NUMBER VII. PART I. for the YEAR 1761.
Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.
M. DCC. LXI.
King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
BEFORE the Right Hon. Sir MATTHEW BLAKISTON Knt. Lord Mayor of the City of London; the Hon. William Noel , Esq; * one of the Justices of the Court of Common-Pleas; Sir William Moreton , Knt. ++ Recorder; and James Eyre , Esq; Deputy-Recorder~; and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
N. B. The *, ++, ~, direct to the Judges before whom the Prisoner was tried.
M. L. By which Jury.
220. (M) Sarah, wife of Thomas Hubbard , was indicted for stealing one linnen-gown, value 13 s. one cloth-coat, value 12 s. one linnen-waistcoat, value 6 s. and one pair of cloth-breeches, value 4 s. the property of John Bradley , July 1 .
Q. Did you ever find them again?
Bradley. I found the gown in Hannah Dawson's shop, she keeps a cloaths-shop in Johnson's-Change, I never saw the other things since.
Q. Was the prisoner seen near your premises about the time you missed the things?
Bradley. No, not to my knowledge.
Q. What reason have you to suspect the prisoner?
M. Bradley. The cloaths-woman that bought the gown brought the prisoner to me, and said she bought it of her.
Hannah Dawson . I bought this gown of a man and woman that came to my shop to ether; the man said it was his wife's gown, and she lay in, and it had been in pawn, and the pawnbroker had advertised to sell off in fourteen days.
Q. Is the prisoner at the bar the woman that came to you with the man
H. Dawson. She is, she said the man was her brother they both told the same story.
Q. Which of them had the gown?
H. Dawson. The man had the gown.
Q. What did you give her or the gown?
H. Dawson. I gave her eleven shillings for it, and a pot of beer; she said it had been in pawn for nine shillings.
Q. What time did you buy the gown?
H. Dawson. I bought it on the Friday, and Mrs. Mason came on the Saturday.
Q. Did you know the prisoner before?
H. Dawson. No, I did not.
Q. Which received the money?
H. Dawson. The man did.
My brother-in-law's wife lay in at that time; the child is since dead; he said it was his wife's gown, and I went with him to that house where he sold it.
For the Prisoner.
Joseph Walker . On the 13th of July, I was on Ludgate-hill , near Mr. Dalmahoy's door, when the procession was going to the Change to proclaim his Majesty. I felt something at my pocket, and immediately heard a whistling. The prisoner was close by me, I saw him with my handkerchief in his hand behind him. The mob was very great, so I did not call out, thinking he might drop it, and get away; so I followed him to near Bell-savage-inn; there I said hold of him, and he immediately dropped the handkerchief.
Q. How near was he to you when you missed the handkerchief?
Walker. He was within a yard of me when I turned about.
I was going up Ludgate-hill, on the 13th of July, I trode on something, I did not know what it was, I looked down, and saw it was a handkerchief, I picked it up, and went with it in my hand, and held it up, and said I had found something by coming to see the sight. I went across the way with it in my hand openly; and when I heard a noise of a pickpocket, and the gentleman coming, I threw it down, knowing it was not my property. I never offered to stir an inch. Then the gentleman said I picked his pocket of it.
Q. to Prosecutor. Are you certain you had it in your pocket when you was standing there?
Prosecutor. I am certain I had, and am confident it was taken out of my pocket; I had not put it in my pocket a minute; the prisoner was not above three yards from me on my seeing it in his hand, to the time of my taking hold of him.
For the Prisoner.
Stevens. He is a carver by trade, I never knew to the contrary but that he was an honest man; I have been in company with him many a time.
Q. What is his general character?
E. Wooley. He has a very good character.
Guilty . ||
|| See him tried by the name of Bennet, Numb, 132, in Sir Richard Glyn's mayoralty.
Q. What are you?
Maynard. I am a butcher .
Q. Did she know where you put your money?
Maynard. She know it was in the drawers; I gave her an order to make the bed, and lock the door, and take care of the key, and let nobody come into the room. After that I missed two guineas, and asked her if she had taken them; she owned she did take them; I ask'd her how she came at them; she said she had got a key that would open the lock; but when she found I had missed my money, she threw it down the necessary-house. I had my key in my pocket all the time. I took her before the alderman, there she owned the same.
Mr. Smith. I was with the prosecutor and the prisoner, and heard her confess the same as he has mentioned.
Q. Were there any threatenings made use of in order to induce her to confess?
Smith. No, none at all, nor no promises of forgiveness.
I do not know what I said, but I never did take the money.
224. (L) William Hall , was indicted for stealing one fish skin razor-case, value 2 s. 6 d. four razors, value 17 s. 6 d. a pair of scissars, value 1 s. one hone, one razor-shop, and one glass bottle, value 1 s. the property of Preston Cartwright , privately, in the shop of the said Preston , June 17 . ++
Q. Where do you live?
Cartwright. I have a shop in Lombard-street ; I was not in the shop when the things were taken, I was sent for from my house into Bishopsgate-street; I went and found the razor-case and things, and prisoner, in the custody of Mr. Nash, one of my Lord-Mayor's marshal-men.
John Cash . My master had been at work, and was gone to dinner; the prisoner came into the shop as my master had left his tools about; I put them up together; the prisoner took up one of them from the vice bench, and played with it, and presently said, Good bye, I am going. He had the tool under his coat. I said, do not go, Where is the tool you was playing with just now? He said, I have none. Then I took it out from under his apron. He pointed up to a knife, and said, What is the price of that? I said, one shilling. Said he, I have been at Birmingham, and can buy as good a one for sixpence. I said, you don't want any thing, you had better go about your business. I want to go, he put his hand behind him, and from under his apron took up this razor-case, with the things in it. I missed it directly. I goes to him, and said, you have got something else now. He said, no, I have not. He had his hands behind him, first he shewed me one, and then put that behind him, and shewed me the other. I went to feel behind him, and he ran away directly, and I after him, calling out, Stop him, and he was taken.
John Crocker . I was at my door, facing the Mansion house, and heard a boy cry out, Stop him, stop him. I saw the prisoner come running down Cornhill; he crossed over the way; I ran over after him. Ju st as he came to the paved-stones, he dropped the case; I took it up, and ran and laid hold of him.
Q. to Cash. Look on this case, and those instruments, do you know them?
Cash. These are my master's property, the same that the prisoner took out of our shop.
I took it up only out of a joke with the lad.
Guilty 4 s. 10 d.
Maria Howell , spinster , was indicted for stealing one dimity waistcoat, value 4 s. 6 d. and one brush, value 6 d. the property of Thomas Finney , August 28 .~
Q. What are you?
Finney. I am a taylor , on the 28th of August, in the morning, I heard somebody call on the stairs, Mr. or Mrs. Finney, I could not tell which. Some time after I saw the prisoner come down stairs with a bundle, tied up in her apron; I asked her who she wanted, and what she had in her apron; she said I had no business to enquire what she had in her apron; she had been up with the taylors, and brought a waistcoat of her master's to be mended. I asked her who her master was; she said, Mr. Williams. I looked into her apron, and there I found a waistcoat and brush, my property. Then she offered to down on her knees to ask pardon.
Q. What room were the waistcoat and brush taken from?
Finney. The waistcoat was in a two-pair of stairs room, and the brush in the dining-room.
I'am not guilty I am sure.
Guilty 10 d.
Q. What are you?
Booth. I am a shoemaker , a person that lives in a one-pair of stairs room got up, on the 18th or 19th of August, went out, and left the door open. The prisoner came in, and took away the things mentioned in the indictment.
Q. How do you know that?
Booth. They were advertised for the owner of them to come to justice Welch's. I went and took my cash that they were my property, and Mr. Ray was there; he took his oath that he bought them of the prisoner at the bar, and the prisoner confessed it to me in the Round house.
Mr. Ray. I bought these harateen curtains, and sauce pan, of the prisoner at the bar. [ Producing them.]
Prosecutor. These are my property, and what were taken out of my house.
Q. Where did you buy them?
Ray. I bought them in Monmouth-street.
Ray. I cannot tell the time justly, it was about five weeks ago.
The prisoner was very ill of the gaol distemper, and said nothing in her defence. Guilty 10 d. On the account of her illness she was privately whipped, and turned out immediately .
To which she pleaded guilty .
John Berrysford . I am servant to Mrs. Mason, on the 14th of August the prisoner at the bar came into our shop, under pretence of buying some goods. As I was shewing her some ribbons, she conveyed a piece containing a dozen yards of green and white figured ribbon, under some paper that lay on the counter. I then suspected she intended to steal it. I opened five or six rolls; she bought a piece, and when she went out of the shop, I followed her, brought her back, and the piece of ribbon was found upon her.
Q. Who found it upon her?
Richard Fisher . I live with Mrs. Mason, Mr. Berrysford brought the prisoner back into the shop. I was backwards in the compting-house. The woman was conveyed into the back-room. She was charged, by Mr. Berrysford, with taking a piece of ribbon. While Mr. Berrysford was gone for a constable, she produced the piece of ribbon. [Produced in court, and deposed to as the property of Mrs. Frances Mason .]
Q. Where did the prisoner take the ribbon from, when she delivered it to you?
Fisher. I think she took it out of her pocket.
Q. What account did she give of it, as to how she came by it?
Fisher. She seemed to say she took it up by mistake.
Prisoner. Mr. Fisher has known me many years.
Fisher. I have heard a pretty good character of her, as that of an industrious woman; her husband is gone abroad.
I was looking after a gentlewoman that lay in, she sent me to let a person know that the child was to be christened the next week, and gave me a guinea to buy some things for her. I went and bought a piece of lawn; then I came to this shop, and bought a piece of figured ribbon, and a piece of plain, and paid for them. I laid my handkerchief on the counter, in order to put my things in. I tied them up, and went out of the shop, and went to another shop to buy a pair of shoes, and the gentleman came and said, he wanted to speak with me. I went over to the shop again, and he said I had got a piece of ribbon. I emptied my pocket, and untied my handkerchief, and found I had put the piece of ribbon in by mistake.
For the Prisoner.
Q. During that time what has been her behaviour?
E. Sibury. I know nothing but what is just and honest by her.
229. (M) Mary Ind , spinster , was indicted for stealing two brass sauce-pans, value 2 s. one woollen-blanket, value 1 s, one iron-trivet, value 2 d. two bolsters, value 18 d. two linnen-sheets, value 2 s. one copper pot, value 18 d one copper frying-pan, value 6 d. and one pillow, value 4 d. the goods of Sarah Hudson , widow , in a certain lodging-room, let by contract , &c. May 2 .
Q. Who do you mean by they?
S. Hudson. I mean her mother and she.
Q. Which of them did you let the room to, her, or the mother?
S. Hudson. To her mother.
Q. Which did you consider as the person to pay the rent, her mother, or she?
S. Hudson. I considered the mother as the pay-mistress, and not she.
Elizabeth Harding . I live in St. Martin's-street, I am apprentice to Mrs. Kelly, I missed a couple of aprons, and suspected the prisoner at the bar; she was going to take a pair of sleeves out of pawn; I went after her to see where she went; I followed her to Mr. Hodges's, a pawnbroker in Green-street; I saw her go in; I went there after she was gone, and asked if they had not two aprons pawned by that person. They were produced to me. After that I asked the prisoner if she pawned them there; she denied it, but at last she owned that she did carry them.
Q. Did you know her before?
E. Harding. She was a workwoman where I was apprentice.
Q. Did she lodge in the house?
E. Harding. She did.
Riley. I cannot be positive to the prisoner, these two aprons were pawned at our shop by one Catharine Patten ; she had used our house about two months; one was pawned on the 11th, the other the 15th of July. The prosecutrix came and asked me if we had not a person of that name that used our shop, that had pawned such aprons, so I fetched them down. The woman that pawned them had a duplicate away with her.
Q. What do you call a duplicate?
Riley. We make two papers of what the people bring, and she had one, and we kept the other [Producing one.] This is that which I kept.
Prosecutrix. Here is the other, it was found in the prisoner's trunk; I saw it taken out by Mr. Kelly. [Produced, and compared.]
Riley. These are both alike, and this last produced, the person that pawned the aprons had away with her.
The prisoner said nothing in her defence.
Guilty 10 d.
231. (M) Elizabeth, wife of Thomas Beaumont , was indicted for stealing two blankets, value 6 s. two pillows, value 1 s. one copper tea-kettle, value 5 s. one pewter-dish, value 3 s. two pewter plates, one brass candlestick, two sheets, one looking glass, one copper pot, one smoothing-iron,James Kennedy , the same being in a certain lodging-room, let by contract , &c. Aug. 15 . ++
232. (L) Mary, wife of William Squires , was indicted for stealing one pair of linnen sheets, value 5 s. the property of John Tate , the same being in a certain lodging-room, let by contract , &c. Aug. 29 . ++
Elizabeth Tate . My husband's name is John, I let the prisoner at the bar a lodging about five weeks ago; it was ready furnished; a pair of sheets were missing about the latter end of August, and she had left her lodging, and absconded.
The prisoner said nothing in her defence.
Q. What sort of a watch is it?
Hughes. It is a silver one; I know nothing of the stealing of it.
Q. What was the name and number?
Hughes. The name was Kover, number 9430.
John Thomas . I am a clock-maker, and live on Snow-hill; the prosecutor brought the watch to me, the Thursday before the 6th of July. On that day I lost it. I cleaned it, and went on the Sunday morning with it in my pocket, in order to carry it to him.
Q. Where does he live?
Thomas. He lives in the Strand; the door was not open. So I went to see an acquaintance of mine, who was upon guard. Then I went to Westminster; and at coming home, I went with my friend towards the Seven-dials; then it was about twelve at night. Coming along, we met a couple of girls; he went to them, and asked where was a Night-house. We went to one Mr. Capstick's, at the King's-arms, near the Seven-dials. The two girls knew the house; we had half a pint of gin, then another. We staid till almost three, then they took me to the Black-horse in St. Giles's.
Q. Were the girls the two prisoners at the bar.
Thomas. No. we had the girls along with us to the Black-horse. I had the watch in my pocket there. I pulled it out there.
Q. Were the prisoners there?
Thomas. I do not remember I saw the prisoners before I saw them at justice Welch's. My friend went away, being in liquor. I went from that Black-horse to another Black-horse, in Church-lane; there I had a pint of beer by myself; there I fell asleep in the box. The man said, Do not sleep, your watch is picked out of your pocket. I found my fob turned wrong-side outwards, and my watch gone. I found my money all was gone. I went home, and the owner came for his watch, and I told him how it was lost. Then I went up to the house where it was lost, and told the landlord I had lost my watch there. He said there was a watch and woman carried then to justice Welch's. The prosecutor was with me. I went to justice Welch's, and there I found my watch. I first described the name and number. [ The watch produced in court, and deposed to by the prosecutor.]
Thomas. This is the watch I lost that night. I told the justice I believed I was robbed of it. A woman was brought to me, it was Mary Hughes . I did not know her. The justice asked her how she came by the watch She said she took it out of Elizabeth Spencer 's hand in a joke. Spencer was brought. I said I did not know that ever I saw her. The prisoners both said they never saw me in their lives before.
Q. Had you your watch at the last Black-horse you was at?
Thomas. I had and had pulled it out there. Hughes said to me. I was there, and that I was drunk, it was the first Black-horse that she saw me at. Spencer swore she never saw me.
Thomas. No, that is false, I never did.
William cross. I am a constable, the prisoner Hughes was brought to the Round house; I heard she had a watch about her; I went to her, it was on the 7th of July; I asked her for the watch; she took it out of her bosom, and gave it to me; the same that is here produced. I asked her how she came by it. She said she had been along with Mrs. Spencer, and Mrs. Spencer had it in her hand, and she in a joke pulled it out of her hand, by which means the chain was pulled from the watch. I asked her whose property it was. She said, Mrs. Spencer's husband's. Then she was brought to Mr. Welch's, there she
Prosecutor. There were two seals to it when it went from me.
As for the gentleman, I know nothing of him, I never saw him 'till before the justice. This young woman (meaning Spencer) and I had been out, and both very much in liquor, as much as could be; we came home, and went in at the door; and after that this young man came into our house very dirty, he took a knife and scraped his coat, and asked if he could have a bed; we told him yes; Spencer took him up stairs; he asked the price of a bed; she told him six-pence; he said it was cheap enough, but he had no money about him, this was between two and three in the morning, he said he had been in a fray; then he said God bless me, he had got his watch and he would leave it; Spencer said she would not take it, except there were witness to it, and asked him what he would leave it for; he said for a crown; she called my landlady up stairs; said Spencer, you see this gentleman leaves his watch with me, without any thing to it, for a crown, 'till he comes again; I went out in the morning between four and five, and got my self into a scrape, and was taken up and put into the round-house, for stabbing a boy in the back; I having the watch, pulled it out of my bosom, after the gentleman asked me for it, and told him how I came by it, and delivered it to him.
For the Prisoner.
Sarah Marshall . I live at the bottom of Dyot-street, Church-lane; the two prisoners lodge in my house; on the 6th of July a woman came and knocked at my door, between one and two o'clock; I asked who was there, and said I did not chuse to get up; she said, God bless you, I have been an old lodger with you, let this man wash him; I said it is an odd time of night, to wash people here; he came in all mud and dirt, and scraped his coat, and washed himself, then he asked to lie down, and he went to lie down, I did not get out of my bed.
Q. Who let the man in?
S. Marshall. The girls that worked on soldiers cloaths in my house let him in, as he took a girl up on the account of this watch, and she was cleared before justice Welch, he came to my bed-side after he was washed.
Q. What did he say to you?
S. Marshall. He said nothing to me any farther than to ask to lie down; I said the constable lives at the next door, and perhaps I may get into trouble for betting you in; I took one of the girls a box for letting him in.
Q. What time was this?
S. Marshall. This might be between one and two o'clock. he said he had no money at all, and he would leave his watch with them.
Q. Where was this that he said he would leave his watch?
S. Marshall. This was in the kitchen, I told him I did not take in any pawns.
Q. Who did he say he would leave it with?
Q. What did he speak with her about?
S. Marshall. It was because I refused to let him lie down, and he asked her to let him lie there. I never take no more than two pence a night, or a groat if they come at that time of the night.
Q. How much money was the watch pawned for?
S. Marshall. I cannot say how much, for the girls came down stairs, and told me he had left his watch with them; after that Hughes got out of the house and got into a scrape; he was not in my house half an hour in all the time, he went up stairs a small trifle of time, then he came down and went away.
Q. Was this talk about pawning the watch, after that of washing himself or before?
S Marshall. It was after that.
Q. Where did he wash himself?
S. Marshall. In the kitchen; he was very full of liquor and rolled up and down, and could not stand I would not let him lie down; at last the girl said, come landlady, perhaps this man may get into bad company let him lie down on the bed.
S. Marshall. He was up stairs.
Q. How came he to go up stairs?
S. Marshall. He went up to the prisoners, and came down again, and they went out all together; he made the offer of the watch before he went up stairs.
Q. Where was Spencer?
Q. Where was she when he offered to leave the watch with her?
S. Marshall. She was not in the room then at that time, she was up stairs.
Q. Who did he go up stairs along with?
S. Marshall. He went up along with the other two girls that work at soldiers cloaths.
Q. When did you see him afterwards?
S. Marshall. Never, 'till I saw him before the justice, I saw him go up, and I saw him come down.
Q. Did he leave his watch in your presence?
S. Marshall. No, he did not.
Q. Who came down stairs along with him?
S. Marshall. He came down stairs alone, very full of liquor.
Q. Had he any liquor in your house?
S. Marshall. No, none at all, every body were in bed, only some that were at soldiers work.
Q. Was you before justice Welch?
S. Marshall. I was; all I heard the good man say, was, he left the watch with them.
Q. Did you ever see the prosecutor before?
S. Marshall. No, never in my life.
Q. Had he ever been in your house before?
S. Marshall. No.
Q. How long had the prisoners lodged in your house?
S. Marshall. Ever since last Easter.
Q. to Thomas. Was you at this woman's house that night?
Thomas. No, I never was in her house in my life, nor never saw her 'till before the justice.
Q. Can you take upon you to swear you was not there?
Thomas. I can, and this woman and one Lee, were before justice Welch; and then she told quite another story.
Q. What did she say there?
Thomas. She said Spencer desired her to go to Mary Hughes, and get the watch from her, to make money of, to keep her while she was in the gaol,
Q. Did she mention any thing about your being at her house?
Thomas. No, she said not a word of such a thing; she there said, she never saw me before.
Q. Did either of the prisoners at the bar pretend to have you at their lodgings?
Thomas. No, they both said they did not know me, and that they had never seen me.
Q. In what condition was you? Had you been fighting?
Thomas. A man struck me a blow, and I had then a black eye.
Q. Do you remember your cloaths being scraped?
Thomas. I was washed at the Black Horse, and no where else.
Q. Was you so drunk, as not to be able to know what you did? Or was you sober enough to know each circumstance?
Thomas. I was sober enough to know what past.
Q. to Cross. Do you remember this woman being before justice Welch?
Cross. I do.
Q. What did Spencer say there?
Cross. She said, she knew nothing at all of it.
Q. Did she say she knew Thomas?
Cross. She said, she did not; that she never saw him before she saw him there.
Q. Was Marshall present in the hearing of that?
Cross. She was.
Q. Did you hear any thing about his being at Marshall's house?
Cross. No, I never heard a word of his being there, or of seeing either the man or the watch before, by Marshall.
Q. Was she there above once?
Cross. No, only once.
Q. What was she sent there for?
Cross. She came to give a character to the women, because they lodged in her house; I am sure that in all that past before the justice, she never talked of her seeing that man in her house.
Q. Whether you can recollect with certainty, that Marshall said, she had not seen the man before?
Hughes Guilty .
Spencer Acquitted .
The jury declared they believed Marshall had perjured herself, on which she was committed to Newgate.
Edward Hazard . I travel with goods with a licence; my wife keeps a stall in Spital-fields market ; the prisoner came to my stall, and soon after the handkerchiefs were missing, mentioned in the indictment, he was pursued and taken.
Q. What time was this?
Hazard About half an hour after ten; we had two candles burning.
Q. Did you ever get them again?
Hazard. Here they be; when the man was taken, I said, that was the man; he down'd on his knees, and asked my pardon, and said, he took them in a frolick; I said before the justice, he was the man that I had seen by my stall just before.
John Warner . The prosecutor's wife called, Stop thief; I was directed after the prisoner, I came up to the prisoner; I said, I will hold you, 'till you give me what you have taken; I thought they were stockings; he said, he had taken none; but he owned he had taken one handkerchief; then more company came; then we wanted to know where the handkerchiefs were; he went and pointed to where they were, and there we found them.
- I found the prisoner in the custody of the prosecutor, and Mr. Warner; the prosecutor gave me charge of him; then he down'd on his knees, and owned the fact.
When I was in the watch-house; Mr. Hazard said, he could not swear to me.
Samuel Isaac . I am a shoe-maker , and live at Isleworth ; I went in at the sign of the Feathers, an ale-house there; I found the prisoner, and my man there; I told my man it was time to go home to his quarters; he said, he had called for a pint of beer, and when it was out, he would go home with me.
Q. Did he lodge with you?
Isaac. No; before ever my man had drank it, the prisoner and his comrade came to my man; the comrade said, he would fight my man, and the prisoner he would fight his second; I suppose he meant me; I said, I should not concern myself in it; my man was down twice, and they both beat him after he was down; I said, that was not using him well; upon which, the prisoner knocked me down, and struck me over my temple, and I felt his hand in my left side pocket, where was a guinea; I called out murder; he let me get up, as soon as I was up, I missed the guinea; I went for the beadle; it was then almost ten at night; he was gone to bed, having taken a sweat, I could not have him; the next day I made my complaint to the justice, and got a warrant for him, and the prisoner was brought before him; I charged him with taking the guinea; he acknowledged he knocked me down, but denied taking the guinea.
Q. Are you sure you felt his hand in your pocket?
Isaac. I am positive of that; when his hand was in my pocket, he struck me several blows with the other hand.
Q. from Prisoner. When you felt my hand in your pocket, why did you not call out to prevent me?
Isaac. I did call out murder, and he was beating me violently; I would have been glad to have been out of the house, if it had been five guineas.
I belong to my lord Robert Rich 's regiment; he ran out of the door when I struck him, like a hen in the rain; there was his man and my comrade fighting on the floor; I went and parted them, and after that a second time; then the prosecutor came up, and said, you rascal, if you don't let them alone I'll knock you down; said I, I question whether you can or not; he laid hold on my coat, then I knocked him down; he went out at the door, and never said a word; then he came in again, and said, he had lost a guinea; one said, who has it? And another said, who has it? Then he said to me, you
Q. to prosecutor. What answer can you give to this?
Prosecutor. This is as false as God is true; he, and his comrade too, were both in buff before my man was struck: my wife was then at home, and not there at the time.
235. (M.) Nicholas, wife of William Adams , otherwise Lawrance, otherwise Law , and William Woodley , were indicted, together with John Lawrance , not taken, for stealing five silver table spoons, value 7 s. three gold rings, value 1 l. 1 s. one silver pepperbox, value 10 s. one metal watch with a shagreen case, value 40 s. one gold seal, value 3 s. one green silk tabby gown and apron, volue 40 s. one straw coloured Irish stuff sack, value 10 s. one black silk gown, value 4 s. one white linnen gown and apron, value 10 s. four white under petticotas, value 10 s. one quilted black callimanco petticoat, value 7 s. one pink coloured petticoat, value 1 s. one scarlet feather muff, value 1 s. one black shade, value 18 d. four linnen aprons, value 4 s. two yards of lace, value 12 s. one pair of silk shoes, value 2 s. three window curtains, with lines and rings, value 2 s. the property of John Eliott , June 18 .~
John Eliott . I lodged about 15 months with the prisoner Nicholas Adams , in George and Plough yard. She removed into Baker's street, Westminster , and I went with her there. I never left her till the week my things were taken away. Then I missed the things mentioned in the indictment, [mentioning them by name.] When I went away, and took a lodging over the way, I left those things in a chest, and locked it up. Upon hearing it was taken away, I went and demanded the chest, and said I was ready to pay the balance that was between us. She said she would not take the money, I might keep my money, and she would keep my thing, and she told me my chest was removed to Mr. Woodley's. I went there, and he said he had the chest for 6 l. and if I would pay the money I might have the things again. After I had demanded it they swore the peace against me, and bound me over. Then I was advised to go and find a bill against them; the prisoners were then in prison. Then I obtained a search warrant, and then was informed the chest was carried back again to Mrs. Adams's house. I went there, and found the chest broke open, and the goods taken out.
Counsel for prisoners. We admit having the goods.
Eliott. [He takes it in his hand.] I did not write the name.
Counsel. Nor no part of the note?
Eliott. No, nor no part of it.
Q. Did you ever see it before?
Eliott. It was produced to me at justice Cox's.
Q. Here is another, look at that. Did you write the name or any part of the note?
Eliott. I did not; I never wrote this nor any part of it.
Q. Do you know any thing of the writing these notes?
Eliott. No, I never knew any thing of them.
Q. Were either of them wrote by your direction?
Eliott. No, they were not.
Q. Are you positive of that?
Eliott. I am.
Q. How long since you first went to lodge with her?
Eliot. I think it was in the beginning of July.
Q. Was your wife living then?
Eliott. She was, but was very ill, and was from the first of my marrying of her.
Q. Did you borrow any money of Mrs. Adams?
Eliott. I borrowed 6 l. 3 s. of her, about the 14th or 15th of Nov. last, I am not certain to the day of the month.
Q. Did you give her a note for it?
Eliott. I did.
Q. For what purpose did you borrow that?
Eliott. My wife being ill a great while, I borrowed it to take several things out of pawn. I paid her all that money since, but about 9 s. and have receipts for it.
Eliott. She told me it was lost, was the reason I had receipts of her. I offered to pay her the 9 s. several times, and she will not take it.
Q. Was your watch in pawn?
Eliott. No, it never was.
Q. Did not you once borrow 2 l. 8 s. of her?
Eliott. The whole I borrowed was 6 l. 3 s.
Q. Did you ever borrow any of her since?
Eliott. No, never.
Q When you was before the justice, were these notes produced to you?
Eliott. Yes, these two notes before Mr. Fielding.
Q. What did he do upon that?
Eliott. Mr. Fielding said, if they make such a demand, I must find a bill of trover against them; they swore the peace against me when I made a proper demand, before Mr. Alexander and his clerk, of my things, and they would give me no account of them; and they swore the peace against me before justice Cox, and I was bound over to appear at Westminster, and at the same time I imployed Mr. Ridgway, he shewed me the way to find the bill against them at Hicks's-hall; he is my proper attorney, but now he chuses to turn on the other side.
Eliott. I do very well; she was at Mrs. Adams's.
Q. Whether you did acknowledge to Mrs. Hawkins, that you owed Mrs. Adams 9 s. 6 d. exclusive of the money contained in the notes?
Eliott. I told Mrs. Adams, I had not money about me to pay the ballance; but she knew I had a guinea paid me every three months by a gentleman in Oxford-Road, and I would leave the note as a security: no, she said, I might receive my own money, and she would keep the things.
Q. Whether you acknowledged in Mrs. Hawkins's hearing, that you owed Mrs. Adam's 9 s. 6 d. exclusive of the other note?
Eliott. No, I did not.
Q. Do you know Mr. Darby?
Eliott. I do.
Q. Did you ever acknowledge that to him?
Q. When did you pay the money you borrowed of Mrs. Adams?
Eliott. I paid it at several times, and the receipts are in the chest.
Q. Whether you did not perswade Mrs. Adams to make you a bill of sale of her goods?
Eliott. Sir, she has two husbands now living; she told me so. She said she should be ruined by her first husband, who was coming home, and he did come home: that was the reason of her carrying this chest away. She was afraid she should be prosecuted, and desired I would accept of a bill of sale on the account of a child she has by the second husband, when the other came home; it was in favour of her own child.
Q. Did you give any consideration for it?
Eliott. No, I did not.
Q. Was you any thing out of pocket by it?
Eliott. No, I was not.
Q. Whether when you saw Mr. Darby you did or did not give him directions to seecure your chest?
Eliott. No, Sir, I made all over to the child; I was not a farthing gainer.
Q. Did you ever acknowledge to Mr. Darby you owed Mrs. Adams 8 or 9 pounds?
Eliott. No Sir.
Q. Did you say she had notes of hand of your writing, but she could not prove your hand-writing.
Eliott. No Sir.
Q. What was the occasion of leaving your trunk in the house?
Eliott. I was about moving my lodging.
Q. Who had the key of it?
Eliott. I had.
Q. What room did you leave it in?
Eliott. I left it in the room where I had lodged; but it was so full of bugs, that I could not lie in it; it was one of the back rooms.
Q. Was it in the same room where you found it broke open?
Eliott. No, it was not.
Q. How many lodgers were there in the house?
Eliott. There were several; they are all here.
Q. In which room did you lodge?
Eliott. In the back room, up two pair of stairs; but after it was troubled with bugs, I lodged in the room opposite to it; I rented two rooms. I went away a week before my time was out; I told her I should quit the lodging at the time; but I did not.
Q. Did Mrs. Adams deny having the things?
Q. You say she said she would keep the things; what was she to keep them for?
Eliott. That I do not know.
Q. Do you remember his going away and leaving a chest there?
M. Banks. Yes, in my room, up two pair of stairs, in a back-room.
Q. Do you know what was in that chest?
M. Banks. No, I do not; I know it was full of something, and it was locked; I saw Mr. Eliott lock it that very morning when he went away.
Q. Do you know of its being removed?
M. Banks. To the best of my knowledge it was the 18th of June, it was on a Thursday I know; I was going of an errand, and coming in again, I believe between nine and ten at night, I met Mr. Woodley and John Laurence , with the chest, but I do not know where they carried it; they carried it out of the street-door. I knew it was the same chest, because when I came into my room I missed it; it was a remarkable one; he had left it in my custody; Woodley used to be about our house frequently.
Q. How do you know it to be this man's chest?
M. Banks. I know it by seeing him take things out, and put things in; and I have heard Mrs. Adams say it was his chest; it was a long red chest.
Q. Was you a lodger to Mrs. Adams in a ready furnished lodging?
M. Banks. I was.
Q. Whose was the furniture?
M. Banks. The furniture was Mrs. Adams's; this gentleman lodged in the room just before I came there; and when he left the room, I came into it that day.
Q. How long did you continue to lodge there after this chest was removed?
M. Banks. Only that very day; I think I went away the next day.
Q. Where was Mrs. Adams when the chest was carrying away?
M. Banks. I did not see her, I was very much confused.
Q. Did you ever see Mrs Adams and Woodley together?
M. Banks. No, not after that.
Q. Did you hear of any money Mr. Eliott owed Mrs. Adams?
M. Banks. No.
Q. Did you ever understand from him, or any body else, that the chest was left there as a security for money?
M. Banks. No, I never heard of such a thing; they were very familiar in eating and drinking together.
Q. Did you apprehend, from the appearance of the thing, their carrying the chest in that manner, they intended to steal every thing in it? Can you give an account how it came to be taken away?
M. Banks. I do not know, there were some words arose between them; that is, Mrs. Adams and Eliott, and this was that very same week; I think the day or two before the chest was carried away.
Q. What was the result of that quarrel?
M. Banks. I heard mentioned, that her husband was coming home; Mr. Eliott persuaded her to take him home, saying, he was the fittest person to live with her. She said, Dear Mr. Eliott, I cannot do it, nor will I. He said, it must be so, and it should be so. I heard her say, she wished she had taken the chest out. I thought it was all as one betwixt them.
Q. What was the second husband's name?
M. Banks. His name is Laurence, it was he that was with Woodley, with the chest, carrying it away.
Q. You say she wished she had taken the chest away, why did she wish that?
M. Banks. For fear Mr. Eliott should bring a constable, and take it away. They were upon very good terms 'till this husband came home; and after that I heard Mrs. Adams say to him, You black-guard; and he said, Very well, Madam, I shall soon fetch the things.
Q. How long had you seen Laurence there before the things were taken away?
M. Banks. I believe I saw him there a fortnight before.
Q. Do you know any thing of Mr. Eliott's leaving his lodgings, and leaving his chest there?
S. Ewers. No, I do not.
Q. What room did you lodge in?
S. Ewers. I lodged in the one pair of stairs.
S. Ewers. I believe he lodged in the two pair of stairs floor; just as this affair happened I quitted my lodgings.
Q. You speak of this affair, I suppose you know something of the out-lines of it?
S. Ewers. No, I know nothing of the affair; Eliott and Mrs. Adams lived on very good terms; he was a very sober man, and Mrs. Adams gave him that character. They eat and drank together; and sometimes, when I was ill, they would both come into my room together to see me.
Q. Did you overhear any conversation between them relating to this chest?
S. Ewers. No.
Q. Nor about a bill of sale?
S. Ewers. No.
Q. Nor no apprehensions of her first husband's coming home?
S. Ewers. No, I did not know that she had any husband but one.
Q. How long did you stay after Mr. Eliott?
S. Ewers. I believe no more than a week; Mrs. Adams was in custody before I went away; and I quitted my lodgings, not bearing to be in a house that bore so bad a character.
Q. Do you know any thing of the chest being removed, or brought back again?
S. Ewers. No, I do not.
S. Ewers. I do.
Q. Did not you declare to her, Good-lack, they have been carrying away Mr. Eliott's chest.
S. Ewers. No, Sir.
Q. What did you nail up the window-shutter for?
King. For the safety of the house.
Q. Were there any windows broke?
King. No, there were none broke, it was backwards, and might easily be approached, being a ground-floor back-parlour.
Q. Did you nail up the door?
King. No, I did not.
Q. Did you ever see Mrs. Adams and Mr. Eliott together.
King. I was once there when they were together; Mr. Eliott came in, and demanded the chest.
Q. When was this?
Q. Was the chest delivered to him?
King. No, it was not.
Peter Perry . Mr. Eliott desired me to go to Mr. Woodley, he said he had got a chest, and I was to ask him for it. I went and knocked at the door, and Mr. Woodley came himself. I told him my message. He said Eliott should not have the chest, 'till such time as he had paid Mrs. Adams, or him, the sum of 6 l. or six guineas, or to that purpose; he should have it if he paid the money
Q. Did you ever see the chest?
Perry. I saw it behind a coach this morning.
John Darby . I live in Grange-court, Gray's-inn-lane; about the 17th of June last I went to Mrs. Adams's, by the desire of Mr. Eliott and Mr. Nicholson, who is the master of the daughter-in-law of Mrs. Adams. Mr. Eliott had informed Mr. Nicholson, that Mr. Law, Mrs. Adams's former husband, had made a will, and left all to this daughter, Elizabeth Law ; but that Mrs. Adams being in possession, would not assist the daughter, although she was appointed executrix. I went to Mrs. Adams, and saw the will; she produced it. I found it quite the reverse to what Mr. Eliott had told me. I found he had left every thing to his wife. I then told Mr. Eliott it was in vain for me to apply for any thing for the benefit of the daughter; but Mr. Eliott then being indebted to Mrs. Adams about 8 l. 9 s. or 10 s. and he confessed to me that he had got a bill of sale, from Mrs. Adams, of her houshold goods; upon which, he said, he would assign this bill of sale over to Mr. Nicholson, the girl's master, if he thought I could get him a discharge from this debt that he owes this woman. I told him I would do my endeavour to do it. I waited then on Mrs. Adams, and told her that Mr. Eliott had assigned the bill of sale over to Mr. Nicholson, for the use of the daughter-in-law. Then Mrs. Adams was very much concerned, and said, she never had any consideration for this bill of sale, and that it was done by the desire of Mr. Eliott; and the reason he assigned to her was, to prevent her husband's selling the goods, in case he came home. Then she agreed to give me a note for five guineas, for the use of the girl. This I think was on the 18th of June; and I received the money in about ten days after. Mr. Eliott called upon me the
Q. Had he said any thing to you about the things in the chest?
Darby. He said the things in the chest were there by way of security for the money he owed her. I asked her if she would discharge the debt. She said, she never would; and when he called on me the next day, I told him I would have no future concern in it; I would have nothing to do with him, nor his chest neither. I have known Mr. Nicholson many years; I believe he is here.
Q. Did you advise Mr. Eliott how to get at the chest?
Darby. No, I did not.
Q. Did Eliott say to you he had given any security to her for the money?
Darby. He said he had given two notes for it, and that they could not prove his hand-writing, and he would not own it.
Q. Are you certain of this?
Darby. I am, and also that he gave me a commission to go there, and make use of this bill of sale, on purpose that he might have his debt forgiven.
Q. With what view did he bring this bill of sale to you?
Darby. With a view of getting his chest.
Q. Did he tell you he would deny his handwriting?
Darby. Upon my oath he did, and rely upon their not being able to prove it.
Q. Did he mention the goods left in the chest were left as a security for the money he owed Mrs. Adams.
Darby. He did.
This man, Eliott, and his wife, came to lodge with me; his wife was dying; he told me he had such and such things in pawn; he begged I would lend him some money to take them out of pawn, otherwise they would be lost. I lent him six guineas; he went and brought home the things, and gave them into my possession. After his wife died he brought me that note, which is here produced, for the money, and the box was still to be in my custody. After that he very artfully got me to make a bill of sale to him, which I very foolishly did. He desired me to put it into his chest, in case my husband should come home; saying, he could answer breaking open my drawers, but could not his chest. I did as he said. He had a watch in pawn, and he said he did not value that so much as the seal, because that had his name on it. He desired I would lend him two pounds eight shillings to bring it out of pawn. I let him have it. He gave me a note for that sum, and the watch was put in my possession 'till the money could be paid. After that, when he found he could not get the things away without the money being paid, then he went and made over this bill of sale to this gentleman. When Mr. Darby came to me, and told me what Eliott had done, I told him I should insist on every halfpenny of the money. Eliott knows what I have said is truth before God and man. When he could not get the things, he took me before justice Fielding, when I gave an account he had been at this court, and tried, ||
(Eliott. I was acquitted in court.)
the justice discharged the warrant. Then he came into my house, and said justice Fielding gave him an order to take away the chest, and bred a riot in the street. The next day I got a warrant from justice Cox against him, and he was bound over.
I lent Mrs Adams a hand to remove the chest out of a back-room, up two pairs of stairs, into a back-room on the ground-floor.
Mrs. Adams. I desired Mr. Woodley to help me down with the chest. The chest was never out at my door. I removed it into that room, fearing Mr. Eliott should come and take it away by force, without paying the money. He brought a soldier, and took it away soon after. Before justice Fielding, and justice Cox, these notes were produced, and he denied giving them to me.
For the Prisoners.
Q. Where do you live?
S. Hawkins. I live in the Abbey-cloisters. I am servant to Dr. Osborne; Eliott brought me to Mrs. Adams's, and wanted her to make the affair up; she asked him to give up the bill of
Q. When was this?
S. Hawkins. This was about two months ago.
Q. How long was it before Mrs. Adams was taken up?
S. Hawkins. It was about a week before that, to the best of my knowledge; she said in answer to that, I will orn to do such a thing, you may lodge in where you will
Q. Was it mentioned how much he owed her?
S. Hawkins. No; I do not remember that.
Q. Do you remember any talk of a debt due from Eliott to Mrs. Adams?
S. Hawkins. No.
Q. Do you remember any discourse, that the goods were left as a security with Mrs. Adams.
S. Hawkins. No.
Q. Did you hear any talk about the notes of hand being given?
S. Hawkins. No; I did not.
Q. Have you at any time seen Eliott, since that?
S. Hawkins. Yes; once.
Q. How long after?
S. Hawkins. In a few days after, he brought me to Mrs. Adams's house, and said, he would make it up; there were some china, and a pair of stays, that he had made a present to her of; Mrs. Adams said, Mr. Eliott, I have never made any note to you for your washing; so, if you are willing, one shall go against the other; he said, yes.
Q. Did you understand from Eliott's talk, that he owed Mrs. Adams some money?
S. Hawkins. I did, the sum I cannot say; but I have heard Mrs. Adams and Mr. Elliott talk about seven or eight pounds.
Q. Did you never hear her talk to him, about lending him money to redeem cloaths?
S. Hawkins. Yes, I have; then I lodged in the house, and frequently heard them talk of it; that was in that house in Westminster.
Q. Did you ever hear Mr. Eliott speak of it as a debt, due to Mrs. Adams?
S. Hawkins. I have; as a debt of seven or eight pounds.
Q. Did you never hear him talk of a note or notes, given her for that money?
S. Hawkins. No.
Q. How was Mrs. Adams's money to be secured to her, that Eliott owed to her?
S. Hawkins. I do not know.
Q. Did you never hear talk, that part of the money had been paid?
S. Hawkins. No.
Q. Look at these two notes, [she takes them in her hand. ]
M. Bulwash. These are very different from mine.
Q. Look at these two notes [he takes them in his hand. ]
Peyton. He writes very different; sometimes large, and sometimes small; the name upon one of them, seems to be like his handwriting, but I can't swear to it; the other, to the best of my knowledge, I verily believe to be his hand-writing.
Q. By what do you believe it to be his hand-writing?
Peyton. I believe it, from what I have seen him write.
Thomas Busford . I am acquainted with Woodley, and have known him seven or eight years; he is a carpenter and joiner, in Chapel-street; he is a housekeeper; I live in the same parish; I look upon him to be a very honest, worthy man.
Thomas Cock . I live in the same parish, and have known Mr. Woodley seven or eight years; he has an exceeding good character in every respect, he is universally respected by all his neighbours, there are a great part of the neighbourhood here to give him a character
Mrs. Magellery. I have known Mrs. Adams between two and three years; she always bore a very honest character; I never heard any ill of her.
Mr. Nicholson. I live at Knightsbridge; Elizabeth Law lived servant with me, she is daughter-in-law to Mrs. Adams; the girl living with me, Mr. Eliott came to me with this bill of sale, and said, it was the girl's right; so I went to Mr. Darby, as he was a country man of mine, and sent him to Mrs. Adams, to make inquiry of her, concerning the will of the father, but found Eliott had given a wrong account.
Both Acquitted .
The jury declared, it was their opinion, that Eliott had been guilty of perjury; upon which he was committed to Newgate, in order to be tried for the same.
236. (M.) M - N - , spinster , was indicted for stealing one gold repeating watch, with three gold seals, and one gold locket, value 19 l. the property of Robert Brown , and Ambrose Godfrey June 15 .~
William Edwards . I am a watch maker and goldsmith; the prisoner at the bar came to me on Monday the 15th of June, between the hours of one and three, to pay me a small bill which she owed me, of 8 s. 6 d. then she said, she had got a watch to sell, that the person that did own it was dead; and the money to be divided amongst several, and it must be sold; there were two seals, and a locket to it; one of the seals was a coat of arors: she said that would be of no more service than the weight of the gold, and she would keep that for one that belonged to the family, who would be glad of it then they grew up; and she would keep the locket herself, as it would fetch but little; and she desired me to take it off. I bought the watch; it was a gold one, with one gold seal, and gold chain, for 19 l. [ produced in court. ] There was an advertisement in the papers sometime after that; I went with the watch to Mr. Dudley as directed, facing the New Buildings in the Strand; he and I went to Mrs. Hays's, and after describing the prisoner at the bar, she was brought to us; she confessed then in Mr. Dudley's, Mr. Wells's, Mrs. Hays's, and my hearing, that she had sold them to me; we asked her, what she had done with the money; she said, she had paid fifteen guineas, or pounds, to a brewer; and one guinea she had lent to one Mr. Smith; and the rest she had left. She owned also, she had taken the watch and things from Mrs. Hays's apartment, when she was there to see her; (Mrs. Hays is blind) the prisoner asked forgiveness; she said she took it the same day she sold it me; and after she had sold it to me, she went directly back to Mrs. Hays's again.
Q. Who appears to be the prosecutor of the prisoner?
Edwards. Mrs. Hays.
Q. Was the money paid you again?
Edwards. It was brought to me by the prisoner, and Mrs. Hays's servant, on the Saturday morning.
Q. Can you take upon you to say whose property the watch was?
Edwards. I cannot.
Q. How long after this, was it, that the prisoner was prosecuted?
Edwards. I believe it was about three weeks after.
Q. Did Mr. Hays, who is husband to Mrs. Hays, declare he would not prosecute her?
Edwards. There was an advertisement in the paper, something about the prisoner excusing herself: which put him upon doing as he did.
Q. Had you known the prisoner before?
Edwards. I had known her I believe about two years: she used to come to my shop; I had mended a gold watch for her, which came to the 8 s. 6 d. which she paid me, when she brought this.
Robert Brown . I have the will in court [producing one.] In this will is left a gold watch to Mrs. Hays, for her life-time; and after that, to her daughter; and it is in the trust of Mr. Ambrose Godfrey , and Mr. Butler, the duke of Bedford's steward; it is left by Mrs. Catharine Leckup , who died the 30th of July, 1760. There is also an estate at the Bath, left to us in trust for Mrs. Hays; the
Q. Who delivered it to her?
Brown. I did.
Q. Have you ever taken a probate of that will?
Brown. No, we were told there would be no need of taking a probate, as the property was laid wrong in the indictment.
She was acquitted .
237. (M.) Philip Heans , was indicted for stealing one paste ring, set in gold, value 8 s. four plain gold rings, value 1 l. one tortoi-shell handle penknife, value 2 s. two steel watch-chains, value 6 s. and one silk purse, value 1 s. the property of Nathaniel Jefferys , in the shop of the said Nathaniel, privately , June 27 .*
Nathaniel Jefferys. The prisoner was a servant of mine from last October; he was very bare in cloaths when he came to me, and I had a suspicion of him some time on the account of his puting more on his back than I could account for, he having had two suits of cloaths this year; I had lost things out of my shop several times.
Q. What shop do you keep?
Jefferys. I keep a toy-shop , at the corner of Villars-street, York-buildings , in June last. I had a customer that bought some goods, and they were to be carried home on the next morning, out of which, when I came to look over them, I missed two rings, one a brilliant hoop ring, and the other a paste hoop. On the Saturday night, at half an hour past ten at night, the 27th of June, the prisoner came to me, and asked leave to go out on the Sunday to Uxbridge: I asked him how he was to go; he said on horseback: I then thought he wanted to get away. I told him he should lie no longer in my house, for I verily believed him to have taken things from time to time.
Q. How long was this after the rings were missing?
Jefferys. I had missed these rings that Saturday morning. I turned him out of my house, he would sain have gone up to his box, but I would not let him. As soon as he was gone, I took my servant-maid and my wife into the room where he lay, and tryed with all the keys I could find to open his box, but could not. I broke one key in the lock: after that, I forced the box open; there I found one paste gold ring and four plain gold rings, one steel watch chain, a penknife, and a silk purse, which I gave into the care of the maid-servant, who saw me take them out.
Q. Whose property were they?
Jefferys. They were my goods.
Q. Have you found the two rings that you missed that Saturday morning?
Jefferys. No, I have not.
Q. Are these part of the goods that you sell in your shop?
Jefferys. They are: the next morning, when he thought I was gone out, he came for his cloaths, then I secured him, and he had got a steel chain to his own watch, my property, and he also acknowledged it was my property. He said he had taken it out of my shop, he would not make any discovery of the other two rings. I had missed a great many pair of silver-buckles; he owned he had sent two pair into the country, and sold another pair to a person at Salt-petre-bank; but they are not in the indictment. Upon this, I took him before the justice, and he was committed.
Q. What do you value the goods laid in the indictment at?
Jefferys. I value the two chains at 6 s. the paste ring at 8 s. the four plain rings at 5 s. each, the penknife at 2 s. and the silk purse at one shilling. The prisoner confessed he took them all from me.
Q. Did he say from where?
Jefferys. He said from out of the shop.
Henry Jefferys . I was sent for on Monday the 28th of June to the prosecutor's, to take the prisoner into custody, for robbing his master of these things mentioned in the indictment [Produced in court, and deposed to by the prosecutor.] The goods were laid upon the dresser, I think by the maid, for me to take into custody. The prisoner was charged with taking them; he acknowledged he took them out of his master's shop, all but one watch-chain, which was taken from his watch.
Q. Was any thing said to him, at that time, in order to induce him to confess?
Jefferys. There was no promise made him.
Prisoner's Defence. I took them out of the shop, but thought to put them in their place again. I beg the mercy of the court.
Prosecutor. Never, without I sent him home with goods to a customer.
Q. Had you contracted sale for any of these goods?
Prosecutor. No, I had not.
Guilty Death . Recommended to mercy.
Eleanor Allen . I am wife to the prosecutor. The prisoner came into my shop on the 29th of Aug. and asked for a half penny-worth of yellow silk: I had some ribbons in the window, he began to cheapen some; I turned my head a little on one side, in order to reach a paper of silk, and saw him putting a piece of ribbon in his pocket: I said, it is my ribbon, he immediately laid it down. Presently after I missed another piece, I told him I missed another piece, he ran away; and I followed him, and called out, stop thief, and he ran and called stop thief too: he ran down a gate-way, and my husband and a neighbour pursued and took him. I was with him before a magistrate on the Monday morning, he was charged with taking the piece of ribbon, but he denied it.
Mary Frost . I live in Three Horseshoe-court, Long-lane: I saw the prisoner running along with his left-hand in his pocket, it was an inside pocket. He pulled out a piece of ribbon at th e corner of my house, and threw it against a cart-wheel, and it bounded and fell in the channel: I went and took it up, [She takes it in her hand ] Here is my mark upon it.
Prisoner's Defence. I was coming home from work: I called in at that gentlewoman's shop, I was not there a moment, there was another man there: the man that was in the shop went out; I was a little in liquor; she said I had taken a piece of ribbon; I said, what do you mean by that? and took up my half-penny, and went out; they apprehended me, and swore I stole a piece of ribbon out of the shop.
Q. to Mrs. Allen. Was there any other person in the shop at the time?
Mrs. Allen. No, there was none but the prisoner at the bar; I had told the prisoner, he had got a piece of ribbon just before the other person came in; then I rung for my husband, and called my servant in; then he snatched up his half-penny, and run down Charter-house-street, and up Long lane; there he was taken.
Guilty 10 d.
239. (M) Mary, wife of James Tickner , was indicted for stealing two linen shifts, value 3 s. two childrens shirts, value 2 s. five white linnen aprons, value 5 s. four linnen handkerchiefs, two linnen caps, thirteen linnen clouts, and two silver tea-spoons , the property of Mary Dunning , September 2 ..~
Q. Where do you live?
Q. What time did you go out?
M. Dunning. I went out abot ten in the forenoon.
Q. Did you know the prisoner at the bar before?
M. Dunning. She was a neighbour, I know nothing of her taking them.
Mary Deschampes . I was enquiring about the prosecutrix's things, a neighbour said she believed she could tell me who took the things. She took me a back-way to the prisoner's apartment. I said to her, Have you seen any body go a back-way to Mrs. Dunning's, she has lost a good many things? She said, She was very sorry to hear it, she had not seen any body go that way. I looked into a room belonging to the prisoner, there I saw such cloaths hanging.
Q. Did any body else live in that house besides the prisoner?
M. Deschampes. No, there was nobody else, and I saw the things, like the other things that are missing, taken out of the prisoner's drawers, by the woman that went with me; this was the room where the prisoner's bed is.
Q. Where is that woman that took them out?
M. Deschampes. She is not here; the prisoner wanted her to take them home to the prosecutrix; I saw the spoons lying in particular, and one apron.
M. Deschampes. None of them are here.
Q. What became of them?
M. Deschampes. We went away, and left them; and after that they were throwed over into Mrs. Dunning's yard in the evening.
Q to Prosecutrix. Where did you miss them from?
Prosecutrix. I missed them from out of my house; I found them again in my yard.
Q. What part of the yard were they found in?
Prosecutrix. They were lying loose; the prisoner's house join to my yard.
Q. Are any other peoples house's joining your yard, besides the prisoner's?
Prosecutrix. Yes there are.
Q. Whose premisses were the things lying nearest to?
Prosecutrix. They were rather nearer the prisoner's, than any other.
Q. Did they lie so that it was possible they might be thrown over from any other person's yard?
Prosecutrix. It is possible they might.
Q. to Deschampes. Are you able to say that the cloaths you saw were the prosecutrix's property?
M Deschampes. No, I am not, nor the spoons neither.
Q. How many spoons did you see?
M. Deschampes. I saw two.
Q. to Prosecutrix. How many spoons were thrown over into your yard?
Prosecutrix. There were two.
M. Deschampes. I believe the things did belong to Mrs. Dunning.
Q. What is your reason for believing it?
M. Deschampes. The prisoner herself owned she throwed the things over the pales before the justice, in my hearing.
Q. Did she say how she came by them?
M. Deschampes. No, she did not.
Q. What things did she say she threw over?
M. Deschampes. The things that I saw in her room.
I did not throw them over, nor did I own it before the justice; my husband threw them over a soon as he came home, as I lay on the bed; I have been very often at Mrs. Dunning's before this.
Mrs Dunning. So she has, and I never missed any thing to my knowledge before that, that I could lay to her charge.
Guilty 10 d.
240. (M.) Basil Francis , was indicted for stealing four silver shirt-buckles, set with a composition of paste, value 2 s. twelve gold rings, value 4 l. two silver girdle-buckles, two silver stock-buckles, seven other gold rings, set with paste, value 2 l. four metal rings, value 12 s. nineteen stay-hooks, value 3 l. six pair of silver shoe-buckles, value 6 l. and twenty-eight guineas, the property of John Perrins , in the dwelling-house of the said John , July 26 . ++
John Perrins . I am a watchmaker, on the 26th of July last my maid came to me between four and five in the morning, and told me there was a thief in my house below, and he had packed up all my watches. I got out of bed as soon as possible, and went to go down stairs in my shirt; but I returned, and put my coat, waistcoat, breeches, and shoes on. When I came down into the shop, I found several people there.
Q. Where do you live?
Perrins. I live in St. Clement's-Danes , near the church; I said, Gentlemen, you are all strangers to me, I desire you will withdraw, and turned them all out but two or three. There is a place petitioned off in the shop where I work; I opened the door, and there found the prisoner within-side. He lay with his head stooping towards the ground, across a stool; so as I could not see him by looking over. When I turned him up I knew him; he hath served part of his time with me, that is, two years and a half. I said to him, You villain, how came you here? He answered, Tom let me in. That was his fellow-apprentice. I found my nest of drawers in that closet were broke open, and a purse of gold was taken out of the drawer where I kept my money.
*** The Second Part of these Proceedings will be published in a few Days.
NUMBER VII. PART II. for the YEAR 1761.
Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.
M. DCC. LXI.
King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
Q. HOW were them drawers fastened?
Perrins. There is a door shuts up, and locks in all the drawers, with-in-side. I said, You villain, what have you done with my money that was there? I had him then by the collar. He said, I have not got it. I led him into the parlour.
Q. How much money was there?
Perrins. There were twenty-eight guineas of it. He said, You will find it in one of the drawers. I got a candle, and found it in another drawer, but not in the drawer that I left it. I looked about with the candle, and found the instrument he had brought along with him, with which he had broke the lock. I found the things in my show-glass, shoe-buckles, shirt-buckles, girdle-buckles, gold rings, and the like, tumbled about, and lay higgle de-piggiedy about, some on the shop-board, and some in the show-glass.
Q. Were any things carried out of the house?
Perrins. No, the prisoner was bound apprentice to me; and being but an indifferent one. I thought proper to turn him over to another person, about three months ago.
Q. What did he say was his intent in being let in?
Perrins. He said, Tom and he had agreed to go together to wash themselves in the river Thames: and he said, they both went down into the kitchen together, and he came up again, and said, Tom, I will go on, and wait for you at the end of Arundel-street; so he went up, and concealed himself in the shop, and he accused him with being concerned with him in the robbery. When he was in the parlour, my maid said to him, Where is the handkerchief that you packed up the things in? He said, I have never a handkerchief. She said, You have a handkerchief, it is a white one, for I saw the things in it in your hand, when I came down stairs. She took the candle, and went and looked in the closet, where he was found; and behind a clock-case she took out this night-cap: [Producing a white one] he owned it to be his night-cap; I said to him, You premeditated this robbery before you came here; you was not contented to break my drawers and take my money, but you must bring a night-cap to bag up all you could: he said, Indeed I had no intention of robbing you, but only a favourable opportunity.
Q. What had you with the prisoner when you took him apprentice?
Perrins. I had 30 l. he has been but a very indifferent boy from first to last.
Q. Whether there was an intention of his quitting your service?
Q. Was he going to part from you?
Perrins. He was, he had provided himself another master.
Q. Was there any dispute about returning some money with him?
Perrins. I did propose giving five guineas with him.
Q. Was it light or dark in your closet?
Perrins. It was dark.
Q. Did you find any thing upon the prisoner?
Perrins. No, I did not.
Q. What was the money in?
Perrins. That was in a purse.
Q. How far was the drawer (in which you found the money) from the drawer in which you left it?
Perrins. There are about eight drawers in the nest, it was the second drawer above it.
Q. Are you certain with regard to the drawer where you put your money?
Perrins. I am very certain as to that.
Q. Did you miss any money?
Perrins. I cannot say I did; if I was to be upon my oath, I could have sworn I believed there had been more.
Q. Do you know that the prisoner used to have such a night-cap as this?
Perrins. I believe he might.
Q. Is it usual to look behind clock-cases often?
Perrins. No, it is not.
Q. Then how long do you know it had been there?
Perrins. The prisoner owned it to be his; there is nobody comes into that place besides myself, without it be to clean my window, or the like.
Q. Do you know Mr. Mills?
Perrins. I do.
Q. Do you remember any thing of a Tyburn-ticket being mentioned?
Perrins. No, never in my days.
Thomas Knott . I am going into the 17th year of my age. [He gave proper answers as to the nature of an oath, after which he was sworn] The prisoner asked me whether I would go with him on Sunday morning.
Q. Did he fix any time?
Knott. No, he did not; he came between three and four o'clock.
Q. What Sunday was it?
Knott. I do not know.
Q. Was it in June or July, or what month?
Knott. It was in July, I let him in at the shop-door; we went down stairs directly into the kitchen; then we came up again; I went into the shop to dress myself; then he said he would was at the corner of Arundel-street, 'till I came to him. My shoes and coat were in the kitchen; I desired him to stay till I put them on; then I went down, and left him in the shop.
Q. How long did you stay in the kitchen?
Knott. About five minutes; I heard him, when I was below, open the door, and shut it again; but I found afterwards, he concealed himself in the shop. I put on my things, and went directly out to see for him.
Q. Did you see him that morning after this?
Q. How soon after?
Knott. I saw him about a quarter after seven.
Knott. In the parlour; he was then in custody; my master and others were with him.
Q. Whether any of the things in the shew-glass were missing?
Knott. I cannot tell, there were several sorts of goods there.
Q. Did you see them after you came home?
Knott. I did; some were in the shew-glass, and some were out; my master shewed me them in that condition; he asked me where I had been; I told him I had been out a walking; he asked me who I had been with; I told him I had appointed to go a walking with the prisoner, and so to go into the Thames to wash.
Q. How did you spend your time till a quarter after seven?
Knott. I went about a good while to see if I could find him; and when I could not find him, then I went and took a walk by myself; and when I came home, I found him in the parlour with my master.
Q. Was you before the justice when prisoner was there?
Knott. I was.
Q. What did you hear him say?
Knott. He said he did not come with an intent to do what he did, but he had an opportunity.
Q. Did he say he had taken any thing?
Q. Did he say he had an opportunity of going into that room?
Knott. I did not hear him say so.
Q. At the time when he and you had agreed to go out, what was it to do.
Ann Feild . I live servant with the prosecutor: I was not very well on that Sunday morning, the 26th of July: I came down stairs between four and five o'clock, and heard a noise in the shop. I thought it was the last witness getting up: I came down and heard a rattling; I saw a coloured coat lying on the counter.
Q. Whose coat was that?
A. Feild. I was the prisoner's: I looked over the counter, to see if the apprentice was in bed. I called Tom, he was not there. I turned myself round, and found master's little window was open, on the right hand side: that was the room where master works.
Q. Is that room always shut on nights?
A. Feild. It is; it opens into the shop: I looked in at the window, and saw a man stand double stooping down. I thought it had been the apprentice: I said, Tom, what business have you there? I spoke to him again, but had no answer: then I said, you know Tom you are a thief, and I will take care of you: then I opened the shop-door, and saw a young man standing in the church-yard; I desired him to come, and said I had got a thief in the shop. When that man came just to the outside the door, I shut it to again: then I went and called my master; master was coming down, but he turned back to put on his cloaths, then he came down and opened the closet-door, and found it was the prisoner at the bar. When I called the young man to come and help me, then the prisoner was standing at the shew-glass with a handkerchief full of things. Master said, you villain, how came you here? he said Tom let me in. Master said, I am afraid Tom and you are both rogues alike; but when he was down in the kitchen, he told my master he told Tom he would go out in the street, and Tom might come after him. I found the prisoner's shoes on the aprentice's bed; this night-cap here produced is the thing that I saw in, his hand full of things: and while I went up stairs to call my master, he turned them all out again, for some were lying on the board, and some in the shew-glass.
Q. to prosecutor. Were all the things taken out of the shew-glass?
A. Feild. The justice asked the prisoner if he intended to come to rob my master? he said no, he did not intend it; but only he saw a favourable opportunity.
Q. Was it dark or light?
A. Feild. It could not be very light.
Q. Could you distinguish any of the things be had got?
A. Feild. I could not.
Q. Was it so dark that you can not undertake to say you could distinguish whether it it was a cap or a handkerchief he had in his hand?
A. Feild. I cannot say which; he owned the cap was his.
Q. Did you ever see the things at all in that cap.
A. Feild. Yes; but I cannot tell what things they were.
Q. Did you see him put any things into it?
A. Field. No; he told my master he was going over-night to carry that cap to be washed.
I did appoint to go along with this lad into the water. I was in the house, the boy went down stairs, and I thought somebody was coming from above stairs, and I knowing my master to be a very rigid man, pulled off my shoes, and went in at the window into the closet, to get out of his way, that he should not see me, knowing I had no business there. There had been some painting at my master's door, and I put this screw-driver into my pocket, to fasten a stick to it, that the point should not damage my cloaths, and did not think to take it out again. I had that cap in my pocket, going with it to be washed at my mother's, on the Saturday night; but did not leave it.
For the Prisoner.
Cha. Maxey. I have known the prisoner ever since he was with the prosecutor at first. I was apprentice there at the same time.
Q. How long is that ago?
Maxey. It is about three years ago.
Q. How did he behave then?
Maxey. He behaved himself very well: I never saw any thing by him but what was honest, and I look upon him as a honest lad.
Mr. Gibbs. The prisoner at the bar has been with me about three months: he behaved himself very well, and very honestly.
Q. What are you?
Gibbs. I am a watch-maker: I have things of value equal with his master. His master was genteel enough to give me the character of an honest lad with him: I in particular asked him, if the lad was honest? as to his other complaints, I did not pay any regard to them. I should have bound the lad the Tuesday after this thing happened, as he served me diligently.
Esther Slee . I was servant to Mr. Perrins two years. I never heard any complaints of the prisoner as to dishonesty, the time I lived there; he always minded his church twice a day, and he would take a good book and read in the winter evenings. I never saw any thing by him but that of a well disposed lad.
Mr. Moody. I have known him about a year and half: he always behaved like an honest lad, and bore a good character.
Guilty 39 s.
241. (M.) Jane Shaw , Eleanor Allen , and Eliz Garret , spinsters , were indicted for stealing one brown coat, value 3 s. one iron tobacco-box, value one penny, one pair of brass buckles, value 2 d. and one perriwig, value 12 d. the property of Edmund Rant , Aug. 3 .~
Ann Maddox . The prosecutor is a lunatick: all I is, I bought this coat [produced in court] and a pair of brass buckles, and I know he had an iron tobacco-box. He has been in Bedlem two or three years at a time.
Mary Hawley , I went into the fields to wash my gown, and Eleanor Allen was with me. I having daggled it after I washed it, I laid it down to dry. Shaw came and brought a man with her. She borrowed a penny of me. She gave Allen, who was there also, a pair of brass buckles.
Q. When was this?
Q. What man was it?
A. Maddox. I do not know the man.
Q. Look at that man [directing her to Rant.
M. Hawley. That is the man: he pulled off his cloaths, and laid them down by him. Shaw took my apron, and tied his coat up in it, and carried it into Field-lane to sell it.
Q. Had you ever seen that man before?
M. Hawley. No, I had not.
Q. Did the prisoner seem to know him?
M. Hawley. No, they thought he was drunk.
Q. Did he say any thing to them, when Shaw took his coat.
M. Hawley. No, he only said, give me my equipage. I went after Shaw, to Field-lane, to the door where she went in, the people did not chuse to buy it, then she went and pawned it for 3 s. 6 d. and fetched out a new checque-apron with part of the money.
Q. Where did she pawn it?
M. Hawley. At Cow-cross, to Mr. Masters. She gave me the box that was in the coat-pocket: the perriwig she put upon a bush, and somebody took it away. She gave one buckle to Garret, and the other to Allen: she would have given me a groat, but I would not take it. The other two prisoners had no share of the money.
Q. Did the man make any resistance?
M. Hawley. No, he was not able.
Mr. Masters. I am a pawnbroker, and live in Cow-cross. I lent Shaw 3 s. 6 d. on this coat here produced. She told me she brought it from one Mr. Knight, and she redeemed a checque apron at the same time, that lay for 18 d.
Rant was set up, but not sworn.
Q. Do you know what these women did to you?
Rant. I attribute it to downright madness.
Q. Doing what?
Rant. Their doing.
Q. Do you know that lady ( meaning Mrs. Maddox)
Rant. I know her, I lodge there.
Q. How came she to take care of you?
Rant. By my inquiry.
Q. Who pays for your lodging?
Rant. I am responsible in the watch-making to my obligations.
Rant. Seven or eight shillings.
Q. Do you know what it is to take an oath?
Q. Do you know what will be the consequence if you take a false oath?
Rant. The production of money, find money.
Q. Do you know what obligation you are under when you take an oath?
Rant. Nothing but a fine, as the law shall demand.
I was going across the fields, and picked up a pair of shoes; a man came to me, and he had none to his feet; I gave them to him. I went farther, and picked up a coat, and said to Elizabeth Garret , we have found a coat, if any body asks for it we will give it to them. Then I went to Mr. Masters, where my father and mother pawn things; I pawned it for 3 s. 6 d. Mary Hawley went along with me; she had half the money, but 3 d. I had 1 s. 9 d. and she 15 d. We had two pints of beer. Then she went to the justice's, and forswore herself, and made her escape three times from the keeper of New-Prison.
I know nothing of it.
Shaw Guilty 10 d .
Allen and Garret Acquitted .
242. (M) Ann Harrison , otherwise Johnson, otherwise Williamson , widow , was indicted for stealing four silver spoons, value 50 s. the property of John Elderton , in the dwelling-house of the said John , July 5 ..~
Johanna Elderton . The prisoner at the bar came on the 7th of July to my house, and asked for Mr. Elderton; the servant that went to the door said, her master was not at home. The prisoner said, he had himself appointed to be at home at two o'clock, and she wondered he was not in the way; upon which the servant left her at the door, while she came up to ask me if I knew any thing about it. I came down stairs immediately with the maid, and met the prisoner at the foot of the stairs, at the back-parlour door; there she repeated the same to me, of Mr. Elderton's having appointed to be at home at two o'clock. I pressed her with all the civility I could, to go into the parlour, and they till he came home. She then made a very different appearance from what she does now, being well dressed. I took my watch out, and said, it wanted but about a quarter of an hour to the time appointed, desired she would stay that quarter of an hour, and said he would be punctual to his appointment. She said, she could not possibly stay, and behaved with a great deal of civility, and took her leave in haste; and said, she would go a little farther, and would be back by a quarter after two; she said her name was Williamson, and came from Twickenham; and if I pleased to tell Mr. Elderton that, he would know her business. About half an hour after she was gone, my servant going to see for some spoons in a beaufet in the parlour, there were five large table-spoons missing; and as no other person had been in the house, we suspected her. The servant that let her in, hearing the spoons enquired for, came up in fright, and said, she hoped the prisoner was not a cheat, for she saw her coming out of the back-parlour.
Q. Which parlour were the spoons missing from?
J. Elderton. From the fore parlour; but there was a communication between the two parlours. When Mr. Elderton came home, he went immediately to justice Fielding, with a description of the prisoner; desiring, if she was brought there, he might be sent for. On the Thursday se'nnight following, she was brought before him for another offence; and he sent, desiring we would attend there the next morning, for he imagined he had got the person. My servant and I went accordingly. The minute I saw the prisoner, I said that was the person. She came up to me. I asked her what she had done with my spoons. She said she had taken them, and begged forgiveness; she said she had sold them to Mr. Peirce, a silver-smith, in Newgate-street, immediately after she took them. I went and found them accordingly. Mr. Fielding sent for Mr. Peirce, who came, and said, he bought four of them of the prisoner that very same day, for 46 s. or 47 s. She owned she sold them to him. I was there a second time, and then I asked her what she had done with the other spoon, I having lost five. She said she might have lost it, or dropped it in her fright.
Q. When had you seen them last?
J. Elderton. I had the evening before locked the door, and counted the spoons, as I usually did.
are the letters J. J. upon them.
Hannah Rainsford . I am servant to the prosecutor, we live in Featherstone-buildings, Holbourn; the prisoner knocked at our door on the 7th of July, and asked if my master was at home; I told her he was not; she said she was surprized at that, as he had appointed her to come at two o'clock. I told her if she pleased to stop at the street-door, I would go up stairs to my mistress, and ask her about it. I did, and upon coming down again, I saw her coming out of the back-parlour. She met my mistress at the foot of the stairs. We had no mistrust she was such a sort of a person then, seeing her so well dressed. She told my mistress, that master had appointed her to be at home at two o'clock, and was surprized he was not at home at the time. She said her name was Williamson, and came from Twickenham, and said she would call again in half an hour's time. In about half an hour after my fellow-servant missed the spoons; there had been nobody in the house, but the prisoner; I had seen the spoons myself that same morning, about an hour before.
Q. Did you shut the street-door, when you left her there to go up to your mistress?
H. Rainsford. No, I did not.
Q. Where were the spoons when you saw them last?
H. Rainsford. They were in the beaufet in the fore-parlour; when I heard the spoons were missing. I ran up stairs, and said to mistress, I hoped that woman was not a cheat. About a week after she was taken up, and carried before justice Fielding, and in my hearing there, she confessed she had taken five spoons from Mr. Elderton's, and sold them to Mr. Peirce, for 46 s.
Q. Did she say where she took them from?
H. Rainsford. No, she did not give a particular account of that. I was before the justice a second time, then she owned she had taken them, and asked my mistress pardon. There were four spoons found at Mr. Peirce's; she was asked after the other spoon; she said she might have lost it in her hurry; she had taken five, but really did not know what she had done with the other.
Q. How are the two parlours situated?
H. Rainsford. There is a communication between them, and the door between them was not locked.
Q. to Mrs. Elderton. Did you lock the beaufet over-night?
Mrs. Elderton. I did, and had given the key to the last witness in the morning.
H. Rainsford. I had unlocked the door to the beaufet about seven o'clock.
John Peirce . I am a silversmith, and live in Newgate-street; on the 7th of July the prisoner at the bar came and sold me these 4 table spoons; she was well dressed, and I had no reason to suspect them to have been stolen. They weighed eight ounces, and four penny-weights; I gave her 5 s. and 8 d. an ounce, at which they came to 2 l. 6 s. 6 d. these are the spoons here produced, I asked her her name; she said her name was Williamson. Here is J. J. and the W. on the top, answering to the name she had given me. I was afterwards at Mr. Fielding's, and she was asked there, if she knew me; she said, yes, my name was Peirce, and I was the person that she sold the spoons to.
Q. What time of the day did you buy them?
Peirce. I believe it was about three o'clock, or half an hour after, in the afternoon.
I have a great deal to say, but the awefulness of the place, and the crime that I am charged with, and the horrors of the place I came from, amazes me a great deal; the crime especially, is so hateful to my nature, that I have not acquainted any body belonging to me about it. It is unavoidable troubles and losses, that has occasioned it. Please to let this paper be read. [It is delivered in, and read, to this purport.]
"As a woman unused to speak, and more
"especially on an occasion such as this, I take
"the liberty of addressing my judges in writing.
"Not by way of defence, for from thence I
"have but little hopes, but from their humanity
"I expect much. I would thus beg permission
"to state my case, which is peculiarly unhappy.
"I am myself a widow. I have a mother, an
"aged, helpless mother, who is also a widow,
"and a daughter nearly as helpless as she is,
"to provide for. I was genteely born and
"educated; so was my mother; she through
"age is incapable of providing for herself; I
"and my daughter are incapable of procuring
"a livelihood in a laborious manner. I have
"by various means endeavoured to acquire a
"support in an honest manner, agreeable to my
"abilities, for myself, and for them, who are
"an aged mother, and an helpless, fatherless
"infant, dependant on me, and in
"danger of starving through want of the
"common necessaries of life, induced me to act
"in a manner unbecoming my birth and education.
"As it was distress alone, and not vicious
"inclinations, that forced me to pursue those
"measures, which I sincerely repent of; so, I
"hope, the humanity of my judges will stand
"between me and that condign punishment I
"have unhappily, too justly merited."
Guilty 39 s.
243. (M) She was a second time indicted, by the name of Ann Harrison , otherwise Johnson, otherwise Williamson, widow, for stealing one mahogany tea-chest, two tin-cannisters, and one sugar cannister, value 1 l. 1 s. ten ounces of tea, value 10 s. six China-plates, value 5 s. 6 d. two China pint-basons, value 3 s. and one China sugar-dish and cover, value 1 s. 6 d. the property of William Methuen , in the dwelling-house of the said William , July 16 .
William Methuen . I live in New-court, Carey-street , in the parish of St. Clement's-danes; the prisoner came to me divers times, under pretence that she was recommended to me to sell an annuity for her mother's life; she came very frequently, but never would give me any satisfactory evidence or proof, that her mother had any such annuity to sell; nor would she ever let me see her mother; and it was impossible I could treat with her for an annuity without that. Thus by this means she got admittance into my dining-room, and drawed enough out of Mrs. Methuen, of me and my affairs, to give so particular an account to my servant in our absence, as to get admittance in that dining-room in our absence. All I know of the present affair is, to swear to the goods found upon her, that they are my property. I was in the Isle of Wight at the time. [The goods produced in court.] These are my property; the china I bought myself.
Q. Can you swear to the tea?
Methuen. I think I can safely; the key of the tea chest was, at the time of taking it, in my custody; it is an extream good lock, and a very difficult matter to open it It was locked when taken from her, and I found it locked; Mr. Fielding tried by several keys to get it open, and could not. The cabinet-maker told me, the lock is worth the price of some chests. It was found in the custody of the constable, who will give an account of it. I had put the tea into into the cannister myself about a month before it was taken away. I went to enquire the prisoner's character, (as her account of herself was as the contents of the paper read in the other trial) hoping she was an object of charity; I found the mother was dead, and her daughter I saw, but not as she represents.
Hannah Wordsworth . I am servant to the prosecutor: in July last, the prisoner came to my master's house and rang at the bell: I was alone in the house; I went to the door. She asked if my master was at home. I said he was not; she asked when I expected him: I said I did not know; he was then in the Isle of Wight. She said she was very sorry he was from home: she said, she had been an acquaintance of Mrs. Methuen's this 20 years; she had walked from the Tower, on purpose to see her, and was very ill, and did not like to ride thro' the streets. I asked her to walk into the gentlemen's office; she did not chuse it; then I said, please to walk into the dining-room. I went with her into my mistress's room, and then into the dining-room. She asked me, if my master was recovered (he having had a sit of illness.) I said he was: she said you are not the maid that was here when I was here before, I will not detain you from your business: she told me a great deal about my master's family: she said, she would rest herself a little, and then go home again. She was very well dressed, and behaved extreamly well then. As soon as I went down stairs, my own heart checked me; thinks I, if you are not a stranger to my master, you are to me. I went, and stood near the stair-foot, and thought I heard the china rattle: I believe I stood and listened 10 minutes in such confusion, I did not know what to do: at last, the bell rang at the door, I went and opened the door; it was a poor woman that cleans my master's shoes. She observed me to tremble very much, and asked what was the matter. I told her, I had a stranger up stairs, that says she was acquainted with master and mistress, and I am frightned, fearing she should be a cheat. I desired her to sit in the gentlemen's office; then I went up, and saw her with both her hands under her petticoats, and they seemed to be of a greater bulk than before. I trembled so, that I could not lay hands upon her. Said she, give my service to Mr. and Mrs. Methuen, and tell them
Q. Where were the things taken from?
H. Wordsworth. They were in the dining-room when I let the woman in.
Q. Where was it first opened?
Bentley. It was first opened at my house. Mr. Methuen opened it, to weigh the tea, about a week ago; there were 10 ounces of it: the prisoner owned before justice Fielding that she had taken these things from out of Mr. Methuen's house, and said the D - l bewitched her, and she had an antient mother to maintain, and she thought to get a few shillings.
Thomas Hudson . I hppened to be going by the prosecutor's door, the old wman was siting at the door; she said Mr. Methuen's maid had had a thief there, and said she is ran that way. Said I, if I run too, I do not know the woman, but I will take care of the door. Presently the servant came, leading a woman, and had a tea-chest in her hand.
Q. When was this?
Hudson. This was on the 16th of July. As soon as she saw me, she said, Mr. Hudson, I am glad to see you; I have got the tea-chest, but she has robbed me of the plates; I took hold of the tea-chest, and she and I put our hands upon her, and heard the plates rattle. She took the plates from her by untying them; they were tied some how under her petticoats: she gave them to me. The mob began to come upon her, this was at the door. Said I, we will go in: we went in, and I saw the two china cups taken from her pockets: after we went in, she begged we would let her go, and said the D - I bewitched her to do those things. We said it was not in our power; a constable was sent for, we took her to justice Fielding; there she said she was very sorry for it, and the D - I bewitched her to do it.
Prisoner. I do not remember any cups.
Hudson. They were cups or pint-basons, I saw also a sugar-dish taken from her pocket.
My Lord, I cannot justify it, I abhor it. I was led into it by distraction and necessity, one after another: I did not expect my prosecutor would have represented the affair in the light he has; for about a year and half ago, I went to him to get him to advance a sum of money on an annuity; he kept me in suspence about six months: he never desired to see my mother, and said there was no occasion for it, till the money, was in his hands. I have fell into such a change of life; my mother is living, to my great sorrow, sick in bed, and dying with grief; as to my daughter, she is as helpless as a child of six years old. We always lived in fashion till a wretched affair of law, an unavoidable accident happened, Was you truly to to trace my case,
Guilty 39 s.
244 (M.) Ann Burton , and Eleanor Dillon , spinsters , were indicted, the first, for stealing one silver watch, value 4 l. and one gold ring, value 10 s. the property of James Flannagan , privately and secretly from his person , and the other for receiving the same, well knowing them to have been stolen , Aug. 4 .*
James Flannagan. I happened to go out about my business, on the 4th of August in the morning, to order some coals in. I happened to meet with some acquaintance, and happened to stay some time longer than ordinary. I went also to got oget some wood in, and happened to come into the street where mother Alien keeps this house; I coming by the door, happened to come into this house.
Q. Where is this house?
James Flannagan . It is in Gerrard street, by Golden-square . I went to order some wood in Princess-street, then in Long-acre; and coming from this street, happened to get into this house; and when I came to the door, I knocked at the door. Says Mrs. Allen, do not let the man in; says Nancy Burton , I know the man very well. When I got into the house, they pushed me to the end of the stairs.
Q. Who did that?
Q. What do you imagine they did to you?
Flannagan. They only pushed me up to the stairs.
Q. What did they do after that?
Flannagan. They pushed me into the parlour.
Q. What was done there?
Q. Do you mean the maid-servant of the house?
Flannagan. Yes; I was not there long, before Nancy Burton took me out of the house; but we happened to sit down in the parlour window together. Burton carried me to the corner of Queen-street, about 30 yard off. I happened to have occasion to turn about to do what I had occasion for (that is, I made water.) She directly dropped me, and returned back, and knocked at this mother Allen's door, where we came out at. I followed her; mother Allen leaned over the hatch. Said I, you old wretch, let me in, I have been robbed of my watch, give it me? Go along fellow, said she, you never was here.
Q. Did you charge any body particularly with taking it?
Q. Was you drunk?
Flannagan. I was not so fuddled as that, but I know I had my watch and ring, when I went into that whore's house, and I missed my watch directly. I mistrusted directly when I missed Nancy Burton , then I missed my watch and ring directly at the corner of Queen-street.
Q. Did you know this was a house of bad same?
Flannagan. I did. After this I went to justice Fielding.
Q. How long after?
Flannagan. About two days after, I desired them to deliver the watch, and they would not; and I was obliged to go to the justice.
Q. Who did you go to, to demand your watch?
Flannagan. To Nancy Burton , I went to nobody else. But this Charlotte, they two, and mother Allen, were all about me. Allen and Charlotte were cleared, and the girl that went out with me, was sent to jail; as to what past among themselves, I cannot say, evidence is to prove that.
Q. Did you ever see your watch again?
Flannagan. The constable has that, they all three before the justice deny'd knowing any thing of the watch; and laid it on a poor girl, one Bell. Mrs. Allen, told the justice, that I brought a creature into her house, that had not so much nose upon her face, as would make a two-penny mark. I told Mr. Fielding, I had nobody along with me; one Mrs. Eaton, that lives near the lady, happened to see me go in, and said, God help that poor man, if he has any thing in his pocket, he will be sure to be robbed of it. Said Mr. Fielding, bring your evidence in the afternoon, and let them bring theirs.
Q. How came you by your watch again?
Flannagan. I got it at Mr. Fielding's, the constable delivered it to me.
Q. When was this?
Flannagan. This was the 4th of August.
Q. What time of the day?
Flannagan. It was between four and five when I came into Gerrard street.
Q. Had you been drinking?
Flannagan. I had drank a little.
Q. Was you sober at that time?
Flannagan. I cannot say that I was very sober; but capable of knowing what I did.
Q. What kind of a ring was it?
Flannagan. A gold ring.
Q. What sort of a watch?
Flannagan. A silver watch, I had it when I went in there.
Q. How do you know that?
Flannagan. Because I had my ring.
Q. Did you make any observation at going in, that you had your watch?
Flannagan. No, I did not; but I had my ring on my little finger, and I missed the ring as soon as I came out.
Q. Can you say who took the ring from your finger?
Flannagan. I cannot swear that.
Q. Could it be taken from your finger, and you not know the time when it was taken?
Flannagan. Yes, Sir, it was very easy to be taken off.
Q. Are you certain that you went to Allen's house at all?
Flannagan. Yes, I am certain I was there.
Q. Had you not been with her no time that day?
Q. Have you seen her to-day?
Flannagan. I have.
Flannagan. Here in the yard.
Q. Was you at the King's-head in Marybone-street?
Q. Did you charge any other person with taking your things?
Q. Do you know Mrs. Holt?
Flannagan. I do; she lives opposite to me.
Flannagan. I went to her house about the hour of five, after I had lost my watch; but did not charge her with stealing it. I said, I had lost my watch, but not that I lost it in her house. I told her Nanny Burton had robbed me of my watch and ring; but my wife finding me there, for she came over, and a woman may say something a in passion; but I never said Mrs. Holt robbed me.
Flannagan. No, I never was. I went to her to New Prison.
Flannagan. Yes, she confessed that at justice Fielding's. She said, I gave the watch out of my pocket, and the ring from my finger, to her.
Q. What did you say to her, when you saw her in New Prison, after this?
Flannagan. Nothing at all.
Q. Did you not tell her, that by such a confession, she was liable to be hanged?
Flannagan. No, sir, I scorn to be guilty of such a thing.
Q. Did you not tell her, it would be much better for her to give evidence against the two prisoners, in order to save herself?
Flannagan. No, no, no, sir.
Q. For what purpose did you knock at Mrs. Allen's door?
Flannagan. I had no business with her, nor she with me. I suppose I went there to be robbed.
Q. Upon your oath, for what purpose did you go there?
Flannagan. Justice Fielding did, but I said, I had never seen her in my life.
Q. Why did you not vindicate her?
Flannagan. She had pawned the watch,
Mary Eaton . I live in the street where Mrs. Allen lives, over-against her. On the 4th of July or August, about five in the afternoon, I saw the prosecutor resting himself over a post by my door, he was in liquor, he crost the way to Mrs. Allen's door. Somebody said, shut the door; it was shut. A few minutes after, they let him in. He went and sat down in the parlour, with his back towards us. Immediately the girls got about him, and jostled him about theAnn Burton went out, and the prosecutor followed her, and went to the right-hand corner of the street. She soon left him, and in a few minutes after, he returned, and called to Mrs. Allen, and said, he had been robbed of his watch and ring, Allen said, go along, you drunken dirty fellow, you have not been in my house. Hearing this, made me take the man's part.
Mary Heather . I was coming along on Friday, about a quarter after five, and saw Eleanor Dillan , at a publick-house door; we had a pint of beer together. She shewed me a watch, and said, she was going to pawn it. I went with her to the pawnbroker, and he stopped it, and the ring was left for 2 s. in my name. She desired me to tell the pawnbroker, the watch was my master's, because I was cleaner dressed than she was. The gentleman would not take the watch. Then she said, she would sell it to a Jew. So I carried it home, and shewed it to an acquaintance of mine, one Joseph Radnal , and said, I had it of Dillan. He said, she did not come honestly by it, and he would keep it till it was advertized; and if not, would advertize it himself. I said the man gave it me; Dillan bid me say so, and then they would be both cleared, and she would allow me a shilling a day in jail.
Richard Gray . I had a search-warrant, to search Allen's house, and likewise to take up those people. I found nothing, I brought Allen, Burton, and another woman, to justice Fielding, another person brought Dillan there. Then Dillan told where the things were in pawn. I went by her direction, and found the ring, pawned for 3 s. Then I went with Dillan, and found Heather. I then went, by Heather's directions, to a baker; I think his name is Radnal, just turning into Long-acre, he came and delivered the watch to Heather, in the coach. She was committed on suspicion of stealing the watch. On her second examination, she said, she had the watch and ring of the prisoner Dillan.
Both acquitted .
Q. In what capacity?
Potts. As a sorter
Q. Have you several houses about town, that receives letters for the office?
Potts We have.
Q. Have you one in Coventry-street?
Potts. We have; there is a person that collects all, receives bags, and brings them to our office.
Q. May it not happen, that these letters might come into the prisoner's hands.
Potts. It might naturally happen so.
Q. When a letter is put into that office in Coventry-street, do you consider it, as put into your own office in Lombard-street?
Potts. Yes, we do, as much as if put into that.
Q. Must those people in that situation the prisoner is in, have all the letters come thro' their hands?
Potts. They might not all fall into the prisoner's hands; this particular letter might fall into his hand.
Q. Can you tell that it did?
Potts. No, I cannot; there are several of them, and they take them away to sort them. The prisoner might come by this letter after it was sorted.
Lewis Combecrose . I put a letter into an office, in Coventry-street, directed to Mrs. Sherlong, (be produced a letter) this is it, there was a guinea sealed up in it. I went to Mr. Lloyd, in Coventry-street, and he sealed it up for me, after the guinea was in it; and he was by when I put it into the office.
Q. Is there any mention in the letter of a guinea being sent.
Lewis Combecrose . There is; Mrs. Sherlong's husband was gone abroad, and desired me to send her a guinea, which I did, and desired an answer by the next post; but I never received an answer to it. But I wrote to her afterwards, and she sent word she had not received any letter, nor guinea neither. [The letter read in court, dated December 31, 1761.] These words part of it, [I have sent inclosed a guinea] Directed to Mrs. Sherlong, &c. Portsmouth-point, or elsewhere.
John Lloyd . I was along with Mr. Combecrose, when he put the guinea into the letter, I saw it enclosed; my father sealed the letter, and I saw him put it in the Post-office, opposite where I live, in Coventry-street. (He looks at
David Wishart . I live at the Post-office, Coventry-street. I receive the letters that are brought in there, and make up the bag, and seal it, every night at nine o'clock; a man comes from the office in Lombard street, on purpose to collect them, to carry them there; I constantly do send them so.
Q. Do you know a letter that came from your office?
Wishart. I do, for if they came from my office, there is the initial letters of my name upon them all.
Q. Look at this letter. (He takes it in his hand.]
Wishart. This has the initial letters of my name upon it. This I sent with others sealed up as usual to the Post-office, by one that is imployed on purpose to fetch them.
Q. What are you?
Oxleade. I belong to the Post office.
Q. Where was the prisoner at that time?
Oxleade. I believe he was committed to Newgate, by justice Fielding. I went with an order from Mr. Carrington, to his wife, for her to let me (the bearer) search his drawers. I told his wife the affair, and shewed her the note from her husband. She began to search a bureau in the kitchen, and said, she had not the key of the upper part of it; but we searched all the other drawers. She then went up stairs, and shewed us every drawer and place above; we found nothing; she said, she was very sure there were no letters at her house. I said, it was very material to break the upper part of the bureau. She said, her husband had the key of it. A person with me told her, her husband said, she had the key. She said, she had a key that would unlock it sometimes, but at that time it would not; and said, I was very welcome to break it open if I pleased. She took up a pair of scissars, and tried to pick the lock. I pulled out a bunch of keys, I had in my pocket, and with one I opened the lock. As soon as it was open, I saw a great number of letters lying, and among them, I found this letter here produced. I marked the initial letters of my name upon it, ( Here they are.)
Q. In what situation was it?
Oxleade. It was open as it is now. I put this and others in a handkerchief, and carried them to Mr. Potts, in Pall-mall, and there Mr. Potts and I looked them over, and found this, and several others, had had money inclosed in them; it never was out of my custody till now, from the time I took it out of the bureau.
Q. How can you tell it appears to have money in it?
Oxleade. It mentions to have money in it in the letter, a guinea.
Q. Are your certain there was no money in it, when you found it in the bureau?
Oxleade. I am certain there was not any.
Q. Who were by at the time?
Oxleade. There were two people, Mr. Wright and Mr. Griffin.
Q. What was the purport of the note you carried with you?
Oxleade. The note was, Mrs. Carrington, let the bearers search my drawers, as I have the misfortune to be in custody.
Q. to Mr. Potts. Did he say what part of the drawers?
Mr. Potts. It was mentioned to Mr. Fielding, that his house should be searched. Mr. Fielding said, he could give an order for it; but if Mr. Carrington would do it voluntary, it would be best. Mr. Carrington said, with all my heart; and he appeared so little concerned in his condition, that one would imagine he was innocent. He sent a note to his wife, desiring she would let those people examine his drawers. We said, Mr. Carrington, will you not send your keys. He said, I have no keys, my wife has all of them.
Q. Did he make any scruple at all about it?
Mr. Potts. No, he made none at all.
Q. Did he send the key of the upper part of his bureau?
Mr. Potts. No, he did not.
William Griffin . I was in company with Mr. Oxleade, and Mr. Wright, at the searching the bureau; I saw it opened by one of Mr. Oxleade's keys; there I saw a great number of letters, I cannot tell the quantity. Mr. Oxleade took them out, and tied them up in a handkerchief, and brought them away.
Q. Did his wife assist in the opening the upper part of the bureau?
Griffin. She did attempt to open it, and desired us to break it open.
John Wright . I was at the searching the prisoner's lodgings; I saw the bureau opened, and a great quantity of letters taken out.
Q. Whether those letters you receive from Mr. Wishart's office you carry instantly to the Post-office?
Pecup. Mr. Wishart has a seal with the two first letters of his name; before I take the bag, it is sealed with it. I have 11 Receiving-offices. I give the bags to the receiver, and then I have authority to cut them open; and 'till that is done, I have no authority to open them. I carry all to the Post-office, and never concealed any bag. The letters that might come into Mr. Carrington's hands, are those. Mr. Wishart puts the letters that are paid, with the money, into a piece of paper in the bag; and when I cut them open on a bye-night, I throw them over for Mr. Carrington to open the paper, if he was on duty that night, to see if they agree with the receiver's accounts. The letters that are not paid for, are emptied, to be stamped; the others are put separate, and the money with them. The person that sorts them, tosses them over the table to the person that takes them in at the window. Carrington was a person at the window at the time. The person at the window is a sorter.
Q. Was you employed in December last to carry in letters from the office in Coventry-street?
Pecup. I was, I am sure of that, the whole month; but cannot tell whether Carrington was upon duty the night I carried this letter.
Mr. Potts. Carrington certainly was upon duty, because there is his hand-writing that morning; and he could have no leave to be absent, without leave from me; he would have run the risque of being suspended, was he to be away.
Q. Look at the superscription; suppose that letter had been carried to Portsmouth, would it have had a farther mark upon it?
Mr. Potts. It would have had the stamp of the day of the month upon it.
Q. Is that stamp upon it now?
Mr. Potts. No, it is not; we put the stamp of the day of the month upon every letter.
Q. In the course of the vast hurry of business, where the stamper stamps very fast, does not the stamp sometimes miss the impression?
Mr. Potts. It may; here is not the least appearance of a stamp upon this.
Q. Whether it does not happen sometimes that letters are not touched at all?
Mr. Potts. It does happen sometimes.
Q. What was the prisoner's character in the office?
Mr. Potts. I never heard he was dishonest before this affair; but his character was between idle, and given to liquors.
Q. Did he hear the character of a honest man before this?
Mr. Potts. I cannot say he did, for he has been a suspected person for a year past, and has been watched.
Q. Is it customary, in this case, where you have an officer that you suspect, to dismiss him?
Mr. Potts. No, not till we have a sufficient proof that he is a dishonest person. There was a case where his honesty was called in question; but it was not clear, so as to discharge him; since that he has been very narrowly watched.
Q. to Oxlede. Where are the other letters you took from the prisoner's bureau?
Oxlede. They are at the Post-office, I have one of them here. [ Producing it.]
Q. to Mr. Potts. Look at this other letter; if this letter had gone out of your office, would it not have a stamp upon it?
Mr. Potts. This should have gone to Spithead; Carrington received the money himself; the figures appear like his hand-writing; they are marked afterwards; but this has no stamps upon it. This letter certainly never went out of his hands, after he received the money for it. It would have had two stamps on it, had it gone out of our office; one on the back, and the other on the front; the paid stamp, and the other.
Q. to Oxlede. Where had you this letter?
Oxlede. I had this with the others out of his bureau.
Q. to Mr. Potts. Whether you really believe the first letter was ever sent out of the Post-office?
Mr. Potts. I really think it never did go.
The prisoner said nothing in his defence.
For the Prisoner.
Kendall Marchant. I have known the prisoner ever since he has been in the Post-office; I have belonged to the Post-office longer than he; I never suspected the least affair of him, 'till this affair happened; his general character has been that of an honest man.
Q. What is your employ at the office?
Jacob Jackson . I have known him about nine years, during which time his character always appeared to me to be very honest; I have heard his character was suspected, and was enquired into, but nothing appeared; and I have been told, he has been very diligently inspected into since that time.
Q. What are you?
Haines. I belong to the Post-office, the prisoner always bore a very honest character.
Mr. Mason. I have known him about five years and a half; his behaviour has always been very well; I have had dealings with him, he always paid me very honestly, and has the character of an honest man.
Edward Curcher . I saw the first beginning of the quarrel between the deceased and the prisoner, on the 17th of August, at a place called Ayre's-court, in the parish of Kengsinton . There was a hay-fork stood against a chandler's shop door; we were all fellow-workmen together. My fellow labourer, Thomas Theobalds , said to Philip Mills , he saw that man, pointing to the prisoner, cutting the brand mark out of that hay-fork.
Q. What was the mark?
Curcher. It was J. H. said Philips Mills, fetch the fork, let me look at it. Then the deceased said to Mills, let me look at it. Then the prisoner came up to the deceased, and asked him what business he had with his fork, and took hold of it; and the deceased struck the prisoner first. Then there were several blows passed after that on both sides. In the quarrel and struggle in taking the fork from the deceased, John Wager , the prisoner, made two pushes at him, against his belly, with the prongs of the fork; they both fell down. I think the deceased lived after that about five or six minutes.
Q. Did the deceased say any thing after the fall?
Curcher. I think he only said, he has pricked me. After the man was dead, the prisoner stood with the fork in his hand, and said, whoever came to take his part, he would serve him so.
Q. Were the prisoner and deceased acquainted before?
Curcher. I do not know that they were.
Thomas Theobalds . I was standing at the chandler's shop-door eating my dinner, on the Saturday before this thing happened (this happened on the Monday following) I saw the prisoner cutting the brand-mark out of the fork at the chandler's shop-door. As I was going to breakfast on the Monday, I saw the fork standing there; I told Mills I saw the prisoner cut the brand-mark, it was J. H. Mills said to me, fetch the fork, and let me look at it. Mills delivered it into the deceased's hands, John Wager ; the prisoner, came up, and demanded the fork. The deceased desired he might look at it. The prisoner laid hold on it, to take it from him. The deceased kept hold of it, and they had some blows between them.
Q. Which struck first?
Theohalds. I cannot tell; presently after that the prisoner said, if he did not let go the fork, he would run it in him. Soon after they both fell down, and Mills lifted the deceased up.
Q. Did you observe any thing done with the fork to Wager?
Theohalds. I did not observe any thing; the deceased walked about five yards; he was asked if he was hurt any where; he put his right-hand to his navel, and said, he has pricked me here, and fell down immediately. I called Philip Mills , and said, he is down again. Mills came, and lifted him out of the nettles, and he died immediately.
Q. Was this before the fall?
E. Parrot. It was; he gave the fork a push against Wager; I saw the hole just by the side of his belly in his shirt; the deceased sell presently after; he lived about five or six minutes after, and then died.
Q. Are you sure the fork was clear in the prisoner's hands when he did the fact?
E. Parrot. I am sure it was; Wager struck him at the same time that he made the offer with the fork. They fell both together. The deceased got up, and clapped one hand to his belly, and the other near his breast, and walked about two or three yards, fell again, and died.
Mary Smith . I saw the fork stand at the chandler's shop-door, and Thomas Theobalds took it up, and gave it to Mills; John Wager went up, and he gave it to him. Then the prisoner came to Wager, and said, it was his fork, and he had paid for it. The deceased would not let him have it, and said he should not have it; then there was a struggle between them. Wager struck the first blow. The prisoner got the fork out of the deceased's hands, during the struggle, and had it clear in his own hands, and gave a push to the deceased.
Q. Did you see the deceased strike him at the time?
M. Smith. No, I did not; the man lived about six or seven minutes, and then died; I saw the wound after this, near his navel, on his right-side.
Please you, my lord, I went up on the Monday morning to a man that I had worked with three days, and three quarters; I got my money, and went home to my quarters. I came up again in order to go to work, took my fork, and went to this small-beer shop, and left it at the door going in. This lad, Theobalds, took up the fork, and said, I saw him ( meaning me) cut the brand-mark out of it last Saturday. I have an evidence here that saw me pay for it. As I was coming out of the shop with my shirt and stockings, part of a breast of mutton, and a loin of mutton, in a handkerchief ( he saying he saw that dog cut the brand-mark out of it) this poor man that is dead and gone, laid hold of it, and took and twisted this way, and that way, as if he had been at quarter-stuff; and said, You rogue, you stole this from such a person. I never spoke to him, or knew him before. Every body will strive for their own; I stood upon my own defence; he swore he would run the fork in me. I have been 10 years in the late king's service.
Guilty of Manslaughter .
N. B. The prisoner belonged to Chelsea hospital .
248. (M) Edward Garnet , otherwise James Cox , was indicted for stealing one silver watch, value 10 l. one silver pint-mug, value 3 l. and two silver salts, value 30 s. the property of Daniel King , June 27 .~
Daniel King . I keep a publick house , the sign of the Wrestlers at Highgate ; the prisoner came to my house the 26th of June, and stay there all night; and the next day, being Saturday, he breakfasted and dined. He staid 'till about four o'clock, and we drank about two pints of cyder, and I went to the door to make water, and left him by himself. When I came in again, I found he was gone. Then I went into the chamber that was even with the kitchen where we drank. There I missed a silver pint mug, two salts, and a silver watch that was a stop-one; it was at my bed's-head. I knew he had not come out backwards, so I went into the garden, and found he had pushed through the hedge, and jumped over the ditch. The Monday se'ennight following I saw advertised for any person that had lost a silver mug, and salts, to apply to justice Welch's office. I went accordingly, and I saw this silver pint-mug, and salts [produced in court] which are my property. The prisoner was sent for from New-prison. I asked him what he had done with my watch. He said it was in his pocket, pulled it out, and gave it me. [ Produced in court.] This is my property.
Q. When had you seen these things last?
King. I had seen the plate in the room about half an hour before I missed it.
Q. Did you drink out of that mug?
King. No, it was another we drank out of.
Q. Had you any other company in the house?
King. I had no other company for an hour or two.
King. I had but one, a maid-servant, she was above stairs cleaning of the house; and had been so engaged for an hour at least, and I was with the prisoner in the kitchen.
John Hatred . I am a brick-maker, I know nothing of the prisoner's taking the things; but when he was taken before the justice, I heard him acknowledge he was guilty. At first he had accused another man. I asked him how he could bring an innocent man into the scrape, by saying that he was not in the garden; and that one Bradford put them in his pocket. Upon pressing him more closely, he owned the robbery, and confessed he himself did it.
Q. Had you made him any promise of favour, or money, in order to induce him to confess?
Hatred. No, we had not.
Stephen Chiswell . I kept the White-hart in Brooke's-market; the first time I saw the prisoner was on the 28th of June; then one Bradford and he came in and called for a pint of beer, and a serjeant came in, and seized the prisoner, and said he was a deserter from captain Nightingale's company. I being in a back-room, the prisoner came to me, and desired me to let him go out of the window. He pulled out a silver spoon, and said he was afraid they would take it from him, and desired me to let it be left in my hands. The serjeant said he would take him to his officer, at the Thistle and Crown at Charing cross. I went there to him, he called me backwards, and pulled out this pint-mug ( here produced) and desired me to lend him a trifle of money. I lent him five or seven shillings. I laid the things by and after that I went home, and there was this Bradford. He said, did not the prisoner give you such and such things? and said he thought they were not his own. I then went to Mr Welch, and told him of the things; in consequence of which it was advertised. Mr. King came to the justice's, and owned the things. I was by when the prisoner was taken before the justice, he there owned he took the things from the several places himself.
Q. to Prosecutor. What is the value of the mug?
Prosecutor. I do not know the weight of it, it cost me near 4 l. and the watch is worth 10 l.
Q to Chiswell. Was there any promise made to him of being favourable in case he would confess?
Chiswell. Mr. Welch told him there was a favourable opportunity to save himself, in case he would confess his accomplice. He answered, there was no other person with him, he did it himself. He had charged three other persons and was in divers stories at first.
I know nothing at all of the things.
Guilty Death .
James Anson . I was coming through Newgate, on the 2d of July, between eight and nine at night; I was going towards the city. I happened to be behind the prosecutor, and saw the prisoner take a handkerchief out of the prosecutor's pocket, and put it into his other hand, and put it behind him. I laid hold of the handkerchief, and also of the prisoner; and called to Mr. Gosling to stop, and asked him if he had lost his handkerchief. He saw it, and said it was his. [Produced in court, and deposed to by the prosecutor.] The prisoner was a little surprized when I took hold of him. We took him before a magistrate, there he said he found it.
I was walking along, and saw the handkerchief lying on the ground; I stooped and picked it up. A gentleman was by, I said, have you lost a handkerchief? He said, yes, and you have got it. That gentleman did not say then he saw me take it out of his pocket.
George Norton . I live in St. James's-street , the prisoner was servant to me about three weeks in May last; about ten days after she was gone I missed the goods laid in the indictment; I knowing where to find her, went to her, as she was taken up for another affair. I asked her what she had done with the things; she owned where they were pawned. I went and got a search-warrant to
Prosecutor. The prisoner quitted my service after the 25th of May.
Q. to Westery. In what name were they pawned?
I did not live with Mr. Norton 'till the 29th of May; these dishes were left me by my aunt, and my mother had them under her care, and I wanted money to buy me some things, and my mother let me have them to make money of, because she had no money to give me.
Guilty 10 d.
251. (M) Thomas Taylor , was indicted for stealing three grind-stone spindles, value 2 s. three mahogany glazers, value 2 s. one large counter-wheel, value 5 s. one hone, one iron-vice, four pair of scissars, one razor, and one iron-hammer , the property of Thomas Popjoy , September 9 .~
Thomas Popjoy . I live in St. George's, Hanover-square, I go about with a machine to grind razors, and other things; I was at Great Chelsea on the 9th of this month, and after I had put up my machine at Mr Munday's there, the prisoner was then in the yard; he staid 'till we were all absent from the place, and it was dark, then he took the whole tote of it away. [ Mentioning the things in the indictment.] Afterwards I found the frame of it broke to pieces, and throwed into a ditch. I took the prisoner up, and in searching his room in the Almoney, Westminster, I found, under the floor where he had taken up a board, a beeke-iron, a hone, four pair of scissars, and a razor [produced in court ] my property; I cannot hear of the other things.
The constable deposed to the prisoner telling them where to find what goods were found in his room; and their finding them accordingly.
I have nothing to say but what I told them, I will pay all charges.
Guilty 10 d.
Jonathan Thornton . I live at the Bell, a publick-house, in Petticoat-lane . On the 9th of July the prisoner came to my house in the afternoon, and called for a pint of beer. The boy went and took a pint silver-mug, and drawed him a pint in it. After that I did not go into the room where the prisoner was for some time, business coming on. There was but one person in that room besides the prisoner. Some time after the prisoner was gone a gentleman came in for a pint of beer. There was in the room a pewter pint-pot, left half full of beer. The prisoner went away, I do not know when, or how. Then I missed the silver mug. About the middle of the next week, a neighbour told me he saw the prisoner in Bishopsgate-street. My son ran, and soon came back again, and said he had watched him in at the Green Dragon. We got an officer, and went and took him. It being late, we put him in the Compter, and he was examined the next morning. He would not own any thing of the matter. We have not heard of the mug since.
Cardell. I am servant to Mr. Thornton; on the 9th of July the prisoner came into my master's house, and called for a pint of beer; I took a silver pint mug out of the bar, and served him. He took it out of my hand. Then I went out of the house with beer, and to get in pots; when I returned the prisoner was gone. There was only one man in the tap-room when I gave him the beer
Q. How long was you out?
Cardell. I was out I believe two hours.
John Mackminedy , July 17 .~
John Mackminedy . I keep a linnen-draper's shop at Shadwell . On the 17th of July, the two prisoners came into my shop, pretending to buy a pair of stockings; and instead of that, they took 24 yards of cheque in one piece, and two handkerchiefs, and made off. Though I did not see them take the goods, they were found upon them.
John Knightly . I live near the prosecutor, I heard him say he was robbed I saw several people running, I ran and saw a man had got hold of two handkerchiefs. I laid hold of the prisoner Brown. Then I was informed there was another, and she was run cross the way, and got up a pair of stairs. I pursued, but before I came to her, I found this piece of checque, [ Produced in court, and deposed to by the prosecutor ] she had throw'd it into an entry. Then I went and found the prisoner, that is Magloughlin, on a pair of stairs, near the checque.
Elizabeth Hughes . I live in Elbow-lane. I heard a great noise of stop thief. I saw Magloughlin, running with a piece of checque, and throw it down at the door, near a green-shop, and Mr. Knightly picked it up. I saw Elizabeth Brown running too.
The two prisoners denied knowing any thing of the things, or even ing in the prosecutor's stop.
Both Guilty .
250 (M.) Donald Campbell . was indicted for falsely forging, and counterfeiting, a certain bill of exchange, with the name Peter Dacey there unto subscribed, for the payment of one hundred pounds; and for publishing the same, with intent to defraud John Calcraft , Esq ; August 8 .*
David Roberts. On the 18th of August last, the prisoner at the bar. Donald Campbell came to Mr. Calcraft's office where I am cashier. He presented a bill of exchange, signed Peter Dacey , for payment producing one, this it it, [It is read in court to, this purport.]
Albany, May 28, 1761.
"At sight, please to pay to capt. Kenady, or
"order, one hundred pounds, for value received,
"and place the same, without farther advise, to
"the account of, Sir,
Your humble servant, Peter Dacey."
Roberts. I not seeing it indorsed, asked him his name; he told me his name was capt. Kennedy. On observing farther, that the body of the bill was for one hundred pounds only, and the margin in figures was 200 l. I asked him what sum the bill was for; he told me the bill was for 200 l. for he had given the value to capt. D'Arcy in America, for that sum. I told him, I could pay no more than one hundred pounds, as the body of the bill was for no more than that sum. He desired me then, if I could pay him only the 100 l. to give him a memorandum, that I had paid him only that sum, that he might recover the remainder of captain D'Arcy. Upon looking upon the name of Peter Dacey in the bill, I suspected it to have been forged.
Q. Did he mention the christian name?
Roberts. I do not remember that he did, but said, he was capt. D'Arcy, aid de camp to general Amhurst. I took no notice to him of my suspicion, but told him, if he would come the next day, at 10 o'clock in the morning, I could give him an answer, whether the bill could be paid or not, having not leisure then to examine capt. D'Arcy's accounts.
Q. Have you ever paid bills of capt. D'Arcy's?
Roberts. I have. I shewed the bill to Mr. Meyrick, Mr. Calcraft's first clerk, who confirmed me in my suspicion of its being forged. When the prisoner came at 10 o'clock the next day, then Mr. Meyrick took him into custody. I was not present when he came in that time. I was with him before the justice, he then personated capt. Quinton Kennedy , of the 17th regiment, but could not tell his colonel's name, and said, he was just arrived from America. Upon observing to him, that capt. Kennedy was in the Cherokee country, and that his passage must be very quick from America, he insisted upon it, he was captain Quinton Kennedy; he held us near two hours, and at last, he admitted he was lieutenant Donald Campbell , of the 42d Highland regiment, and that he had forged that bill.
Q. Did he say so?
Roberts. He said that bill was drawn by him? he desired Mr. Meyrick and I to withdraw a little from the magistrate; and then said, he was not captain Kennedy, but that he was lieutenant Donald Campbell .
Q. Was any thing said to him to induce him to give this account?
Q. Is capt. D'Arcy, aid-de-camp to general Amhurst.
Roberts. He is.
James Meyrick . On the 18th of August last, the prisoner at the bar brought a bill of exchange to Mr. Calcraft's office, and presented it to Mr. Roberts (who is cashier,) and demanded payment. Mr. Roberts observed to me, that though there was 200 l. in figures, it was one hundred pounds in the body of the bill; and he told the prisoner he could not pay the money he demanded; I was by, on the opposite side of the desk. The prisoner said, he hoped he would give him something under his hand, that he had paid only a hundred pounds; Mr. Roberts said, he could not do any such thing. Then the prisoner ask'd him, whether he would not give him some money on account. Mr. Roberts said, he did not know whether he could pay an hundred pounds at all, till the accounts of capt D'Arcy were look'd into; and if he would leave the bill till next morning, that should be done, and he should have an answer; which, after some time, the prisoner consented to do, and then went out of the office Upon which, I asked Mr. Roberts what was the matter with the bill, and desired to see it. I was well acquainted with the hand-writing of Mr. Peter De'Arcy; and as soon as I saw it, I told Mr. Roberts, it was false, and desired him to take great care of the bill, till the prisoner came the next morning. I took the bill into my custody, this is the bill that has been read, here is J. M the two initial letters of my name, which I put upon it When the prisoner came into the office the next morning. I asked him whether he came for that bill of exchange; he said he did. I then told him we had not quite money sufficient to pay it of capt Peter D'Arcy's, and that no more than a hundred pounds at most was to be paid for it, as no more was expressed in the body of the draft. He said, he paid 200 pounds for the bill to capt. Peter D'Arcy , at Albany. I told him it was a little extraordinary, that he should express no more than one hundred pounds in the body. I asked him if he was acquainted with the drawer of this. He said, he was perfectly well, and that it was capt. Peter D'Arcy , aid de camp to general Amhurst. I then asked him what regiment he served in in America; he told me the 17th regiment, and that his name was Kennedy, and that he was a captain. I then asked him his christian name; he told me it was Quintin. I told him. I had great reason to believe that capt. Quintin Kennedy was in the Cherokee country. He said, it was true, I might believe so, but he was just arrived from thence. I then told him he was not capt. Quintin Kennedy , and I was sorry for his situation, for the bill was forged, and I must take him into custody. Upon being taken before a magistrate, his pockets were searched, in which was found a rough draft of a form of this bill of exchange, and likewise a form of a draft, payable to A. B. a plan to draw by and there was found also a letter of Mr. Henry Drummond 's directed to lieutenant Donald Campbell ; and likewise a bill drawn in the name of Donald Campbell , upon Mr. Drummond. He went through an examination for a long time, still persitting he was capt. Kennedy; but finding he was going to be committed, he then desired to speak with me. I withdrew with him out into the yard, he then told me, that his real name was Donald Campbell and that he served to lord John Murray 's Highland regiment, the 42 d regiment. I asked him whether he had been guilty of drawing this bill of exchange, he told me, it was his own doing. I asked him if any other person was concerned; he said, the whole was his own, he had no accomplice; then he begged for mercy.
***The Last Part of these Proceedings will be published in a few Days.
NUMBER VII. PART III. for the YEAR 1761.
Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.
M. DCC. LXI.
King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, & c.
Q. HAVE you seen captain D'Arcey write?
Meyrick. I have.
Q. Look upon this bill (the bill in question.)
Meyrick. This is not the character, nor manner of captain Peter D'Arcey's writing.
Q. Look at this bill of exchange (the bill in question.)
Pritchard. I think this to be his hand-writing; I have seen several letters and draughts from him.
James George . I know the prisoner at the bar; I live with Mr. Drummond and Co. bankers, at Charing-cross. The prisoner has called several time, enquiring for Mr. Henry Drummond , who is agent to a Highland regiment, commanded by lord John Murrey . One morning he called, and met with Mr. Henry Drummond in our shop. and they had some conversation together. I did not know the nature of their business. After they had conversed some time, the prisoner stepped towards the counter to me, and begged I would be pleased to give him a form of a bill of exchange, because he was unacquainted with business himself. He appearing like a gentleman, I took a sheet of paper, and drew a form of a bill, which I delivered to him.
Q. Should you know it again?
George. I should, was I to see it.
Q. to George. Look at this draught.
George. This is the same that I wrote at his request, and delivered to him.
Landrick. This I found upon the prisoner at the bar.
The night of the 18th of August, I supped at a coffee-house at the top of the Haymarket with some gentlemen; I came home, and was told by my landlord a gentleman wanted me. There I met Mr. Kennedy from America. I knew him well; he is of the 44th regiment. I sat and drank some punch with him. I said, I should be glad if he would come to my lodgings. He came between seven and eight the next morning. He told me he was at Mr. Calcroft's, and delivered that bill there, in the name of his brother, for a hundred pounds in the body of the bill, and two hundred pounds in the margin. He was going to Portsmouth, and from trence to Scotland. He was in a hurry, and desired I would go to Mr. Calcroft's, to get the money or bill, and direct it after him, for Mr. Blaie at Leith. I went the next morning to Mr. Calcroft's, and called for the bill. Upon my calling for the bill, the gentlemanHenry Drummond ; then I told them my name was Donald Campbell ; and told them I was sorry for assuming the name of captain Kennedy, and begged they would not expose me, as he wanted me to take up his name. I called upon Mr. Henry Drummond , and wanted to draw upon a person in Scotland for some money; and I begged of that gentleman that he would draw me a plan of a bill, as I could not draw it properly; to which the gentleman consented. I sent my servant after Mr. Armour on Tower-hill (he breakfasted with captain Kennedy and me) but he was gone out, and would not be at home 'till to-morrow.
Q to Mr. Roberts. Did the prisoner come avowing himself to be captain Kennedy, or did he come in the name of captain Kennedy?
Prisoner. I am not guilty of forging the bill; I am guilty of denying my name.
Guilty Death .
255 (M) Jane, wife of Edward Cane was indicted for stealing one child's white frock, value 2 s. two linnen-handkerchiefs, value 6 d. and one child's linnen-cap, value 3 d. the property of Frances Hopwood , July 2 ..~
Guilty 10 d.
There was no evidence produced to prove the first marriage.
There was no evidence that could convict the prisoner, exclusive of that of his own confession, which was made in expectation of favour promised him.
Thomas Bradbourn. William King , the deceased, and I, went into a house that was sitting up on Ludgate-hill , on Tuesday the 8th of September, between five and six o'clock; I said to Michael Newton , Do you want a job? if you do I can help you to one. Then King said, You have got a boy, help him, for I can help myself. Then Garnett said to King, Do you help yourself? King said, Yes, I do help myself, and always could, better than you: we are all journeymen carpenters. Then more words arose, 'till King went up to the prisoner, and jostled him with his arm, and his fist was doubled. Then Garnett took up a hammer, and threatened to knock him down, if he did not desist; and made motions four times with it towards his head, but did not hit him. Then they had a good many aggravating words one with the other. Garnett went to the beaufet. and fetched two chissels out, which King had broke, and said, See here, you scoundrel how you have broke my chissels. King said, Cannot I make them good to you, you puppy you, cannot I make them good to you? Then after more words King ran up to him, and shoved him about, and made motions to strike him with the chissels; and after that ran up to him, and put his head under Garnett's chin, and made motions as if he was going to hit him in the face with his head, and seemed as if he wanted to fight him, and jostled him him from one end of the bench to the other, and round the bench. After this I ran between them, and said to King, Come, come, let us go home, there will be mischief done. King came away almost as far as the door; Garnett then called him thief. King said, What, thief and all! thief and all! am I to bear all this. Then he ran back in a sort of a trot to Garnett, in a great passion. I said, come, there will be mischief, let us go home. He was coming along; then somehow or other Garnett hit him over the head. This was as I was pushing King by his back to go home. I did not see him hit him the blow, but I heard it; the blow came over my head. The deceased fell down on the stairs, and the blood ran out of his ear. I saw the prisoner lay the plane down afterwards. Said I, you have killed
Q. Who was present at this time?
Q. Were one or both of King's fists doubled?
Bradbourn. Both of them.
Q. Did he put his head under the prisoner's chin with intent to fight him?
Bradbourn. I do not know but he did; it appeared he did all he could to provoke the prisoner to fight.
Q. Did the prisoner strike him?
Bradbourn. No, only that fatal blow.
Q. How long might this last from beginning to end?
Bradbourn. It might be ten minutes; I cannot say how long; seeing the man lay for dead, put me almost out of my senses.
Charles Metcalfe . On Tuesday the 8th instant I was at work at a house next door to Mr. Dalmahoy's, on Ludgate-hill; the deceased came into the work with Bradbourn; the deceased was in liquor; he forced his discourse to a person, and the prisoner interfered in the discourse, and there were contradictions and words passed about some tools. Garnett bid him mind his business, and said he had no business there, and they came to very high words. The deceased shoved Garnett against some sash-doors at the farther end of the shop, with pretty great force; and Garnett stumbled against them, but he did not fall. After that I saw him endeavour to strike Garnett with his head, and shoved him about with his elbows. I heard the prisoner say, If he served him so any more, he would knock him down with a hammer, which he had in his hand. After that King retired almost as far as the shop-door: then turned round in a passion, and went up to Garnett again. He had his hand up with an intent to strike Garnett I believe, only the evidence that has been examined was between them. The prisoner immediately laid hold of a plane, and struck the deceased on the right-side of the head with it. The deceased fell immediately with his head on the stairs, on his left-side. We were all surprized. He lay as dead for the space of three minutes, without any motion of life. We got him up, and set him upon a work-stool. He was afterwards carried to the hospital, and put to bed. I heard the sister of the ward say, he lived 'till about half an hour after 12, and then died.
Q. On whose part was the pushing?
Metcalfe. The pushing was all by the deceased.
Q. Did Garnett ever offer to strike the deceased?
Metcalfe. No, only when he took up the hammer, and said he would hit him with it, if he offered to do so again.
Q. If that motion the deceased made with his head had hit the prisoner, would it have h him?
Metcalfe. It would greatly; and after the deceased was got almost to the door, he went back in a great passion, and said, I will, I will, I will. I imagine he went back with intent to strike Garnett.
Q. Do you believe he would have struck Garnett?
Metcalfe. I really believe he would, but Garnett immediately took up the plane, and struck him.
Court. The other witness says the deceased was going towards the door when Garnett struck him that blow.
Metcalfe. That must be entirely false; for if that had been the case, he must have had the blow on his left side; the prisoner and the deceased were face to face, when the blow was given.
James Killingworth . King and Bradbourn came into the works between five and six o'clock; King was in liquor. There was a stranger talking to Metcalfe, and King had words with the stranger, and Garnett said to King, You have no business here. King went up to the prisoner, and they had words. King shoved him about, and against some sash-doors, and ran his head up to his face.
Q. Did his head hit his face?
Killingworth. I cannot say whether it did or not, I believe not. Then the deceased went almost to the front-door, and words continued between them. Then the deceased turned round in a great passion, and held his hand up, and went very fast, saying, I will, I will, I will. I did not turn my head round to see what was done,
Q. Do you believe he went back with intent to strike the prisoner.
Killingworth. I really believe he would have struck him, if he had not took the plane and struck him.
Wm Willson . I had an order by my master, to tell King, when he came to take his tools from the shop, he was to go to work in another place; he came to the work in the afternoon much in liquor. Words past between the prisoner and he: he shoved Garnett against the sash-doors with a large shove; Garnett recovered himself, and told the deceased, if he did not desist using him so he would knock him down with the hammer. The deceased being a quarelsome man, I said to him, my dear Billy, good buy, go home, and do not let us have quarrelling here. With that he went towards the front-door, and when he returned back, I had my head in the chimney, and I did not see the blow. The last evidence said, you have killed the man; then I lifted up my head, and saw the deceased lying on his back, with his head upon the stairs. I, Killingworth and Garnett, helped him up: Mr. Farmer was sent for to bleed him; he remained speechless I believe about four minutes; then he cryed, stop, stop, stop. The gentleman, not thinking there was blood enough taken from him, was for taking more. He was very rustical, and said, I cannot stay here: then he wanted to lie down; we laid him on some shavings: after that he was carried to the hospital on a shutter, and I was charged by the constable to go down to Bridewell with the prisoner.
Q. Was the deceased a quarelsome man?
Willson. In liquor he was very quarelsome. I have known him some years.
Q. What is Garnett as to that?
Willson. I have kept him company a dozen or fourten years; I never found him a quarrelsome man: he received a great deal of provocation and abuse in his tools from King.
Q. When did he die?
Farmer. I saw him dead when the coroner sat on the body, three or four days after.
Counsel for the prisoner. I have many witnesses here to the prisoner's character, and as I cannot vary the case, it is to be sure manslaughter, so I shall not take up the time of the court to call them.
Guilty. Manslaughter .
260. (M.) William Martin was indicted, for that he on the 11th of August , about three in the night, the dwelling-house of Samuel Gomley , esq ; did break and enter, one half-pint silver mug, value 20 s. and one silver table-spoon, value 5 s. the goods of the said Samuel, and three men's hats, the property of James Simpkins, in the dwelling-house of the said Samuel, did steal . ++
Q. Where is Mr. Gomley's house?
Susanah Jackson. I am servant there, we found the house broke open on the 12th of August in the morning; the kitchen-window was open, and he sash thrown up. The iron bars, on the outside, were wrenched off; the things mentioned in the indictment were taken away from out of the kitchen.
Jonathan Williamson . I live at Richmond: on the 17th of August the beadle and bellman were crying a hatcher at Isleworth; the prisoner was stopped by three gardeners: the bell-man said, there had been a house broke open, and they wanted to know who owned the hatchet. They said they had a suspicion of the prisoner. The week following, the prisoner came to Richmond, I imagined he would go to this house to sell the silver, I saw him knock at the door, and go in and come out again, with a paper with something in it, in his hand. I went, and told the woman, the last witness, my suspicions; she said he had offered some small pieces of silver to sell.
Benjamin Kitchen . The prisoner was fellow-servant with me at the George at Hounslow. My master heard there was a warrant out against the prisoner, and he had absconded (he had been gone a half a year from us.) In the morning, about nine o'clock, on the 6th of September, my master and I saw the prisoner: we knowing he was suspected of this robbery, took him: we were going to the justice with him; we came to a dirty lane, the prisoner was for going down that, so I went there with him, and my master went on the outside, in the field; when we were got into the lane, the prisoner said he wanted to stop to ease himself. He went down into a ditch as far as he could for water; he put his hand down among the lappels of his coat: I thought I heard something chink; when he was ready to go again, he went on to Isleworth. When we came to the constable's house, I asked the prisoner, if he did not drop something in that place, saying, I heard something chink; he said, he had not; then it was thought proper I should go back, and search the place. A baker lent me a horse, and I went, and among the weeds I found some small pieces of silver amongst the mud. When I thought I had got it all, I went with it to the constable's house, [ produced in court] After that, there were more such small pieces found in the prisoner's pocket.
Q. to S. Jackson. Look at these pieces of silver?
S. Jackson. I have seen them before we came here, I cannot swear they are part of our mug or spoon.
Q. to Simpkins. Did you ever find your hat since?
261. (L) Ann Pritchard , spinster , was indicted for stealing two shirts, two pair of stockings, one pair of shift-sleeves, one pair of muslin ruffles, two aprons, one muslin handkerchief, three linnen handkerchiefs, and one pair of shoes, the property of Thomas Birch ; one pair of ruffles, and one linnen apron, the property of Isabella Tiplady ; one paper snuff-box, with a silver rim , the property of John Williams , June 26 . ++
Ann Birch . My husband is a linnen-draper , we live in Bow church-yard. I went out of town about the middle of last May, and at my return, about the latter end of June, all the things in the indictment were missing. I left Ann Venables in the house; she was my servant: I found she had harboured and secreted the prisoner in my house for about a fortnight. I took the prisoner up, and before justice Sydenham, she confessed having taken the things, and where they were: I went accordingly with a constable, and found the greatest part of them, and they are here in court.
Ann Venables . I was Mrs. Birch's servant in the time of her absence. The prisoner being an acquaintance of mine, and coming out of her place, I gave her leave to come and lie with me; all the things mentioned were in the house at the time she came; and after that they were all missing: I did not see the prisoner take them: I heard the prisoner confess she took and pawned them.
Catharine Prigg . I live with Mr. Warford a pawnbroker: [She produced two shirts, four handkerchiefs, a pair of treble ruffles, two aprons, a pair of woman's shoes, a pair of silk stockings, a pair of worsted stockings, and a pair of soist sleeves.] The prisoner brought these at several times, and pawned them at our house.
Q. to Venables. Did you give the prisoner these things.
Venables. No, I did not.
Venables told me I might lie there, when her master and mistress were out of town, while I was out of place. She gave me these things to pawn, and said she bought them.
Mrs. Birch. The prisoner did not charge Venables before the justice with giving her them.
Guilty 10 d.
264. (L.) Thomas Daniels was indicted for the wilful murder of Sarah his wife , by casting her out of a two-pair of stairs window : he stood charged, on the coroner's inquest, for the said murder, Aug. 28 . ++
Mary Allen . I live in Hare-Court, Aldersgate-street . About a quarter after ten o'clock on a Friday evening, in the month of August last, I was eating my supper, I heard a woman scream; I got up, and went to the window, and when I came there, she had done screaming. I heard her very plain and very loud.
Q. How far was the screaming from your house.
M. Allen. My house is three doors up the court, and I looked out of a on-pair of stairs window, I stood a little time, and heard her scream again; then I heard a man say something, but could not distinguish what; the woman said, my dear life, my dear soul, my dear creature, never no more.
Q. Where did that voice come from?
M. Allen. That came from the place where I heard the screaming.
Q. Repeat the words?
M. Allen. My dear life, my dear soul, my dear creature, never no more. After that, I heard a noise like the driving in of a nail with a hammer, or the fastening up of a door; when that was done, she screamed again, My dear life, never. I thought it was Daniels beating his wife, but I could not be sure.
Q. Why did you think it was from there?
M. Allen. I thought so by the voice coming so shrill up the court; I came down stairs, and stood at my street-door, and then I heard her scream out again, My dear soul, never no more. (This was a third time) I then shut my door, and went to the end of the court. I thought I would be convinced whether it was Daniels beating his wife in his room, or something in the street. I went to Daniels's house, and saw the street was all still; I looked up to his window, and observed the window half open; it was a two-pair of stairs window, it was a folding casement, two casements shut together in the middle; I stood near the house, and heard the screams again.
Q. Where did they come from?
M. Allen. They came from out of that two-pair of stairs window. I heard the prisoner say (I believe it to be him.) I heard a man say, D - n you, you bitch, will you ever come after me more. She said, My dear life, never no more; she then gave another violent scream, and came out of the window, and as she came out she was bent double, I saw her head first.
Q. Could you observe any body behind her?
M. Allen. There was no light in the room, and as she was coming out, she said O! save me, save me.
Q. Did it appear to be her own voluntary act to come out of the window, or that she was forced out?
M. Allen. I believe she was forced out, by the violent force she came out with, and as she was coming out, she said these words. She fell face-downwards stretched, her full length into the kennel, quite naked, not a thread upon her, no shift, no cap. At my screaming out, the people came out at the next door, I then ran and called Mr. Clark the constable.
Q. Do you know the prisoner's voice?
M. Allen. I don't know it when I hear it; the people went to secure the prisoner,
Q. Did you know the woman before?
M. Allen. I had no knowledge of her, I never spoke to her but once.
Q. Was the body quite dead?
M. Allen. No, my lord, she lived afterwards some hours; she was then sitting on the ground, supported up, and I saw the blood run from under her left-breast.
Q. Was there the appearance of a wound?
M. Allen. I was so much frighted, I did not observe it; she was then taken up, and carried into the room which she came out of at the window. I went up-stairs, and saw her lying on the bed, and a gentleman dressing two wounds, which she had on her left-hip.
Q. Was this soon after you saw her in the gateway?
M. Allen. It was not ten minutes from the time I saw her in the gateway, and in her own room. The croud flocked in very much. I saw the prisoner brought down stairs, before the body was carried up into the room.
Q. Where was he brought from?
M. Allen. He was brought out of the house where the deceased came from the window. I cannot say the same room, the constable perhaps can tell; he was in the constable's custody, and more assistance with him.
Q. For what purpose did you call a constable?
M. Allen. Because I believed the woman to be murdered.
Q. By whom?
M. Allen. By her husband; and I called the constable in order to apprehend him. I staid in the room but a little while; she never spoke, and I believed her to be senseless, speechless, and dying. I went again the next morning about seven o'clock, and saw her alive, but dying; and I was told she lived but half an hour after that.
Q. Was you before my lord-mayor?
M. Allen. I was taken with sits, and could not go.
Q. When you heard her call out, Save me, save me, did she seem to speak to any body out of the window, or in the room?
M. Allen. I cannot tell whether she spoke to be saved in the street, or to somebody in the room; but if I had not ran away, she would have fell on my head.
Q. Do you know whether she ever spoke afterwards?
M. Allen. I believe she never did.
Q. What height is that window, which she came out of, from the ground?
M. Allen. I cannot tell, I am not acquainted with heights of windows; it was a two-pair of stairs window.
Q. As you was in the room did you observe how high the window is from the floor?
M. Allen. I did not observe that, I know there was a table under the window.
Q. What sort of a casement was it?
M. Allen. I was a folding casement, it opens two ways; one of the casements was shut; it opens into Aldersgate-street.
Q. Did you observe a garden-pot standing on the out-side the window?
M. Allen. She touched nothing, but came clear into the street, she fell against nothing.
Q. What sized woman was she?
M. Allen. She was shorter than I am; but I believe stouter than I am.
Q. Did you hear a man's voice offering to throw her out at the window?
M. Allen. No, I heard nothing more than what I have said.
Q. Where do you live?
M. Loveland. I live almost opposite the prisoner; I heard a great squalling in Daniels's room.
Q. What room?
M. Loveland. A room up two pair of stairs.
Q. What sort of a voice was it?
M. Loveland. A woman's voice.
Q. Was you acquainted with her?
M. Loveland. Yes, I knew her very well; I heard her give a great scream, My dear creature, my dear love, you will kill me.
Q. Do you know whether she spoke to any body?
M. Loveland. I cannot say whether she spoke to any body or not.
Q. Did you know whether the prisoner was in the room at that time?
M. Loveland. No, I did not know that indeed; there was a coach coming along, and some more words were spoke, but I could not understand what she said, the coach making a great noise. My eyes were fixed upon the window: there was no light in the room; one half of the casement was shut, the other open. As soon as the coach was gone by, I saw her come out at the window.
Q. Did you hear any other voice in the room?
M Loveland. No, I heard none but her voice, and I saw nobody but her; I saw her as she came smash on the ground; I ran squealing down to my father, and told him, Mrs. Daniels is come out at the window; he unlocked the door, and ran over; he was in the bake-house with the men.
Q. How near is your window to the prisoner's?
M. Loveland. We live two doors lower on the otherside of the way.
Q. What sort of a night was it for light?
M. Loveland. It was a very clear night; I saw her come very plain out at the window.
Q. Did she seem to be forced out, or flung herself out?
M. Loveland. I cannot tell.
Q. Did you see any body else in that room?
M. Loveland. There was not a bit of light in the room; I looked, but could not see any body; I had a person standing by me, and I said, Mr. Daniels is beating his wife.
Q. Were there frequent quarrels between them?
M. Loveland. Yes, very often quarrellings; he used to beat her very much.
George Clark . I am a constable; Mrs Allen came and knocked at my door, and said, For God's sake come out, for Daniels has throwed his wife out at the window. I immediately went to his door, there was the watchman, and one Mr. Flude. The door is under the gate-way, that goes out of Aldersgate-street into Hare-court. When we got into the house, we went up into the two pair of stairs room, that looks into the street; there we found the prisoner alone, without hat or wig, coat or waistcoat. I laid hold of his arm, and asked him how he could be guilty of such a rash action, of throwing his wife out of the window, and asked how she came to be naked. He said, she pulled her shift off, and tore his shirt, and then threw herself out at the window. There was the shift was torn all down before, and all at the wrists. I bid him put on his cloaths, and said, he must go to the Compter. I could hardly tell whether the shift was a shift or not, it was torn so. He looked about the room, and seemed to be a little confused. Then some more people came up-stairs; he put on his cloaths, and we took him to the Compter. Then I came back, and went up-stairs to see the woman. When I first came out of the house, I saw her on the ground quite naked. The next morning I took the prisoner to the Mansion-house, there was Alderman Alexander; he said I should not have brought him 'till the coroner had sat on the body. Then he was committed by the coroner's warrant to Newgate.
Q. Did you observe the room?
Clark. I did.
Q. How high was that window from the floor?
Clark. I could go to the window, and lean upon it with my elbow, with a little stooping.
Q. How high do you think it is from the floor?
Clark. I believe it is about three feet high; there was a table stood underneath the window.
Q. Was any thing upon the table?
Q. Were there garden-pots under the window?
Clark. There were, that window was half open; that is, one of the casements was open, and the garden-pots stood on the other side.
Q. What size woman might the deceased be?
Clark. A middle-size woman, a pretty well set woman.
Q. Did it seem to be a place where a man could throw a woman out of the window?
Clark. I thought it possible; I thought the table would rather be a help than a hindrance, as it was lower than the window.
Q. How large was the table?
Clark. It was about a foot over; I cannot be certain what sort of a table.
Q. Do you think it would support any body to stand upon?
Clark. I believe it would.
Q. Suppose one person was endeavouring to throw another out of the window, could not the person catch hold on the side of the window, in order to resist?
Clark. I believe they might.
Q. How wide was this casement?
Q. Do you think she could come out with her shoulders fronting?
Clark. I don't think she could; I think she must come sideways out.
Anne Harrison . I was looking out at a two pair of stairs window, the house of Mr. Loveland, where Mary Loveland was looking out; I heard, as I thought, a woman's voice squealing, and saying something that I did not understand. Then I heard her say, My dear creature, my dear love, don't kill me.
Q. Did you hear any answer to these words?
A. Harrison. No, I did not; I heard no other voice but that voice in the room, as I know of. There came a coach along in the interim, that prevented my hearing the words; but I heard a continual screaming and crying out, but could not understand the words, 'till the words she spoke as she fell; the words were, Christ save me, save me! To the best of my knowledge they were the words. I saw a woman go along the street, just under the gate-way, but I did not take particular notice.
Q. Did you observe any body in the room?
A. Harrison. No, I did not, the room was dark; I saw her on the ground, she was quite naked; I was not quite near her, but I saw her; I believe she never spoke a word after.
Q. How long was you looking at the window before the woman came out of it?
A. Harrison. I believe four or five minutes, to the best of my knowledge, but that I cannot say exactly. As the coach came along, I turned my head, wishing the coach farther. I heard the words, and my cousin catched hold of my arm, and said. Here she comes out at the window. I looked, and saw her lying on the ground; this was in an instant.
Q. Do you think she had not hung by the window-post?
A. Harrison. I believe she did not; if she had, I believe I should have seen her.
Q. Did you see any body pushing her towards, or out at the window?
A. Harrison. I did not.
Q. Did you hear any body crying out, Don't throw me out at the window?
Q. Did you hear the window mentioned?
A. Harrison. No, I did not.
Thomas Godman . I am a surgeon, I saw the body, after her decease, in her own room, on the 29th of August. The wounds lay wholly on the left-side. From the upper-part of her ear, down to her ancle, the body was much confused. There were several wounds on her left hip-bone, contused wounds, all occasioned by the fall, I believe. The window out of which I was told she fell, is a very great height. The lower bone of her left-arm was fractured, and the wrist dislocated; seemingly, to me, as if she had put it out to save herself in the fall.
Q. What is your opinion was the occasion of her death?
Godman. I believe the injury received by the fall from the window was the occasion of her death.
Q. Could you, by any thing that appeared, form a judgment whether the injury done to her left-hand, was occasioned by her attempting to save herself by her hand at the window?
Godman. No, I apprehend it was by endeavouring to break the fall as she was coming to the ground.
Coroner. There is one Charles Hilyard , that lodged under the room of the deceased, could have given the largest account of any of the witnesses. He gave an account before me of a great struggling, and tumbling about the room over his head, before she went out, and some things very natural; but he will not appear, and thinks himself excusable, as he is not subpoena'd.
Court. Did you bind him over in recognizance to appear at this sessions?
Coroner. I did.
He was called, but did not appear, his recognizance was ordered to be estreated.
That Friday evening I happened to be out 'till about ten at night, at the Nag's head in Houndsditch. I had three pints of beer, and a pint of beer along with a young man of my acquaintance. When I came home, my wife had locked me out. I found she was awake in the room. and she would not let me in. I went down stairs, and came up again, very serious and good-natured; and said, Sally, my dear, let me in. I took and put my back against the door, and broke it open. She came out of bed,
Q. to Clark. When you apprehended the prisoner, did you observe any mark on his head, as if he had had a blow given him?
Clark. No, I observed none.
Q. Did he say, she had hit him?
Clark. No, But he said, she throwed herself out at the window.
Prisoner. She would take a poker, and knives, and any thing, to strike me with; that was her common way, and to call out in that way; she did scream out in the room. I said, my dear, what makes you do so? I speak nothing but the truth, so help me God. There was one time in particular, she broke two or three of my great sash-panes in her passion. She would take and knock her arms through the windows, take quar-tpots, and throw at me; and if I wanted to take them away from her, she would cry out, Don't, don't, don't; save me, save me; that was a common word.
For the Prisoner.
Joseph Holmes . I being church warden of the parish, I had the vault of the work-house emptied, it was a very large job to the former church-wardens; they used to make two nights of it, I got a man to do it in one, and treated him at the Cock and Crown, and staid till half an hour past 10 o'clock, I came that way home, I came under Mr. Daniels's window. I saw two young women, or three, and a young man, they were talking in a civil way, at the door of Mr. William Tisser . I chose to stop to see what past there, and leaned upon a post, under Daniels's window, within three steps of the wall; I take it then to be 35 minutes after 10. I heard no noise, nor saw nothing. I went home, and went to bed; and at eleven, was rung up, being the chief officer, and within three doors of Mr. Daniels. In the morning, about half an hour after six, some-body came and said, there was a murder committed. Now I will tell about the room. I went about half an hour after six, I do not know whether I did not see her expire myself. There was the mother, and a great number of people crying and youling; saying, she was murdered, I said, for God's sake, good people, let the door appear open; I went to see if any blood appeared under the window, there was none. I looked to see the situation of the room there was a chest of drawers, a table, a low chair; the window is as high a window, as is any where in common. I saw no blood at all, and if there had been any struggle, by a man's forcing a woman out at the window, the window must be broke; there were garden-pots standing on the outside the window.
Q. What window do you speak of?
Holmes. I speak of a two-pair of stairs window, there is but one window in the front, it opens with a double casement.
Q. Did the garden-pots stand in that part of the window that was open?
Holmes. It may be a foot on the left-hand side, the side that was not open.
Q. Did it appear to you practicable for a man, with a table standing under the window, to throw her out at that window?
Holmes. There was a chair; I rather think she must go to the window, to call out for assistance, and even balance herself in the hurry, and so tumble; I apprehend the chair was always standing there.
Q. What size woman was she?
Holmes. She was a shortish sort of a woman; I think it is impossible to throw her out, without breaking the glass, and there is but one pane broke now.
Sarah Frances . I knew the deceased. I have been in the room she came out of, a great many times. The bottom of the window I take to be much about the heighth of my hip, or rather higher, from the floor. I followed her quick after she was carried up in the room. I saw one casement shut, the other open. There was a table under the window, and a chair joining to it. I perceived no blood in the room at all.
S. Frances. No, Sir, she might have continued some time by grasping; because one half was fastened to the two irons, one on the top, the other at the bottom. The casement that was open, was about the breadth of one.
Q. Do you remember when there has been any dispute between the prisoner and his wife?
S. Frances. There has been several between them. I have heard her threaten several times, she would kill him. I have heard her cry out several times; and once I carried a pot of beer up, I looked through the key hole; and at that time, he was not near her when she cried out, Pray, dear Daniels, let me alone, he did not meddle with her. The key hole was so large, I could see from the chest of drawers, to the window. And when the door was open, she wanted to go out, and he would not let her.
Sarah Furman . I know this room. I do not think it possible, that a man could force a woman out at that casement, when that table stood there, without breaking the window, without she was willing. I knew the woman before she was married, the wedding was kept at my house. It is a yard and quarter to the window, where she went out.
Q. Was the single casement that was open, wide enough for a woman to go out at, for the whole breadth of her shoulders?
S. Furman. It was; when I went into the room, about 11 o'clock that night, there were three garden pots in the window. I think nobody could force me out there, without pulling all the pots down; one of them stood very near to the front of the window.
Q. In that part that was shut, or that open?
S. Furman. That that was shut.
Q. Was it light or dark?
M. Hunt. It was not light, it was rather duskish.
Q. Did you see any body behind her, or push her?
M. Hunt. No.
Q. Did you hear her make use of any expression, which would lead you to believe, she was forced out of the window?
M. Hunt. She cry'd out. for God's sake, or Christ's sake, save me, save me, as she was falling. I was but that instant come to the window.
Q. Can a person, in your apprehension, throw a person out of that window, and a table under the window, without her making some resistance, by holding by the side of the window?
M. Hunt. I think she might have resisted a little.
Q. Was any body with you at that time?
M. Hunt. Ther e were a great many in the room with me.
Q Did you hear any other voice in her room?
M. Hunt. I did hear a voice in the room, but could not discover what it was; it was like a voice screaming. I could not distinguish what were the words, but I heard a screaming before she fell; and I heard a bustle, but could not distinguish what it was.
Q. Did you see any behind her, or by the side of her?
M. Clark. No.
Q. Did you see her hang by the side of the window?
M. Clark. No, she appeared to me to come out all at once.
Q. How wide is the street?
M. Clark. It is a wideish street, Aldersgate-street.
Ann Archer . The prisoner at the bar served his time to me, he was a good apprentice, with good words, one might wind him to any thing; he loved his wife to distraction before he married; all his friends were against the marriage.
Joseph Furman . He was journeyman to me at this time; he appeared to me a very well behaved man. I saw no cruel disposition in him in my life. I look upon him to be a very good natured man. I have known him 20 years.
This was on Friday, and he received sentence immediately to be executed on the Monday following, and his body to be dissected and anatomised.
265 (M) Rachael Henogue , spinster , was indicted for stealing one stuff petticoat, value 2 s. one pair of sleeves value 6 d. two guineas, and 10 s in money, the property of Johanna Sykes , in her dwelling house , Aug. 5 ++
Johanna Sykes . I keep a milk-cellar , and live in Prince's street , the prisoner was my weekly servant , she lay with me, she went to bed when I did. On the fifth of August she saw where I laid my pocket; I awaked between four and five in the morning, and missed her and the things mentioned in the indictment. I apprehended her on the 27th, and before the justice she confessed to the taking the money and things.
Guilty of stealing, but not in the dwelling-house .
Richard Jones . I am coachman to Mr. Clement Pinkston, in St. Alban's-street . The footman's hat was lost out of the stable, on Friday night, the 14th of August. The prisoner had been but two days in the yard, and he was discharged that night. I was informed he was at the Barley-mow, near Hyde-park corner. I and William Williams , went and found him there with the hat on his head, and secured him. [Produced in court, and deposed to as Mr. Pinkston's property.]
The prisoner said nothing in his defence.
Guilty 10 d.
Elizabeth Edwards . I live with Mr. Turner, he keeps a public house, the Britannia, at Charing-cross On Thursday the 10th of this instant, the prisoner came to our house in the evening with a woman, he had two pints of beer. When it came to be 10 o'clock, I ordered the woman to go away, and we went to bed, we always take up the plate, either I, or the maid, we lie together. When we came to count the plate, we missed a silver pint mug, we have but two pints, and we had used both at supper, one with strong beer, and the other with small. We came down and searched about the house and cellar, but could not find it. I recollected the prisoner ( who is a soldier quartered at our house) had some small beer carried up into his bed-chamber. We went up stairs, and knocked at his door for about half an hour, and he made no answer; I ordered the door to be broke open, there we saw the small beer in a pewter mug, he was in bed, and fast asleep. I ordered the maid to look about, and she found the silver mug in his coat pocket, there was no other person in that room but him. We fetched the watch and constable. When he was awaked, he was charged with taking it; he both then, and before the magistrate, said, he knew nothing of it.
Ephraim Brooks . I am a constable. I was fetched to the prosecutor's house, I took a watchman along with me. When I came there, I cannot say whether the prisoner was asleep or not. I think he bore too much trouble to awake him, I suspected it was a sham sleep. When we
Q. Did the prisoner submit willingly to be searched?
Brooks. I said, you must be searched. He said, with all my heart.
I want to know how it came in my pocket, for I lost a shirt out of the same pocket. I know no more how it came there than the child unborn.
Francis Christopher . I keep the Toy at Hampton-Court. Betwixt the 12th and 13th of August, I lost a linnen waistcoat, and five pair of thread stockings, out of my ware house. I have found the waistcoat and four pair of stockings; they were produced before the justice by the soldiers he had sold them to.
Q. Did you know the prisoner before?
Christopher. He is a soldier , he was upon duty at Hampton-Court.
William Cope I bought this waistcoat, and two pair of stockings, of the prisoner at the bar, at Hounslow, for 3 s. and a pot of beer, on a Sunday morning, about three weeks ago. He then said, they were given him; but before the justice, he said he found them. [Produced in court, and deposed to by the prosecutor.]
Q. When did he give them to you?
Thomas Page . I am a corporal, I was upon guard the 12th of August at night, at Hampton-court, the prisoner was one of my guard, I was called up at four in the morning, and I missed him, he was absent till six.
Q. Were any of the witnesses then on guard?
Page. Cope and Howell were both in the same guard that night.
I was taking a walk in the morning, to see if I could get a pint of beer; coming back to the guard again, I found these things in a handkerchief on the green.
270. (M.) Arthur Wilks , was indicted for stealing one frieze riding coat, value 12 s one cloth coat, value s. one peruke, value 12 s. two linnen shirts, value. 1 s one horse-comb and sponge, and one other sponge, value 1 d. the property of John Waites , June 27 .~
Q. What are you?
Waites. I am an ostler , and lived then with Mr. Pew.
Q. Where did you lose them from?
Waites. I lost the cloaths out of my bed-room, in the stable, and the sponge from off the cistern, where I water the horses; the comb and sponge were not my property, they were lost out of another stable in the yard. The prisoner worked in the yard, and he was seen to go out with a bundle of cloaths.
Q. Did you ever get your things again?
Waites. No. I never did.
John Landery . I took the prisoner up on the 27th of July. The prosecutor took a search-warrant from justice Fielding, we went and searched his apartment, I found a horse comb and sponge, that is all I know
Q. to Waites. Are the horse-comb and sponge your property?
Waites. No, they are not, they belong to another person.
Patrick Quin , was indicted for stealing five pounds weight of sugar, value 2 s. the property of certain persons unknown, September 14 .~
Ezekiel Williams . I am a labourer at Cox's-key . Last Monday in the afternoon I saw the prisoner walking round the casks on the key, he put his hand into a sugar-cask, the head being loose, three or four times, and took out sugar each time, and put it into three different pockets. I watched him till I saw him going away, and then we seized him; and in one pocket, we took out a quantity of sugar, that weighed five pounds neat sugar.
Samuel Tatham . I was imployed in weighing Turkey-cotton, at the end of Fresh-warf. When I heard the man was taken into custody, I went to him, and saw the last-witness, and William Hood , pull sugar out of the prisoner's pocket. I cannot say whose property it was; it was understood to be the property of persons unknown.
John Jebb . I am constable for the king on the keys. The prisoner was committed to my care; when he was before the alderman at Guild-hall, he said, he pick'd it up upon the key. The alderman had it opened, and it appeared all of one sort, which could not have been the case, had he picked it up.
I got a handful of one cooper, as he was opening a hogshead, and a handful of another, and so on. I am as innocent as the child unborn of feloniously taking any sugar; some I scraped from the ground, and so on. The gentlemen said, it was better than to trample it under foot. When I was going to Newgate, the prosecutors whispered, how much should be their share, in case I was convicted. Said the constable, never fear, you shall be secure if you swear against him, and so on. Before I came to Newgate, I turned round, and said, I hope, gentlemen, it is not come to that; you shall get nothing by me, do not crack of your chickens before they are hatched. I have got several gentlemen, and responsible house-keepers, to my character.
Q. to the Constable. You hear what the prisoner has said, what do you say to it? Do you remember the conversation in your going to Newgate.
Constable. The soldier said, I do not know what I shall do, I have got a family to work for. Said I, you need not trouble yourself about that, the merchants will satisfy you for your trouble.
Q. Do you remember any thing of the prisoner's turning round, and what was said by him?
Constable. He turned round, and said something, but I do not remember what were the words.
Q. Did you give the soldier any encouragement, to expect any reward for speaking more than the truth.
Constable. No, I did not.
For the Prisoner.
Q. How long is it ago since you went to school with him?
Riley. It is about 18 years ago.
Q. Have you known him lately?
Riley. I have known him about a year and three months, since I came to London; I have heard a good character of him.
Alice Cavenhan . I live in Long-lane, the prisoner has lodged with me eight years; I knew him ten years; for the time I have known him, he has had a general good character; I never heard any ill of him in my days.
Guilty 10 d.
John Roghahn . I am a jeweller , the prisoner picked me up at the corner of Water-lane, Fleet-street, and carried me to one Dugens's house in Ashentree-court, White-stairs . I lost 45 s. in that house. I was there with her about half an
Q. Was you in the bed with her?
Roghahn. No, I was not; I sat on the bed with her about half an hour; I drank only what they call a pint of wine.
Q. Had you been drinking before?
Roghahn. I had been at the Three Herrings by Temple-bar then; when I paid my reckoning, I saw my money.
Q. Was you drunk or sober when you was with the prisoner?
Roghahn. I think I could not be more fuddled than what I was. I did not miss my money 'till almost an hour after. I found the house after that, and complained to Dugens. He told me where the prisoner was. I went and charged the constable with her; she denied ever seeing me. She was searched, and a king Charles's guinea, three shillings, and three penny-worth of halfpence, were found upon her. That guinea I know to be mine, and what I lost that night. [ Produced in court.] There is a lump on the back part of it. [The jury inspect it, and find it as described. It was a fault in the die, and a small rising of gold was, as he had described, plain to be seen.
Mr. Knapton, the constable, deposed to the searching the prisoner, and the prosecutor's saying, before he searched her, he lost two king Charles's guineas, and that he could swear to one of them.
I was in bed, and never saw the prosecutor 'till next morning about eleven o'clock; then a woman came up, and the prosecutor, who said, I must get up, and go along with them. I deal in old cloaths, and we borrow of one another. This money I borrowed.
Guilty of stealing, but not privately from his person .
John Franklin . I had orders to send in two bushels of coals, and change for a guinea, to Mr Benjamin Walker 's, in Long-row, Coverly-fields. I brought them, and laid the guinea down upon a chair, while I give the change; and went away, and forgot to take up the guinea. I returned in about two minutes, and the guinea was gone. The prisoner was servant there. I suspected her having it, and charged her with it. She denied it. She having got some new things, and was got drunk, we had farther suspicion; and upon charging her again, she acknowledged she had taken it. This she did before the constable, and all the justices. I never recovered it again.
Mr. Walker confirmed the account of the prisoner's confession.
I know nothing about it.
William Hodgson . The prisoner lived servant with me about six weeks, or two months. On the 20th of July, she got up, and went about her business as usual. Between seven and eight o'clock she was gone. My wife miss d a silver spoon. I sent about amongst the pawnbrokers, that if such a person came with a spoon, to stop her. She was stopped at Mr. Smith's in Bishopsgate street, with part of the spoon. The prisoner owned she had broke it, and throwed away the handle-part, where the mark was, in George-yard, Whitechapel. [The bowl-part produced.] She confessed to the taking of it, and her confession was taken in writing before the justice.
Q. Was that confession made under any expectation of forgiveness?
Hodgson. I had made her no promises of that sort, it was freely and voluntarily; I did not swear to the piece of the spoon, neither could I, it being broke.
Q. Were any threats made use of?
Hodgson. No, none at all. [The confession produced.] The prisoner signed this freely after it was read over to her in my hearing. [It was read in court; wherein she acknowledges the taking the spoon, her master's property, & c.
The prisoner said nothing in her defence.
Guilty 10 d.
275. (M.) John Steel , was indicted, for that he, on the king's highway, on James Benson , Esq ; did make an assault, putting him in corporal fear and danger of his life; one silver watch, value 10 l. and four guineas, his property
James Benson . On the 13th of June, I was travelling in a post chaise with Mr. Smith, in the road from Tyburn to Ealing. I remember it was the night we had the account of the taking of Bellersle: near the turnpike behind Kensington-gardens , about 11 at night, I was asleep, and was awaked by a person on horseback. I asked what was the matter; Mr. Smith said, do not be affrighted, it is only a highway-man. When I looked up. I saw a man on horse-back, with a mask on the upper part of his face, which came down as low as his mouth. He was mounted on a chesnut or brown-horse, it was a very moonlight night, I think the horse had a light face, he was on the right side of the chaise next me. The head of his horse was turned towards the chaise. he had a short pistol in his right-hand. He said, Your watches and money, do not be alarmed, gentlemen, I shall not hurt you, your watches and money. Mr. Smith reply'd, do not hurt us, you shall have them Sir. He gave him his purse, and then I gave him mine. Then he took Mr. Smith's watch, and then mine. Mr. Smith asked him for his seal, he told him he might take it. Mr. Smith reach'd and took it off.
Q. Did he use any threatning words?
Benson. No, he did not; he was extremely civil, he bid us not be frighted, and said, he was a poor unhappy man, reduced to that way of supporting his wife and six small children.
Q. What sort of watches were they?
Benson. Mr. Smith gave him a metal watch, with a shagreen case, and mine was a horizontal silver repeating watch. I cannot exactly tell what money I had, I know it was about four guinea, or four guineas and a half.
Q. Did you give him your money and watch, under any terror or apprehensions of danger?
Benson. I would not have given him them, if I could have avoided it. Mr. Smith asking him for his seal, led into conversation between them; at that time I look'd under the horse's neck to observe his feet and discovered, that the highway man's toe of the right leg, turned out towards the horse's flank. I found it was a withered leg. I saw the prisoner since at justice Fielding's.
[ The prisoner is ordered from the bar, into the body of the court. ]
Q. look at his legs?
Benson. I do, I have great reason to believe, that is the leg that I see that night. After about 10 or 15 minutes conversation, he rode off. He represented his case to us, as though he was a very unfortunate man. He said, he had been a bankrupt, about a year and half ago, and that he had entered into security for an uncle, for about 15 hundred pounds; this was on a Saturday night, and I gave information of it before Mr. Fielding, on the Tuesday following. I then described the person to have a withered leg. About three weeks after, Mr Fielding sent for me, the man at the bar was taken up, upon some other robbery. I looked at the prisoner's leg, and told the justice, from the circumstance of the leg, I had reason to believe that was the man?
Q. Did you ever meet with your watch again.
Benson. No, I never did. I advertized it, but never had any information of it.
Q. What is your opinion of the prisoner now?
Benson. I can form no opinion of this to be the man by any thing, but only by the circumstance of his leg.
Q. Did you observe his voice?
Benson. He spoke to us with a very particular voice, I can form no certainty from that?
Q. from Prisoner. At this time, I believe when you was robbed, you, according to what I heard before the justice, came and laid an information, that you had been so robbed?
Benson. I did.
Q. from Prisoner. Was not there an advertisement in the Publick Advertiser?
Benson. Yes, Mr. Fielding put in an advertisement, agreeable to the information.
Q. from Prisoner. Do you think he put it in according to your description given?
Benson. I suppose Mr. Fielding put in such advertisement, as was proper on such an occasion.
Q. from Prisoner. I would be glad, if you would be kind enough to give the real information you gave to Mr. Fielding?
Benson. The information I gave Mr. Fielding was the same I have given now.
Prisoner. I have the Advertisement here.
Benson. It was near the same I have given here, in substance almost the same.
Prisoner. From the best recollection I have, you said, the man's jaws were thin, that this was a man of a thin hollow visage, and upon your oath, you say, he had a mask down to his mouth.
Court. That was a near description to you, for you are such, and that might be seen if the mask came no lower than the mouth.
Benson. I did observe, that the withered leg had a spatterdash on; I mentioned it to Mr Smith, after the robbery, that the man had an unfortunate mark about him, to be a highway-man, and told him of the withered leg.
Prisoner At that time you advertized, or at least, gave information to Mr. Fielding, that this man had either a cue wig, or his own hair. I believe you to be much of a gentleman, and you will allow me to ask some questions in defence of my life.
Benson. Yes, I told Mr. Fielding, he was as the prisoner is, in his hair, or a cue wig.
Q. from Prisoner. Did not you talk something of a letter?
Benson. Mr. Smith asking for his seal, the man said, gentlemen, you shall have your watches, as well as your seals, if you will advertize two guineas each for them. I said, I will give you five for mine; but why need we advertize; do you name a place where they shall be left, and the money shall be ready. Then the man said, let it be the Rummer Tavern, Charing Cross; there we were to apply, to get our watches again, upon paying two guineas each.
Q. from Prisoner. I think just now you was saying, the man that robbed you, told you, he was a bankrupt about a year and half ago.
Benson. About a year and half before that time.
Prisoner. You said before justice Fielding, it was about four months before that time?
Benson. I cannot exactly recollect that, I know he told me had been a bankrupt.
Prisoner. Then you cannot tell, whether it was a year and half, or a year and four months, or four months.
Benson. No, I cannot be certain.
Q. from Prisoner. Do you know any thing of a letter, or parcel, (then produced) I know you read a letter?
Benson. Mr Smith and I went to the Rummer about 10 o'clock, to inquire for our watches, agreeable to his information. I did expect, in consequence of his appointment (as he seem to be very exact) that he would have sent our watches. We inquired if a parcel had been left directed for Mr. Smith and Mr Benson, a woman there said, she knew nothing of the matter; but a servant said, there was a small parcel, it was delivered to us. There was in some cotton, my seal, and the block of Mr. Smith's seal, which he had left to the watch, as he could not get it off. There was no money asked; but upon the out side of the letter or parcel, was wrote value 2 l. 2 s. It was brought there by the penny-post.
Q. from Prisoner. How do you know they came by the penny post?
Benson. By the penny post mark upon it.
Q. Where was it put in?
Benson. It was mark'd in Bond-street. Mr. Fielding's man went to the place, and can inform the court of all that, if needful.
Q. from Prisoner Did you never make inquiry at any post-office about it?
Benson. No, I did not
Prisoner. Because the advertisement says, the man was in a fustian frock, and seemed to be a gentleman's servant
Q. What do you say to the prisoner's voice now; you was a little dubious at the first part of your evidence?
Benson. He rather spoke in a theatrical way, as if he had been bred at a spouting club. He said, 'O my conscience, my conscience,' and would seem grievously tormented with a guilty conscience, for what he was committing. From the circumstance of voice, I will not take upon me to say, he is the man. The prisoner said with great resolution before the justice, that he was in bed before ten o'clock that night; and I am sure it was after that when we were robbed, and I wish he can prove he was so in bed.
Q. from Prisoner. I have one question more. At the time you gave the information before justice Fielding, you said, you was robbed between 10 and 11.
Benson. I believe I said so, I say so now.
Prisoner. You said, the horse was a brown, or chesnut horse.
Benson. To the best of my knowledge it was.
Mr. Smith. On the 13th of June, near the turnpike, behind Kensington gardens, I was in a post-chaise with Mr. Benson, a highwayman stopped the chaise, and demanded our money and watches; I was on the farther side from the highway-man, I did not observe any thing circumstantially, I have little more to say, than that I was robbed there about 11 o'clock, by a highway man; that he presented a pistol, and demanded our money and watches, which we delivered him. He was turning away; Sir, said I, I should be obliged to you, if you will let me have my seal. Said he, is it a valuable one? I said, nothing more than my name in a cypher. He handed my watch over to me, I could not take it. I returned it to him, and desired he would take it off. He said, gentlemen, you need not be uneasy for your seals or watches, you shall
Q. What do you say to the prisoner's voice?
Smith. I cannot swear to his voice.
Q. What is your opinion?
Smith. I think it will not be right to give my opinion about it, as I cannot swear to it; I cannot say it is the same voice.
Q. Did you see his legs?
Smith. No, I did not; I did look a little at his face, but not so as to say this is the man. I discovered his body was thin, and his face was thin, ( such was the prisoner,) but cannot pretend to say, that is the man. Mr. Benson told me immediately after the robbery, about his leg, and I was surprized to think he could describe it so punctual to me.
Q. Was it light or dark?
Smith It was a very moon-light night, and Mr Benson did look down at the horse's feet, I had a great deal of conversation with the man about his being a bankrupt; he also talked of having a wife and six children.
Q. from Prisoner. Was you before justice Fielding at the time Mr Benson was?
Smith. Yes, I was
Q. from Prisoner. Did you not say you could not swear to the man that robbed you?
Smith. I say so now.
Q. from Prisoner. You said there, you was surprised how he could see this leg so narrowly?
Smith. I say so now.
Prisoner. You said, a chesnut-horse.
Smith. I say so now. I believe he was.
Q. from Prisoner. You never observed any spatterdashes on the man's leg, or any thing of that kind?
Q. from Prisoner. Did you observe a pistol?
Smith. I saw something that I thought to be a pistol; I saw the person produce a pistol before Mr. Benson was awake.
Q. from Prisoner. At this time you was robbed, you was in a post-chaise, I think Mr. Benson says Which sat next the highway-man?
Smith Mr. Benson did.
Q. from Prisoner. What time do you suppose it to be?
Smith. Rather full 11, or a little before 11.
Elizabeth White . The prisoner lodg'd a fortnight in my house, he came to me the 7th of June, and went away on the 24th, he was not well, he was sick, and was not out from the time he came to me, which was on a Sunday, till the Saturday following, which was the 13th, he was taking medicines the whole fortnight.
Q. Where do you live?
E. White. I live at Marybone.
Q. Did he not go out at all till the 13th?
E. White. He walked out in the garden at times, he was not confined to the house, but he was no farther than the garden. On the 13th he hired a horse of a neighbour, and rode out, he sent my servant to know if he could have a horse, she brought word back, he might have one. I saw the horse brought to the door, and saw him get upon him.
Q. What sort of a horse was it, what colour?
E. White. I did not take notice of the horse, I do not know what colour; it was something of a brownish colour; but I am not judge enough to know the colour of a horse.
Q. What time did he get on horseback?
E. White. I believe it was between four and five in the afternoon.
Q. What time did he come home?
E. White. He came home between 11 and 12 night.
Q. to Mr. Benson. How far from Marybone was it you was robbed?
Benson. I believe it was about a mile and half from Tyburn
Q. from Prisoner. I believe, madam, you was before Mr. Fielding, and the information you gave upon oath was read to me?
E. White. Yes, it was.
Q. from Prisoner. I think there you said, I returned about 11 o'clock.
Q. from Prisoner. Do you remember what kind of a wig I had on, when I went out?
E. White. To my knowledge, it was such a one as you have now.
Q. from Prisoner. What wig did I come home in?
E. White. The same.
Q. from Prisoner. Had I spatterdashes on my legs?
E. White. No, they were boots.
Q. from Prisoner. And the same when I returned?
E. White. Yes.
Q. from Prisoner. Do you remember I had it in my power, to have taken any of your property, if I had been a bad man?
E. White. You might; but I had a very good character with you by very substantial people in Bond-street.
Q. from Prisoner. I never did rob you?
E. White. No
Q. from Prisoner. Did you ever see any thing in my behaviour, like a highway-man or a villain?
E. White. No, never.
Q. from Prisoner. What might I have taken from you, had I mind to have been a villain?
E. White. There were plate, and a gold watch, and other things. The prisoner paid me on the Sunday, and went away on the Monday morning, and did not return any more.
Samuel Watkins. I know the prisoner, he hired a horse of me on the 13th of June
Q. What colour was your horse?
Watkins. Betwixt a bay and a chesnut colour, two feet white behind.
Q. What time did he return to you that night?
Watkins. About 11 o'clock. I know it was very late, because I sat up for him myself; it was rather after 11 than any thing.
Q. What colour is the mane and tail?
Watkins. a little flaxen.
Q. Who brought the horse home?
Watkins. The prisoner did himself to my door.
Q. Who came for him?
Watkins. Mrs. White's servant did; and said, a gentleman wanted one.
Q. Did your horse seem to be hard rode?
Watkins. No, he did not at all; I turned him out to grass that night.
Q. from Prisoner. Which way did I ride?
Watkins. I cannot tell that. I know you hired him to go to Highgate, or Hampstead, out for a ride in the air.
Q. from Prisoner. What heighth is this horse?
Watkins. He is upwards of 14 hands.
Q. from Prisoner. What kind of a horse?
Watkins. A square made horse, a cut full tail.
Q. from Prisoner. Describe the colour?
Watkins. He is a sort of chesnut brown bay.
Prisoner. Take care what you say, I think you are mistaken; I take him to be a light bay; but that is not material my lord.
Q. from Prisoner. Has he a particular white face?
Watkins. He has a pretty deal of white in his face; the prisoner had him twice, the 13th, and the 19th.
Q. Did you take notice, whether he had spatterdashes on?
Watkins. I did not take notice of that, he was off the horse when he brought him to my door.
Q. to Mr. Benson. Can you recollect, whether the man that robbed you had spatterdashes on, or boots?
Benson. To the best of my recollection, he had a spatterdash on the right leg, and not on the other.
Q. to E. White. did you observe a spatterdash on one of the prisoner's legs that time?
E. White. There was a boot on each leg.
Q. to Mr. Benson. Did you observe, so as to distinguish whether he had a boot or shoe on that leg?
Benson. By the smallness of the foot, I judged it was a shoe.
*** The Last Part of these Proceedings will be published in a few Days.
NUMBER VII. PART IV. for the YEAR 1761.
Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.
M. DCC. LXI.
King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
WAS it visible that he had a withered leg?
E. White. It was very visible, he went very lame.
As to any part of the charge, I have no occasion to repeat any of the evidence again, that has been already mentioned. This horse, it appears from the evidence, I hired of Mr Watkins to go to Highgate; and I did accordingly set out, I believe between four and five in the afternoon, for a ride for the air, as has appeared already, that the air might be of service to me. Mrs. White, I believe, can tell which way I went, when I set out from Marybone, from her house: her house is just in the middle of Marybone, please to ask her that question?
Mrs. White to the Question. He went up to the New road.
Prisoner. That is the way to Highgate; I did go to Highgate, merely for a ride; and at the inn, under the gateway, I called for a gill of wine, and drank it. Then I went down the road to go to the Spaniard's, I had heard of some things to be seen there, some curiosities; there I alighted, and put up my horse. From thence I went to a place called Georgia, to see the curiosities there. There I saw different curiosities. Then I came back again to this publick-house, or tavern, or something of that kind, where some gentlemen were drinking; and I being fatigued, by not being well, I put in sixpence with them, and we had some punch, and drank it; and in the interim, at about half an hour after nine, there came the news of the surrender of Belleisle; upon which we drank several loyal healths. As I was always a loyal man for my country, I did consent to have another half-crown bowl of punch to be called for. We sat 'till we drank that, and I believe it might be half an hour after ten o'clock when I came from that place. I came directly to Marybone; and after I was at home, in particular I mentioned to Mrs. White, of my seeing the rockets and lights as I was coming from the new-road to Tottenham-court road. I came very softly all the way, as appears from Mr. Watkins; he says the horse was very cool. I suppose I might be the best part of an hour in coming from the Spaniard's. I believe it was eleven o'clock. I dare say it was, when I got home. I remember seeing the lights and rockets from a sort of a hill, it looks over the buildings; seeing them, confirmed me in the good news that I had heard. From the different advertisements set forth in the papers, concerning what a notorious highway man I have been, has given my friends the opinion that I
He was detained to be sent to the county-goal in Surrey, he having detainers against him for highway robberies in that county.
Patrick Caffry . On the 28th of July last, I met the prisoner at the bar in Covent-garden; I asked her where she was going, and told her I was going to the upper-end of Compton-Street, and if she would go along with me, she should drink with me. I did not apprehend she had any place of lodging material. She came with me, and we agreed to go together to a lodging, and went to bed together. I locked the door, and took the key out, and hid it towards the upper-end of the bed. I soon fell asleep, and awaked between two and three in the morning. Upon missing the prisoner, I called for a candle, looked for my breeches under my head (having put them there) but found them on the floor, at the feet of the bed. I asked in what manner the prisoner got out. The door was open, but the key was not in it. This was on Tuesday night, and on Wednesday I carried an advertisement; and on Friday the 31st, it was in the paper. I heard nothing of my watch till the 8th of August, when serjeant Hyde came to me, and told me he had it: and desired me to come to justice Welch's, and he would give me an account of it.
Q. Did you look at your watch at going to bed?
Caffry. No, I did not.
Q. Are you sure it was in your pocket when you went to bed?
Caffry. I am not sure.
William Hyde . I was ordered by the commandant at the Tower to take one William Pope before justice Welch, which I did. and the prisoner at the bar was there; and she swore Pope, a soldier, had robbed her of a watch, upon which he was committed. This was on a Thursday; and on the Friday one William Heritage , a soldier, belonging to the same company, brought me the key of Pope's cupboard, for me to send him a hat and a pair of shoes; and he would send his regimentals, because he would not appear in his regimentals there; and he told me the watch was in the upper part of Pope's cupboard. Then I asked the serjeant-major how I should proceed in it. He advised me to go to the commandant, and tell him I had got the key, and he would give me an order which way to proceed. I carried the key to the commandant, and told him the watch was in Pope's cupboard. Then I went and took it out of the cupboard. [Produced in court, and deposed to by the prosecutor.] Then I went and told the commandant I had found it. He ordered me to carry it to justice Welch's. The justice said, Such a watch as this has been lately advertised as lost, and sent me to Pell, a pawnbroker, who informed me where the maker lived, by which means I came to find out the owner.
This gentleman came to me, I was just come out of the country, and asked me to go and drink with him. I told him I did not chuse to go. He got hold of me, and insisted upon my going to drink with him. I went to a tavern with him; he asked me a favour, which I did not chuse to grant. He told me he had no money, but he would leave his watch, pulled it out of his pocket, laid it down on the table, and desired me to take it up. I said I would not. He took it up, and put it in my hand, and desired me to keep it 'till he came to me, and brought me the money.
Prosecutor. No, I never did upon any account whatsoever.
William Law . I am a linnen-draper , and live in Piccadilly; I went to drink a pint of beer with my neighbour, Mr. Holloway, at the Cock and Harp in Germain-Street ; I said to him, I had a horse to dispose of. The prisoner was there; he joined company with us, and said he should want one, but thought mine would not go fast enough. I never saw the prisoner before. This was because I told him he was but four years old. I said, perhaps, you want a horse to go a hundred miles a day. I said I could procure one that would go a hundred miles in 12 hours. Then he offered to bet 100 l. he said he would lay the money down in 20 minutes. I went home, and fetched 20 guineas in a canvas-bag. I took out five guineas, and laid it on the table. He had no money to stake. Mr. Holloway was there; he said, put your money up. I did. Then we talked about weighing. The prisoner laid me half a gallon of beer that I was heavier than so much. We went to a tallow chandler's at next door, and I was weighed. I won the beer. Then we came back again, and talked of indifferent things, all for wagers, while drinking this gallon of beer. The company went away, and left him and I together. We staid 'till within a few minutes of eleven o'clock. When I was for going home, he said, I am going your way, I'll go and see you home. At going away, I asked what I had to pay. The landlord told me Mr. Holloway had left me three-halfpence to pay. I paid it. I had my bag and money then. When we got into Eagle-Street, it being a dark night, and Eagle-Street a dark one, I was for going through Darby-court; he gets hold of my left-arm, with his right, and said, Come, come, let us; o up here? We went on the street. When we got beyond the middle of the street, he gave his arm a hasty jark, and put his hand in my pocket, and twitched out my bag, with the money in it, and ran back again as fast as ever he could. I saw nobody in the street, and was to struck with terror, I did not offer to run. I went home and told my wife; she and I went to the alehouse where I had been drinking. The landlord said he never saw the man before, but one of his company he had seen before. This was the 25th of June; and on the Monday following Mr. Holloway and I went and got intelligence of the other man, who is a tallow-chandler in Bond-Street. I went to him, he told me who the prisoner was, and where he lived. Then I went to justice Wright, and got a warrant, and took him up. He said he knew nothing of my money, and that he was so drunk he did not know how he got home.
On his cross-examination, he said, he could not tell who offered first to wager; that the prisoner urged him to lay the 100 l. divers times; that he did not at that time know the prisoner was a journeyman-baker, and not worth that money; that when he went out of the house, he himself was not drunk, nor quite sober: that he felt the prisoner twitch the money out of his pocket; that he was to troubled for the loss of his money that he did not get up out of his bed the next day till near twelve at noon.
John Holloway . I and the prosecutor went in at the Cock and Harp to drink a pint of beer each. I staid only the drinking two pints, and went away in about half an hour. Part of the account he has given I heard while I was there. I left him three halfpence to pay.
On his cross-examination, he said, he was there when the prosecutor brought in the money; that he saw him lay down five guineas of it on the table, and that be bid him put it in his pocket again; that the prisoner did insist on producing a hundred guineas in a quarter of an hour. The wager was about riding a house an hundred miles, which should ride it soonest. The prisoner to ride one horse, and he the other.
John Ayres . I am the landlord of the house; I was backwards and forwards in my business, I know nothing of the affair, only this; the prosecutor came to my house again that night, in five or six minutes after he and the prisoner went out together, and said, he was robbed of his money by that man that he went out with, and asked me if I knew him. I had never seen him before to my knowledge.
Q. Do you know the place where he says he lost his money?
Ayres. Yes, the ground that he went was not above 60 yards, I believe. He went away again, and in about a quarter of an hour brought his wife, and asked the same question.
Q. What is the prisoner's character?
Lankfield. I know nothing of his character.
I am quite innocent of the charge; the man possibly might lose his money; I never saw it, nor had it.
For the Prisoner.
Edward Nichols . I am a master-baker, and live at Islington; I have known the prisoner about four years; he lived with me about a year and quarter; he is a very honest fellow, was he clear I would take him now into my service. I would trust him with a hundred pounds; he has taken divers bills for me, and always gave me a true account.
John Acton . When the prisoner was taken up, his master White came to me. I being constable, I went with him. The prisoner's room door was open, and so was his box. There was not a single farthing to be found. I have known the prisoner about a year and half; I never knew him to be quarrelsome, or saw any ill of him, and have been out with him divers times; if I had ten thousand pounds, I would trust him with it this moment.
Thomas Beard . I have known the prisoner nine or ten years; I was a journeyman baker, when I first knew him; I have kept company with him then, and since I was a master; he is a sober, creditable, honest man.
Daniel Bird . I am a master-baker, I have known him about eight years; I have been particularly acquainted with him, I never saw him in liquor in my life; I believe him to be a very honest man, and innocent of this affair; was he clear, I would take him as a journeyman now.
Benjamin Wright . On the 10th of August. about ten minutes after ten at night, I was going along the Poultry , I met the prisoner; I thought he was an impudent person; I could not get by him, neither on one side or the other; he said nothing to to me; I felt him very plain pull my watch out of my pocket.
Q. Was there any croud of people at that time?
Wright. No, there was not; I immediately seized him, and charged him with it, and called out for the watch; upon which a man that I had not observed, aimed at my head with a stick, which happened only to knock my hat off. I carried the prisoner to the watchman, he did not come to me; and he and I carried him to the watch-house. He was taken before an alderman, where he denied taking the watch, and said he was an apprentice to a vintner at Bristol. The watch was conveyed to that other man.
Q. Did you see it delivered?
Wright. No, it was dark. I could not see that, but I heard the chain to chink, when his hand was delivering something to that man that strove to knock me down. The prisoner was searched, but I told Mr. Stevenson, he need not search him, for he had not got it. I never got it again.
James Stevenson . On the 10th of August, about a quarter after ten at night, I being constable of the night, the prosecutor and watchman brought the prisoner to me; he charged him the same as now; he was searched, but Mr Wright said, he knew he had delivered it to another man that was gone off with it.
I think it is very requisite the watchman should be here. The prosecutor said I was very obstropulous. I desired alderman Cartwright to ask the watchman if it was so, and the watchman said I went very regular and quiet.
Prosecutor. The prisoner seemed to resent it as an indignity to him, that I should charge him with such a wicked thing.
For the Prisoner.
Jos. Watson. The prisoner lived with me 13 or 14 months, I am a lighter-man; I have
Sam Hewlet . I knew him apprentice; I have known him six or seven years. The last time I saw him was in Fleet-Street, about a year ago: he then told me, he was going to Bristol again. I know no ill of him.
Jos. Peade. I have known him 13 or 14 months. He has as good a character as any gentleman need to have for a young man. I have left him in my house when I have had 60 or 70 l. worth of silk, he never wronged me; I would trust him with-all now: I never heard a bad word from him in my life.
Guilty of stealing, but not privately from his person .
The prosecutor could not speak English, so an interpreter was sworn.
Stephens Dachy. I was coming out of the Park thro' Spring-gardens passage , on the 10th of July, about three quarters after eight in the evening, the prisoner came on my right side, and picked my watch out of my pocket, by the chain.
Q. Were there any other people by at the time?
Dachy. There were not many people.
Q. Were they so close as to press against you?
Q. Did you feel the watch go out of your pocket, or did you miss it as soon as it was gone?
Dachy. I felt it go out; immediately the prisoner ran away, and gave it to a woman in a red cloak: I ran after him, and he never was out of my sight till taken: he was never above 24 steps from me; he was stopped before he got out of the passage. After the prisoner was brought before the justice, the woman came there, and was stopped. She was released the next day.
Q. Did you see the watch in the woman's hand?
Dachy. No, I did not, neither can I swear that was the woman that he gave it to.
On his Cross-examination, he said, he was going out of the Park; the prisoner was going the same way; that the prisoner was before him when he lost his watch, and the woman a little way before him: that he lost his watch about the middle of the passage, and the prisoner delivered it to the woman about 20 steps from the place where he lost it, - that it was dusk, neither light nor dark, - that he never got sight of the watch after he felt it go, - that he saw the prisoner stretch out his hand to the woman. - That he believ'd the prisoner, as he turned again, when not past him, took the watch with his right-hand with a sudden motion.
Mr. Dumain. On Friday, the 10th of July, in the evening, past eight o'clock, I was going to the Park; just, as I turned the corner at the pastry-cook's, the prisoner came running towards me; a tall gentleman, an officer. and I, stopped him. The prosecutor was running after him; he said, that man had taken his watch. When we got him to the Toy-shop, a woman came to him, they were together the space of a minute: the prosecutor said, he had given his watch to her. We searched him, but found nothing upon him; we took him to justice Cox's; there he denied knowing any thing of the watch; that same woman came to the justice's to him. She was committed to Tothill-Fields Bridewell, or the Gate-house, but upon her second examination was cleared.
Q. Was the woman searched?
Dumain. After she had been and spoke to the prisoner first, she absented herself, I believe, two minutes. The prosecutor was not able to hold the prisoner himself, and we inadvertently let her go. I don't know that she was searched at all.
On his Cross-examination, he said, he saw the prisoner running before he was laid hold on: The woman said he was her husband, that the prisoner ran 200 yards, - that when he had the prisoner by the collar, the prosecutor declared to him, the prisoner had given the watch to that woman, - that the prosecutor understood a little English, so as to speak to be understood, - that he and the other evidence understood the prosecutor, - that the
Q. to prosecutor. Whereabout was the prisoner, when he gave the watch to the woman?
Prosecutor. This was about six minutes before he was searched; but I am not certain to the time. He gave it her at going out of the passage, before he came to the pastry-cook's shop; we were there twice; he gave it her before we came there the first time.
Dumain. There was a soldier come up, and struck the prosecutor on the head, which made me take the prosecutor's part.
John Dudley . I was going by the pastry-cook's shop at that time. The prisoner and prosecutor had hold of each other by the collar: there came a man, in a red coat, without any lace; the prisoner leaned his head towards him; I could not tell what he said. Then that man struck the prosecutor once or twice: when they got to the coffee-house window, a gentleman looked out, and examined the prosecutor in French. Then that gentleman said to me, hold him fast, he has got the gentleman's watch. I did, and helped to conduct him to justice Cox's; there the prisoner's wife came in. She was charged about the watch, and I believe searched by the justice's maid; but nothing found upon her.
I was coming from Westminster; before I came out of the Park, I met a young man that belongs to the company I do: he told me he was going to one Pettit's, in the Strand, and desired me to meet him there: I said, I was to go to the Coach and Horses to insist a young man, and if he does not come, I will meet you. I ran forward thro' the passage; an officer overtook me just as I got to the pastry-cook's shop; he took me by the collar, stop, said he; said I, for what? Said he, a man has lost his watch. The prosecutor never saw me, nor I him, till he brought me back to the Toy-shop: then the prosecutor said, you have got my watch. Then my wife came running and crying. There the gentlemen laid me down on my back, and searched me, and found I had it not. Then the gentlemen said, I believe you are innocent, go about your business: then the prosecutor came, and got hold of me again, and people came about me, and took me to justice Cox's.
Q. to Dumain. Had the prisoner regimentals on then?
Dumain. No, he had not.
For the Prisoner.
Richard Philps . I was at that time just entering the gateway; the prisoner came and tapped me on the shoulder, and said he was going to a name-take of his, in the Strand, to meet a young fellow whom he thought he should inlist; and said, if they had any punch I should have share of it, if I would come. He ran away from me; this was just in the Park, and seemed to blow and be in a hurry; I came very quietly after him, and saw a great crowd of people: I saw two gentlemen had hold of him, going to search him; they said he had no watch about him, and said the people, let him go. I thought he was got from the people: the next I heard they had got hold of him again. I belong to the same regiment; he bears an honest character.
Charles Jones . I live in May's buildings, in St. Martin's in the Fields. On the 7th of July, to the best of my remembrance, my wife sent a man to me, who told me, she wanted to speak to me; I met my wife in the street, she told me, she had lost a silver spoon; I asked her how she lost it; she said, she could not tell how; that she had all her tea-spoons a day or two before; but on washing up her tea-things, she had missed one spoon. She got a warrant, and I got a constable, and put the warrant in execution, to search the house of the prisoner's husband, I was a lodger in the house, up two pair of stairs, I was not present at the search; I had lost a great many things before.
Q. Is the constable any relation to you, I see his name is Jones?
Q. How long have you known the prisoner at the bar, and her husband?
Jones. I believe from about two months before last Christmas.
Q. Is her husband a housekeeper in May's-buildings?
Jones. He is.
Q. Is he reckoned a man of substance?
Jones. I don't say he is reckoned so.
Q. Is there one Mr. Lynch belonging to Mr. Dossel?
Jones. There is?
Q. Has there been disputes betwixt him and Mr. Dossel and his wife?
Jones. There has.
Q. How long have lodg'd there?
Jones. I lodg'd there six weeks before last Christmas.
Q. How long did you live well together?
Jones. Not quite six months.
Q. Was the dispute prior to the losing the spoons?
Jones. A great many disputes were before that time.
Q. Had you any law-suits between you?
Jones. We had.
Q. Have you ever made any application to take the house in which Dossel lives, that he might be turned out, and you have the house?
Q. Do you know Mr. Murimburg?
Jones. I do.
Q. Did you never speak to him about it?
Jones. No, never.
Q. Had there ever been any desire on the part of Mr. Dossel, that you would quit the apartments you had in his house?
Q. Was it before this spoon was lost?
Q. Whether you are exact, when you say the 7th of July, that you missed the spoon; or was it the 7th of August?
Jones. It was July.
Q. Upon that application of his, did you go out?
Jones. I did not, I am not out yet.
Q. Was you served with any ejectment?
Jones. I was served with three.
Counsel. And you remain there still.
Jones. I do.
Q. Had any other complaint been made against you or your wife, or Mr. or Mrs. Lynch, to a justice of the peace, in order to have a warrant against you?
Jones. No, I don't know that ever any person inquired about such a thing.
Counsel. Do you stay in court till the others are examined.
Mrs. Jones. I am a wife to the prosecutor, I cannot justly say when I lost the spoon; I had them all together on a Monday morning, and I never missed this till Friday morning, when I washed up my tea-things.
Q. What month was it?
M. Jones. Upon my word I don't know what month.
Q. Can you say, whether it was two, three, four, or five months ago?
M. Jones. I cannot.
Q. How long do you think it is ago?
M. Jones. I don't think it is above two months ago.
Q. What did you do upon losing your spoon?
M. Jones. I searched every where in both my rooms, I have but two rooms; I could not find it any where at all. I went down to the gentlewoman below, and she came up, and helped me look; then I went to my husband, where he was at work at St. Martin's Work-house, and told him of it.
Q. What is he?
M. Jones. He is a carpenter; as I had lost things before, I desired him to get a search-warrant.
Q. Did he get one?
M. Jones. He gave me leave to do it.
Q. Where to search?
M. Jones. Against the prisoner.
Q. Where does she live?
M. Jones. She lives in the same house.
Q. What part of the house does she occupy?
M. Jones. The garret and fore kitchen.
Q. Had you any particular reason to suspect her?
M. Jones. Yes, by several things, which I had lost before.
Q. Upon your oath, was that your motive to desire your husband to let you go for a warrant?
M. Jones. Upon my oath it was. The first thing that I had a suspicion of her in, was after I had been in the house about a fortnight, I was in the yard drawing water, and I saw two of my towels in a pail, how she came at them I cannot tell. When I got the search-warrant, my husband got an officer.
Q. Where did you get the warrant?
M. Jones. I got it at justice cox's. We searched her room, and found the spoon.
Q. Who was in the room?
Thomas Jones , I and Mrs. Lynch, we went into the one pair of stairs room forward. That is the room which the prisoner usually sits in. We searched every where; and when we had searched all the places, I desired the constable to look upon the bed, first of all Mr. Dossel let the bed down, there were some of his work-folks, and another woman over the way.
Q. What is Mr Dossel?
M. Jones. He is a habit maker, he let the bed down.
Q. Did he let it down before you insisted upon having it searched, or after?
M. Jones. No, before. I desired the constable to look upon the bed after it was let down; he felt up. but was not high enough to see I stepped up on the other side, and could look all over the bed.
Q. What do you mean by the bed?
M. Jones. I mean the bed's head, the constable stood up in a chair; he said he felt a paper, but was not high enough to look. Then he came down without finding of it, and said, he was not high enough to see; there were some boxes on the other side, I got upon them, and I saw, and could look over it, I saw a paper there, and desired a gentleman to lend me the poker; I tried to reach, but that was too short. Then I desired the gentlewoman to lend me the sweeping-broom, and I beat it down with that; the gentlewoman below stairs took it up.
Q. Who do you call the gentlewoman below stairs?
M. Jones. That is Mrs. Lynch, she delivered it to the constable, he opened it, and the spoon was within it.
Q. Where is it?
M. Jones. The constable has it.
Q. What mark is upon the handle?
M. Jones. C. for Charles, and J for Jones, it is marked upon the back of it.
Q. Whose property was it?
M. Jones. It was the property of my husband.
Q. What part of the room does the bed stand in?
M. Jones. It stands upon the left-hand, fronting the window, that is, the foot of the bed fronts the window.
Q. Which side of the bed were the boxes on?
M. Jones. On the far side, the right hand side.
Q. Which side did the constable get up on?
M. Jones. On the left hand side; we searched farther in the garret, and in the kitchen t of all.
Q. What did you search farther for?
M. Jones, Because we had lost other things.
Q Did the warrant intitle you to search for other things besides the spoon?
M. Jones. It did.
Q. Where is the warrant?
M. Jones. The constable has it. [ Produced in court.]
Counsel. It appears to be a general search-warrant.
Q. What had you lost before?
M. Jones. We had lost a saucepan.
Q. How long before the 7th of July?
M Jones. I did not take any account; I believe six weeks or two months.
Q. How long before was it, that you lost your towels?
M. Jones. I lost six of one sort, and seven of another. I lost some at our first coming into the house.
Q. When was the first application you made to justice Cox?
M Jones. Just after my losing my copper-saucepan.
Q. At that time, did he grant you a search-warrant?
M. Jones. No, he did not.
Q. What do you know farther with regard to this spoon? When you found it, what did you do?
M. Jones. We went down to justice Cox again, and Mrs. Dossel was taken up.
Q. Where was her husband?
M. Jones. He was with us at the time, I believe he was taken up too
Q. How came Mrs. Dossel in particular to be taken up?
M. Jones. We had the most reason, for that I suspected her, and had seen other things.
Q Was Mr. Dossel apprehended as well as Mrs. Dossel?
M. Jones. Justice Cox said, he believed we must bring them both.
Q. What did she say to this?
M. Jones. At first she said, Mrs. Lynch put it there; Mrs. Lynch called her base woman for saying so. Then afterwards, she said, it was I that put it there.
Q. Did you and Mrs. Dossel live together in good harmony and friendship?
M. Jones. For a great while, we had no bad words at all
Q. How long did you live together in friendship?
M. Jones. I believe four or five months.
Q. When did you first take her to be a bad woman?
M. Jones. I had not been there above a fortnight, before I had a suspicion she was a bad woman, by seeing my towels in her pail.
Q. When were the first applications made by Dossel to your husband, to go out and quit the house?
M. Jones. Since words were about losing the things
Q. Did you tell your suspicions to any body?
M. Jones. I did to my husband.
Q. How long ago since Mr. Dossel first desired you and your husband to go and leave the house?
M. Jones. It was some time after I lost the saucepan.
Q. Was your husband inclinable to quit the apartment after the uneasiness?
M. Jones. He was uneasy, because we had taken it for a year certain.
Q. Did the man that you took it of, desire you to go out and quit it?
M. Jones. Yes.
Q. Have you quitted it yet?
M. Jones. No.
Q. When you was in the house of one that you suspected to be a thief, why did you not choose to quit the apartment, when they desired you to go out?
M. Jones. There was an uneasiness in the house, but I cannot tell my husband's meaning for not leaving it. There was a disturbance, that we did not go out directly as we should have done, we did not know whether it was safe to go out. as he desired us to go out.
Q. Were you so ignorant, when he desired you to leave it?
M. Jones. We did not know it was safe.
Q. Was your husband served with an ejectment?
E. Jones. He was.
Q. Did he take advice?
E. Jones. He went once to a lawyer.
Q. After he had had his attorney's advice, what was the reason he did not get out of the house of this wicked man, Dossel, and wicked thieving wife?
M. Jones. He never told me he had been to his attorney, I do not think he has been. I know he was with the attorney, when he was served with the copy of a writ, I will not be positive.
Q. How came you to know it was an ejectment?
M. Jones. Because the lawyer told me it was so.
Q. Had there been any any action brought against you for calling Mrs. Dossel a thief?
M. Jones. The copy of a writ was upon that.
Q. Was that before the time of losing the spoon?
M. Jones. Yes, it was.
Q. What became of it? Was it made up?
M. Jones. The man that Mr. Dossel imployed, came down, and there was a law-suit concerning it.
Q. What became of it?
M. Jones. They made it up at Westminster.
Q. After that, was you at Mr. Dossel's upon good terms, or did you keep your distance?
M. Jones. We kept our distance.
Q. Then how came she by this opportunity to steal this tea-spoon?
M. Jones. I suspected that was gone, when I was down with Mrs. Lynch in the afternoon.
Q. Was your door broke open?
M. Jones. No, it was left open.
Q. Whether Mrs. Dossel ever let her door open?
M. Jones. I do not know.
Q. Suppose you was to turn your recollection a little to the door of her bed room being left open; can you say with some certa inty, that her door was left open, and she gone out on the Monday.
M. Jones. I never know'd her door was open.
Counsel. I desire the constable to stand up by the side of this witness, that the jury may see the height of them. [The constable stands up as desired.] He is a tall man, and she is a short woman.
Counsel. Now the jury may form their judgments, which was capable of reaching highest.
Q. Where did you begin to search first?
M. Jones. That was in the closet I believe. - No, it was the drawers, we search'd every
Q. Did you feel in the cloaths.
M. Jones. Yes.
Counsel. Such things as women's quilted petticoats?
M. Jones. They were all taken out of boxes; we search'd and felt about them.
Q. Did the constable get up to look upon the bed's head, to look for the spoon?
M. Jones. He did.
Q. Who proposed his looking there?
M. Jones. I believe it was me, after the bed was let down.
Counsel. I believe so to, I have no doubt of it.
Q. Did the constable say he saw any thing there?
M. Jones. Sir, he said, he was not high enough.
Q. When you went up first, what did you endeavour to get it with?
M. Jones. With the poker, I could not reach it with that.
Counsel. Nor with your hand.
M. Jones. No.
Q. Did you endeavour to try?
M. Jones. No, it was quite on the other side the bed.
Counsel. I see you are now big with child; I want to know the reason, why you did not desire the constable, who is a man, and much taller than you, to get things down from thence,
M. Jones. The boxes stood upon a stool, and were much higher.
Q. What did the constable feel paper with?
M. Jones. With his hand.
Q. When he did, why did not you, to avoid all suspicion, desire the constable to reach this paper with a poker or a broom; who could have done it more conveniently than you?
M. Jones. I did not hurt myself in getting up, and searched a great many places myself.
Q. Did you search upon boxes and stools?
Counsel. You must recollect there had been long enmity between Mr. Dossel and you, and his wife.
M. Jones. Yes.
Counsel. And that there had been an ejectment for you to get out of the house; when you knew that, how come you not to desire the constable to search about, that you might avoid all suspicion.
M. Jones. At the same time I might not think of any such thing. I got up in a chair to look in the cupboard, and likewise in the drawers, I did not hurt myself, nor think any ill.
Q. Were there more beds?
M. Jones. There were in the garret.
Q. Was the teastor of the bed very high?
M. Jones. It goes quite up to the ceiling, so close, that I believe it touches the ceiling.
Q. What else did you find?
M. Jones. We found nothing but the teaspoon, wrapt up in a piece of paper.
Q. You mentioned, that when Mrs. Dossel was asked about this spoon, she said, Mrs. Lynch put it there. Then after that, you put it there. When she expressed herself thus, did not you immediately clap your hands, and say, there it is.
M. Jones. No, I did not.
Q. Did not Mrs. Dossel say, when the spoon was opened, then Mrs. Lynch put it there?
M. Jones. Yes, I believe Mrs Lynch clapt her hands together. Mrs. Dossel said, you are a base woman, it was you put it there.
Q. Was Mr. Lynch ejected out of Mr. Dossel's house also?
M. Jones. He was
Q Had they been at variance?
M. Jones. Yes, they had.
Q. Had there been disputes between them?
M. Jones. There had.
Q When Mrs Dossel mentioned that, whether you understood it, that she, from her own knowledge, knew Mrs. Lynch put it there; or that Mrs. Lynch, at some opportunity, might have put it there?
M. Jones. I did not stand to consider what she meant.
Q. What do you understand by it now?
M. Jones. I understand, she must think Mrs. Lynch put it there in spight.
Counsel. And when Mrs. Lynch denied it, and she turned round to you, it must have the same meaning to you?
M. Jones. Very possibly she might.
Q. Was Mr. Dossel carried before Mr. Cox, and bound over?
Q. How came you to think of taking the wife, and leaving out the husband?
Mrs. Jones. Because I had a suspicion of the wife. I never found the husband take any thing from me.
Counsel. Then you look upon him to be an honest man.
M. Jones. I don't know what I look upon him to be.
M. Jones. I believe he had kept it two years.
Q. Is he a man of substance, or a poor necessitous man?
M. Jones. I don't know what he is.
Q. Does he appear to be a man of substance and credit, or a poor shabby dirty fellow?
M. Jones. He may be a man of worth, I can't say.
Q. Tell me how long you continued in good terms together?
M. Jones. I believe about four or five months, before we had any words.
Q. Might it not be six months?
M. Jones. I really can't tell how long.
Q Was it seven months?
M. Jones. I don't think it was seven.
Q. How long had you been there, when you lost your towels?
M. Jones. I lost my first two towels in the first fortnight after I came into the house.
Q. Did you suspect Mrs. Dossel then?
M. Jones. I did, that was the time I found my towels in her pail; that was within the first fortnight.
Counsel. This seems a little extraordinary, after you had occasion of suspicion, you should continue in very good terms.
M. Jones. I was not willing to have words with her, or any body else. I told her in good nature one day, that my husband did insist upon having the towels and things, or he would have a search-warrant.
Q. Where was this?
Mrs. Jones. This was one day in my own room.
Counsel. I remind you, you are now upon your oath, upon a solemn occasion; you are called upon to speak the truth, answer me. as you will answer to God and the world. Tell me if you do not know how, that spoon came upon that bed?
M. Jones. No, I do not know.
Q. Are you sure and certain, that you did not put it there yourself?
M. Jones. I am very sure and very certain I did not.
Q. Are you sure no other person with your knowledge and concurrence, put it there?
M. Jones. No.
Q. Have you any reason to believe any body put it there, besides the prisoner at the bar?
M. Jones. I have no reason to believe any body put it there besides she.
Counsel. Give a particular answer to the question.
M. Jones. I have no reason to suspect any body but she.
Counsel. You are positive you did not put it there?
M. Jones. I did not put it there, nor I don't know how it came there.
Q. Do you lock up your spoons?
M. Jones. I do not, they lie in the closet open.
Q. How many children have you?
M. Jones. I have one child.
Q. Did that child use to go into Mrs. Dossel's apartment from yours?
M. Jones. Only up stairs and down.
Q. Where was it you met your husband, when you went to ask if you might have a search-warrant?
M. Jones. I went to the Work-house, I met with one of the men, and told him, I wanted to speak with my husband, and I met him in St. Martin's-Lane.
Q. Pray had you some acquaintance with Mrs. Dossel? Is she a sensible woman, or a woman of weak understanding?
M. Jones. The woman is very well for what I know.
Q. Do you think she is so weak, that after there had been a law-suit between her husband and yours, as to steal a two shillings tea-spoon, to put it in your power to transport her?
M. Jones. I don't know, the woman is not foolish, that is certain.
Q. One more question. You was very intimate during this time with Mr. Lynch, and his wife?
M. Jones. At the time I lost my spoon, I was intimate with them; but I was in the house between three and four months before I spake to Mrs. Lynch.
Q. I would be glad to know, whether you, before the search-warrant, and how soon, you told either Mr. or Mrs. Lynch, of this matter; that is, of the loss of the spoon, and of your suspicion.
M. Jones. I told Mrs. Lynch of it, in her parlour, on the Tuesday.
Q Was that the first time you told her?
M. Jones. It was.
Q. Had you told Mrs. Lynch of your suspicions of Mrs. Dossel's being a thief, by your seeing your towels in her pail?
M. Jones. Yes, I had spoke to them about my towels, and my saucepan, and other things that I lost. I had not told any body of the spoon before I did Mrs. Lynch, but my husband.
M. Jones. It might be soon after we became acquainted.
Q. Did they express any uneasiness at staying in the house of such a person?
M. Jones. They had lost several things.
Q. Did you immediately, upon being acquainted with Mrs. Lynch, tell her your suspicions of Mrs. Dossel, or not?
M. Jones. I might soon after we were acquainted.
Q. Did you tell Mr. Lynch of it?
M. Jones. I do not know whether he was in the room; we used to converse about it, when we were together.
Q. Did Mr. Lynch express any uneasiness at staying in the house?
M. Jones. He was uneasy; but as he had laid cut a great deal of money, in fixing things in the house, he could not part till he had sold his fixtures.
Q. What is his business?
M. Jones. He goes out with books to sell.
Q. At what times?
M. Jones. He goes about night-time to sell them.
Q. Does Mrs. Lynch follow the same profession?
M. Jones. No, not as I know of.
Q. What other things did you miss?
Mrs. Jones. I lost a pillow-case.
Q. How came you or to put the pillowcase in the search-warrant?
M. Jones. I did not think of it. and I found my pillow-case afterwards again.
Q. Does Mrs. Lynch go by any other name than that of Lynch?
M. Jones. She goes sometimes by the name of Newcomb, and sometimes by the name of Lynch.
Q. Have you been acquainted with the last witness some time?
M. A. Lynch. No Sir, my acquaintance has been of a short time.
Q. How came you to be called upon to the searching this bed?
M. A. Lynch. I can urge nothing but what is of the strictest truth concerning the bed, my lord. The prisoner's husband would turn down the bed for Mrs. Jones to look between the sheets, as she had missed several things before.
Q. Was you desired by Mrs. Jones to be present, when Mr. Dossel's room was searched?
M. A. Lynch. Yes, Mrs. Jones begged I would step up with her, to be present, my lord; and I did so.
Q. When was this?
M. A. Lynch. I really cannot be positive what day it was indeed.
Q. What time of the day?
M. A. Lynch. It was on a fore-noon that Mr. Jones came home in great hurry of spirits, and told me of this tea-spoon; and it was some time, I believe, in the afternoon, that the constable came. She had brought a search-warrant, and begged I would go up stairs with her. We went, and examined the pea-shells, and examined the things almost one by one before the constable came, in order to search of it could be found in her own room.
Q. Can you recollect about what time of the day it was, that you went up stairs to examine these pea-shells?
M. A. Lynch. I really cannot be positive. It was some one, I believe, in the forenoon; upon my life, I cannot say really, whether it was in the forenoon or not.
Q. How long was it before the constable came
M. A.. Lynch. Not a great while. - I can't be to a hour. We were convinced the tea-spoon was not among the pea-shells; we searched in the copper hole, and in the copper, and among the coals. This was in Mrs. Jones's room.
Q. What was done next?
M. A. Lynch. Whe the constable came, as to the hour I can't be positive, we went together into the prisoner's room; she was washing below stairs in the kitchen. Mrs. Jones concluded we had best begin in the coal-cellar; from the coal cellar, she went up into the dining-room; she examined every little place, great and small beaufet, and cupboards. The prisoner emptied her drawers of cloaths, and cleared them out, in order to let Mrs. Jones see she had not the spoon there; then the prisoner's husband would turn the bed down, and oblige her to look between the sheets. Mrs. Jones said there is no necessity at all about the sheets: she seemed to look them
Q. What had you said to her?
M. A. Lynch. I spake to this effect, how she that abounded with many good things could do such a thing. In answer to that, she said I put it there: then Mrs. Jones said, you wicked woman, how could Mrs. Lynch go into my room and into your's? Then she said to Mrs. Jones, it was you yourself put it there.
Q. If I understand you right, there are two boxes upon a stool, which she got up upon; which side of the bed did they stand on?
M. A. Lynch. In going in, the bed is on the left-hand. The constable got up on this side, and the boxes stood on the opposite side, between the head of the bed and a cupboard.
Q. How near to the cupboard is the fireplace?
M. A. Lynch. A pretty good distance.
Q. Whereabouts did the constable stand?
Q. You mentioned something of an attempt made by Mrs. Jones to get up, and the constable observed it was not proper for her, in her condition; did he propose for her to get up?
M. A. Lynch. It is not to be supposed Mrs. Jones could have seen from the chair upon the top of the bed.
Q. Was not Mrs. Jones upon the boxes when the constable called to her?
M. A. Lynch. I think she was; and then, upon the constable's speaking to her, he got up; to the best of my own remembrance it was in that manner.
Q. How many foot high was the room?
M. A. Lynch. I cannot tell.
A Juryman. It is not very high, I know all the houses about there, I do the business of many of them.
Q Did the tester of the bed reach to the ceiling?
M. A. Lynch. No.
Q. What distance is it from the ceiling?
M. A. Lynch. I believe it cannot be two feet distance.
Q. Was it a whole tester?
M. A. Lynch. It was a half tester bed.
Q. Could not the constable see upon the tester when upon a chair?
M. A. Lynch. He got upon the chair, and would have looked, and the tester was too high for him to see.
Q. I dare say you had your eyes upon him; was it so much too high that he could see nothing?
M. A. Lynch. I cannot remember the words the constable said, but in my opinion he could not see over to distinguish any thing clear upon it.
Q. Was it so high that he could not at all look over?
M. A. Lynch. Indeed I cannot tell.
Q. Do you remember whether he put his hand up?
M. A. Lynch. I believe he did as far as he could reach.
Q. Do you remember the constable saying any thing?
M. A. Lynch. He did say something, I cannot remember what.
Q. What might be the length of the poker?
M. A. Lynch. A common sized poker.
Q. What the length of the broom?
M. A. Lynch. It was a long sweeping brush.
Q Was not there some pleasure discovered by you when the tea-spoon fell to the floor? Do you remember your clapping your hands?
Q. Did you proceed to the garret after you got the spoon?
M. A. Lynch. Yes, Sir, but people cried out there was enough, we need not proceed farther. There was a box that we did not search, I blamed Mrs. Jones that she did not search that, and she blamed herself; I should have urged her to search that; and all the time we were searching, they never ceased abusing us in the most grossest manner.
Q. Pray, madam, how long may you and your husband have lived in Mr. Dossel's house?
M. A. Lynch. Since last Christmas was twelve months.
Q. Are you Mr. Lynch's wife?
M. A. Lynch. I am.
Q. How long have you been so?
M. A. Lynch. I have been his wife eleven years.
Q. How long have you lived with him in England?
M. A. Lynch. I have lived with him in England, I believe, six years; I am an English-woman born; I was married to Mr. Lynch in Ireland.
Q. Do not you go by another name sometimes?
M. A. Lynch. My maiden-name was Newcomb, that I go by now sometimes; my maiden-name is sometimes put to the bottoms of pamphlets.
Q. What it Mr. Lynch's employment?
M. A. Lynch. He generally goes on nights to coffee-houses with pamphlets.
Q. What does he carry his pamphlets in?
M. A. Lynch. Sometimes in a green bag.
Q. Does he not wear a green apron?
M. A. Lynch. No, he never did.
Q. Two years almost you have lived in this house of Mr. Dossel's, pray have you been upon terms of friendship all that time?
M. A. Lynch. I was going to shew you my written agreement; he rents the house at 29 l. a year, we give for our apartment 20 l.
Q. Whether Mr. Dossel and his wife, and Mr. Lynch and you, have lived in that house in friendship?
M. A. Lynch. No, we have not.
Q How long since you first began to dispute?
M. A. Lynch. I cannot tell, the last quarter he would not receive his quarter's-rent.
Q. Is it a quarter of a year since?
M. A. Lynch. I do not know indeed.
Q. Do you think it is twelve months?
M. A. Lynch. I believe not quite six months.
Q. Has there been law-suits between Mr. Dossel and Mr. Lynch?
M. A. Lynch. Yes.
Q. Was Mr. Lynch served with an ejectment?
M. A. Lynch. He was.
Q. Did he consult a lawyer about it?
M. A. Lynch. I believe he did, I believe Mr. Jones and he consulted the same lawyer.
Q. What upon the subject of the ejectment?
M. A. Lynch. Yes, I believe so.
Q. What is his name?
M. A. Lynch. Mr. Palmer, in the Temple; he never called but once at our house, and that was I believe the week before last.
Q. Had you ever had any suspicions before this of the spoon, of Mrs. Dossel's being a thief?
M. A. Lynch. Yes, some of which I found in her possession - one article.
Q. Did you ever tell Mrs. Jones of that?
M. A. Lynch. Certain.
Q. How long ago is it since you found that thing in her possession?
M. A. Lynch. It was since Mrs. Jones had lost some of her things.
Q. How long ago?
M. A. Lynch. I do not know.
Q. Can you tell to a month?
M. A. Lynch. I cannot.
Q. Was Mr. Jones served with an ejectment?
M. A. Lynch. He was, and all his family, two men lodgers.
Q. Then Mr. Dossel was very desirous of getting you all out of his house?
M. A. Lynch. Yes, all of us.
Q. Was you never desirous of getting into the place of Mr. Dossel?
M. A. Lynch. Our rooms were but very small; we give 20 l. a year for them; Mrs. Jones said, if you cannot live quiet in them, if you come to be landlord of the house, it would be most proper so.
Q. Did you write to the landlord?
M. A. Lynch. No.
Q Did you speak to the landlord, or Mr. Nurinburg, about it?
M. A. Lynch. I went there, I was willing to observe to him what the other had told me.
Q. I only want to know whether you proposed
M. A. Lynch. I said, if he is willing to quit the house, I will take it. I would not live in it, though I spoke so.
Q. I should be glad to know of you, when you came to search for the spoon, whether or no you was the person that begged of Mrs. Jones, that she would not get herself upon any stools, benches, or boxes, for fear of hurting herself in the condition she was in?
M. A. Lynch. I do not remember that.
Q. Who advised Mrs. Jones not to get up?
M. A. Lynch. I believe the constable said he was afraid she would injure herself.
Q. How came she to persist in being the person to reach for it, propted up in that manner, upon two boxes upon a stool, when the constable would have reached two feet higher?
M. A. Lynch. I think Mrs. Jones got up before the constable did.
Counsel. So I think.
Q. Did she endeavour, or did she not, to reach the paper that she said she saw there?
M. A. Lynch. I think she did; she said she saw paper.
Q Do you remember whether she was able to reach this paper?
M. A. Lynch. I believe she might have tried - I don't know whether she tried or not.
Q How many times do you think she might try to reach it with her hand, before she called for the poker?
M. A. Lynch. That I cannot tell, or whether or no she might immediately judge it was out of her power to reach it with her hand.
Q. You say Mrs. Dossel said it was a bit of stick wrapped up in paper, did you hear the word stick?
M. A. Lynch. Yes, and paper too.
Q. How near was Mrs. Jones to you at that time?
M. A Lynch. As near as I am to this gentleman. [ Pointing to a person about a yard and a half distance.]
Q. What did you say to Mrs. Jones immediately upon that?
M. A. Lynch. I said, Lord, what is that? I took it up, and gave it to the constable, and desired him to open it. Then I said to Mrs. Dossel, How could you be guilty of such a thing?
Q. Upon her saying it was a bit of stick, what did you observe immediately upon that to Mrs. Dossel?
M. A. Lynch. I told her afterwards when I was more composed.
Q. Did not you say, No, you vile woman, it is not a bit of stick, it is a spoon.
M. A. Lynch. No, Sir.
Q. When you clapped your hands, was that for joy?
M. A. Lynch. I really was frighted; I was better pleased she had got it.
Counsel. Then it was joy?
M. A. Lynch. No, I cannot say it was joy; I really was frighted, notwithstanding all that.
Q Do you look upon Mr. Dossel to be a man of substance?
M. A. Lynch. That I cannot tell; the man is in a way of business; the people are capable of getting a livelihood.
Q. Have they good things about them?
M. A. Lynch. I have seen them wear very good cloaths; he has good work, which gives me reason to think they are in a very good way.
Q. When he let the bed down, did Mrs. Jones look about the bed-things?
M. A. Lynch. He said, You see I don't live dirty; I believe Mrs Jones looked under the head, and under he bolster.
Q. Did not she propose to have the bedcloaths taken off, and shaken?
M. A. Lynch. No.
Q. How came it that when Mr. Dossel proposed to take the head of the bed down, that Mrs. Jones should jump upon them boxes?
M. A. Lynch. I think Mrs. Jones said it was necessary to look over-head.
Q. Do you remember whether the constable saw a paper parcel? Or was it what projects over the bed?
M. A. Lynch. That I cannot remember.
Q. Was it before the constable said any thing, that Mrs. Jones got upon the boxes?
M. A. Lynch. I think she was upon the boxes before he spoke; I think she said, I think I see a paper here! The constable said, Stay, I will look, seeing her strive to know what it was. I think she said. Mrs. Lynch, I must know what it is? And when she could not reach it, I took the poker out of her hand, and handed her the sweeping-broom.
Q. Did you search the pockets in the cloaths?
M. A. Lynch. I do not remember we did; I will not positively say the pockets of the cloaths that were folded up were searched.
Q. Did you search the boxes that were locked up?
M. A. Lynch. No; when the spoon was found, we said there was enough to convict them, and so we did not search farther.
M. A. Lynch. No.
Q Is Mrs Dossel a foolish or sensible woman?
M. A. Lynch. I believe she understands common sense.
Counsel. Before this, you would have hardly thought her weak enough to go and steal a two shillings spoon, in order to get herself transported?
M. A. Lynch. We did not like her, and were willing to quit the premises; only we had fitted up the things, and he would not accept the short warning.
Q. Had Mr. Jones been at any expence in fixtures in his apartment?
M. A. Lynch. He had a large bench fixed up; to my knowledge he has it still, and he determined to stay for the conveniency of his work.
Thomas Jones . I am a constable, and live in St. Martin's-in the-fields; I was applied to, to execute a search-warrant, on the 7th of July, by Mr. Jones the prosecutor. We went into Mr. Dossel's kitchen, to search for a saucepan and towels. We could not find any thing below stairs. Then Mrs Jones came up stairs. We looked in every place, the closet, coal-hole and in the pails, to see if we could find any thing wet. A careful search she made. She went up into the one-pair of stairs room and searched the drawers, and two corner-cupboards; after that two great trunks, that stood one upon another. When we came to feel about the bed, the gentleman said, I'll turn down the bed; he turned it down, Mrs. Jones looked among the cloaths, turned the pillows about, and looked under them. The gentleman said, Why don't you look upon the bed? Mrs. Jones said, I intend it. Said I, let me look up there. I stood upon a chair, but the chair was not high enough for me to look upon the tester of the bed; I could put my hand upon it, but could not see, the tester being high.
Q. How is the room?
Jones. It is pretty lofty; I felt a piece of paper, but I believe that to be what covered the tester of the bed; I am sure it was. Mrs. Jones directly stepped upon two trunks, and looked herself. I was hen looking for something higher to stand upon.
Q. Was she on the trunks before you got up upon the chair?
Jones. I did not see her there before I got up, to the best of my remembrance she did not get up before. She asked what piece of paper that was. I answered, I felt a piece of paper that covered the top of the bed, but I was not high enough to to come at it [it was a large piece of paper, to keep the dust from coming down] She asked the last witness to reach her the poker; she did. Mrs Jones said it was not long enough. Then she reached, I think, a hair-broom, and Mrs. Jones pushed a paper down, and the evidence picked it up, and gave it to me.
Q. Did she push it forward to you?
Jones. I stood just at the going in at the door, (it is a half-teaster,) I was then got down from the chair.
Q. What kind of motion was it? Did she push it right from her, or like a sweeping stroke?
Jones. She put the broom along like sweeping.
Q. How did the trunks stand?
Jones. They stood close to the wall.
Q. Did she put the broom next to the wall, and so sweep from her?
Jones. It appeared to me, to be nearer the side that I was on, than on the other side; the last evidence pick'd it up, and said, here is something in this paper, pray look at it, and gave it to me.
Q. What did the prisoner say at that time?
Q. Was it spoke plain, or with a muttering voice?
Jones. It was in a sort of a mumbling voice. Mrs. Jones had another spoon in her hand like this; and she said, that is my spoon. I have had it in my custody ever since. [Produced in court.]
Q. How was it wrapped up?
Jones. [He produced the piece of paper.] The paper was twisted at each end.
Q. When you found it to be a spoon, did Mrs. Lynch say any thing?
Jones. She clapt her hands, and said, Thank God something is found, or something to that purpose.
Q. What said Mrs. Dossel?
Jones. She said, them that hide can find.
Q. Did she say any thing else?
Jones. No, nothing more than that.
Q. Was she very impatient during the time of the search?
Jones. She was very ready to open every thing, and desired them to search every place she had.
Q. Was not she very angry?
Jones. She seemed angry when she was searching?
Q. Did she use any rough language?
Q. Did she use any gross abusive language to you, or any body else?
Jones. Nothing of that kind; I sat down in the window while they searched the room; and when she proposed to search, then I got up.
Q. Was Mrs. Jones offering to get upon these boxes, before you did in the chair?
Jones. To the best of my knowledge, she did not. Mr. Dossel said, search the top of the bed too. He said, there were nothing but dusty papers, that would suffocate them, or else he would take it down for them.
Q. Did he appear angry?
Jones. He seemed angry that they should attempt to search his house.
Q. What else was done in that room?
Jones. Nothing particular; then we went up into the garret.
Q. Was every thing searched there?
Jones. Every thing was not searched so diligent there, it was not carried on with the same spirit.
Q. Do you recollect the words, there is enough to convict them?
Jones. Yes, that was upon finding the spoon.
Q. Was that the reason the search was not carried on with the same spirit?
Jones. The prisoner did not seem to come up after us, I cannot say what was the reason. I left them to do as they pleas'd, I only was there to keep peace, I did not search.
Q. Would it not have been extremely convenient for you, who are taller by a foot, than Mrs. Jones, to have got upon the boxes, as she is big with child?
Jones. I would have done it, but she stepped up, while I was looking for a thing that was higher than the chair.
Q. Was the paper that you felt, the paper that the spoon was in?
Jones. No, it was not; it was nothing like it. I neither felt, nor saw such; the paper I felt covered the teaster of the bed.
Q. Did you hear the murmuring by Mrs. Dossel, about a stick?
Jones. No, I did not.
When she came, she said, I am come to search for something fresh. I said you may, for if you hide nothing, you can find nothing. They searched the kitchen, I lighted a candle for them to see into the coal-hole. I said, do you go there to look for silver spoons? They said no, for a saucepan. They searched all the boxes, then she called the constable to step upon a chair. He did, and said, he saw nothing, only felt a bit a paper. She stepped on the other side the bed, and called for a poker, the poker was handed to her by Mrs. Lynch; that was not long enough, then she handed the sweeping broom; she pushed down a paper, Mrs. Lynch picked it up, and gave it the constable. I know nothing what was in it, nor any thing at all about it.
Counsel for Prisoner.
I have many gentlemen in court, men of property, to the prisoner's character, if required.
Foreman of the jury. My lord, we don't think it necessary to give the court any trouble about this affair; we see by the complection of the case, there is something very bad. We are of opinion, that Mrs. Jones herself put the spoon upon the prisoner's bed.
The jury, with Mr. Dossel, made application to the court, that a copy of the indictment be granted, in order to try the two women witnesses for a conspiracy; and a copy was granted accordingly.
Robert Ward . I keep the Red-Lion, at Hampstead . On the 7th of July, the two prisoners came to my house; they wanted to know if they could have either coffee or tea to breakfast; my wife told them they might have which they pleased. My wife wanted them to go into another room, but the parlour-door standing open; they went directly in there. As soon as breakfast was over, they ordered their horses to be brought to the door; as soon as they had got on horseback, my wife went to look if her money was safe in the bureau, in the parlour where they had breakfasted; we missed two guineas and a half; I got on horse-back, and rode as far as the Gun and Bush, at North-end.
Q. Was the bureau left open?
Ward. It was shut, but not locked.
Q. How do you know what money was there before?
Ward. I had put in that money.
Ward. I had seen it there that morning. I took Conway in Bishopsgate-street, he was standing in the Dolphin-inn gateway, with his horse in his hand. I told him what I came after, he said he knew nothing of the affair; I had him searched, he had only a guinea about him, as we could find. The other was taken in Bread-street, at the Shipalehouse, he was searched, but I was not by. I was informed he had only a little silver upon him; he was brought to Conway, and they were both taken before the sitting alderman.
Q. What did they say for themselves?
Ward. They said, they knew nothing of the affair; but rather than be brought to shame, by being exposed to the public, they would give me my money again.
Q. How soon before these men came in, had you seen that money?
Ward. I saw it in the bureau that morning, it may be half an hour before.
Q. Had any body been in that room from that time, to the time the prisoners were there?
Ward. I cannot pretend to swear as to that, because I was up stairs a minute or two.
Q. Can you swear to the identity of the money?
Ward. I cannot. I suspected them on their manner of going off, they rode off at a great rate, I lamed a horse in going after them.
Q. Did they pay their bill?
Ward. They did, they had ordered a dinner.
Q. Did they counterorder that before they went away?
Ward. No, they did not.
Q. If you had not pursued them, do you think they would have returned again?
Ward. There was not much likelihood of that, they said they would have come back again.
Both Acquitted .
283. (L.) James Emblen , was indicted for stealing two pieces of woollen-cloath, called broad ells, containing 48 yards, value 5 l. 13 s. one other certain piece of woollen-cloth, called long ells, containing 24 yards, value 50 s. and three other pieces of woollen-cloth, the property of the united company of merchants, trading to the East Indies , in the dwelling house of Jonathan Wheebell ; and Thomas Pearce , for receiving the same, well knowing them to have been stolen , July 7 .~
Jonathan Wheebell . I am a callender, and live in Sherborne-lane, Mr. Webb and his servants look over the goods, I have, belonging to the East-India company. I had many pieces in the uppermost room in my house. On or about the beginning of August, I missed some pieces.
Q. From whom do you receive them?
Wheebell. We receive them from the setters belonging to the company. The first piece we mist, was a scarlet long ell, which I received of Mr. Goddard, there was of it 24 yards, more or less. I also missed two broad ells, them I received of Mr. Fleming, the other three pieces I received of Mr. Butler. After that, I missed other pieces; immediately I ordered my people to stop working, and take up a rest; that is, taking an account of the goods in the house, and comparing them with my shop-book. My apprentice Geo Bowes told me, that the prisoner Emblen had rang for him sometimes, at half an hour before six o'clock, and he would go in and stay may be half an hour, and go away, and perhaps he should not see him all the day after. Upon which I had a suspicion of him, and I went to my Lord Mayor, for a warrant against him. On Saturday the 22d of August, my apprentice came to me for the key of the street-door, and acquainted me that Emblen was at the street-door. I told him to take the key, and let him in, and take not the least notice of any thing, and I would be down soon, I went down, and took charge of the street door, and sent my apprentice to the east end of my house, that goes down a passage between Ab-Church, and my house, to see if any thing was thrown out at a window, for we did suspect things were carried off that way; the boy will give an account of what he saw. I remained in the shop, and in about 12 or 15 minutes, the prisoner came down. I asked him what he had been doing in my house; I should have told the court, that on the Thursday, missing the two broads, I sent word to Mr. Webb, what goods I missed, and that I suspected the prisoner (his servant.) Mr. Webb let me know, that he had discharged him about six weeks before. When I asked the prisoner what he did in my house, he said, he came to work. I asked him who he work'd for; he said, for Mr. Webb, I said, Mr. Webb says, you have not work'd for him this six weeks, and I have lost some pieces belonging to the East India company, and I believe you know where they are; and I do not intend to part with you,Thomas Hewlet , and a search-warrant, to search the house of Thomas Pearce , but I was not present when his house was searched.
Q. Do you know what it is to swear falsely?
Bowes. It is a very bad crime.
Q. What will be the punishment for so doing?
Bowes. The torments of Hell.
He is sworn.
George Bowes . I live in Sherborne-lane with Mr. Whebell. The prisoner used to work at our house: on Thursday, the 20th of August, we were examining the goods, we missed two broad long ells: I went and told my master of it, and told him, I thought it was very odd of this man coming in a morning, and ringing me up at about 25 minutes before six, and going in, and staying about a quarter of an hour, and going away, and never coming again all day. On the 21st we missed three blue ells; I went and told master of it; he said, he would watch the prisoner next morning. On Saturday we laid watch for him; he came in the morning, and rang at the door, and I went up and told my master; he gave me the key of the street-door: I went and let him in; he asked me for the bottom, I said I knew nothing of it (that is, a rowl of cloth, about the bigness of three fingers, upon which they rowl their silks of different colours.) He went up stairs, and my master came down and sent me to the corner, to see if any thing was thrown out at a window by Ab-church: that window belongs to the drawing-room, where the cloth-drawers work. I went, and saw a lame man in a light coloured coat, who went away when he saw me: he was looking up to that window. I saw Emblen look out at the window, but he put his head in presently: he came down in about five or ten minutes afterwards, and my master and the constable took him. I told my master, I had seen him looking out at the window, holding the sash with his hand. Master asked him what he wanted here; he said he came to work; master said, who for? he said for Mr. Webb; master said, Mr. Webb said, he had been discharged from him six weeks; master told him he had lost six pieces, and he believed him to be the man that had taken them; he said, he knew nothing of them. I went with the others to take Thomas Hewlet , the same man that I saw looking up at the window; he is here, the next witness.
Thomas Hewlet . I am a shoemaker by trade. I have known the prisoner Emblen (he is a soldier) about 18 months. The first time I saw him was at the Half-moon, Aldersgate-street, in the kitchen; I have seen him there several times since. I think, about the beginning of August last, in that kitchen, he said to me, Mr. Hewlet, will you do an errand for me to-morrow morning. I asked where: he told me, I was to go just by St. Mary Ab-church, Cannon-street, and he would give me a shilling for my trouble; I asked him what time I was to be there; he said about six o'clock, or a little after: according to his desire, I went; he said, I shall not come down stairs to bring the things to you, I shall fling the parcel out, at the window to you, and do you carry it to Mr. Cape's, a barber, in Half-moon alley, Aldersgate-street: there I was to leave them for him, till he could call for them. I went, and he flung a parcel out at the window: this was about six, or a few minutes after. The window is, I believe, about three stories high, facing the church: the parcel was tied up in an apron and hanker-chief: the parcel looked red; but what was in it I do not know. About nine, that very day, he came, and brought me a shilling, to the place were I work, I keep a cobler's stall, in Bartholomew-close; he asked me to drink part of a pot of beer, which I accepted of. I think I saw him the next week following; then he asked me if I would go again: I did, and did the very same as before, and carried the parcel to the same place; he told me, they were goods of his father's, and that he acted as a factor for his father in London: that his father lives in the country, and was a clothier. I think this bundle was bound about with a coase apron, and two handkerchiefs, one red and white, the other a
Q. Do you know how he got into the house?
Hewlet. He knock'd with his knuckles, and called Georgey.
Q. Did you see him make his appearance at the window?
Hewlet. I believe I was about five minutes there, before I saw him at the window.
Q. Did that window belong to the house where you saw him go in?
Hewlet. I believe it does, he flung down a parcel, I can't tell what it was, it was tied up in an apron and handkerchief, as the others, much about the same size. I carried that to Geneneral Blakeny's-head, and was paid a shilling for it; in the house where I carried it, he gave me a glass of two-penny, and a dram. On the Wednesday night, the 19th, he came to me again, to the Coach and Horses, I was in the Skittle-ground. He asked me if I would go again the next morning, and meet him at the Ax-Inn again, I was to be there by half an hour after five, or a quarter before six. I met him there at a quarter before six; I parted with him in Swithin's-Lane, he went up Sherborne-Lane, and I down Swithin's-Lane, into Cannon-Street. He said, he had not quite finished them, and he would not make me wait too long; I did not see him go into a house that time; I got there about six o'clock, the time as usual.
Q. How could that be?
Hewlet. It was not many yards round to go that way, this was the last time that ever I fetch'd any thing for him; he flung a parcel out of the window, much in the same manner and size as the other three. He followed me, and over-took me, just as I got into Cannon-Street, by St. Antholin's church; he had got a parcel in each side of his coat, which hung down long, it was as if it was between the lining and his coat, like a pocket.
Q. What day was this?
Hewlet. This was on the 20th. We went together to General Blakeny 's-head, then he took these two pieces out of his coat, and likewise untied the parcel that I had brought: he desired the girl belonging to the alehouse to lend him a needle: the two pieces were both blue; he took and fine-drawed them togeth er: they seemed to me as if they had been cut; then he took it into the tap-room, and measured it; it measured 23 or 24 yards and a half, I will not be positive; but am sure it was one or the other. My parcel was blue, just the same as that he brought himself; he said, it was Kersey; but I do not understand those things. This was the last time I went for him, till the Friday morning the 21st, he asked me to go then; he told me, he gave Mr. Whebell's boy half a crown at Christmas, for taking care that his master should not see him. So I went, on this Saturday morning, and watched a quarter of an hour, and never saw him look out; and then I came away without any thing; this time I met him at the same place, and went into Swithin's-lane, and then parted with him as before.
Q. How many times did you see him go into that house?
Hewlet. I never saw him go in but once.
Q. Did you see or hear any thing that last time, before you went away? Tell us the reason of your going away?
Hewlet. The true reason was, I believe, I watched about 15 minutes, and the window was not open.
Q. Did you see the constable?
Hewlet. I never minded him at all.
Q. Did not you perceive yourself watched?
Did you not see the lad?
Hewlet. I do not remember I saw him.
Q. How was you dressed?
Hewlet. I was dressed in a white frock, with a leather apron on.
Q. Are you sure the window was not open while you was there?
Hewlet. I am sure it was not, while I was there; that I will be upon my oath 20 time.
George Bowes . This evidence saw me as plain as I saw him, and then he made off.
Q Do you know whose house this was, that you saw him go into?
Hewlet. No, only as Mr. Whebell says, it is his house.
Q. Do you know Pearce;
Hewlet. I was once at his house; the other prisoner ask'd me once to go and fetch a piece from Mr. Pearce's house, that he would not buy; he asked me this at Mr. Ashward's. I went and fetch'd it from Mr. Pearce's, and brought it to the Blakeney's-head to Emblen. I do not know what he did with it, I never saw him sell a piece in my life.
Q. What is Mr. Pearce?
Hewlet. He is a piece-broker; when I came there the piece lay open, partly on the middle of the counter.
Q. Was it covered with any thing?
Hewlet. No. Mr. Pearce desired his youngest son to tie it up with a piece of packthread, and deliver it to me, which he did, and I carried it to Emblen.
John Webb . I live in Basinghall-street, I am a cloth-drawer. I imployed the prisoner Emblen one month during this year; but the year before I employed him a good deal; I discharged him I believe, about six or seven weeks before this thing came out; he worked for me at the house of Mr. Whebell. Mr. Whebell sent for me, and told me of this affair. I told him how long he had been discharged from me.
Q. to Whebell. These are of the same mark with an order of 40 pieces I had in the house, belonging to the hon. East India company. This number were missing, they are marked with B Y R in a frame as the rest, [ Looking on the mark. ] The piece of scarlet was missing about the beginning of August, and two others on the 20th of August.
Ernshaw. I bought two narrow pieces of the prisoner, [ Produced in court.] 24 yards each.
Whebell. These are of the very same sort of some I lost belonging to the company.
Mr. Baxter. I am a packer, and work for the East India company. [He deposed to the pieces having gone through his hands, and to the marks, &c.]
Mr Brown. I am constable, I searched Mr. Pearce's house, he produced a piece of scarlet, and a piece of blue cloth, these Pearce delivered to me. He said, he gave 25 s. for the scarlet, and 22 s. for the blue, and that he bought them of Emblen.
Mr. Whebell. about the 28th, or a few days after, Mr. Pearce came to me, and said, he had bought two pieces of Emblen, and was sorry for it, and that if he had known him to be what he then found him to be, he would have had no concerns with him; he offered to make me any satisfaction.
Emblen Guilty 39 s.
Pearce Acquitted .
The Trials being ended, the Court proceeded to give Judgment as follows.
Received sentence of Death 4.
Received Sentence of Transportation 22.
John Cade , otherwise John Bennet, Lucy Saunders, William Hall, Daniel Carrington , James Emblen , Charles Smith , Ann Prichard , Mary Squires , Richard Hitchings , Sarah Perrin , Jane Shaw, Ann Harrison, Elizabeth Beaumont , Elizabeth Brown , Rachael Heneque , Elizabeth Tapp , William Mason , Andrew Sockett , Thomas Barnard , John Furguson , Jane Cane , and Mary Hughes .
To be branded 6.
To be whipped 8.
Mary Dearing , Catherine Battin , Sarah Oxley, Mary Tickner , Maria Howell , Harriot Willson, Thomas Taylor , and Patric Quin; the last to be publickly whipped one Hundred Yards upon the Quay, near the Custom-house.