NUMBER I. for the YEAR 1761.
M. DCC. LXI.
King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery, held for the City of LONDON, &c.
N. B. During the whole Mayoralty of the Right Hon. Sir SAMUEL FLUDYER , Bart. the Price of these Proceedings for each Session will be only Six-Pence. A small Number are printed on fine large Paper for the Curious, Price One shilling.
BEFORE the Right Hon. Sir SAMUEL FLUDYER , Bart. Lord Mayor of the City of London; Sir Michael Foster ,* Knt. Sir Richard Adams , + Knt. Sir William Moreton , ++ Knt. Recorder, James Eyre ,~ Esquire, 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.
2. (L.) Mary Jarvis , spinster , was indicted for stealing one woman's fan, value 2 s. nine yards of silk ribbon, value 4 s. two yards of thread lace, value 3 s. five yards of edging, value 2 s. twenty-one yards of stay lacing, value 3 s. ten yards of linen cloth, one yard and a half of diaper linen, one yard of muslin, and one pair of cotton hose , the property of Ann Parkinson , spinster , Nov. 9 ~
Ann Parkinson . I live in Coleman-street , and keep a haberdasher, / linen, and hosier shop; the prisoner was my servant for about eight months. I had missed things from time to time; the first of my finding the prisoner out was on the 9th of November; there were some things found by Rebecca Mattocks in a tin kettle; she told me of it. I taxed the prisoner with taking them. She confessed she had taken them the 8th, being the Sunday, while I was at church in the morning. There was of it a piece of cheque, some ribbon, and silk lace, such as we make capuchins of. She was examined before Mr. Alderman Alexander on the 13th, and that night Mr. Turner brought me some things that he found in his house; six or eight yards of linen, one yard of muslin, a yard and half of diaper, and
Mr. Turner. I was before Mr. Alexander at the mansion-house when the prisoner was there. She had lived servant with me before; I brought her up from a child. She directed me to a lumber-room in my house. I went there, and upon, or rather behind, a parcel of chips, I found the things the prosecutrix has mentioned, tied up in a handkerchief. She used to come to my house at holiday time, or on Sunday. My wife brought her from the country. She bid me carry them to her mistress. She behaved well while with me. She is very young. If the court will order her corporal punishment, I will take care and send her into the country to her friends.
I have several here to my character.
Anthony Pearce , who had known her between four and five years; Amy Cook , from a child; Jane Hicks , four years; Mary Rowlet , between three and four; John Lewis and John Chearman , four; Caleb Ray , two or three; all speak well of her as to her behaviour before this fact.
Guilty 10 d.
Robert Maris keeps a shoe-maker's shop in Holbourn . The prisoner went into the shop to inquire after a person, which, she said, lived in the neighbourhood; and, at going out, was observed by a neighbour to take a pair of leather clogs that hung in the window. The neighbour informed the apprentice, who pursued and took her with the clogs upon her.
Guilty 10 d.
4. (M.) Lettice Fleming , spinster , was indicted for stealing four linen napkins value 4 s. three linen table cloths, value 2 s. one linen handkerchief, value 6 d. one linen shift, value 2 s. and one towel, value 6 d. the property of Margaret Nicholson , widow ; one sattin hat and one cheque apron, the property of Rachel Eveling , widow , Oct. 24 . +
I asked her if she knew of the things. I then missed a napkin and two table-cloths. She said she had let the prisoner come into the house on mornings unknown to me. She went and found the prisoner, and brought her to me; who, upon being asked concerning the things, confessed to the taking them, and several other things that I had not missed. She said my maid had let her in to help her one morning, and she had taken them at different times. She had a cheque apron on, Rachel Eveling 's property. She had pawned the other things at five different pawnbrokers. I sent the money by my maid Margaret Porter along with the prisoner, and they went and got the things out. [The goods mentioned in the indictment produced in court, and deposed to]. The prisoner owned before Justice Welch, that she had taken these things away.
Q. Where had these goods been used to be left?
M. Nicholson. some of them used to be in the parlour in a chest of drawers, and some were in the foul cloaths bing.
Elizabeth Anson . I was servant to Mrs. Nicholson, and left her service the 24th of October. I always took the prisoner to be a very honest girl. I let her into my mistress's house four mornings to help me forward with my work; they were the Monday, Thursday, Friday, and Saturday, and I went away the Saturday night.
Q. How long was she in at a time?
E. Anson. Not above an hour in the morning. I let her in about seven o'clock, and she did business in cleaning the parlour and kitchen.
Q. Did you leave her alone?
E. Anson. I did. I never saw any thing about her when she went away. I know all these things here produced to be Mrs. Nicholson's property. I found the prisoner in St. Giles's after my mistress sent for me, and asked her if she knew any thing of the things missing. She owned she had taken them, and they were in pawn; and said she had not money to fetch them out. She went with us when they were taken out; at a pawnbroker's in Hanover-yard we had two table-cloths; at another in St. Giles's we had two napkins, a cap, and a few odd things; at another in Smart's Buildings we found a shift. The prisoner had Rachel Eveling 's apron on when I found her.
Prosecutrix. The justice asked the prisoner if Elizabeth Anson knew any thing of her taking the things. She said the maid was innocent, and knew nothing of it; and that she took them out of my house herself.
Elizabeth Hicks . I am wife to John Hicks , and live in Doctors Commons. I was going up the gallery stairs to the play at Covent Garden , on the 27th of November at night. I felt my cloak twitched from my shoulders, I could not tell who took it, there being a great croud of people. I saw the prisoner just behind me, upon my right side, and begged of him to keep a little from me, and he kept close to me. I spoke to the door-keepers, and desired if they heard of any body who had taken up a cloak to stop it for me; after that a woman came and told me, that, by inquiring of Mr. Abbot at the stage-door, I might have my cloak again. I went and gave him the description of it, and he shewed it me. This was after the play was over. [Produced in court, and deposed to].
Henry Abbot . I open the playhouse doors always about four o'clock. I had often seen the prisoner about before, sometimes going up the stairs. I observed him that night, the 27th of last month, very busy, with his hands under a lady's cardinal. I had suspected him some time of being a pickpocket. After that he went up into the gallery, and I watched his coming down again; which was in about twenty minutes time. I believe he was suspicious of my design to lay hold of him; he made a push, and ran away through the pit passage towards Bow-street. I ran after him, and a little before we got into Bow-street I seized him, and he dropt a handkerchief out of his left hand the minute I laid hold of him. I took him to Justice Welch's, and searched him, and took six handkerchiefs more, a tobacco box, a woman's cardinal, and two pair of gloves. First he said the cardinal belonged to an acquaintance of his, and he was to take care of it for her; afterwards he said he found it.
Richard Armingtide . I have seen the prisoner divers evenings about the playhouse. I saw him that night as soon as the door was opened; there was another man along with him, but he ran away. I saw the prisoner searched, and the cardinal taken from him. When I came to the tobacco box, I said, What have you got there, tobacco or snuff? He said tobacco, he believed. [The handkerchiefs and cardinal produced, the cardinal deposed to by prosecutrix].
I was going up stairs into the two shilling gallery. There might be three or four hundred people endeavouring to get up as fast as they could. I went up to the door, and the door keeper said there was no room. I waited upon the, the space of a quarter of an hour before I could get down; and going down stairs I touched something soft under my foot, just by the door. What should that be but a handkerchief; I saw part of it. I said, here is something here, madam; will you be so kind to stand on one side, here is something under my feet? The gentlewoman stood on one side, and said there is something indeed. I went to the door, and pulled the door back, and there were all these things. I took them up in my arms. Ah! said they, you have got something indeed. I hallowed out, gentlemen and ladies, do you know any of these things? One said they did not, and another said they did not. Coming down, some of the people said this man has found some things; then they laid hold of me as I was going home, and to be sure they found the things about me; but I am very innocent of wronging any man of these things. I never saw that gentlewoman in my life before.
Q. to Abbot. In what part about him did you find these things?
Abbot. Some of the handkerchiefs were in his bosom, some in his pockets, and none of them dirty.
For the Prisoner.
Philadelphia Hatton. I am wife to John Hatton ; we keep a broker's shop. About a fortnight ago, I can't exactly tell the day, the prisoner at the bar took a copper tea-kettle from off a board at my shop door, and put it under her arm. I saw her, I went and took it from her. She abused me very much; she did not carry it at all.
Ann Chickborn . I saw the prisoner, as she was going by the prosecutor's door, take up a tea-kettle, and endeavoured to cover it with her hat and basket. I was at this time on the other side of the way, Mrs. Hatton laid hold of her; the prisoner d - d her eyes, and said if she would not prosecute her, she would prosecute Mrs. Hatton.
I never touched the tea-kettle. God bless you! dear Gentlemen all, I never said such words: I never wronged any-body of a Farthing in my Life.
Hen Wells . I was coming along Covent Garden on the 29th of Nov. The prisoner desired me to go with her, and treat her with a glass of wine. I told her I could not afford that; but, as she seemed to be good-natured, I would give her a pint of purl. I went and gave her two pints. I said I was going to Tower-hill. She said she was going as far as the Fleet-market. I said I did not want any company. She came as far as Somerset house, and desired I would go down the Yard, having, as she said, something particular to say to me. We went to the back stables in Somerset house yard , where the coaches are; there she took the watch out of my pocket, and bid me a good night. I know I had my watch when I was in her company, for I looked at it. I missed my watch as soon as she wished me a good night. I went after her, but could not find her.
Q. Did you feel her take it?
Wells. No, I did not. I asked the men if they saw a woman? They laughed at me. I overtook her in five minutes time, and challenged her with having my watch. She said she never saw me in her life, neither did she ever see my watch. I said, I am certain you are the woman I was with, and you shall go before justice Fielding to night. There came up a gentleman or two, who said, If she has it, if you do not look sharp, she will drop it. Just by Somerset-house Gate, as I was bringing her along. She put her hand into her bosom, and took out my watch, and was going to throw it over the pallisades. I stopped he hand, and said, Gentlemen, you see she has got my watch. I took hold of the string, and she let it go, and I put it in my pocket. [Produced in court.] This is the same watch, my property. I carried her before Mr. Fielding, and gave the same accounts as here. I don't remember he asked her any questions, but committed her.
He picked me up about the Piazzas in Covent Garden; I was very much in liquor, having drank some purl with a young woman. This gentleman asked me to drink. I went with him to drink some purl, and, after that, I do not remember where I went with him: I do not remember seeing the watch.
Guilty of stealing, but not privately from his person.
8, 9. (M) Elizabeth Clements , otherwise Smith , was indicted for stealing one white ground striped thread and cotton counterpane, value 4 s. ten yards of striped and flowered muslin, value 3 s. eight yards of narrow striped ell-wide muslin, value 4 l. seventy yards of broad striped yard-wide muslin, value 40 s. six yards and a half of white calico, value 16 s. ten lawn flowered bordered handkerchiefs, value 40 s. twenty yards of flowered lawn, value 4 l. twenty-six yards of minionet, value 4 l. fifty yards of linen cloth, value 3 l. 15 s. five blue stone necklaces, value 12 s. one red stone necklace, value 4 s. one purple stone necklace, value 4 s. one other dark red stone necklace, value 4 s. one light coloured stone necklace, value 4 s. two pair of purple stone ear-rings set in silver, value 14 s. one pair of purple drop ear-rings, value 7 s. one pair of blue ear-rings, value 7 s. one pair of light coloured ear-rings, value 7 s. one pair of mother of pearl ear-rings set in silver, value 7 s. one pair of green stone ear-rings set in silver, value 7 s. one pair of blue stone ear-rings set in silver, value 7 s. one purple ear-ring set in silver, value 2 s. one blue coloured ear-ring set in silver, value 2 s. one red coloured ear-ring set in silver, value 2 s. one green coloured ear-ring set in silver, value 2 s. one light coloured ear-ring set in silver, value 2 s. three stone breast buckles set in silver, value 12 s. one red stone breast buckle set in silver, value 2 s. four yellow stone breast buckles set in silver, value 4 s. twelve plated patch boxes, value 20 s. six pebble patch boxes, set in silver, value 1 l. 4 s. one paper patch box, value 1 s. two cornelian seals set in silver, value 8 s. five glass smelling bottles set in metal, value 12 s. six metal watch trinkets, value 1 s. four watch keys, value 3 s. six plated snuff boxes studded with silver, value 12 s. four paper snuff boxes, value 4 s. four enamelled snuff boxes, value 8 s. one enamelled snuff box and smelling bottle, value 5 s. eight tortoiseshell pocket books, value 16 s. one metal chased watch case, value 10 s. five metal sleeve buckles inlaid with steel, value 5 s. eight hundred yards of riobands of various colours, value 20 l. five silk handkerchiefs, value 15 s. twelve silk and cotton handkerchiefs, value 1 l. 4 s. one red gause handkerchief, value 2 s. one red and blue gause handkerchief, value 2 s, four needle cases, value 4 s. nine metal stay hooks inlaid with silver, value 12 d. three stone hooks set in metal, value 2 s. twelve pencils, value 6 d. two box combs, value 6 d. six horn combs, value 12 d. six combs cases, value 12 d. one pair of iron natcrackers, value 3 d. one steel breeches waist-band buckle, value 6 d. three green silk purses, value 6 d. four white thread purses, value 12 d. two pair of white thread mitts, value 2 s. one pair of black silk mitts, valueMary Jane Langham , in the shop of the said Mary privately ; and William Smith for receiving part of the same, well knowing them to have been stolen , May 7 +.
Mary Jane Langham . I keep a shop in Red-Lion Street, Holborn , and keep country fairs with goods . I began to miss goods in January last, and on to May. Many of them have since been found at pawnbrokers shops. Elizabeth Clements was chairwoman to my lodger, and sometimes used to work for me, when I had occasion, in mending of things. She came first to beg for work about the beginning of January last, and worked for me at times till she was taken up in my house on the 12th of November last.
Q. Did she lie in your house?
M. J. Langham. No, she did not. I first took up one Cooksey, about the 17th of May, who had used to go on errands for me, and work for some of my lodgers; but I was soon satisfied of her innocence, and Justice Welch discharged her. I was sure the prisoner had taken some things the day before I took her up. The prisoner Smith and she lived together as man and wife. I got a search warrant, and took Mr. Clay and another constable, and went and search'd their lodgings. She gave us the key of the door at Mr. Welch's. There I found a considerable quantity of goods, watch trinkets and other things, hid in a paper bag behind a bolster: here is one particular etwee and snuff box, which I can be very positive to, found among the rest. [Producing it, with several other things, necklaces, &c.]
Q. What may these be worth?
M. J. Langham. They are worth 40 or 50 shillings. I know them all to be my property: Her lodgings were at Mrs. Mears's in Eagle-street, near the Horse and groom.
Q. Did you see Smith at her lodgings?
M. J. Langham. No, I did not. The account she gave me for herself was, that she was forced to rob me by the ill usage of her husband, as she then called him: she said her memory was so bad, that she could not recollect the particulars; but she had pawned a great many things at Mr. Bibby's. She went there along with us: she asked for six or seven boxes; they produced eleven patch boxes and snuff boxes. [Produced in court.] The prisoner helped me to pack up these in a hamper, in order to go to Blackheath fair, about the beginning of May. She said, she had sold the counterpane in Mount-street, to Mrs. Rhemas. We went there and found it. [ Produced in court.] This was in my house the beginning of May. I am charged four guineas and a half for it, in case I do not return it where I deal. We found some pawnbrokers tickets in her lodgings, which directed us to Mr. Watson's a pawnbroker. We went there, and found six tortoiseshell pocket books and many boxes. [Produced in court, and deposed to.] Those were in my shop between January and May last. Here are also a great many other things which I found there my property. I found also, by the prisoner Clements's directions, a necklace at Mr. Chaliner's, and some ribbands at Mr. Meads's, and an apron at Jane Jackson 's. These I was informed were sold by the prisoner Smith. I took out a warrant against him, and found him in the house where he and she lodged. I miss a great quantity of goods that I cannot find; but Clements said at the Justice's, that when I turned my back, then she used to take things out of my shop.
Q. When did you first see Smith?
M. J. Langham. I first saw him when we took him, the same night as she was taken up on the day. He was carried to Justice Welch's. He persisted in it that he knew nothing of the matter till the next day, when he was re-examined: then the Justice desired him to give an account of what he had done with the things. This was after he was searched, and a pair of buckles and three stayhooks were found in his pocket. Then he own'd to the apron that was produced to him, that he had sold it to a woman, that is now sick in her bed, for 12 s. her name is Degell. [The apron, buckles, and staybooks produced, and deposed to.] Smith was asked where he had these things? He said, he had them of Betty, (meaning Clements.) The apron was cut from a piece of muslin which she own'd she had taken; and she said, he had it of her with other goods to sell. He owned also that he had had a necklace and some ribbands of her, which we had found. He owned to nothing but what we had found. This muslin that this apron is made of, I sell for 7 s. a yard, and here is two yards of this.
Q. Did you ever trust the prisoner Clements to sell goods for you?
M. J. Langham. No, never.
Mr. Clay, the constable, confirmed the account given by the prosecutrix as to Clements's confessing she stole the goods mentioned, and carried them to Smith, their finding some at their lodgings and pawnbrokers; and that Smith owned he had sold the apron to Mrs. Degell, and begged Mercy of the prosecutrix.
M. J. Langham. I have all the reason in the world to believe this my property; it is the same stripe of that I lost, and every way answering to it.
M. Mead. He is a carpenter.
Q. Do you know Clements?
M. Mead. I never saw her before, to my knowlege.
Ann Chaliner . I never saw the woman at the bar till in this place: I live at the Horseshoe and Magpie in Middle-row. I bought a yard and half of ribband and a necklace of the prisoner Smith. [Produced in court.] I believe I bought the necklace five months ago.
M. J. Langham. This necklace is mine; and the ribband, with the other ribband bought by Mrs. Mead, are of the same sort that I lost.
Eliz. Griffin. I bought a piece of muslin of Mrs. Degell.
Q. Was Smith by at the time?
E. Griffin. No, he was not.
Eliz. Hutchinson. I remember passing through the room of Mrs. Degell, when a man was selling her some muslin; but I cannot say I know the man.
Mrs. Mears. I live in Eagle-street. The two prisoners lodged together in my house about three weeks or a month.
Q. How long is that ago?
Mrs. Mears. About a month ago. She took the room for her husband, and herself, as she called him. They passed for man and wife: I never saw any of these sort of goods upon either. He passed for a carpenter.
Q. How long have you known Smith?
C. Barlow. I never knew him till after he was taken up.
Mrs. Langham entrusted me to sell goods for her when she has been out of town, and wanted me to go to fairs with her.
I always thought she was trusted to sell things for Mrs. Langham. I know she used to be at her house, and sell things for her, and go about on her business; not that I was there myself. These things I sold. That apron I believe to be the same: I thought she had it of her mistress to sell, and never knew to the contrary. I know she has been trusted with a great many things; I never knew she would wrong any body of any-thing, but I can never believe she had a quarter of the things she is charged with.
Q. to Prosecutrix. Did you ever trust Clements to sell Goods for you?
Prosecutrix. No, only once. She had an India handkerchief of me, to put about her husband's neck; but she never had any of those goods to sell for me.
Mrs. Barlow. I know Mrs. Langham has trusted Clements to sell Fire-works on Illumination Nights I have seen her helping in the shop on such nights, but I do not know she ever trusted her with any thing else in the shop.
Mrs. Foreman. I know the prisoner Clements used to be to and from in Mrs. Langham's house; but I never knew her to employ her in any particular thing but in fire-works; if she had, I should have known it, for I had used to employ her myself. I have often heard her talk of her husband, but I never saw Smith till before the Justice.
Mr. Silvester. I have known Smith from his infancy; he is a carpenter, and was some time with Mr. Philips, the king's carpenter; he bears a good character.
Q. How long is that ago that he worked with him?
Silvester. It may be four or five years ago: He received by my order eight or nine pounds at a time. Last June I ordered him eight pounds by way of encouragement to him to mind his business: He is related to me.
Q. What business has he followed lately?
Silvester. He has not visited me so often within this twelve months past as before.
Mr. Crawford, Mr. Denne, Mr. Morison, and Mr. Crown, who had known him from a child, Mr. Perry thirteen years, and Mr. Stevenson seven, speak well of him as to his behaviour before this.
Clements Guilty Death .
Smith Guilty .
John Morris . I am a servant to the prosecutors, Messieurs Barrow and Reynolds, Oilmen . I think it was the 27th of October the prisoner and another cooper were hooping of casks in our cellars. They went to dinner at one o'clock, and returned again about four. Their work was in the vaults that run under the warehouse a great length. After they were gone down some time, I went down, and cry'd, Below. Nobody answered: I went down farther in the vault, and cry'd Below again. No answer yet. I went to the place where they were at work, and
Q. What was his name?
Q. Who did the runlet belong to?
Morris. I do not know; we have several such. I imagine it to be my masters.
Q. Did you see the prisoner do any thing to the runlet or capers?
Morris. No, I did not see him touch them; but they had been taken out of the buts, and put in by somebody. The next evidence can give an account.
The accomplice being unsupported by any witness of credit, as Morris could give no account of that carried away the 26th, the prisoner was acquitted .
John Reynolds . We took up the prisoner and Foliot after we had received the account of a parcel being found, put up ready in order to be taken away. We had them before the fitting alderman, and at Guildhall coffee-house. The prisoner acknowledged he had put up the capers in the runlet, in order to take them away; and intended to sell them to Israel Woolse.
Q. Did he mean them on the 26th mentioned in this indictment?
Reynolds. No, he meant those found in the cellar on the 27th.
Hen. Foliot. On the 26th of October the prisoner and I took out a runlet of capers; and Woolse received them of us, and was to pay us when he sold them.
I am not guilty.
He called the following persons to his character.
Samuel Thomas and James Merrick , who had known him from an infant; Edward Bowman , twenty years; John Roose and Joseph Buck , the same; James Quince , seven; John Higginson , from a child; John Pricklow , from before he went apprentice; John Hestings , four years and a half; Benjamin Worthy , twelve; and John Haugh , eight or nine years; who ail gave him a good character.
For the Prosecution.
On his cross-examination, he said, he had acquainted most of the witness for his character of his bad behaviour; that he had a very bad character; that for two years past he lay out at nights, sometimes two or three nights in a week, and sometimes for a week together, and gone into loose company; and that he has been afraid of being robbed by him.
As his confession mentioned by Mr. Reynolds was to the capers in the first indictment, and nothing mentioned relating to those on the 26th by any of credit to support the accomplice's evidence, he was acquitted .
John Rogers . On the 28th of October I was in Guildhall , I was not there a minute before I felt something at my pocket. I turned myself about, and saw the prisoner at the bar putting my handkerchief as fast as he could between the bib of his apron and his waistcoat. I accused him with taking my handkerchief. He said he had no handkerchief about him; but, upon my taking hold of it, he said he found it upon the ground, and had asked many people if it was theirs, but no body owned it, and he then thought it his own property. [The handkerchief produced in cou rt, and deposed to.]
Q. How near was the prisoner to you?
Rogers. He was close to me.
As I was going into the hall there lay a handkerchief by that gentleman. I took it up, and asked two or three gentlemen, who were walking hand in hand together, whether they owned the handkerchief. They said, no, my lad. Then, said I, it is my own; and putting it into my apron, having never a pocket in my coat, he said it was
Prosecutor. He bid me search his pockets before I took it from his bib.
Prisoner. I am a copper-plate printer ; my master, whom I served my time to in Green Arbour Court, has been dead about half a year. Since that I have been ill of a fever, and the master that I work with now, in St. John's Lane, is ill, and cannot come to my character.
Stephen Ship . I keep a pawnbroker's shop , and on the 4th of November had taken in a flowered lawn apron of Elizabeth Lewis . about eleven or twelve in the day-time, and in the evening about eight or nine Mary Collet came in to ask me to fetch down a velvet cap that lay for about 6 d. that she said was her husband's. I left her in the shop by herself, and went and fetched it, and discharged her. I do not remember any body was in the shop by besides her. My usual way is, when I take in goods, to deposit them under the counter, and the next day take them all off, and put them all up in by warehouses till called for. When I came to book the things, the apron and some other things were missing. (The prisoner is one of the last women that I should have mistrusted). Then I thought to lay a scheme to find out the person that had taken the things. I gave it out about the Friday following, that I should be at home by myself, and I knew the prisoner knew that I had given it out. I placed a man at my window in the kitchen, which has a full view of the shop, and I had darkened the kitchen; the prisoner came in about five o'clock, and said, Ship, I want an apron that has been here some time. Then I said, you know that I am at home alone, and I can not go to leave my shop, and nobody here; I can't find it. Then she said, go and fetch that cap, that I brought again the other day. I went up into the warehouse, and took the cap, and came to the stair-head. I heard the gentleman that I had planted in the kitchen say to her, you would have robbed Mr. Ship's house if it had not been for me, I'll take my oath of it. Thinks I this man has been too rash, she has only attempted it. When I came down she threw me the money that was due to me, and said, look for the apron to-morrow, for that will be wanted. As soon as she was gone away, said the man, that woman is a thief, and I would have you take care of her; inquire into her character. I sent to Mrs. Geery that lives near me.
Q. Where do you live?
Ship. I live in Long-alley, Moorfields. I sent to her to know if she had such an apron as I missed at her house. I had informed the person whose property it was, that it was taken away, and she had brought an d left with me a piece of the same cloth to compare with it if I should hear of it. I sent that piece. Mrs. Geery let me know she had such an apron, which she took in of Mary Collet . She brought it, and the owner of the apron came, and said she would swear it was her property.
Q. from Prisoner. Whether any body else was at your shop that night you missed the apron besides me?
Q. Was you before a magistrate with the prisoner?
Ship. I was before the alderman; she said she found it.
Ship. This is the apron that was taken from under my counter on the 4th of November.
I was at Mr. Ship's shop, and Mrs. Saloway was there. Mr. Ship went and fetched my cap, it was not my husband's. I went home about my business; after that I went to this woman's house for a peny worth of cheese for my supper; something catched me and tore my pattin. I looked down and saw something; I took it up, and it was an apron in a paper. I said to my husband, I have found something here. I shewed it him, and the next day I went and carried it to Mrs. Geery, and said I wanted money on it. She asked me whose it was. I said it was a young woman's apron, and she lent me 4 s. on it. I had been at Mr. Ship's house since, and it is a wonder he did not say to me he had lost an apron.
Q. to Geery. Did the prisoner tell you whose it was?
Geery. She said it was a young woman's, and cost her half a guinea, and she saw half a guinea paid for it. I lent her 4 s. upon it, or at least I rubbed it off her score, as she owed me money.
Prisoner. That is right; for I owed her a score, and she had not 4 s. to lend me.
Guilty, 10 d.
Elizabeth Fielding , widow , was indicted for stealing one Flannel waistcoat, value 2 s. one pair of cloth breeches, value 4 s. the property of persons unknown; and one cotton gown , the property of John Lay , Nov. 10 ++
Thomas Barnival . I am a pawnbroker; on the 16th of November the prisoner came to me for a pledge. I was in the parlour, and my boy in the shop. I saw her raise her body over the counter; I imagined it was for some goods that we hang up behind the counter for sale. I said, pray what have you been doing? Nothing said she. I said, what have you in your apron? She said nothing, but some children's petticoats that had been fetched from another place. The boy at that time was gone up for her pledge; I was credulous enough to believe her, and let her go. About two hours after she came again; I was in the same position as before. She told the boy to go up for a handkerchief, which lay for 6 d. The boy came down, and said he could find no such thing. While the boy was gone up, she did as she did before; and it is my method, when I take goods in, to roll them up, and the papers upon them, and lay them under the counter. I went to her, and said you have taken something now. My wife came out of the dining room, and said she has got something; and, upon shaking her cloaths, down fell this gown from behind her. [ Producing it.] It is the property of John Lay . There were other things missing, which I suspect she took the other time; but I cannot recollect who they belong to. When I told her I was determined to prosecute her, and sent my son for an officer, she opened the door, and got over the threshold. I got hold of her, but she was too many for me, and got from me; but I got hold of her again about three doors distant from my house, and we had a tight struggle. I had hold of her left wrist, and got her up against a door, and held her till the constable came and brought her back. Then she made an escape, and ran up three pair of stairs; but we had her secured. I begged of her in the kitchen, if she had taken any things the first time, to tell me. At last she told me she had taken two flannel waistcoats. When she was before Mr. Welch, he asked her if she had any other things; she said she had not; she said she had pawned the waistcoats with a pawnbroker in Turnmill-street. I went there and asked for them, and the pawnbroker shewed them to me, and a pair of breeches that came along with them; but she would not acknowledge the taking of them. When I saw them, I remembered taking them in; but I cannot recollect of whom.
The prisoner said nothing in her defence.
John Gray . I was at Mr. Young's, at the sign of the Sun in Drury-lane . There were halfpence lay on the middle of the bar window, piled in six penyworths. I saw the prisoner lift up the window, and put her hand in, and take out halfpence several times.
Jos. Husey. The prisoner has used the house of Mr. Young to my knowledge three years. I went in there with her for a pint of beer; she and I sat in two boxes, back to back. I saw her lift up the bar window, and heard her take halfpence out. They lay told out in six penyworths; I cannot tell how many she took away. There were three shillings worth found upon her; and she sat all the time as if she had done no harm at all.
John Young . I keep that alehouse, these halfpence were my property; there two witnesses came and told me the prisoner was taking halfpence from under the bar window. It used to be fastened; but at that time it was not. I went to her as she was going out of the door; I took her back, and found three shillings in halfpence in her apron; which she told me were my own. She had three half pence, or five farthings, in the hand that did not hold her apron. She said they did not belong to me. I missed more; but I found no more upon her.
I was in liquor; but know nothing at all of the halfpence.
John Burgoine , Esquire. Sir John Arnott lives with me; he is a half-pay captain; his brother is lately dead, who was lieutenant colonel of the 54th regiment; Sir John was administrator to his brother, and all his regimentals and things were sent to him at my house, and he desired the whole might be sold. Several salesmen came to see them, and they not buying them, the prisoner, with another Jew , came and wanted to see them. I shewed them to them; they offered about a third less than what they were sold for.
Q. When was this?
Mr. Burgoine. I think it was about the latter end of March. They looked about, and saw a sash hanging up near the door upon a brass screw in the dining room. The prisoner said, is that to be sold? I told them it was; I offered it for a guinea. They bad me 18 s. I said it would make more money to any officer in the army, and took and hanged it up again; and they went away about their business andBenjamin Levi , bought it, and paid me for it. I solemnly declare I never sold it to either of them.
Q. Was that room locked up when you went from home?
Mr. Burgoine. No, it was not; I found my wife in it when I came home.
Q. Had you a suspicion of your servant maid?
Mr. Burgoine. No, I had not of her stealing it. I have had a thousand pounds in the house together, and never missed a farthing. I was angry with her, and thought she had been careless. The prisoner told me he had sold it in Monmouth street, and lost three shillings by the sale of it; this was the very day I took him up, before I took him before the justice; and he told the justice the same: After that, he told the justice he bought it of my maid; but he denied it afterwards, when he saw her.
Q. Did you see it hanging in that place after he was gone?
Mr. Burgoine. I did; but I suppose he might step in after I was gone, when the door was open, and take it.
Mary Upton . I was servant to Mr. Burgoine. There came two Jews to buy these things, as my master was to dispose of them; the prisoner was one of them. There was a silk sash hung up in the dining room by the door; they did not buy it. My master went out of town the day after. What became of the sash I know not, for I never saw it after. Though I went into that room every day, I did not miss it till my master came home. I was before the justice when the prisoner was there: He said before me, It was not this woman that I bought the sash of, it was her master; then he said it was not he that bought it, it was another man that bought it: I heard him tell the justice that he had the sash.
I am very innocent about the affair: I have sent for my witness; and I have sent for my character; another man that was with me went and bought it, and honestly paid for it, and sold it again.
William Grasing . I keep the White Hart tavern in Holborn . On the 26th of October the prisoner came into my house under pretence of selling a dying speech; there had been a man executed that day; she stood by the fire. Some time after she was gone, a person told me she had slipt a table-cloth under her cloaths (that person was very big, and I believe now lies in). She was brought back, and charged with it. She took a table cloth from under her cloak or petticoats, and delivered it to me. Then I charged the constable with her, and she was committed. [The table-cloth produced in court.] This is my property; here are the initial letters of my name upon it.
Indeed I was drunk, and know nothing of it.
Grasing. The prisoner has bore a very good character, and I believe she is industrious, and sells greens about the streets.
Guilty 10 d.
William Glide , the same being in a certain lodging-room, lett by contract to her the said Ann , &c. Oct. 23.~
It appeared the lodging room was lett to her husband. She was acquitted .
Richard Holmes . I keep a mercer's shop behind St. Clement's church . The prisoner came to my shop on the 13th of Nov. about five in the evening, and asked to look at some grey and white silk for second mourning. I shewed her some: She said it was for a gentlewoman; and while I was taking directions from her, where to send it, upon my slate, she took a piece under her cardinal, and was got out at the door, and a loose part of the silk fell from under her cloak, and hung down pretty low. I, seeing it, went and brought her back again: There was about a yard of the silk unrolled; she had taken the piece, roller and all. [Produced in court, and deposed to.] She intreated me not to proceed any farther. She could give no account of herself. I took her before justice Fielding, who was very well acquainted with her; there she acknowleged I found the piece upon her. She was committed to New Prison.
Q. Where was the piece to be sent? did she say?
Holmes. It was to be sent to a gentlewoman at the WhiteBoar, Piccadilly, by 9 or 11 the next morning, for the lady's approbation: She said she had no farther to do than to order it to be sent, and the lady was to pay me for it. [The piece produced in court, and deposed to.]
Q. How much is there of it?
Holmes. There is 18 yards of it.
James Cameron . I was standing at my own door, opposite Mr. Holmes's, and saw a lady looking at a piece of silk. Presently I saw him standing at the door, taking directions upon a slate; and the lady came out with a piece of silk under her arm, and part of it hung down below her cardinal, and almost touched the ground. I saw Mr. Holmes go and lay hold of the piece of silk and her cardinal, and bring her back into his shop. Then I went over. She begged for mercy; and hoped, as he had not lost any thing, he would not prosecute her, and she would never come into his shop again.
Q. to Prosecutor. Was the silk unrolled before she took it out?
Prosecutor. It was a little way, and was lying on the counter.
I had some things in a handkerchief, and happened to drink with a friend, and it got into my head, and I was really incapable, and I took it up instead of my handkerchief. I came from Bristol, and have been in town but three weeks. I came to see my husband that is ill, and there is not a friend in the world to do for him but myself: It was not my interest to take it away, but it was a mistake between that and my handkerchief.
Guilty Death . Recommended.
19. (M) Thomas Baker was indicted for stealing one featherbed, val. 12 s one bolster, val. 6 d. one rug, val. 6 d. two linen sheets, val. 2 s. and one blanket, val. 1 s. the property of Margaret Carrione , the same being in a certain lodging room lett by contract , &c Oct. 31 .~
Margaret Carrione . The prisoner lodged with me several years in a two pair of stairs room: I lett it him ready furnished at 18 d. a week. I was informed by one of my other lodgers, that he had carried a bed out. I went and followed him, and saw a corner of my rug hang out of the bundle. I desired him to bring them back. He said, if I would not go away, he would rip me open. I cry'd out, and people came about us, and he was secured. He had got the bed, the bolster, and the rug, in a sack. I took him before justice Fielding; he said there, he was going to make a little money on the bed.
Bridget Hughes . I lodge in the house of the prosecutrix, in St. Giles's: I saw the prisoner, with a large sack on his back, coming down the stairs. I saw the bed tick through a hole in the sack. I told my landlady; she went after him, and he was taken with the things.
Owen Dermont . I have known the prisoner ever since he lodged with the prosecutrix. I was told he came out of the house with a bed. I heard her cry murder in the alley. I ran to her assistance, and took hold of him. She desired me to take care of him till she got a constable. He owned he had taken them out of his lodging-room; and, before the justice, he owned he was going to make money of them, but he would give no account of what was become of the blanket and sheet.
I lived almost seven years with the prosecutrix; I buy old cloaths. When her husband was alive, I asked him to lend me a trifle of money, and he gave me leave to pledge some things in my room; and, when I had sold the things that I bought with the money, then I used to fetch the goods back
20. (M) Daniel Looney , Mariner , was indicted for the wilful murder of Joseph Shanks , by shooting him with a gun charged with leaden bullets : He stood likewise charged on the coroner's inquest for the said murder, Nov. 7 . ++
Robert Shanks . I am son to the deceased; in the year 1752, about the month of June or July my mother died; and very unfortunately, just after, my father going down to see the ship he late commanded, he fell in with a woman reckoned to be a common woman, the wife of the prisoner at the bar. They cohabited together for some time; and the prisoner being out of business, my father went and bought a sloop, and gave the command of her to him; and my father used to go to and fro to this woman, who lived in a mean low way; and his own character being excessively good, he could not bear to be told from time to time what a shame it was to go to this vile woman. I represented to him what I had heard upon the occasion; he seemed sometimes to give heed to what I said, and I did all in my power in order to bring him to reason.
Court. This may not be material on the present occasion: What do you know concerning the murder?
Shanks. In regard to that, it was on Saturday the 7th of Nov. I was at the Portugal coffee-house at the Royal Exchange, where a servant of my Brother-in-law came to me, and told me my father was shot.
Q. Is that servant here?
Shanks. It was a maid servant; she is not here. She desired I would immediately come down to the house to see him (I had not been there for some time).
Q. Where did he live?
Shanks. He lived at his own house, Worcester-street, Old Gravel Lane. I made the best of my way to my brother-in-law's, who lives near Bell-Dock. Wapping?
Q. What is his name?
Q. Where did the prisoner's wife live?
Shanks. She lived with my father at that time, as well as the prisoner; they all lived together.
Q. How long had they lived so?
Shanks. Ever since July 1752, not always in one house, but they always lived together when the prisoner was from sea. I went up stairs, where I saw my father lying in bed: I saw him alive, but senseless. I invoked him several times to speak to me, in order to see whether he knew me or not; he did not know me, he was quite senseless.
Q. Did you see the wound?
Shanks. I saw no wound: I could not bear to see it, in about three or four minutes time after he expired.
Q. Who did you see there?
Shanks. The prisoner's wife stood at the foot of the bed, very much intoxicated with liquor?
Q. What time of the day was this?
Shanks. I believe it was between eight and nine in the evening.
Q. Where was the prisoner at that time?
Shanks. He was at the next house, a public house. I did not see him. As soon as my father was dead, I went to a friend of mine, who lived hard by, to be informed where I should find a constable; and he and I went together, and found one. We came to this public house, where the prisoner was sitting in a back room, it was the sign of the shepherd and shepherdess. Somebody had him then in custody, but who I know not. I charged that same officer with him; and afterwards I charged that same officer with his wife; they were carried before justice Pell in Wellclose-square.
Q. What happened when you first seized the prisoner?
Shanks. Nothing at all; I could not bear to see him. The justice examined him relative to the murder: He then acknowleged the fact; I have his very words, I took them down in writing, upon his re-examination.
Q. First of all, tell by your memory what he said on his first examination.
Shanks. He then did acknowlege he had fired a gun, and shot the captain, but that he meant him no ill will. After this, on the re-examination on the Monday following, the 9th, at noon -
Court. You may read what you have wrote.
Shanks. He there declared before justice Pell,
"that he heard the deceased d - n him, and then he
"asked him why he d - d him: The prisoner then
"went into the kitchen to the deceased; and his
"wife went to the street-door, where abundance of
"people were gathered; and some little time after
"the deceased came into the passage or entry, and
"said, D - n you, Looney, where are you? Upon
"which the prisoner took up a piece, and said
"aloud, I will shoot any one that comes in to molest
"me; when the deceased rushed in upon him, and
"received the fire in his body. He then declared,
"that the gun was in its case, and that he did not
"know that it was loaded."
Shanks. No, he did not. I can say nothing more relative to the fact. In order to be convinced of that of the piece being in the case, Mr. Pell sent for it, and asked the prisoner whether that was the case belonging to the gun: He declared it was; upon which Mr. Pell looked at the end of the case, to see if there was any hole that the powder had gone through, and there was no such hole.
Q. Did you look at it?
Shanks. I did; there was no hole at all, nor mark of any powder or shot; I examined it all over.
Q. What was the case made of?
Shanks. It was made of a kind of listing, such as is usual for cases; it was quite whole, and seemed to be a new one.
Q. How long had this accident happened before you got there?
Shanks. I was told my father was shot about a quarter before or a quarter after six o'clock, and it was between eight or nine when I saw the gun.
Q. Can you say whether that lock had been fired off?
Shanks. I doubt not but that had been put to and fro several times by people in the intervals.
Q. Whose gun was it?
Shanks. I know very well that it belonged to my father; it was a very long gun, it was given him by a gentleman deceased.
Q. Do you know where it used to be put in that house?
Shanks. I never was in that house before, since my father lived in it; I would have brought it here, but, my father having left all his effects to that woman, I could not obtain it.
Q. Have you seen the will?
Shanks. I have the copy of it here.
Henry Hemer . I served part of my time to Captain Shanks , the deceased. I was with him at half an hour after five o'clock in the afternoon that day. I saw him and the prisoner in the kitchen together at Captain Shanks 's house. When I first went in, Captain Shanks and the prisoner's wife were in the parlour together. I had served him three years and a half before I went on board a man of war. I had been out; and, coming home, there was some money due from the Bluecoat Hospital, where I had my education, and I desired the captain to go and get that money, and give me a few cloaths. He said he would. While I was talking to him, Mrs. Looney went backwards into the kitchen; then I heard some words pass between the prisoner and she.
Q. Did you know the prisoner before?
Hemer. I did. I heard him say to her, It is very hard he could not have a halfpeny roll and butter for his breakfast, when he brought so much money home, Mrs. Looney came to the parlour, and told Captain Shanks what he had said. Captain Shank called, and said, Captain Looney , it is d - d hard I cannot live in peace and quietness in my own house. The prisoner was then in the kitchen, but he might hear him very well. Mrs. Looney presently went out of the parlour into the kitchen again. As soon as she got there, there were high words between his wife and he, and she called out to Captain Shanks to come to her assistance. Captain Shanks had not long been there before he called me. Then there were high words between the three. The prisoner had a sugar hatchet in his hand, it was a small one, with a hammer on one side, and the hatchet on the other; he made two or three blows at his wife with it.
Q. Did he strike her with it?
Hemer. He did, but not to fetch any blood, as I saw; it was upon her shoulder. He then threw that out of his hand, and went backwards into a little place, and fetched a small cleaver; he made a blow at her with that, and cut her on the left side of the head; after that, Captain Shanks went to push him out of the way, and he shoved Captain Shanks against the partition.
Hemer. I cannot say whether he struck or shoved him; I believe he went to separate them, that the prisoner should not do any more mischief. Then I went between him and the prisoner, and shoved the prisoner away with my stick. Then Captain Shanks and the prisoner's wife went into the parlour again.
Q. Do you remember what words were said?
Hemer. They were at high words, but what words I know not; the prisoner mentioned the words whore and rogue a great many times. Captain Shanks said, he would not be troubled with such people, for he would turn them both out of the house. With great persuasion the prisoner went out at the door, and said some reproachful words, and d - d them for whore and rogue. I saw no more of it. Then I settled the affair with Captain Shanks , and went home: I went from thence between five and six o'clock.
Q. Did you see a gun there?
Hemer. No, I did not then: I did after the murder.
Hemer. I saw him about ten minutes after. I came to the house again, upon the report of his being wounded, about seven o'clock. I saw him lie on his back on his bed in the chamber; I spoke to him, he made no answer.
Q. Where were the prisoner and his wife?
Hemer. She was in the chamber at the time, and I was told that the prisoner was in custody.
Alexander Crow . On the 7th of November last, about three quarters or half an hour after six o'clock, I was in a public house the next door to captain Shanks's. I was drinking a pot of beer. Mr. Shanks, the deceased, came in, and called Mrs. Bonherrin, the landlady, to come and see what distraction there was at his house. She went out with him, and I and two other young men followed them out to the door; that was John Newland and John Fergerson . We stood on the steps of Mr. Bonherrin's door; I listened to hear what was going on. I heard a man in Captain Shanks 's house call out and say, keep out of the house, or the first man or woman that comes in I'll shoot them. I don't know whether it was we will, or I will, shoot them. At that time Mr. Shanks was in the street along with the woman, close by his own door. Then we ran down the steps, and before we got down the musket was fired off. Mr. Shanks had then got within his own door; Newland ran into the captain's house directly. There was a woman in the entry. I ran in and shoved her in before me, and Fergerson followed me. When we came there Captain Shanks was lying on his right side, with his head against the skreen, and the prisoner was walking about in the same room; and I saw a gun lying on the floor in the room, but I can't recollect what part of the room.
Q. Was there any case upon the gun?
Crow. I am certain there was not a case on it. When I went in Mrs. Looney said, there was only powder in the musket; he is not shot, he is only frightened. She was raising his side up with a napkin, I thought he was not shot at first; for I saw no blood. He looked her up in the face, and said, You wicked woman, you vile woman, it is through you this has happened.
Q. Can you recollect, when you first went into the room, who was there?
Crow. There was only the prisoner, besides us that went in.
Q. How long after you got in before you saw Mrs. Looney?
Crow. I saw her soon after I got in; the house was full presently. There was one Mrs. Lane came in; she said, for God's sake, let us lift him up into a chair. Then the prisoner desired we would go with him to a Justice of the peace to deliver himself up. Then Newland, I, and another man, went with him to Justice Pell's; he was not at home. Then we went to Justice Scott's; he was out of the way. Then we brought the prisoner to Mr. Bonherrin's, and he sent me for a warrant to take charge of him.
Q. Had you seen the wound before you went out?
Crow. I had; it was on the left side, a very large one. I believe the deceased was in a night-gown. The wound on his body was bigger a great deal than a musket-ball could have made it; I could put two or three fingers in it; it was bleeding, and his shirt was full of blood.
Q. What did it appear to have been done with?
Crow. It appeared to have been done with fire arms?
Q. Did you hear the prisoner say any thing?
Crow. I did; he said he did not know how it happened; if he had killed the man he was very sorry for it.
Q. Did you hear him say who fired the gun.
Crow. No, I did not.
Q. Did you see the gun in his hand?
Crow. No, I did not; that was on the floor when I first saw it.
Mr. Shanks. He was arrested, and put into confinement in the Borough. I made application to the court last night for instructions how to get him here. Then I sent to know if he was come out of confinement. I had word brought, that he was out; but they could give no account where he was gone.
John Fergerson . On the 7th of November I was come from work, and was sitting at my lodgings at Mr. Bonherrin's; I heard a noise in the street. I went out upon the head of the stairs, and heard Mr. Looney say, he would shoot the first person that entered the door. I went with Newland and Crow.
Q. Where did that voice come from?
Fergerson. From out of Captain Shanks 's house, which was next door to the alehouse. I saw Captain Shanks in the street before his own door, and other people in the street. I turned into the Alehouse again, till I heard the report of the gun.
Q. How long had you been in the alehouse before you heard the gun?
Fergerson. I had not been in a quarter of an hour; the report came from captain Shank's. Then I went there, and saw him lying on his side, just by the passage in the kitchen, on the floor; and I lent a hand to help him into a chair. I was the third person who entered the house.
Q. Who did you see in the kitchen?
Fergerson. I saw the prisoner walking about there.
Q. Did you see a gun there?
Fergerson. I did; it stood upon one end against a chest of drawers.
Q. How long had you been in the kitchen before you saw the gun?
Fergerson. About a minute or half a minute.
Q. Was it in a case?
Fergerson. No, it was not; I am sure of that. I heard Mr. Shanks say something, but cannot tell what it was.
Q. Did you hear the prisoner say any thing?
Fergerson. No, I did not hear him say any thing.Shank 's cloaths off, to see where the wound was. I saw it; it was a large wound on his side; a fresh wound; it appoared to be made with a gun. After that I returned back to the alehouse, and left Looney in Mr. Shank's house.
Q. to Crow. When you came into the room, did you hear Newland say any thing to the prisoner?
Crow. He was talking to him; but what about I cannot tell. I heard the prisoner say, it was about a roll and butter that they had quarreled that morning. This he told to Newland. I felt about the prisoner to see if he had any more fire-arms about him. I heard him say, he had brought a great deal of money home for five or six years, and it was very hard he could not get a roll and butter.
Q. Did you hear him tell Newland how the accident happened?
Crow. No, I did not.
Q. to Fergerson. Did you hear the prisoner say any thing to Newland?
Fergerson. No; nor did I hear Newland say any thing to him,
Q. Did you hear the report of the gun?
M. Lane. No, I did not. I went in and saw Captain Shanks lie on the floor dying. A doctor was sent for to dress his wound, and they went to get him to bed. Captain Looney was at that time walking about backwards and forwards in the room.
Q. Did you see a gun there?
M. Lane. I did; it was lying on the floor.
Q. Had it a case upon it?
M. Lane. I cannot tell whether it had or not. I was affrighted.
Q. Did you hear the prisoner say any thing?
M. Lane. He said it was very hard he had worked so long for her, and could not have a peny or three halfpence to buy him a roll and butter.
Q. Did you hear the prisoner say how the accident happened, or what provocation was given him?
M. Lane. No, I did not; only about the roll and butter.
Q. After they had got the deceased up stairs, what happened then?
M. Lane. Then the doctor dressed his wound; some body asked him if it was proper to give him a little wine. I went down and mull'd him some; and I and another woman held his head up and gave it him. Then he lay down. I asked him if I could speak. He said, yes. I asked him, if I should send for his son? He said, no. Then he said, a poor innocent man killed; but never mentioned who killed him.
Q. Was you by when he died?
M. Lane. I was; that was about an hour and half after this.
Q. Where do you live?
M. Lane. I live in the next street to that where the captain did.
Q. to Crow. Is this the woman that you pushed into the house before you?
Crow. It is.
Q. What was the first thing you saw?
A King. The deceased lying on the floor; and I saw the prisoner walking up and down the kitchen.
Q. Did you see a gun?
A. King. No, I did not all the time I was there. I heard the deceased say, I am wounded, I am an innocent man. This was as he lay on the ground in the kitchen; and Mr. Looney made answer. flesh and blood was not able to bear it, for she would not allow me so much as a peny to buy me a roll and butter.
Q. Who did he say that to?
A. King. He said that to Mrs. Looney. A little while after the deceased said, I am an innocent man.
Q. Did you hear Newland speak to the prisoner?
A. King. No, I did not.
Q. Did you hear the prisoner say any thing else?
A. King. No, I did not.
Q. Do you know who fired it?
A. Bonberrin. I did, that night.
Q. Did you hear him say any thing?
A. Bonberrin. He said nothing in my hearing. I saw him likewise on the Monday after; but was not in the room with him; neither did I hear him say any thing, as I remember.
Mary Embley . I live facing Captain Shanks 's house. I was coming out at my own door, and heard a piece go off; but who let it off I cannot say. It frighted me very much. I can't say whether it was let off in the house or out of the house; and who was there I cannot say. I was wounded by it, it took away my senses; the shot went into my shoe, and touched the edge of my toe. There was a little bit of something in my shoe; I took it out and threw it away; I don't know what it was.
Q. How big was it?
M. Embley. It was about as big as the head of a pin, rather square than round.
Shanks 's door open or shut at that time?
M. Embley. I cannot say. I was just come out at my own door when the piece went off.
John Tear . On Saturday, November the seventh, as I was going to my house in Ratcliff-highway, I met a gentleman who asked me if I heard Captain Shanks was shot. I being intimate with his sons, I went to see if any of them were there. I had another gentleman along with me; I went up stairs. The doctor said, have you a mind to see the wound? He turned the body round, and shewed me the wounds; there was a ragged wound on his left side, into which he put his hand, almost all of it; it seemed as if it had been torn by pieces of lead; it went in on the left side and out on the right, so that there was a wound quite through the body. After that I went down stairs, and heard the woman in the house make a very great noise. The dog shall be hang'd, the dog shall be hang'd; meaning the prisoner at the bar. We went out of the house, and into the Shepherd and Shepherdess. I went up to the prisoner, and asked him, how he could be guilty of so rash an action as to murder Captain Shanks ?
Q. What time was this?
Tear. This was about nine or ten o'clock. He asked a gentleman that was by, if Captain Shanks was dead or not. The gentleman said, he was dead. The prisoner said he was sorry for it; for he had been the death of an innocent man. He walked about a little. Soon after he was carried to Mr. Pell; where he acknowledged, that he had been the death of an innocent man, and that he was sorry for it; that it was all through that vile woman, pointing to his wife with his finger; for she has been the whole instigation of it Mr. Pell asked him, I think, who the house belonged to, relating to him and Mr. Shanks. He said he knew nothing of the house belonging to him; and said he thought he paid the ground-rent; but was not sure. He said, the first falling out was about a roll; he said, It was very hard he had worked so many voyages, and she would not allow him a roll for his breakfast. I think he twice said before Mr. Pell, that he shot him.
E. Osmond. That was after he was in bed.
Q. How was that introduced?
E. Osmond. No body spoke to him; he was talking this to himself as he lay.
Q. Do you think he was in his senses at that time?
E. Osmond. I dare say he was.
Q. Did he mention any body's name?
E. Osmond. No, he did not, or who did it; he said I am an innocent man.
Q. Where were they when she was holding him?
M. Uxtaby. They were at Mr. Bonherrin's door. Who let the piece off I cannot say. I stood at my own door, so could not see how far he was got in when the piece went off.
Mr. Germain. I was at the public house next door to Captain Shanks 's. I heard the report of a gun, and went into the house. I saw a gun standing facing the kitchen door; there was no covering upon it. I imagined it to be Looney's house; it went by his name.
Mr. Towle. On the 7th of November, about seven in the evening, I was sent for to Captain Shanks 's. I found him lying upon some chairs almost dead, and the room full of people. I desired some of them to carry him up to a bed. When we had got his cloaths off, I found he had been shot in on the left side, and out again on the small of his back, on the same side, slanting downwards about six inches. It went through his lungs; because I saw the air of his lungs coming through his body. He must have been very near the mouth of the piece; for his banjan was scorched; one of his ribs was broke, and carried into his body, as large a piece as half a crown, or thereabouts.
Please you, my lord, in the morning we had some words. I went out to make peace, and dined with a friend over the water. Then I said I would go home, and see if my house is calmer now. When I went in, some words arose between my wife and me. This man ( meaning Hemer) was there in the room. He said, Mr. Looney, I came to settle with my captain; don't make any words, you was always accounted a quiet man. I took my hat, and went out of the house, and said God bless you. I had no design upon any person in the world; about seven o'clock I thought it high time to go home. When I came in this affair happened. Captain Shanks said he would rout me. I was in the kitchen; he and my wife went into the street. Rout me, said I, who shall rout me? I pay ground-rent and all taxes; it is not that man that ever was born that shall rout me. The gun happened to be there, I don't know who loaded her; I had not had it in my hand for weeks before. I said, that man, be who he will, man or woman, shall not rout me. As for any malice, I had none at all; I had no more malice against Captain Shanks than I had against my own heart. I took the gun in my hand; he run himself
For the Prisoner.
Morgan Tizard. I have known him upwards of fifty years; he was born at Weymouth, and so was I. I never heard but that he was a sober peaceable man, of a quiet disposition, far from that of cruel.
William Jinkins . I was at sea with him about the first commencement of the late French war. He was an officer over me. I have heard him reprove men when they have been guilty of passion and wroth. I never saw him use mankind ill in my life; a man of a very meek, mild disposition; I never saw him in liquor. He was a very compassionate man. He was master of a hoy; all under his command gave him the character of a good-natur'd man.
Joshua Young . I have known him seventeen or eighteen years. He was a very sober man, not passionate; but very assable and agreeable in conversation. I never saw him to have any words in wroth; he was always reckoned good temper'd, and I always thought him so in reality; but to be sure he has a sad wife.
John Willmore . I have known him thirty years; he bears the character of a good-natur'd man, and a very honest sober man, not quarrelsome nor cruel; a very honest man, I have taken a great deal of his money.
Barker Russel. I have known him between thirty and forty years. He was my father's cook, when I was his cabin boy. He was a very quiet honest man. I never heard the contrary.
Guilty Death .
He received sentence to be executed on the Monday following, and his body to be dissected and anatomized.
21. Robert Greenstreet , was indicted for petit treason; for that he, not having the fear of God before his eyes, but being moved by the instigation of the devil, on the 17th of November , did feloniously, wilfully, and treacherously, and of malice aforethought, upon Edward Souch , his master, make an assault, and with a certain knife made of iron and steel, value one peny; did strike and stab, giving to his said master one mortal wound, breadth one inch, and depth two inches, near his left ear; of which wound he languished till the next morning, and then died; by which means he his said master did kill and murder .
He stood likewise charged on the coroner's inquest for the said murder.
To which he pleaded Guilty . Death .
He received sentence to be drawn upon a hurdle to the place of execution on the Monday following, and executed; after which to be dissected and anatomized.
22. (M.) Christopher Flinn , was indicted, for that he, together with Samuel Rolk and Patrick Surridon not taken, on the king's highway, on Thomas Rouce , Esquire , did make an assault, putting him in corporal fear and danger of his life, and taking from his person two guineas and one half guinea, the money of the said Thomas Rouce , and against his will , Oct. 18 . +
Thomas Rouce . I was coming from Hampstead in a post chaise with George Seaton , Esquire, on a Saturday in October, I cannot tell the day of the month. We were going to Hackney. When we were near the Angel Inn at Islington , there came three men on horseback; one of them rode up to the postilion, and stopp'd him, the two others came up to us on each side, and, putting pistols to our breasts, with oaths demanded our money. I delivered two guineas and a half to one of them, and Mr. Seaton, I believe, gave six guineas and his watch to the other. Then they rode off the way that we came. This was before seven o'clock, and it was dark. I could not know their faces. The man that robb'd me had a brown coat on. I gave information of them, and a man immediately went after them; who can give a farther account. I cannot swear to the prisoner.
Q. Was your money in a purse?
Rouce. No, it was not.
Q. Is Mr. Seaton here?
Rouce. No, he is not.
Jos. Dingley. Just after the gentlemen were robb'd they stopp'd at my door at the Angel Inn in Islington. They told me they had just been robb'd by three highwaymen near my house, and described their horses. I could not persuade any body to go with me in pursuit of them. I got a gun, and went to the turnpike myself, and found three had gone
John Quiby. I keep the Horse and Groom, Holborn. I think it was on the 18th of October Mr. Dingly came to me: I had that day lett a horse to the prisoner, another to Rolk, and another to a person that called himself Smith, one was a grey, another a roan, and the other a dark brown.
Q. What time that day did they take horse?
Quiby. I think it was about 12 o'clock.
Q. Did they all go out together?
Quiby. They did, and returned about eight at night; I can't tell to half an hour.
Q. Did they all return together?
Quiby. They did. I was before justice Fielding when the prisoner was there; he was searched, and there was a seal taken out of his pocket.
Q. to Prosecutor. Do you recollect what kind of horses the three men were on that robbed you?
Prosecutor. No, I cannot say to that.
Thomas Wadington . On Sunday the 18th of October I saw three horses that those men rode; they were lett out of the yard where I live: I saw them ride out of the yard between twelve and one o'clock. I went out for a walk into the fields, and I saw them again near four o'clock go through the turnpike by Sir John Oldcastle's, near Clerkenwell Green, that goes on through Blackmary's-hole, to the new road; they were going out of town.
Q. Was the prisoner one of the three?
Wadington. I am sure he was; he rode upon a tall roan gelding. They came galloping as fast as they could ride: I halloo'd to them; and said to one of them, You'll break your girth; to let them see I saw them.
Dingly. It was the other gentleman that described the horses, who is not here.
(M) He was a second time indicted, for that he, on the king's highway, on Edward Yardley , Clerk , did make an assault, putting him in corporal fear, and danger of his life, and taking from his person one metal watch, val. 40 s. one gold seal, val. 30 s. and one half guinea, the property of the said Edward, and against his will , Oct. 8 . +
Edward Yardley . On the 8th of Oct. about six in the evening, it was dark, I was coming up Highgate Hill in my one horse chaise; two men came up to my chaise, one on each side, each of them put a pistol to my breast, and demanded my purse and my watch. They seemed to be in a pretty great hurry; they said, Make haste, make haste, make haste! your purse, your watch, make haste! I bid them be easy, and said they should have them.
Q. Was any body with you?
Yardley. No, I was alone; I was going to Highgate, and this was within a quarter of a mile of the houses. I gave them my purse, which had but half a guinea in it, and a metal watch with a shagreen case, and a white dial-plate; the maker's name Gray, no number (I believe); there was a common seal, and a cornelian seal set in gold, the seal was a greyhound on his master's monument, with a French motto to it; then they galloped away towards Highgate as hard as they could.
Q. Had they their faces covered, or not?
Yardley. It was too dark for me to see that: I cannot describe neither their persons or horses.
Q. Did you ever see your watch again?
Q. Was the prisoner by at the time?
Yardley. He was. (Produced in court.) This is my property, and what I was robbed of that evening: I have had it 30 years; this is the seal of a dog sitting on a monument; I have an impression of it here, which I have had by me some time. [Produced, and the seal put upon it; they answered exactly.
Q. Where do you live?
Steel. I live upon Finchley common, at the Windmill and Fighting Cocks; there came two men to my house about five o'clock; they hung their horses at the door, and came in.
Q. Which way did they come?
Steel. I was backwards when they came; I can't tell which way they came.
Q. Can you tell whether the prisoner is one of them?
Steel. I do not know; I made no remarks of them.
Q. What time did they go away?
Q. What coloured horses were they?
M. Steel. I do not know; they went away before six o'clock.
Q. Which way did they go?
M. Steel. They went away towards London.
John Quiby . The prisoner and another had horses of me on the 8th of October, I verily believe, but I cannot be positive; I know they had on the 9th, because I have that set down. The prisoner had a horse of me seven times; he and Rolk went out together several times. I lett the prisoner a roan horse very often; he is blind of the near eye, and a cut tail, and gauled on his shoulder by running in a chaise. The seal that the prosecutor has sworn to is the seal that I saw taken out of the prisoner's pocket at justice Fielding's; that was, I think, on the 22d of Oct. I remember the prosecutor said it was a grey hound on a monument, before he saw it. The prisoner said, that Sheridan found it in Covent Garden, and gave it to him.
William Marsden . I saw this seal taken out of the prisoner's pocket when under examination on the 20th of October. The prisoner was examined different times, because we know the seal to be Mr. Yardley's seal, by his descriptions of it to us. I live with Mr. Fielding; the prisoner gave different accounts of it, first, he said a man gave it him that is gone to Ireland, another time he said he found it in Covent Garden, as he was walking there one morning.
I can contradict him in what he says. It was made a present of to me. The next time they examined me, they asked me if I heard the man say where he found it. I said he found it in Covent Garden; the young man is gone to Ireland short of money, and I made him a present of half a guinea, between me and another man; I gave him 5 s. 6 d. and the other 5 s. I never robbed a man in my life. I believed that was pinchbeck; I knew no other till it was taken from me.
For the Prisoner.
Arthur Foster . I have known the prisoner from his infancy. I was at the Blue Anchor, Russel-street, Covent Garden; I cannot say the day of the month, but I believe it was some time in October, it was on a Sunday, there was a young man going home to Ireland, named Sheridan; we thought proper to make a collection for him to carry him home, as he was a labouring man; Mr. Flinn said he would contribute, and pulled out 5 s. 6 d. and I pulled out 5 s. which was all the money I had upon earth. There were three or four more. The money was given him; this is a thing usual with our countrymen when they are going home. He put the money in his pocket, and pulled out a seal; I never had it in my hand, it was a yellow seal with a red stone in it. Said he to Mr. Flinn. I have a seal that I picked up, you have a watch, and I never a one, I'll give you this seal. There were many in company, wishing him a good journey; I did not hear him say where he found it. We staid and had some punch. I never saw Mr. Flinn since, till I heard he was taken into custody. I have known him from his infancy, his character was always a good one. I have worked with him here.
Q. What is your business?
Foster. I am a Dyer; I worked for Mr Honor and Graham in Montague Close, on the other Side the Water.
The prisoner was found behind a warehouse door, where were some sugars near the customs house on the keys. The warehouse-keeper let him go about his business, and the next morning was found the sugar in a bag mentioned in the indictment; but as no account could be given that he put it there, he was Acquitted .
John Kent . I keep a haberdasher's and Milaner's shop in Houndsditch . My shop was robbed on the 9th of November, between six and seven at night; I missed a drawer of ribbands. A person came to me on the Tuesday sevennight following, and informed me a person had been with his wife the evening before, and offered such ribbands to sell; his name was Jones. I went to his house. I was informed by his wife who he was. I went and got a warrant; and, before I took him, he had surrendered himself. I charged a constable with him, and went and searched his house, but found nothing. Then I came back to him, and desired him to produce the person that he had them of. He did. I charged the constable with them both: I desired the constable to take care of them: He let both of them
Q. Did you ever see any of your ribbands again?
Kent. No, I never did.
Mrs. Jones. Saunders Joseph offered me a parcel of black ribbands to sell in November last, some single taffety, double taffety, pearl double, and broad edged ribband.
Prosecutor. I lost quantities of such.
Mrs. Jones. He offered them at fourpence halfpeny a yard, and the worst of them were worth more money; I would not buy any of it. After he was taken up, he produced the prisoner, and said he employed him to sell them for him.
Q. What is the prisoner?
Joseph. He is a poulterer by trade; he desired me to dispose of them as cheap as I could.
Q. What is it that you deal in?
Joseph. In snuff; my master does.
Q. Did you ever deal in ribbands before?
Joseph. No. The prisoner bid me take 5 d. a yard, but, if I could not, to take 4 d. halfpeny, for he wanted ready money.
Q. What did the prisoner bring them to you in?
Joseph. In a paper.
Q. Where did you tell Mrs. Jones they came from?
Joseph. I told her they came from out of the country, for I had not asked the prisoner where they came from.
Q. Where are they now?
Joseph. I do not know; my spouse delivered them when I was not at home.
Mrs. Jones. He told me they were a particular friend's of his, and they came out of the country; and another time he said he did not know the man.
Q. to Joseph. Did you tell Mrs. Jones you did not know the man?
Joseph. I did; I am no particular acquaintance of the prisoner.
Mrs. Kent. I remember the box of ribbands being lost about six o'clock, on the 9th of Nov. I was in the parlour at the time, there was nobody of our people in the shop; we saw a man go out of the shop so suddenly, we thought him to be a thief.
Samuel Lambert . I am Mr. Kent's servant. On the Tuesday sevennight after my lord mayor's day Mr. Jones came to our shop, and asked if we had lost any black ribband? I said we had. He said he lived in Petticoat Alley, and kept a Haberdasher's shop; and, if I went there, his wife could tell me further about it. He said, there were about 90 yards of different sorts of black ribband offered to her by a man. My mistress and I went there; Mrs. Jones told us where the man lived. I sent for him (that is, Saunders Joseph) to a public house, and told him I kept a little shop, and had an order for some ribbands more than I had got, and said, I was recommended to him by Mrs. Jones. He said, the man took them away last night; they are a particular friend's of mine, that lives at the other end of the town; I am going there, and I will inquire if he has sold them, and I'll let you know.
25. (M.) Thomas Aston was indicted for that he, on the king's highway, on Thomas Poulton did make an assault, putting him in corporal fear and danger of his life, and taking from his person one canvas bag, val. 1 d. and 50 s. in money, numbered, his property, and against his will , Nov. 16 . ++
Joseph Clack . I live at Maidenhead in Berkshire, and keep the sign of the White Horse. I guard the Bristol mail; the prisoner is or was a soldier belonging to Sir Robert Rich 's dragoons. On the 15th of of Nov. in the morning, he was saying his furlough was out. I said I can put you in the way how you shall get on, and get something towards your expences; you shall guard the mail to Hounslow, and I'll speak to the boy to let you go further on to London, as he was going to Essex. He said it was pretty near 40 miles from London. I set out about six o'clock to meet the Bristol mail, and met it. When I came back I said to my wife, Where is Aston? She said, He does not go, he has got his furlough renewed. I was going to set out myself; and just at the time he came in, in a blue furtout coat, and said, he proposed to go, and he would go. He set out with my horse and arms, in order to guard the mail to Hounslow; it was a bay horse, with a good deal of white about his nose, and a blaze; about 15 hands and an half high. He had these pistols (Producing a pair of horse pistols, with brass mounts), and he had a blue furtout coat over his regimentals, no boots on; there was a halter tied about the horse's neck, besides the bridle. He set out about ten at night; this was the 15th of November. I saw no more of him till about seven the next morning; then he was only in his regimentals,
Thomas Poulton . I drive the Bath Waggon; I set out from London last Sunday night, or Monday morning was three weeks, and was upon Hounslow Heath between three and four o'clock, at a place called Butchers Grove; a man came up to me, it was Thomas Aston .
Q. Look at him; be sure?
Poulton. I am sure he is the man that stopped and robbed me. I know him, for he and I quartered in one house the biggest part of 12 months. I was there four days and two nights in a week, and he the biggest part of the week. I knew the horse he rode very well. He was dressed in a blue surtout coat; he pulled out a pistol, and held it up against my breast, and said he must have my money.
Q. Did you meet the mail?
Poulton. No, that was got into Hounslow before I came by.
Q. Was it light or dark?
Poulton. It was a small matter foggy, not so bright as it is sometimes; but I saw the moon very plain, it was light enough to see the money when I pulled it out, or to see what o'clock it was. I delivered my money in a canvas bag to him, it was about 50 shillings; he had a handkerchief over his head and under his chin; he had no boots on. He said, if I made any more words, he would blow my brains out. One of these pistols here produced is very much like that he held to me; the horse was a darkish bay, a blaze on his face, and a great snip on his nose, and a halter tied about his neck. I went on with my waggon to Maidenhead, and the first thing I did was to change my bloody cloaths; for, after I gave him my money, he demanded my watch. I said I had no watch. He said, D - n you, you say you have no watch, and you have a watch; and he up with his pistol, and hit me a knock on my head, and see me a bleeding. When I got to Maidenhead, I swore a man robbed me on that horse of Mr. Clack's; I never swore to the man till now.
Q. Why did you not swear to him then?
Poulton. I did not much care to swear to him, though I knew him when he was robbing of me: I did not chuse to be concerned in taking the man's life away,
Q. from Prisoner. Did you not say, before the mayor of Maidenhead, you could not swear to the man?
Poulton. I said I did not chuse to swear to the man; that was my answer.
Q. from prisoner to Clack. How long was I quartered in your house?
Clack. I cannot say how long; but while in my house he behaved as well as any man in England. I belive he was at my house about three quarters of a year.
William Field . I live at Milehouse, by the 24th mile stone, two miles on this side Maidenhead. On Monday the 16th of November the prisoner called upon me, and left his coat, it was a blue great coat. and a pair of pistols, with me; to the best of my remembrance, his hat was cocked; he had no boots on. He rode Mr. Clack's horse, I knew the horse a tall bay horse, with a blaze on his face; Mr. Clack often calls at my house with that horse; the prisoner told me he had been guarding the mail for Clack. Mr. Clack came and took the pistols away.
Hugh Savil . I saw the prisoner on the 16th of November, about 10 o'clock, along with his brother and a militia man, at the Bull inn; he took out a canvas bag, and opened it, there might be in it to the amount of forty or fifty shillings; he took out six pence to pay; I saw two half crowns amongst it.
Prosecutor. There were two half crowns in my bag.
Elizabeth Dassborn . I live at Maidenhead. The prisoner came into my house on the 16th of Nov. about half an hour after nine, with a brother-in-law, and two dragoons; he took out some silver from his left-hand pocket; I don't know much he had; he took out a sixpence to pay me; I said it was not a good one; he gave me another, and I gave him 2 d. out of it.
John Muspet . I am petty constable; I had an order from the mayor of Maidenhead to take the prisoner into custody. I heard him say he had but threepence halfpeny in his pocket when he went to guard the mail.
As we went to Hounslow with the mail, the first horse knocked up at Salt-hill; we got a fresh horse there. When we came to Crauford Bridge, another horse knocked up. The post-boy desired. I would ride farther for a fresh horse; I went and blew the
For the Prisoner.
Q. to Prosecutor. How far is it from the place where you was robb'd to the house of Mr. Clack?
Prosecutor. It is about thirteen miles.
Guilty Death .
26, 27. (M.) William Williams and Richard Williams , were indicted for stealing one sack of wheat flour, containing five bushels, the property of John Milward ; and sixteen bushels of wheat, value 26 s. the property of Daniel Ponton , Esquire ; Nov. 16 .~
John Sharp , deposed he was at his business at the tenth mill at Limehouse ; that he saw a lighter called the Four Mill Lighter (which lighter the two prisoners always worked, being lightermen to Mr. Tealing, who is steward to Mr. Lockwell), lying about three or four hundred yards from the tenth mill on the 13th of November, about one in the morning; and that he saw two men take a small boat from that lighter, and go into Betson's Dock, and tumble in some sacks; but could not distinguish the persons to know who they were; that they left the boat in the dock. Then he went to see what they had put in the boat, and found four sacks, marked B. in a frame, with corn in them, and one containing five bushels of flour; the flour was marked with a frame, and J. M. in the middle; he left them as he found them; that soon after he and his master. William Picket , went and took a sample from the corn and flour, and carried them to Mr. Milward; and that afterwards Mr. Betson's man took the vessel away.
Mr. John Milward , deposed, that on the 13th of November, about seven in the morning, Betson and Sharp brought him the two samples; that he went and looked at the sacks in the boat; that the sack, marked J. M. was his own property, and the others were the property of Mr. Lockward; and the wheat in them he supposed to be the property of Daniel Ponton , who ground wheat at his mills; that the two prisoners navigated the Four Mill Lighter.
John Tealing , steward to Mr. Lockwell, deposed, that the two prisoners were employed to work the Four Mill Lighter, and that only; that the two samples were shewed to him, and they were compared with and suited the owners other wheat and flour as near as could be; that he went to Betson's Dock, and found the boat was gone to Limehouse-hole; that he went to Limehouse, and saw the sacks taken out of the boat there.
Lewis Betson deposed, that he had two boats in his dock; and that his servant, Humphrey Weston , told him he found the sacks mentioned in one or them, and as he could not get them out himself, he loaded other things upon them, and carried them down to Limehouse-hole.
Humphry Weston deposed, that he found the flour and wheat in the boat on Friday the 13th of November, in the morning, describing the marks on the sacks; that he could not get them out, and he went with his boat to Limehouse, and left them in it there.
The prisoners, in their defence, said, that they knew nothing how the corn and flour came into that boat; and called Thomas Dray , who had lived near them about 14 years. John Streton had known them near so; William Mason , between 13 and 14 Samuel Pell , from their infancy; Edward Anderson , upwards of 10; James Galloway , 12; Henry Smith , between 3 and 4; William Fortage the elder, 23; and the younger about 17; Thomas Eades , ever since they were children; Joshua Barnes , about 3; Richard Elaby , about 20; William Williams , 17 or 18; Mr. Perry about 10; Mr. Powis and two others, several years; and all gave them the character of industrious, sober, careful, well-behaved, young men.
Both Acquitted .
Sarah Mulby . I live in Peter-street by Soho-square. My husband is a taylor. The prisoner lodged in the same room I did. My child Edward was five months old. The prisoner was going to see her brother-in-law in Old Bond-street; she took my child (being seemingly fond of it), and said she should not be gone above half an hour.
Q. What business was the prisoner?
S. Mulby. She said she was a servant out of place. She gave me part of a pint of beer when she went out with the child; she went up towards Tyburn Road; she set out a little after five in the afternoon on the 20th of June.
Q. How was the child dressed?
S. Mulby. In a brown skirt, an old flannel petticoat, an old white gown, an old laced cap, and a black cap over it; old things, I do not think they were all above a shilling value. I did not see the prisoner till about four months after. I saw the child on the Thursday following, being the 23d of June. I had inquired about the streets, workhouses, and hospitals, and I found it dead at St. George's Hospital; it looked as if it had been drowned; it was naked, but I knew it. I have here some of the things it had on, which were taken off it at the hospital ( producing a pair of stockings, yellow shoes, an old coat, and a black cap).
Q. How did you and this woman live together?
S. Mulby. We were not enemies, nor over great. She seemed to be fond of the child. My husband was then in trouble.
Q. What did the prisoner say when she was taken up?
S. Mulby. She said before the justice, that she met with a woman as she was going along that was going to see a place at Kensington. She set the child on the edge of the river, and it gave a spring out of her arms into the water.
Malachi Mulby . I am the father of the child. I took the prisoner in St. James's about a month ago. When she was before Justice Wright she owned she had rested herself upon her elbow, on a bridge in Hide Park, and that the child gave a jump out of her hands into the water.
Fra. Doby. I was going about business, and I met with the prisoner in Monmouth-street, the same Saturday night that she took the child out from its mother's.
Q. Was she sober, or otherwise?
F. Doby. She was sober. I did not speak to her; she was walking along with her hands before her.
S. Mulby. I believe she had not drank before that day; she seemed very sober.
We lodged in one room. I was an ironer to a landress at 3 s. a week. The poor woman was almost starved, and her child too. I had no money, and made away with an apron for 15 d. then we had some stakes and three pints of beer together. Then I said, if you'll let me take the child to my sister's I'll beg some silk to make it a black cap. She agreed to it. I took the child; and after that I met a young woman going to Kensington. She asked me to go along with her. I said I would, if she would help to carry the child. When we came to a house where are two centinels painted on wood at the door, near the park gate, we had half a pint of beer, and gave the child a crust, and went on towards Kensington. I stopped upon the bridge in the park, and suddenly the child gave a spring into the river. I strove to get it out; but being with child could not; and no foul was coming by at that time; and the woman was gone on. I was affrighted, and did not know what to do. I wished afterwards that I had returned to Mrs. Mulby.
Acquitted. Accidental Death .
29. (M.) John Puttyford , was indicted for burglariously breaking and entering the dwelling-house of John Twyford , and stealing one cheese, value 3 s. half a bushel of flour, value 2 s. one loaf of bread, value 4 d. and one pair of stockings, value 1 s. the property of the said John, in his dwelling-house , Dec. 5 . +
John Twyford . I live in the parish of Kingsborough, near Edgware . I hired the prisoner to live with me for a year. He staid with me about six or seven weeks, and went away on the second of December instant. Last Sunday morning, when my maid got up, she found a casement open, which I knew was shut when I went to bed. I missed about a bushel of flour out of a sack in the kitchen, two cheeses, a loaf of bread, and a pair of stockings from off a line.
Q. Are you sure your house was made fast over night?
Twyford. It was; I bolted the door with two bolts between nine and ten o'clock. A neighbour of mine had lost an empty sack on the Saturday, and he was inquiring about; and at last the prisoner was found in a barn, about a mile and a half from my house. There I went and found about half a bushel of flour, a loaf of bread, and a cheese, and my stockings on the prisoner's legs. I knew the stockings to be my property by a hole at the heel, and the bread of our own baking. He owned before the justice that he took these things for want of victuals.
Robert Larking . I saw the prisoner in the barn with these things, and was before the justice when he was examined; he then owned the things were Twyford's property.
The prisoner said nothing in his defence.
Guilty of Felony only .
Elizabeth Roads . I live with Mr. Wright, Bloomsbury-square . I missed three guineas out of my box on Sunday night last. I suspected the prisoner, and charged her with taking them; she confessed she did take them. I had seen my money in the box that week.
Q. Where did your box stand?
E. Roads. It stood below stairs, and was locked.
Q. Did you find it broke open?
E. Roads. No, she did it with a key.
Richard Gay . I am a constable; Elizabeth Roads brought me a warrant on the 7th of this instant to take up the prisoner; which I did. She was charged with taking three guineas out of a box, and she owned that she had taken the money, and laid most of it out. They were fellow-servants.
Q. How did she say she got at it?
Gay. She said she opened the box with a key of her own.
I was frighted; and they proposed to me, that if I would make up the money again, they would make no more to do about it.
Gay. The prisoner confessed she had bought these things with part of the money. (Producing a parcel of cloaths, and the key with which she owned she had opened the lock.) Guilty . The cloaths were ordered to be delivered to the prosecutrix.
Thomas Thurkill . I keep Pons Coffee-house, Leicester Fields . Last Friday evening, my servant who takes care of the plate told me a spoon was missing, and on the Saturday Mr. Alison came and informed me he had got a spoon he supposed to be mine. He shewed it to me. I was certain it was my property. He told me he had stopped the person that brought it, and she was then in the Gatehouse. I went there, and saw her; it was the prisoner at the bar. She acknowledged before Sir John Fielding , that she had taken it.
Mr. Alison. I am a pawnbroker, and live near Cranbourn alley. [He produced a spoon deposed to by the prosecutor.] The prisoner brought this spoon to me, and said her name was Mary Jones ; and that she lived with a gentlewoman in Long Acre. She said her husband bought her this spoon two years ago, and he had left her. I stopped her and the spoon, and took her before the justice. Then she said she found it in Leicester Fields. The justice committed her; then she said her name was Duckson, and that she lived in Hedge lane. Last Wednesday she was re-examined; then she owned she took it out of the prosecutor's kitchen, and had scratched the name in part out with a file.
I had broken victuals at several houses, and when I got home I found this spoon in my pan; and I, wanting money, went to pawn it, in hopes to get it out again, and let the people have it that owned it.
Guilty 10 d.
The prosecutor did not appear.
The prosecutor is a carpenter , and lives in Princes Square, Ratcliff highway . The prisoner was observed to come out of the Shop with a saw under his coat; he was stopped, and the saw found upon him.
Guilty 10 d.
35. (M.) Margaret Matough , spinster , was indicted for stealing three linen sheets, value 3 s. one under petticoat, one black sattin hat, one bed-gown, and one shift , the property of Robert Brown , Nov. 28 +.
Christopher Foster , was indicted for stealing a bay mare, value 20 s. the property of James Garlow , Oct. 12 . +
It appeared the prisoner was lately cleared by the compulsive clause in the insolvent act, and this mare was put into the catalogue of his effects, and delivered to his creditors. She was on the prosecutor's premises, and fetched away by order of the creditors; and as the prosecutor did not make it clear to the jury, that he had made a punctual bargain for her, the prisoner was Acquitted .
John Chambers . On the 16th of last month, about 11 at night, I was going along Ludgate-street. The prisoner at the bar came and took me by the arm, and asked me if I would go along with her. Just by the end of creed lane I felt her hand taking my pocket book. She turned her back to the wall, and put her hands behind her; I threatened her with my stick if she would not deliver it. She dropt the book by my foot, and ran away. There was no person near me at that time but she. A young man came up, and said he saw her go down that lane, and said he would go with me to see to find her. We went, and came back and looked about, and as we came to the spot where she drop'd the book, there was she standing. We took her. I really believe, by the light of the lamp, the prisoner is the same woman. I knew nothing of the tobacco pouch, till the watchman took it off the ground where she was.
Thomas Holmote . I am a watchman; I stand at the toyshop at the corner. I had been round my beat, and saw the prosecutor talking to a woman. I made up towards them, and saw the woman slide a pocketbook from under her cloak, and let it fall. I helped to pick up the papers that fell out of it; he gave me charge of the prisoner; but I am not sure she is the woman that was with him first.
I deal in fruit along with Ann Bready . I got a little merry that day. She wanted me to go home. I crossed the way at St. Paul's Church-yard; the gentleman took me by the cloak, and said, you are the person that picked my pocket of a pocket-book. The watchman crossed the way, and took charge of me.
Q. to the Prosecutor. Did the prisoner cross the way at the time you took her into custody.
Prosecutor. No, she did not; but was standing at the same place, talking to two other women.
For the Prisoner.
Q. How does she get her living?
Clark. I cannot tell; her husband and she lodge in the same room with me.
After the jury had given their verdict, she used very impudent indecent language; on which account she received sentence immediately, to be publicly whipped on the Thursday following, from the corner of St. Paul's; Church yard to the place where Ludgate stood .
John Piercy . Last Wednesday was sevennight, about one at night, as I was going home to the Butcher-row, near St. Clement's church, I met with the prisoner at the bar near the Fleet-market . She asked me if I would give her any thing to drink. I said with all my heart. She took me to a public house about 20 yards from where I met with her. She said she had been there before. I asked her what she would drink. She said, a glass of Usquebaugh. There was a man with me, that was to see me part of my way home. We had a glass each, which cost me four pence halfpeny. I pulled out my watch to see what o'clock it was; the landlord pulled out his; there were five minutes between them. I put it into my pocket, and came out of the house, and about ten yards from the door the prisoner took my watch out of my pocket with her right hand. I took hold of her by the left. I am very sure of it; for I felt her pull it out. I charged her with the watch. The watchman came, and took hold of her hand. She said, pray don't take me to the watch-house, I'll tell you where the watch is. The watchman took her a little farther; she said, for God's sake, don't take me any farther; and I'll let the young man have his watch. He said he would confine her first. She was taken to the watch-house, and searched; but it was not found. Then the watchman said I should be confined as well as she. The watchman and I went back together; there was no person about; we could not find the watch. I was confined in Bridewell till morning.
John Arnold . I am a watchman. The gentleman called out watch; so did the prisoner: She said she was going home to her husband, and the gentleman stopped her, and wanted to be rude with her. He insisted upon it she had robbed him of his watch, and insisted upon my taking her in charge. In going to the watch-house. She said hold of my partner. I desired him to follow me close. She said, If you will not take me to the watch-house, I will tell you where the watch is. I said I would not trouble my head, now we are so near the watch-house.
Q. Did you take her back to the place where the watch was?
Q. to Prosecutor. Did you use her as she said?
Prosecutor. I did not attempt to be rude with her; she put her hand two or three times to the waistband of my breeches.
Peter Pearson . I am a watchman. On Tuesday morning, the 2d of this instant, between one and two o'clock, I heard watch called; I ran to see what was the matter. Said the prosecutor, A woman has picked my pocket of my watch. How shall I know that? said I; search your pocket. I held up my lantern, and looked him in the face, and found him to be a sober man. Said I, What would you have me do in this case? He gave me charge of her. I charged the other watchman with the man. Said the other man, Let's go back, and see for the watch. No, said I, let's go first to the watch-house, then we will go and see for the watch. Going along, she plucked me by the arm, and said, Watchman, for God's sake, don't let me go to the watch-house; call them back, and I'll tell you where the watch is. I called them; they would give no heed to me. She hung back, and begged and promised to shew where it was. When we came to the watch-house, she was sulky, and would not say where it was. We went to look for it, but could not find it.
Prosecutor. I bought the watch in Nov. last of Mr. Hailey, son to Mr. Hailey in Tyburn Road, and gave five guineas for it.
I had been as far as Oxford Road, and happened to call in Drury Lane, and stopped till about half an hour after 11 o'clock. I came from there very near the bottom of Fleet-street. I went in at the Red Lion in Popping's Alley; and just at the turning the corner I met the prosecutor and another man; he asked me if I could tell him of a public house where the people were up. I said I believed I could, that I just came out of. I stepped back with him; he insisted upon my drinking a dram with him. I did not chuse it, but drank a glass of usquebaugh. He and the other man drank each one; they went away up Fleet-street, and I down. There is a turning into Black Horse Court. When I came to the lowest lamp the prosecutor came and put his hand upon my shoulder, and asked me where I was going. I said, Home. He said, I'll go along with you, and insisted upon going, and put his hand under my petticoats. I said I had a husband at home, he was mistaken in me. He threw me upon the ground, and my coats were all over my mouth. He set his foot on me to keep me down; I belive we struggled a quarter of an hour. I called watch; he called watch. He said if I would not let him do as he pleased (and spoke in a very rude manner), he would do for me. The watchman came up; and he said, I had taken his watch. The watchman said, Look in your pocket, may-be you may be mistaken. Going to the watch-house, I said, I think it would be a great deal properer to go back and look for it; for very likely, as he had opened his breeches, he may have dropped it in tussling about. The constable took me in and searched me. They went out to look for the watch, but found none. After that, he wanted to go away. The constable said, As you have given no proper account of yourself, it is proper to commit you as well as he, and so we were both sent to Bridewell. I never saw any thing at all of his watch.
Prosecutor. When she was taken into custody, her cloaths were not dirty at all, the watchmen know it.
Q. to Arnold. How were the prisoner's cloaths? did she seem as if she had been rolled in the dirt?
Arnold. I saw no dirt at all upon her cloaths, neither did she complain of any-thing of that sort.
Guilty of stealing, but not privately from his person .
Cha. Cottrill. I had a pair of shoes in my right-hand pocket, the property of my master Mr. Nicholas Kuyte . Coming by the Mansion-house in a mob, I put my hand upon my pocket, and found the shoes were gone. I turned about, and saw the prisoner about four or five yards from me; he was busy in putting his hands under his coat. I took him by the collar, and the shoes dropt from him. I put him into the Compter for that night; and the next morning, before my lord mayor, he said he did not take them out of my pocket. I did not feel him take them; but they must be taken out.
I was leaning over a post; he came up, and said I had taken a pair of shoes. I said I never saw any; I was searched, but nothing found upon me.
Guilty of stealing, but not privately from his person .
Mary Hardy . I am wife to Joseph Hardy , and live in High Holborn. I first became acquainted with the prisoner through Mary Butler , who lodged in the next room to me; about three months ago she worked at plain work for me. She told me she had sheets, laced ruffles, sattin, paduasoy, and other things, in pawn; and, as she was likely never to get them out, she said, if I could raise about 4 l. to get them out, I should have the preference in buying them. I, by borrowing, got that money; there were two guineas, one half guinea, and a 4 s. and 6 d. piece in gold, and the rest in silver. She saw me put it into an unlocked drawer; we were to go at half an hour after three o'clock to fetch the things. I went down stairs, and left my child with a friend: When I returned, which was in about two minutes, I found her standing with a shirt in her hand, which she was about. Then she desired me to go and borrow a basket, in order to bring a haunch of venison home with us, that she pretended was sent her out of the country. When I returned, which was in about five or six minutes, she and my money were gone, all but one shilling. She then went by the name of Morgan; this was on the 2d of September, before she married Mr. Errington.
Mary Butler . I live on the same floor where Mrs. Hardy did; the prisoner used to be backwards and forwards with her. On the 2d of September they were together in her room all the forenoon. Mrs. Hardy went down stairs, and I do not remember any-body coming into her room the time she was gone, which was about four or five minutes; my door faces hers, and stood open; but I being busy in putting my child into the cradle, did not see the prisoner go away. Mrs. Hardy missed her money immediately upon her coming home again.
Mary Laybury . I live in the same street, opposite the prosecutrix. On the 2d of September, when Mrs. Hardy came down, I saw the prisoner follow her very soon, and run away as fast as she could, without her hat and cloak; this about half an hour after three o'clock.
This is a malicious prosecution: I never saw any of the money. I desire to know of Mrs. Butler, whether she did not see Mr. Errington along with Mrs. Hardy when she went to find the bill?
M. Butler. I do not know Mr. Errington.
Frances Hodgson . I live in Fisher-street, Red-lion-square : I lett the prisoner a ready-furnished lodging at 4 s. per week. She staid but three or four days, and went away privately; after which I missed a blanket; I found it at Mr. Bibby's, a pawnbroker, pawned for 18 d. [ Produced in court, and deposed to.] This I lett to her with the lodging.
Q. from Prisoner. Did not Mr. Errington come to you, and desire you would prosecute me?
F. Hodgson. He did come to me, and desire I would prosecute her; if it had not been for him, I should not have prosecuted her.
Ann Price . The prisoner brought a blanket to me on the 20th of April, and desired me to send my little girl with it to Mr. Bibby's to pawn. I sent her with it, and she pawned it for 18 d. I cannot swear that this is it. [The child was but 11 years of age, and, not knowing the nature of an oath, was not sworn.]
The attorney told me, if I would tell of a prior marriage to that with Mr. Errington, all prosecutions should be laid aside.
41, 42, 43. (M) Ann Williams and Mary Bready , Spinsters , were indicted for stealing one bed quilt, val. 12 s. one bible, val. 10 s two cloth coats, val. 18 s. one pewter tea-pot, val. 6 d. one copper pot, val. 9 d. one camblet gown, val. 8 s. four linen sheets, val. 8 s. four linen shifts, val. 8 s. one diaper table cloth, val. 2 s. one linen table-cloth, val. 6 d. four pair of worsted stockings, val. 4 s. one pair of cotton stockings, val. 12 d. one linen shirt, val. 2 s. 6 d. three pounds weight of sugar, val. 9 d. one prayer-book, val. 12 d. one handkerchief made of silk and cotton, val. 15 d. one linen apron, val. 2 s. one linen handkerchief, val. 12 d. and one china mug, the property of Hannah Simpson , widow , in the dwelling-house of the said Hannah ; and Mary Bennyworth , for receiving part of the said goods, well knowing them to have been stolen , Nov. 6 .~
Hannah Simpson deposed she lived in Ratcliff Highway : That, on the 6th of November, the lock of her room door was broke, and the things mentioned taken away; I had a suspicion of the evidence and Ann Williams , I having shewn them the things but an hour before they were taken up for robbing Mr. Man. I went to Williams in New Prison; there she confessed to every thing of mine, and where they had sold and pawned them; that the quilt, bible, and my husband's coats, and pewter tea-pot, were sold to the prisoner Bennyworth, upon Clerkenwell Green, for 9 s. 6 d. where they were found.
Eliz Unwin deposed, That she and Williams went to the prosecutrix's, to know of her if she had sold her husband's cloaths. She shewed them to them: That they persuaded her to go to Rosemary Lane, to sell a flannel waistcoat, it being a proper time to make the most of it to make jackets for seamen: That while she was gone, they broke her door open, and got in, and took the things away, and gave a very particular account where and for what sums they had sold and pawn'd the severalthings: That they sold the quilt, bible, pewter tea-pot, and a coat, to the prisoner Bennyworth, for 9 s. 6 d. and that Bready was not with them in the robbery, but she had part of the money.
Wil Man deposed, He had a warrant from Justice Fielding to take up Unwin, Williams, and Bready. When before the justice Unwin was admitted evidence; that she mentioned seven or eight places where they had sold and pawn'd things; found by her information the quilt, old coat, bible, and teapot, at Bennyworth's; which she said, she and Williams had stole from the prosecutrix. [Produced and deposed to by prosecutrix.] She told the justice how they broke the door open, and what particular things they took away. When Unwin was with him at Bennyworth's, she said to her, How could you be so wicked to come with such lies to me? did not you say, You had an aunt or some relation that was leaving off the pawnbroking business, and that these were some of the goods which you had to dispose of for them? The girl did not contradict it at all.
I never kept Unwin company. She is a very wicked girl. I have heard she was brought up to swear people's lives away.
She call'd Margaret Tolley , who had known her from two years of age; John Braning , who had known her seven years; Elizabeth Buckmaster , and Elizabeth Richardson , six; Rose Macue, from an infant: Who gave her a good character.
I did not know the goods to have been stolen. I did not buy them; but said, I did not understand them, and if they would leave them I would get them valued, and pay her for them, if we could agree.
Mary Chance and Elizabeth Cook deposed, That they were in Bennyworth's house when Unwin and Bready came to sell the things; and that when they were asked, if they were honestly came by, Unwin said, They were goods that an aunt of hers had taken in pawn, and had become her property; and her aunt got her to sell them for her, as she was going to leave off business.
William Allen , who had known her five years; Mrs. Price, nine; Gerrard Houseman, eight; Robert Harper , seven; Mr. Davis, four; Mrs. Gilbert, seven or eight; Margaret Johnson , near twenty; Catherine Winpeny , between six and seven; and Mr. Bowers, nine; all gave her a good character.
Williams Guilty 39 s.
Bready and Bennyworth
(L) Mary Bready was a second time indicted, son that she, on the 1st of November , about the hour of 10 in the night, the dwelling-house of William Man did break and enter, and stealing fifty handkerchiefs, val. 20 s. ten pair of stays, val. 20 s. five linen gowns, val. 10 s. one silk cloak, val. 3 s. one pair of shagg breeches, one pair of knit breeches, and one silk cloak, the property of the said William, in his dwelling-house.
Wil. Man deposed, He kept a pawnbroker's shop in Blueboar court, Rosemary-lane ; that his wife and he locked up the door on Sunday the 1st of November in the morning, and when they returned, at about a quarter before 11 at night, they found the door a-jar, and the things mentioned in the indictment, and other things, gone. He was told, That Unwin and the prisoner, and other girls, had been about there. That about eight or nine days after, one Rose Foy quarrelled with the prisoner and others of her consorts, and she was heard to say something concerning their having Mr. Man's things; that he took up Foy, and she made affidavit before Mr. Fielding, That some things of his were sold at Clerkenwell Green to Mrs. Bennyworth; and that Unwin, the prisoner, and Williams shared the money, and Foy had part of it; that the justice granted a warrant, and he took them all up; that Unwin was admitted evidence, who gave an account of this and many other robberies. She said, She sold 36 or 38 handkerchiefs, three linen gowns, and two pair of breeches of his to Bennyworth, and eight or ten handkerchiefs, and a silk gown, at a shop in Shoreditch, and some gowns and handkerchiefs in Field-lane; that he found some of his goods in Shoreditch, and some at Bennyworth's, the same she mentioned. [Produced in court, and deposed to.] And that the prisoner confessed to the
Mrs. Man deposed to the locking her door after her husband and she went out, and the finding the shelves stript of the goods at their return.
Unwin deposed to that of the opening Mr. Man's door with a key procured by Rose Foy; that the prisoner and she carried the things away by lap-fulls to her mother's cellar, who lived near; and gave a particular account of the things, how and where they disposed of them.
I know nothing about the things. Unwin once mob'd me, and said she would be up with me. She bears a very wicked character.
Acquitted of the Burglary.
Guilty 39 s.
Wil Ridgeway . I am a stationer , and live at the corner of Warwick-court, Holborn . On Monday the 23d of November, the prisoner and Brewer Smith came into my shop. The prisoner asked me, If I could give him money for a bill of exchange for 10 l. or 10 guineas. I had not had the bill a minute before two constables rushed in and took the prisoner away; and immediately Smith snatched the bill out of my hand. Justice Welch sent for me soon after; but I was so affrighted at their suddenly taking him away, that I could give very little account of the matter, not having sight of the bill enough to know it again.
Brewer Smith. On the 22d of November the prisoner came to me at the Castle in Castle-street, Bloomsbury. He desired, I would call upon him at his lodgings, the duke of Bedford's head. I went in about an hour. We went to Brooks-market, and from thence to the King's-head in Leather-lane: There he shewed me a note or draft; he desired me to go and get the cash for it; he sealed it in a letter, and put it in his pocket. Then he went out; I asked him, Where he was going? he said, A little way farther. And just as we came by Bow Church he said, I must say I come from Mr. Cooper at the White-horse inn, Fetter-lane, and I was to personate the steward of Mr. Mason; I have forgot the name which he told me. We came into Canon-street. He shewed me the house of Mr. Wetherby, a wine-merchant there. Then we went to the cock and bottle, and had a pint of purl there. He said, This should be endorsed, but I do not ask you or any body else to endorse it. Then I went to the necessary-house to consider what to do, as he wanted me to personate another person, and was determined to have nothing to say to it; but I told him that I believed Mr. Ridgeway would pay the money, and accept the note. Then I went to the White-horse in Fetter-lane, and found, upon enquiry, that Mr. Cooper had not been in town since the coronation. I told Mr. Ridgway the transactions we had had that afternoon. Then I went to Justice Welch, and told him the affair. He advised me to take him up. I had appointed the prisoner to meet me at 10 the next day. I met him, and two constables were ready to follow us at a little distance. We went to Mr. Ridgeway's shop; he went in, and delivered this bill to Mr Ridgeway. I gave the signal, and the two constables came in and took him away, and I took the bill out of Mr. Ridgeway's hand. He was taken before the justice. There he acknowleged he himself wrote the bill, and that necessity had drawn him to it, and he did not know but if the bill had been sent to Mr. Mason, he would have paid it.
The bill read to this purport:
London, Nov. 21, 1761.
On his cross-examination he said, He did not know William Fowler ; it might be his writing for aught he knew; and that half an hour after he had some doubts of its being a real bill, he advised the prisoner to go to Mr. Ridgeway with it, but that was with an intent to have him taken.
Pinder and Hartley, two constables, confirmed that of securing the prisoner in the shop of Mr. Ridgeway.
45, 46. (M.) Margaret Solowin otherwise Quinn , and Margaret, wife of Peter Flidger , were indicted for stealing 22 gold rings, value 8 l. the property of James Henderson , privately in his shop , Dec. 5 . +
Jane Henderson . I am wife to the prosecutor. We live in Ratcliff-highway , and are pawnbrokers , and deal in new gold and silver things since this new act of parliament. I went out on the 5th of December about three in the afternoon, and left 22 new gold rings in one bunch, and five old ones in another, hanging in the window. In about a quarter of an hour I had a messenger came and told me what had happened. The other witnesses can give a farther account.
Elenor Henderson. I am daughter to the prosecutor. After my mother had been gone out about five minutes, the two prisoners came in for a cap, which Flidger had pawned. We have a partition that parts the shop. I went to that part where the things in pledge are for it; I heard a foot come round the counter, and the prisoners whisper. Our maid had just washed by the counter, and, it being wet, I observed the print of a muddy foot as I was going round the counter. They were both together where I left them then. I said somebody had been round. Solowin said, who should be behind your counter? I said, very likely you have. She said, she had not. Then Flidger said, who is to behind your counter? I went behind the counter to see what was lost, and a young person called to me at the window, and told me a woman had been round the counter, and had taken something out. I said they should be searched; Flidger said, for what? They dared me to search them. Then I called a gentleman in; he said, no body should go out of the room till they were searched. Then Flidger said, come into the kitchen. I and the maid went there with her, and she delivered the 22 new gold rings to me, and Solowin had given them to her, and desired I would let them go.
Elizabeth Caney . I was going by Mr. Henderson's shop at this time; and, stopping to speak to a young woman in the street just by the window, I was looking in, and saw Solowin go behind the counter, and take down the rings from the window. I saw the upper part of her body at the time, and am certain it was she. She took also a little parcel; but she let them fall. I called and told young Mrs. Henderson; then I went into the shop, and am sure to the person, though I never saw her before to my knowlege.
I never laid my eyes on the rings till I saw them in the maid's hands.
I went into the shop for a cap; and after Mrs. Henderson had been in for it, she said she saw the track of a foot, and that somebody had been round the counter. I said I saw nobody, my back being towards it. She sent for a neighbour; Solowin reached her hand to me, and gave me the rings, and I delivered them directly to miss.
Solowin Guilty Death .
Flidger Acquitted .
47. (L). Patrick Mc. Cay , was indicted for unlawfully and wickedly endeavouring to intice and persuade Joseph Read , a subject of Great Britain, to enter into the French king's service, without leave or licence first had , &c. Sept. 23 . +
On that trial, in his giving his evidence, he had two notes delivered into his hand; and, upon being asked whether he wrote the name John Eliott to them, or the bodies of the notes, declared he wrote neither.
The Notes produced.
One read to this Purport:
Feb. 16. 1761. Adams lent me 2 l. 8 s. on my watch and seal, which she has in her possession till the whole is paid.
The other read:
Mrs. Adams lent me 6 l. 6 s. upon it, which I here promise to pay to her, or all the things to be forfeited.
This note was at the bottom of a catalogue of effects of Eliott's, which she had lent him money to redeem out of pawn, the which goods he tried her for stealing from him. See No 235, in Sir Matthew Blackiston 's mayoralty.
T. Gurney, the short-hand writer, deposed, there were two notes delivered into his hand on the former trial, which he absolutely denied to be his handwriting, either the names or any part of them, but could not say the notes produced were the same.
Mr. Ridgway deposed the two notes were the same that were put into the prisoner's hand on the former trial, and which he denied to have wrote any part of.
Mr. Peyton, with whom the prisoner had lived servent, deposed, he was well acquainted with his hand-writing, and he had no doubt of the note for 8 l. 6 s. being his hand-writing, but could not be so clear as to that of 2 l. 8 s.
The trials being ended, the court proceeded to give judgment as follows:
Received Sentence of Death, 6.
Elizabeth Clements otherwise Smith, Mary Morris , Thomas Aston , Margaret Solowen otherwise Quin, Daniel Looney , and Robert Greenstreet , the latter to be drawn to the place of execution on a burdle; Elizabeth Clements and Mary Morris pleaded their bellies; and a jury of matrons were impanelled, who brought in their verdict, Both not quick with child.
Received sentence of transportation for fourteen years, 1.
For seven years, 18.
John Parris , Mary Coolet , Cicely Hickey , Samuel Brookshed , Mary Bready , Mary Arnott , William Everitt , Letice Fleming, Thomas Woodhouse, Mary Hughes, Elizabeth Fielding , Mary Parsons , Thomas Baker , John Putyford , Mary Kimber, Hannah Duckson , Ann Williams , John Roach .
To be whipped, 4.