NUMBER II. for the Year 1762.
King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery, held for the City of LONDON, &c.
BEFORE the Right Hon. Sir SAMUEL FLUDYER , Bart. Lord Mayor of the City of London; Sir Thomas Parker, * Knt. the Hon. Henry Bathurst +; Sir John Eardly Wilmot, || 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.
L. M. By which Jury.
49. (L.) Catherine Morgan , spinster , was indicted for stealing five shift sleeves, one striped Holland apron, two cambrick handkerchiefs, two muslin handkerchiefs, two pair of stockings, six linen caps, a piece of velvet, two napkins, and two pillow cases , the property of Susanna Townley , widow , Dec. 21 .~
Susanna Townley . On St. Thomas's Day, in the morning, there was a fire in Thames-street. I, living near it, was obliged to move my goods. I sent for Mr. Wright to assist me. I, in the hurry, throw'd many things down stairs, and they were carried away to Mr. Wright's house; but I cannot tell by whom. When I had taken them back again, I missed several things. I mentioned it to Mr. Wright. The prisoner was his servant . She was going away; and, upon looking over her things, Mrs. Wright thought there were things that were not her own. So they sent for me; and I went, and found one cap, a blue and white handkerchief, and a pair of sleeves of mine. She down on her knees, and declared, she knew nothing of them, as she should answer it to God. A friend of mine said, if she would discover were the rest of the things were, she should get free.
Court. What she said after such a promise of favour as that you must not tell. Tell what you know independent of that.
S. Townley. She gave me the keys of her trunk, and sent me to Plumbtree-court; where I found the rest of the things mentioned in the indictment.
Q. At whose-house did you find the trunk?
S. Townley. It was at No 10; I do not know the
Francis Wright . On St. Thomas's Day, in the morning. I was called out of bed when the fire was at Mr. Pain's, the Sugar Baker's, who lives over-against the prosecutrix. There were a parcel of things tied up; and the prosecutrix was running about like a mad woman. I took some things from her, and put them up in some bedding (it was a parcel of clean linen), and gave it to a porter to carry to my house, and walked behind him home. They were carried back again on the Tuesday following. The prisoner was servant to me. There were some words betwixt her and my wife, and she was going away. She desired my wife to look into her bundle. She did, and thought some of them did not belong to her. So Mrs. Townley was sent for; who found two caps, two pair of sleeves, a muslin handkerchief, and a blue and white one; which she owned as her property. Some were found upon her, and the rest were in her bundle. The prisoner at first said she found the things upon the stairs, and at the dining-room door, in my house. I asked her, how she could be so cruel as to steal things that were saved out of the flames, seeing our house might be in the same condition in a few minutes? She down on her knees, and denied knowing any thing of the matter; but when she found she was detected, she told where the rest of the things were; and they were found accordingly in her sister's room in Plumptree-court.
Matthew Dallison . Mrs. Townley desired me to assist her when she was going to look after these things. I went along with her and the constable to the house in Plumptree-court, where the prisoner directed us, and saw Mrs. Townley find the things in the box. It was at No 10; The woman of the house called herself Davis, and said the prisoner was her sister.
I was frighted in getting out of my bed at the time of the fire, and can't say I know any thing at all of the things.
Guilty 10 d.
50. (M.) William Rogers , was indicted for stealing one looking-glass, value 10 s. one brass pot, value 5 s. one stew-pan, value 2 s. one tea-kittle, value 5 s. one grate, value 5 s. one fire snovel, value 1 s. one pair of tongs, value 6 d. one-poker, value 6 d. one fender, value 1 s. two blankets, value 2 s. two sheets, value 1 s. and one bolster, value 1 s. the property of Edward Hickin ; the same being in a certain lodging-room let by contract , &c. Nov. 2 . *
Edward Hickin. I let the prisoner at the bar a ready-furnished lodging about a year and a half ago. The things mentioned in the indictment were part of the furniture. I missed them all out of the lodging-room, but never heard of them again.
Q. How came you to miss them?
Hickin. The prisoner's wife was such a drunken extravagant woman I thought she spent more than her husband could bring in. So I went into the room on the 11th of November, and found they were gone. Then the prisoner and she went away. He came again on the 12th, and wanted to make a debt of it.
Q. from prisoner. Did I not offer you, before I went away, that, if my wife would not tell where she had pawned the goods, I would make you satisfaction.
Hickin. He did; but then I thought I should be never the nearer; for his wife spent his money as fast as he could get it, and it was impossible for him to get out of debt, or pay me.
The prisoner called two people to his character; who had known him 15 years, and gave him the character of an industrious honest man.
James Mitchel . I am master of the ship Mary. There has been tobacco missing from on board at sundry times; I believe to the amount of four or five hundred pounds weight in the whole. I think there were some missing on the 18th of December; but I cannot particularly say whose property it was.
Robert Pitt . I am a custom-house officer, and boarded on this ship on the 8th of December. On the 17th there came a coal lighterman with some coals, and asked for the custom-house officers. I and one of my partners were by the steerage; he did not know either of us by our names. He asked for Thomas Scott , I suppose, for he said, Tom, Tom, Tom, and he wanted Robert Wright ; he said he had brought them some coals, and that they had spoke to him to bring them some; and said, if they did not answer, he would carry them back again. The mate and other people seemed to be pleased with them, as it was cold weather; they were hoisted over the ship side. Soon after Robert Wright and Thomas Scott came on board; the lighterman knew them, and they knew him. They were asked into the cabbin, and drank a mug or two of slip; I left them in the cabbin, and went upon deck to take the marks and numbers of the tobacco. Nothing material happened that day. The next day, being Friday, about two or three in the afternoon, the ship was at work. I said to Wright and Scott, seeing tobacco
Q. What was the prisoner?
Pitt. He was one of my partners, and so was Scott. Thomas Scott pulled off his coat, and went down into the hold for about an hour. I happened to go and fit upon a chest at the steerage; somebody knocked at the hatch; Wright was at the opposite hatch. He said, Take hold, Pitt. He took hold and lifted up one end of the hatch, that is, one half of it; up started Mr. Scott, with some hands of tobacco in his hands, holding them by his sides. I said, Scott, what is all this? what are you going to do now? He turned about, and said, D - n you, don't you think the men that brought you coals must not have a bit of tobacco. I said, I do not like these proceedings; I went to take the marks, and left Scott and Wright in the steerage. After the labourers had left work, Robert Wright went on shore; it was then duskish; I was settling my book on the table in the cabbin; Scott came and sat by me, but he went out before I had done, The mate said to me, Mate, where are your partners? I went out and called Scott, but he did not answer. He and Wright came on board about 11 o'clock; they went to bed. I made up my bed in the boatswain's cabbin, there I found two slips of tobacco. The next morning the mate found the fore-hatch was broke open; I was called up; there was upwards of 40 pounds weight of tobacco missing; I taxed Mr. Scott pretty much with it; he said he knew nothing of the matter, and went on shore, and Robert Wright came on board. Scott at last did own to me, that he and Wright did carry a little tobacco on shore, and sold it; and said, Hold your tongue, Wright has got six shillings for you. I said, I know nothing of your affairs, I have no business with it. Scott said to Wright. Have you got any silver? Wright said, Yes, he believed he had: Because, said he, give Pitt six shillings. I said to them, If you have done any thing of this sort, be it to yourselves; I am surprized you should run the hazard of my bread and your own too?
Q. When was this?
Pitt. This was on Saturday the 19th. Scott was taken up by a Warrant, and examined about some Indico. On the Tuesday morning two little boys, that were come from the Foundling Hospital, were in bed, one was telling the other what he had heard. Mr. Wright sprang out of bed, and came to me, and said, Pitt, what did you hear the boys say? They said, the captain and officer had been talking of taking up one other officer out of the ship. I said I can't tell what you must do, I would not be in your case for 500 l. He said, I have a good mind to go home. About two or three hours after, he seemed to be very uneasy, and said, One thing vexed him more than all the rest, and that was, that Scott saw him take the money for the tobacco. I said, You li e intirely under Scott's lash, and it will certainly come upon you. I asked him who bought the tobacco of him? He said, Darby Kerwick (I never saw the man). I said, As soon as he is taken, he will declare against you. He said, Kerwick is far enough out of the way.
Q. Did Wright say he had taken any tobacco out of the ship.
Pitt. No, he did not.
Q. from prisoner. Whether Mr. Pitt did not know of my going from the ship that day about four o'clock?
Pitt. No, I did not.
Prisoner. I went on shore about four, with the captain's servant and boy, and never returned till between seven and eight the next morning; and when I returned, they told me the hatches had been broke open; they never were locked but one night before that.
Mitchell. When I came on board, I saw nobody but the evidence Mr. Pitt. I said, Where are your partners? Said he, There are Wright and Scott on the deck, and one is on board the lighter. Then he went on the deck, and called Scott. Then I asked for a light, and looked at the hatches, and saw them bolted, locked, and secure. I said, Keep a good look-out, for I am afraid something will happen. Then I went about my business.
For the Prisoner.
Mr. Bland. I belong to the custom-house: I have known the prisoner about 10 years: We are very nice about characters; we have had no complaint come before us against him before this affair, and we have examined a good deal into it, and am sorry to say things have appeared to us bad against him.
Benjamin Hill. I have known him 12 or 14 years, I never heard any ill of him before this.
Mr. Wallis. I have known him about 12 years; his behaviour has been that of an honest man.
Mr. Nightingale. I have known him six or seven years; I never knew any thing of him but what was very honest.
Ann Hill , Spinster , was indicted for stealing one walnut-tree tea-chest, one purse, val. 4 d. and one guinea , the property of Michael Gamson , Jan. 5 . +
It appeared the prisoner was between nine and ten years of age; and as an act of the mind constitutes a felony, the court looked upon her not capable of distinguishing between good and evil.
She was Acquitted .
53. (M) Frances Lamb , otherwise Titmash, otherwise Atkinson , Spinster , was indicted for stealing six prints, val. 8 s. one quilt, two blankets, one fire-shovel, one pair of tongs, one iron poker, one box-iron, and three heaters , the property of William Jackson , Jan. 2 . +
William Jackson . I live in Broad Court, St. Martin's . The prisoner was servant to a gentleman that lodged in my house about three months. He brought some valuable effects from Kingston in Jamaica. She behaved very well till he was gone; and she had the key of the lodgings, and he was to pay me. The things mentioned were missing on New Year's evening [Mentioning them by name]. They were found at Mr. Hull's, a pawnbroker, who is here.
Robert Hull . I am a pawnbroker. The prisoner brought these things [Producing them], all but the prints, to me, about the 31st of December, or 1st of January last, and pawned them in the name of Frances Titmash . She told me she was a gentleman's wife that came from Jamaica, and they had not received their effects from thence.
Prosecutor. I believe these to be my property: I know one of the prints to be my property, but they are not here.
I intended he should have the things again, I did not intend to keep them.
Prosecutor. I should be glad to recommend her to mercy.
Philip Depobesant . I live with Samuel Huff , Esq; I left my watch on the dresser, by some pewter pots, about 9 o'clock on the 21st of December, and was gone to the necessary house about four or five minutes. When I returned, I asked my fellow-servants after it. They said the boy at the bar had been in for some alehouse pots; I challenged the boy with it, but he denied it. About a week or a little more after, I was sent for to justice Welch's; there was the boy, and my watch produced to me; it was delivered to Mr. Clarage.
John Clarage . The prisoner lived servant with my father, who lived near Mr. Huff: My father was taken ill about the 9th or 10th of December. I visited him once a day, and was with him the night he died. That very night there was a discovery made by my brother, in regard to one of the ostlers purchasing a quantity of silver buttons of the boy at the bar. I examined the boy; he stood it out with great resolution, but at last confessed to me he had stole the silver buttons. Then I taxed him with the watch; he strenuously denied knowing any thing of it. He was as pretty behaved a boy as ever I knew, and was reputed as honest; he was much esteemed by a society that belonged to my father's house. After my father was buried, I took him to justice Welch's: Mr. Welch examined him a great while; he strenuously denied knowing any thing of the watch. Mr. Welch, having much business to do, desired me to take him into the yard, and see what I could do with him. There the prisoner, to my great surprize, told me he had it then in his pocket, with two handkerchiefs over it, where it was found. Then I went in and told the justice. Then we went to work to find out who put him on to do this. He never would confess any thing of that sort, The ostler who bought the buttons of him is absconded.
Q. How old is the boy at the bar?
Clarage. He is about 11 years age. I have a great regard for him on the account of his tender age: He was a very quite, pretty, active boy, but there are many aggravating circumstances in this affair?
Court. Who set you on to do this wicked action? It will be better for you to tell the truth.
Prisoner. Nobody set me on.
[The watch produced, and deposed to by prosecutor].
William Featherby . I am a balance-man , and live in Shadwell . The prisoner lodged in my house about 10 months; he came in on the 3 d of November, about one o'clock in the day, and went up into his own room; my wife and I were coming to the other end of the town, but my wife returned back again a little before four o'clock, and I returned between seven and eight. She found the
Q. When had you seen your purse last?
Featherby. I had seen it there about 9 o'clock that morning: my bed chamber is up one pair of stairs; I left the prisoner alone in the house when we went out, he could let himself out. He came home about 9 o'clock. I asked him if he had taken my purse and money? He denied it. I turned him out of my lodging directly; I took him before justice Fielding; then we were to have another hearing. When we went there again, he still denied it. Mr. Fielding said I could not make plain proof against him, and he advised me to let him go. I did; on the 28th of November I was going up stairs, I imagined he might have hid the money somewhere in the house, as he had left his cloaths here.
Q. How came he to leave his cloaths behind him?
Featherby. I don't know; he owed me sixteen shillings.
Q. What things did he leave?
Featherby. Two frocks, a pair of breeches, five or six pair of shoes, and a gun; they were in the garret where he lay. I searched his frock, and found a hole in the pocket, and in the corner of the bottom of the lining I found my purse which my money was in [Producing a green silk purse.] This is it. Then I went to Hicks's Hall, and shewed it before the grand jury. They asked me what I knew it by? I said, by a bit of hatband that I had tied upon it about a year ago. I got a certificate of his indictment, and took him up again; and took him before Mr. Fielding, and he committed him.
Q. Did you tell the prisoner you had found the purse in his pocket?
Featherby. No, I did not; he was threatening to kill me, and I don't know what.
Q. Did you ever speak of it to him since?
Featherby. No, not a word.
Q. Have you ever found your money?
Featherby. No, not a farthing. When I told him I suspected him by his not taking the watch and buckles; he said, They can be sworn to, and money cannot.
Q. Was your chest locked?
Featherby. I think it was, but I am not certain.
Q. Was your room-door locked?
Featherby. There is no lock upon the door?
Q. If a person could go in at that window which was found open, is there a way up to your bed-chamber?
Q. Could the prisoner go out of the house without going out at the window?
Featherby. We locked the door, and he could let himself out.
Q. Might he have taken these things away, had he paid the 16 shillings?
Featherby. He might.
Q. When you first declared that you had been robbed, did not you declare you had no suspicion of the prisoner?
Featherby. No, never in my life. I told all the neighbours that he must have it, and nobody else; nobody would go in at that window at that time of the day?
Q. Did he ever come to your house for his cloaths before the 28th of November.
Featherby. He did; and I said to my wife, It is to no purpose to keep his cloaths, and bid her fetch down his great coat and hat, and what he wanted, and gave him them.
Q. Did he ask for the other things?
Featherby. No, he asked for his working cloaths.
Q. Was any-body with you when you found the purse?
Q. Has the prisoner ever heard that you found the purse in the lining of his coat, before this minute?
Featherby. No, not as I know of.
Q. Whether the prisoner has not been in your house, where he has had an opportunity of taking money?
Featherby. He has, but we were generally in the house.
I am not guilty of the fact that I am charged with.
For the Prisoner.
Q. Is it a good or a bad one?
Hunt. A bad one. -
Q. Did he bear a good character in the neighbourhood?
Underwood. I can't be accountable for neighbours.
56. (M.) Patrick O'Neal was indicted for stealing one iron fire-shovel, val. 6 d. one copper tea-kettle, val. 2 s. one pair of tongs, val. 3 d. one brass candlestick, val. 3 d. and one scraping shovel, val. 3 d. the property of Margaret Carrene , Sept. 4 . ||
Margaret Carrene . I live in St. Giles's in the Fields , the prisoner lodged several years with me. I was backwards about my business, and Ann Hardy told me he was gone out with some things; I went out, and found him with the things mentioned in the indictment upon him.
Q. When was this?
M. Carrene. This was on a Saturday, but I do not remember the day of the month [The goods produced, and deposed to.] He knocked me down in the street, and was walking off with them, and said he would have them.
Q. What time of the day was this?
M. Carrene. This was pretty late at noon, between dusk and light.
Ann Hardy . I was servant to Mrs. Carrene; the prisoner took these things out of the kitchen chimney corner, and carried them into the street. I told my mistress, and she and I went out after him: She took the things from him, and I took them from her, and carried them in again.
Q. Did you see him knock her down?
A. Hardy. No, neither did he say any thing to her in my hearing.
Q. Was her gown dirty when she came in?
A. Hardy. It was a little.
Q. Were there many people in the kitchen at the time?
Conner. I really cannot tell, because there is sometimes more, and sometimes less.
Q. Did you see them in the prisoner's custody?
M Glover. No, I did not; he knocked Mrs. Carrene down with his clenched fist.
Q. Did she fall to the ground?
M. Glover. She was very near falling, and I catched hold of her arm, I saved her from falling; I took her in, and went directly to my own home.
I never did take those things away. She had me before justice Welch. after I had served her with a copy of a writ; then she swore a mopstick, a poket, and a stone mug against me: I got bail for that; then she got two people to swear against me, that I never saw before.
For the Prisoner.
Margaret Read . I have known the prisoner ever since he was born. The prosecutrix beat, cut, and haggled him; then he took a copy of a writ against her. I told him she would get the better of him; then she took a warrant for him, my husband and other neighbours bailed him. In less than seven days after that, she got another man to take another warrant against him, but he had no money to see a lawyer. When he was in gaol, a poor man went with a bit of victuals to him; she took that man up, and swore a robbery against him. I believe the prisoner is as honest a lad as ever was; he lodged with me three weeks, I have trusted him with pounds; he has been come from Ireland but about three years.
John Talbot . I have known him going on two years. I was present at the time this affair happened; he came home a little in liquor; I do not know the time exactly, but it is better than a quarter of a year ago; he was not capable of talking, he has an impediment in his speech. There was a great company of lodgers there, they made game of him; he laid hold of the fire-shovel, and was running after some of them; and some of them took hold of the shovel, and took it out of his hand. The prosecutrix desired him to go about his business, and not to make a disturbance. He took up the scraping shovel, and a man took it out of his hand, he did not take it out of the house; I do not think Ann
Q. Who took her up?
Talbot. I can't tell that. The time of his taking the fire-shovel was not at this time; that was on another night.
Matthew Farrel . At the time the prisoner was committed to Clerkenwell-bridewell, I went and carried him some victuals. The prosecutrix took me up for a murder, and got me confined from Saturday night till Monday night. I have known the prisoner three years. I never saw any ill of him: I have lodged in that house five years, all but four or five weeks.
Guilty 10 d.
John Cotton . The prisoner lived in the garret. My wife gave her leave to warm herself by the fire. She missed a pair of stays, and could suspect nobody else. She asked her if she had taken them. She confessed she had, and had pawned them; but could not tell where. We found, by enquiry, she had pawned them, and that she had taken them out and sold them. The woman was subpaena'd by a wrong name, and is not here. After we had found them, the prisoner owned she had sold them for seven shillings, She likewise confessed the same before the justice.
They told me, if I would say so, they would set me at liberty; but I know nothing of the stays. I was glad to say any thing rather than go to the Round-house.
58, 59. (L.) Barnard Nathan and Jacob Moses , were indicted for stealing 15 yards of blue duffel woollen cloath, value 5 l. the property of William Dallaway , in the warehouse of Sarah Foster , widow, ++.
Laurence Pitt . I am book keeper to Mrs. Foster at the George-inn on Snow-hill, and the waggons that came in there. On the 31st Dec. between the hours of twelve and one in the day. One of our porters came to me in the house, and asked me if I had delivered a truss that was in the yard for Honeybone and Biggs at Blanford in Doisetshire: It was 15 yards of blue duffel cloath, sewed up together. Then he said has Gibbs [that is another porter] been here? I said, no. Then he said, the truss is stole. There is a person in a blue surtout coat, and a snuff-coloured or brown coat under it, with a cut wig, and his hat cock'd up, has got it under his arm, and is turned on the left hand up Snow-hill. I ran towards Newgate, but happened to go the wrong way.
Q. Where was the truss taken from?
Pitt. It was under a shed, what we call a warehouse; it is a place where we flow goods.
Q. Is your warehouse under lock and key?
Pitt. We have four other warehouses under lock and key; but this is not, only by night, when the gates are shut. I was called back, when the two prisoners were in custody. I went and saw them at the Bull-head, at the corner of St. John's-street, in Smithfield. The constable was charged with them, and the goods were in the same room. Lacy, the porter that gave me the first account that the truss was taken away, came to the alehouse door. I asked him, if he should know the man again if he saw him. He said, yes. He came up to Nathan, and clap'd his stick to his stick, and said, you are the man that I saw with the truss under your arm. Nathan said he did not know the place. At the Bull-head, they said they did not know one another; but before my lord mayor, when he asked Nathan his name, Moses immediately said, it is Bernard Nathan. My lord asked them what they had to say for themselves. They said they saw a man run thro' the yard, and drop the truss, and they pick'd it up and kept it for the right owner.
John Lacy . This truss of cloth was in Mrs. Foster's warehouse the last day of the old year, in a place in the yard where we stow goods, it is a shed. My fellow servant went to dinner, and I to the barber's in the passage, within two doors of our gate. As I was coming out again, I met the prisoner Nathan in the passage, with the truss under his arm. I looked very hard at him. He turned about two or three times between that and the end of the passage. I began to suspect him. I observed him to turn up Snow-hill. I made haste into the house, and asked Mr. Pitt, if he had delivered that truss to any body. He said, no. I described the man, and desired him to run as hard as he could towards Newgate after him; then I told Mr. Gibbs of it, and desired him run towards Smithfield. I was lame at that time to with the rheumatism in my feet, and could not run. I went as far as the cock alehouse on Snow-hill, and Gibbs soon came back, and said he had secured the
Lacy. I did not know but that he belonged to some of the inns, and that it was delivered to him.
Thomas Gibbs . This day fortnight, I went for a pot of beer to the tap-house. I saw the two prisoners in the yard, at the George on Snow-hill. Nathan was stooping down to rub his shoes on some straw, the other had got an old cloath's bag under his arm. Presently after, Lacy called me, and said, have you delivered the truss to any body? I said, no. Then he said it was stole; he had just met a man with a blue surtout coat, and a snuff-coloured coat under it, with it, and that he had sent Mr. Pitt after him towards Newgate, and he bid me go towards Smithfield. I went up Cow-lane; and having seen them before, I looked round, and saw them much about the Hen and Chickens in Smithfield. I watched them till they turned the corner beyond Cloth-fair, till they came to Long-lane. When they passed that, I crossed the fields and made up to them; they we at the second coach that stood at the corner. Jacob had got the truss in the old cloaths bag, and had put it into the hackney coach, and was going to get in. I said hold of the bag with my right hand, and him with my left; he loosed my hold, and went away. Then I laid hold of Nathan with my left hand, and called out, stop thief. Nathan was soon taken near the Boar's-head tavern; then we took them and the truss into the Bull-head at the corner of St. John's-street. I went for a constable, and gave him charge of them. I asked them, when I first took them, what they had to do with that truss? Nathan said, he knew nothing of it, and said he did not belong to the other man. Before the lord mayor, they said there was a person coming by them as they were going through the yard, and as the man ran he dropt the truss, and they pick'd it up. [The truss produced in court, and deposed to by three witnesses].
John Jeffery . This day fortnight, I was at the Bear and Ragged Staff, about one o'clock at noon. I heard the cry, stop thief. I ran out, and saw Gibbs having hold of Nathan and the bag. I heard Nathan say, let me go, I do not belong to him. Gibbs said, there is another, and bid me run. I ran towards Smithfield-bars, and there I saw Millar bringing Jacob back.
The George-yard is a thoroughfare. As I was going through there came a man running down as fast as he could; whether he was afraid of any thing I cannot tell: he dropt the bundle, and I took it up. This man [pointing to Lacy] looked at me. I was going to advertise it. I did not say, I did not know that man [ pointing to Jacob]. When the man came, he said he had paid 10 l. for things lost out of the inn-yard; and came in making a noise.
I was frighted, and just went away from the coach. He called, stop thief. I stopt, and said, here am I; what do you call stop thief for? And I went into the public house with them.
For the Prisoners.
Q. How do they get their livings?
Barber. I cannot tell how, only by honestly. They are Jews.
Both Guilty of stealing, but not in the warehouse .
Francis Park . I live with Mr. Bilby in the Minories . The prisoner came into our shop on the 5th instant about five o'clock, and asked to see some black ribbon. I shewed her a drawer full. She took one piece, and concealed it under her apron in her left hand. She saw my colour change I suppose; then she offered me an orange, and shook me by the hand. Then she took up two pieces more, one of which she concealed in the palm of her hand, and dropt it out of her right hand into her left. Then she said she did not like the ribbons, and went to go out of the shop. I threw myself upon the counter, and took hold of her, and pull'd her in, and said, what are you going to do with these pieces of ribbon. She said she thought no harm; we were made to forgive and be forgiven. Presently her mistress came in, and said
I went to buy a yard of ribbon. I did not take the ribbon. I hope your lordship and the jury will take it into consideration not to hurt me.
Mrs. Aldridge, Elizabeth Lodge, Elizabeth Fisher , Mary Parkerson , and John Ring , who had known her some years, appeared for her, and said she was a very weak, easy, foolish girl, next a kin to an idiot; and her mistress said she was very silly, but had behaved honestly before, and she would take her into her service was she clear'd of this.
The prisoner being a foreigner, and could not speak English, an interpreter was sworn.
Thomas Butler . I am servant to Mr. Pownall. The dressing box that was under my care was lost out of our house in December last. The prisoner had been a servant with my master, and he went away that night. We brought him from Bremen in Germany; he went away of his own accord, and without giving warning.
Thomas Pasmore . I am messenger to the office for sick and old seamen on Tower-hill. I apprehended the prisoner on suspicion of his being a prisoner of war. He was sent to the marshalsea, and the next morning examined before the board. Some of them had read an advertisement, and said the prisoner answered the description in it of a person that had robbed Governor Pownall of a dressing-box. Then the prisoner told me, he would tell where the box was. I went with him; he took me to the Ship, and there it was produced. [Produced in court, and deposed to by Butler as his master's property.]
I hope the court will be as favourable as possible.
62. (M.) Mary Middleton , otherwise Hutchinson , spinster , was indicted for stealing one stuff gown, value 6 d. one quilted petticoat, value 3 d. one bed-gown, value 3 d. one linen shirt, value 2 s. one woman's waistcoat, and one cheque apron , the property of James Hunt , Jan. 11 . ||
James Hunt . I am a Smith , and live in Peter-street, Cow-cross . I was sitting reading below stairs last Sunday night, between eight and nine o' clock. I saw a woman go up stairs through a pane of glass. My wife was asleep on the bed; she got up, and called out, she was robbed, and that there was a woman just gone out. I went out, and got intelligence of the person, which was the prisoner at the bar. She was taken with the shirt upon her.
Mrs. Hunt. I went to sleep, and found something touch my foot. I thought it was my husband, and said, James have you no light? There was no answer. I got up, and threw the curtain by, and saw a woman go down stairs. Then I bounced out of bed, and found I had not a rag to put on. I called to my husband, and told him I had been been robbed.
Robert Williamson . I live in Mr. Hunt's house. I heard Mrs. Hunt call out, she was robbed. I went down stairs, and he and I went in pursuit. We were told by a woman who saw the prisoner go away, who she was. We met with the prisoner; she had the shirt upon her, and we found the other things at her lodging. [Produced in court, and deposed to].
I had been at Clare-market. I was coming home, and met a woman in Peter-street at a door, with a candle in her hand. I was very much in liquor. She desired me to hold the candle while she went up stairs. I did, and I staid several minutes there. She desired me to hold the things in my lap; but, she not coming again according to her promise I went to her lodgings, and came down stairs again with the shirt in my lap to see if I could find the woman that owned the things. The men laid hold of me, and said I had been robbing them. I said I was not guilty of any such thing. I delivered up the things directly. I never was up in the room in my life.
Q. to Williamson. Did she tell you how she came by the things?
Williamson. No, she did not; but said she had them very safe.
William Mason . I live at Ryslip , and am a farmer . Last Friday night I lost a sack of wheat out of my barn. The sack marked W. M. I went to 'Squire Jennings, and got a search warrant. I went to Lankstone's house on Sunday morning before he was up: there we searched, and found three bushels of flour. We charged him with taking a
Q. What is he?
Mason. He keeps two horses, and goes about the country with sand: the other is his brother-in-law, and is a labouring man.
Q. Did you ever find the sack?
Mason. No. Then we went and searched the other prisoner's house; but found nothing at all there.
John Mason . I am son to the prosecutor. I heard Lankstone confess the stealing the wheat; and he said also. that Smith was concerned with him. Then we took up Smith, and he confessed before Mr. Jennings, that he set a ladder up to the pitch-hole for Lankstone to get into the barn.
My house-keeper gleaned the wheat, that the flour was made of in harvest.
I am very innocent of it, they found nothing in the world upon me.
Both Guilty .
James Richardson . The prisoner worked with me. When he was gone home one night, I saw in his drawer a piece of silver, and the next day I saw it was gone: From that time I used to watch him; and on the 16th of December I was out in the evening, and my men had made a hole thro' the cieling to watch him. John Hayward came and told me he saw the prisoner put another piece into his pocket, when he had done work, and was preparing to go out; we stopped him, and found this silver in his pocket. [Producing some clippings of silver.] Here is eight peny-weight of it; I know it to be my property, because I saw it in the drawer in the day time, and I have the things here that he cut it from, that match it. I sent for a constable, and he was carried before a justice; he fell down on his knees, and begged I would forgive him.
Robert Hitchcock . I was informed by my master the prosecutor, that the prisoner had robbed him, so we watched him; after that, Mr. Hayward informed me he saw him take some silver, and put it into his pocket; this was on the 16th of December; so a constable was sent for, and Mr. Hayward pointed to the pocket he saw the prisoner put it in, and there it was found, about eight peny-weight of it; the prisoner owned it to be my master's property.
John Hayward . Before the 16th of December we had made a hole through which to look, in order to detect the prisoner; and before 6 o'clock I looked through it, and saw him take a piece of silver, and cut it in two; one piece he laid on the board, and the other he put into his left-hand pocket, where it was found; it was my master's property.
It is a common thing with us, after we have done work, to take care of the silver, and put it into a tin box; as soon as I had done work, I got up to look for the box; there was never a one; then I saw it was near 8 o'clock. I put it into my pocket, and washed my hands, and, going down stairs, I was called in by my master. They said, I had some of his silver in my pocket; I took out, and gave it him; and said, I did not do it with intent to wrong him of it.
Prosecutor. There was a proper box in the shop to put the clippings in at that time.
Q. Was it in a house?
Koren. It was.
Q. Had you any bedfellow?
Koren. A girl met me, and we went into a house, and went to-bed together; I put my bricks under the pillow, and when I awaked, they were lying by the fire-side; I did not find my buckles, so I go away.
Q. What became of your bedfellow?
Koren. She was there.
Q. Was it the prisoner?
Q. What reason have you for charging the prisoner?
Q. Did you ever get your buckles again?
Koren. The constable has them; his name is Brown.
Edward Brown . I took the prisoner in custody by virtue of a warrant from Justice Berry. The buckles were delivered to me. The prosecutor told me he delivered the watch to her to keep for him [The buckles produced in court, and deposed to.] She had sold the buckles to a silversmith, and the prosecutor's landlady went and redeemed them again; her name is Mayfield.
Mrs. Mayfield. The prosecutor had been about a week from Norway, he told me he lost his way coming home, and he gave his watch to a woman to keep for him; and he had been lying with a girl; and when he came home, he had no buckles in his shoes and breeches, this was on the 30th of December. He lodged at my house at the Black Boy and Star, New Gravel Lane. I went and found the prisoner (she had delivered him his watch again). I taxed her with taking his buckles. She said she did not take them, but she could go and fetch them. I went with her to the silversmith, where she had sold them for 13 s. and I gave him 15 s. for them again; he lives at the corner of Tower-hill; then I delivered them to the constable.
Q. Where does the prisoner live?
Mrs. Mayfield. She lives in Church-lane; I do not think she is the owner of the house, neither do I believe she took the buckles.
I had the buckles of the girl he lay with; and as to the watch, he gave it me to keep till morning for him; and I gave it him again in the morning, as soon as he asked for it.
Guilty 10 d.
There was no proof given of the first marriage, which was said to be in September 8. 1751.
She was Acquitted .
Q. What is he?
Morgan. He is an old cloaths man , and I have known him to carry fish about. I was in bed yesterday morning, and David Davis my servant came and told me, about 6 o'clock, that the prisoner had stole my silver tankard, and he had sent him to the round house.
David Davis . The prisoner came in at our house 9 at night; he had a pint of beer, and three halfpeny worth of bread and cheese was all he had. He went away between four and five in the morning, and never paid for his beer and bread and cheese. I saw him go out, but a chairman told me he had got something under his coat. I went out, and took him about six or seven yards from the door. with the tankard upon him [Produced in court, and deposed to by prosecutor.]
Q. In what manner did he carry the tankard?
Davis. He had his hand through the folds of his coat, and the tankard under the coat in his hand. I asked him why he went away with the tankard in that manner? he said, he was going to fetch some water; he would not deliver it to me till I called Stop thief, then assistance came.
I was going to get a little water, and when I came into the house the other servant fell upon me, and beat me very well; then he desired me to go about my business, which I did, and thought it (no hurt at all; and when I came back for the cloaths that I left there, they seized me. I came from Ireland, and have not been here long; I am but 35 years of age.
Guilty Death .
71. (M.) Richard Rushit , carpenter , was indicted for that he married Mary Dean on the 14th of February, in the 13th year of his late Majesty, and afterwards, to wit, on the 3d of February, in the 31st year of the said reign , he married Susanna Philips , Spinster , his former wife being then living and in full life ; to which he pleaded Guilty .
Hannah wife of John Shelton was indited for stealing one poplin gown, val. 9 d. one black silk cardinal, val. 6 d. and one pair of ruffles , the property of Hannah Taylor . Spinster , Jan 9 . ||
Hannah Taylor . I am a servant , and live in Russel-street, Covent garden; my box was locked and left as my brother's in Duke-street, St. James's-square , five months ago; there were my wearing apparel in it, the things mentioned in the indictment were part of them; the prisoner lived with a lodger there on the second floor. I missed the thing, mentioned last Saturday night; and a stomacher of mine was found in the prisoner's box, among her dirty linen. She was taken up upon suspicion; and, before justice Fielding, she owned she had pawned the gown at Westminister, and she produced the ruffles, and cardinal there.
Q. from Prisoner. Did you not tell me 40 times, that if I would confess any body else, I should be set clear?
H.Taylor. No, I did not; I do not know that any-body else was concerned in it.
The pawnbroker deposed the prisoner pawned the gown to him on Monday the 11th of December.
The prisoner said nothing in her defence.
72. (M.) Samuel Harris , otherwise Watts, otherwise Jones , was indicted for that he, on the king's highway, on Henry Kidgell , Esq ; 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. his property, and against his will , Aug. 15 . *
Henry Kidgell. On the 15th of August last I had been to the diversion at Sadler's Wells, for the entertainment of a young lady that came to see me from Dublin, she having never been in England before; I presume I might be stopt and robbed about nine o'clock, for I was at home about 20 minutes after nine. We were in a coach, I my wife, a kinsman of mine, William Horwood , and Miss Clark from Dublin; there came a man up to us on foot, when we were a few paces beyond the turning up to Southampton Row, beyond the Bowling Green, by the Long Fields ; he ordered the coach to stop, and put a pistol into the coach. I sat on that side next to Bedford-house; he rather presented it at first towards my kinsman, but he did to us all by turns; he said, Your money, your watches, quick, quick, gentlemen, or I'll blow your brains out. I gave him half a guinea and 18 d. He said, More money, your watches, your money, or I'll blow your brains out. I said, You fool, you cannot kill the whole company, you fright the women; here is mine, and gave him my watch; my kinsman gave him 4 s. 6 d. or 5 s. 6 d. and my wife threw a few half-pence into his hand; my watch was a metal watch, with a gold dial-plate, in a shagreen case, it wound up in the dial-plate; then he went off.
Q. Described what sort of a person he was?
Kidgell. I had the least sight of him of all the whole company, I can't speak to his person in a satisfactory way; he appeared to have black hair which hung over his forehead, and his eyebrows remarkably black and large; he kept a smart walk before he stopt us, and what view I had of his face was before he stopt us; I looked upon him to be about five feet five inches high.
Q. Was it light or dark?
Kidgell. There was a foulness or a mist gathered that evening, it was very hazy. As he went off, I saw him padding along the road: I sent a description of my watch to Sir John Fielding, and so I came by the knowledge of it again; the prisoner was taken up on another account.
Q. Where are your wife and kinsman?
Kidgell. My wife is sick in bed, and my kinsman could not swear to the prisoner when he saw him at justice Fielding's.
Q. Did you see the prisoner any time in August last?
Carr. I did, he had his own black hair on then: I had some conversation with him about a watch; he went into the country the latter part of that month, and left a watch with me till he came back again.
Q. Did he tell you how he came by it?
Carr. He said he had it in part of payment for a suit of cloaths that he had made, and, as I had not a watch, I might keep it till he came out of the country again; and when he came out of the country, I saw him in the park the day the queen came to town; he asked me how the watch went; it was a single case, a metal watch, and a gold dial-plate.
Prosecutor. This is the identical watch that I was robbed of that 14th of August, at night.
Carr. This is the watch that the prisoner at the bar left with me.
Q. You was mentioning some conversation you had with the prisoner in the park?
Carr. He said, if I liked it, I might have it at the same price he had it. I told him I would ask advice about it.
Q. What price did he mention?
Carr. He mentioned three guineas and a half.
Q. How long have you known him?
Q. Have you worked with him?
Carr. I have; but I seldom saw him except on a Sunday lately, because I was at work.
Q. What sort of a character did he bear?
Carr. While he was at work with me, he seemed very industrious, and worked very close as I did.
Q. When was his hair cut off?
Carr. I do not know that.
Partridge. I searched the prisoner's house in Devereux-court the day he was taken; I found a pistol below-stairs, in a bureau, loaded with powder and ball; it was locke d up; I found also some balls in the same place [Producing pistol and balls.]
William Smith . I searched the prisoner at Sir John Fielding 's, and found upon him some gunpowder, two balls, a pistol slint, and a steel seal, all in his left-hand breeches pocket; the balls fit to the same mold, as if made to the pistol found in his bureau. Before the justice, Mr. Carr produced the watch, and gave the same account as now. I heard Sir John ask the prisoner if he knew Mr. Carr? he said, he did. Sir John asked him, if Mr. Carr ever had a watch of him? he answered, No. Said Sir John, No! did you never sell him one? he said, No. Did you never give him one? No. Then Mr. Carr was called into the room, and said, he had that watch of Mr. Harris. Then Sir John said to Harris, Why do you deny it? Harris turned it off, and said, you never asked me if I lent it him. Sir John asked him how he came by that watch? he said, he took it in part of payment for a suit of cloaths, of one James, that was gone abroad.
Q. What sort of hair was it?
Tremlet. It was long black hair.
Q. Tell the plain honest truth, how he came to cut his hair off?
Tremlet. He was in my shop to have his hair dressed; he told me he was lately got into business for himself. I told him I thought it did not look creditable to a tradesman to wear his own hair, it looked like a gentleman's servant. He said, he should have no objection to cut off his hair, in case a person that cut it off wanted any thing in his way. I said, I had as lieve have part in cloaths, was I do make him some wigs, as not; and on that condition I cut off his hair, and made him two wigs, and he made me a suit of cloaths, and I paid him the balance. I never had any acquaintance with him before, I had seen him at a relation's house of his.
Last August a gentleman, an acquaintance of mine, met me going to Chelsea; he desired me to steplin at the Cannon, just beyond Buckingham Gate, and drink a glass of wine. I did. He asked me what business I was? I said, A taylor, and I land at Mr. Clackston's. Said he, I want a sut of cloaths, and was going abroad. I told him I was just beginning for myself. He called upon me and I measured him for a coat and waistcoat, the waistcoat trimmed with silver. I made them; he called and put them on, and liked them very well. They came to 8 l. 10 s. He said, I am very sorry I have been disappointed of a bill I was to have received. I said, I am verry sorry, because I do not know much of you. Said he, I have brought two watches, and I'll leave them with you till I pay you the remainder of the money. He had the cloaths on his back, and I was obliged to take them for my security. Some time after that I saw those two watches advertised as stolen on the highway. I went to Mr. Carr, and told him. I had received two watches of a gentleman, and would leave one of them with him, because I was going into the country. He said, if he liked it, he would pay me for it, I said, If you liked it, you shall have it at the same price I gave for it. I said, As for the man I had it of, he would never come again; I had seen him advertised, and I thought him to be a villain; when I came to town, the first day I saw Mr. Carr, he said, you know I have a watch of yours? I said, how does it go? said he, Very well. Said I, Do you chuse to have it? if not, you will do it no harm to keep it in your pocket. I said, If the man comes, I do intend to stop him, for I saw the watch advertised.
Q. to Carr. Did he declare any thing to you at that time about this watch being advertised?
Q. Did he mention that he had two watches?
Carr. I do not remember that he did.
For the Prisoner.
Q. Who did he work with?
Clackston. Upon my word I do not know that he worked with any body in that time; he behaved very well, very sober, kept very good hours, and very little company came after him except it was about business; he paid me very honestly.
He was indicted a Second time; for that he on Vincent Durand , on the king's highway, did make an assault, putting him in corporal fear and danger of his life, and taking from his person one silver watch, value 40 s. and five shillings in money, numbered, his property, and against his will , August 12 . *
Vincent Durand. About the 12th of August, I was returning from Sadler's Wells in a little light cart. I was going home to Hamersmith, and had my wife and two other women with me. I was stopt by a foot-pad about a mile from Sadler's Wells on the New Road , about 10 o'clock. He walked by the side of the cart a little way. Then he step'd from the rails, and swore he would shoot me through the head if I did not stop directly.
Q. How many horses had you in the cart?
Durand. But one. I drove him. The man presented a pistol to me with a very bright barrel. I gave him upwards of 10 s. He swore d - m you. you have more, and demanded my watch. I gave him a silver watch, with a black shagreen case, and a black leather string.
Q. What sort of a man was he?
Durand. I cannot say. I think he had a blue coat on, and his own hair, which looked to be of a dark colour, and seemed to be tied up behind. The moon shone in my face. I went to Mr. Fielding the next day, and described the watch. He sent for me the other day, and gave me orders to go to a pawnbroker's in St.Martin's-lane: there I saw the watch. I was at Mr. Fielding's; but not present when the prisoner was charged with this robbery.
Samuel Hance . I am a pawnbroker; I have known the prisoner seven or eight months. I live in St. Martin's-lane. On Saturday morning, the 15th of August, about nine o'clock, the prisoner at the bar brought this silver watch, and pawned it with me. He asked a guinea and half: I lent him 27 s. on it. He said he had it from a man who was going abroad, in part of payment for cloaths.
Q. Had he then his own hair or a wig?
Hance. He had his own dark-brown hair. [The watch produced, and deposed to by the prosecutor, and what he was robb'd of the 12th of August, having had it about thirty years].
Q. Did you ever see the watch advertised?
Hance. I was told it was advertised on the 14th of August; but that was after I had taken it in. I was present at the justice's when the watch was shewn to the prisoner. He said, that he neither knew it nor me. Sir John asked me, if I knew the prisoner. I said I did, and pick'd him out from others. I had seen him several times before he pawned the watch; he was a customer.
William Smith . I was present when the prisoner was examined on this robbery. The watch was produced: he said he knew nothing of it not the pawnbroker either. Sir John ordered the pawnbroker to go and pick him out; and he did, from amongst several others. I found, as I mentioned on the other trial, some gun-powder, two balls, a flint, and a steel seal, on the prisoner in searching him.
I know nothing at all of what I am charged with.
Guilty Death .
There was another indictment against him for robbing a clergyman on the highway of a silver watch and steel seal . He was not tried upon that; but the clergyman swore to the watch and steel seal (the latler William Smith found upon the prisoner) and they were delivered to him in court.
See him tried for stealing a brown gelding the property of his majesty, No 117, in last mayoralty.
73. (M.) John White . was indicted for stealing one wooden trunk covered with leather, one India bond for the payment of 100 l. five several bank notes, to the amount of 145 l. a gold case of a watch, value 5 l. a diamond ring, value 10 l. a pair of silver spurs, a cloth coat, a pair of breeches, and two tickets in the present state lottery, value 10 l. and other things , the property of Lewis Hughes , Clerk . Aug. 28 . +
Lewis Hughes . I came from Margate in Kent, on the 28th of August last, in my own chaise. I got to Westminster-bridge about eight in the evening; my last stage was from Dartford. I had a trunk behind the chaise, in which was a gown and cassock, my licence for orders, an India bond for 100 l. it was No B, 17, 393. there would have been two years interest due upon it next March; there were five or six bank notes, two of 20 l. one of 30 l. one of 25 l. and one of 50 l. - 145 l. in the whole, that of 30 l. was dated the 21st of June 1760, No 114, payable to myself; that of 25 l. the 14th of January 1761, No 406; there was another dated the 14th of February 1761, No B. 241; there was another, No 457, payable to myself, for 20 l. that is paid in the bank; this was delivered to me by a secretary of the bank; a fifth was for 20 l. payable to myself, but I do not know the number of that:
Q. How was the trunk fastened to the chaise?
Hughes. It was fastened with four leather straps; one at each end, and two round it, and an iron chain with a padlock on it, and the trunk locked; besides it was very well fastened behind the chaise. I am pretty certain it was not taken away till I came over Westminster-bridge. I came from Dartford by five in the morning; I saw the trunk there.
Q. Had you any servant on horseback by you?
Hughes. No; whenever I travel, and suspect any body, I look out, and bid people get away when they come behind me.
Q. Did you observe any thing particular after you came over Westminster-bridge?
Hughes. When I came to Parliament-street, I thought the chaise went heavier. I went on to the Nag's head in Swallow-street; when I came there, I found my trunk was gone. I called upon Sir John Fielding , and by his advice I advertised the things next day; and on Saturday the 12th of December I received a letter from him. I went there, and was present when Stotesbury was examined. Then I saw my India bond again; and before he took it out of his pocket I mentioned the number of it. There were produced also four lottery tickets of the last lottery; but they are of no value. I also found my diamond ring in the possession of Martin Lewis : upon this there was a warrant granted to apprehend the prisoner. He was examined before Sir John Fielding : he said he never saw Lewis in his life, nor ever had the diamond-ring in his possession. Mr. Fielding said, may be you don't know Stotesbury. He answered, no; I never saw him in my life.
Q. Where do you live?
Lewis. I live in Goodmans-fields; I am a vintner.
Q. How came you to see him in Moorfields?
Lewis. He sent for me; and I went by appointment to buy a ring of him.
Q. Did the prisoner send for you, and you had never seen him before?
Lewis. Mr. Swift sent for me.
Q. What is he?
Lewis. He is a Whitechapel officer; I am security for him. He said a person of his acquaintance, a farmer in the country, had got a ring to sell, and it would about fit me. So I went and bought it: I gave him eight guineas for it [Produced in court]. I am no judge of it.
Prosecutor. This is my property, and what I lost with the trunk at the time I mentioned. I was going to put this ring on my finger when it was produced at Justice Fielding's after I had to it, and I found it was made less; but I know this is the very ring.
Lewis. The next time I saw the prisoner was at Mr. Fielding's.
Q. How did he say he came the ring?
Lewis. He appeared like a credable man, and I did not ask him any questions at all. I bid him shew me the ring, he did, and asked eight guineas for it; which I gave him.
Q. Were you present at Mr. Fielding's, when he was asked whether he knew you?
Lewis. I was. He denied his knowing me. The ring was produced and given to Mr. Hughes just before he came in. He denied selling it to me.
Q. Did you say before the justice, in his hearing, that you bought the ring of him?
Lewis. No, I said nothing to him; but I had swore that before.
Q. Did you not say to the prisoner you bought the ring of him?
Lewis. Yes, I did; and he denied seeing of me.
Q. Did not you put him in mind of the Red-lion in Moorfields?
Lewis. No, I did not.
Q. What sign do you keep.
Lewis. I keep the Shakespear's-head, a tavern in Goodman's-fields.
Q. Did you use to deal in rings?
Lewis. No, Sir.
Q. What is that Swift's christian name?
Lewis. It is Richard.
Q. Did you make any objections to your going to meet the prisoner, and say, why could he not come to your house?
Lewis. Mr. Swift said, he was come to Smithfield, and could come no farther.
Q. Did you buy it to sell again?
Lewis. I bought it for wear, and wore it upon my finger in common till I was sent for by Justice Fielding.
Q. Did you ever shew it to any body?
Lewis. I shewed it to my friends, and told them what I gave for it.
David Stotesbury . The beginning of November last was the first time that I ever saw the prisoner; that was at Kitts Inn beyond Barnet, at the sign of the Crown; it was on a Sunday, I think the Sunday before my lord mayor's day. I heard he had a good horse to sell, both to run and draw. I went down to look at him. After some conversation, he said, I understand you are a broker. I said, I am. He
Q. Are you a stock-broker?
Stotesbury. I am a house-broker. They were tickets of the lottery then undrawn. There were some other blanks. He produced an East India bond for 100 l. and wanted me to buy it. I told him it did not suit me at that time to buy it; but I would dispose of it for him in the best manner I could. [The bond produced and delivered in, and compared with the bond laid in the indictment: they agree]. I sold the two tickets at Coilins's office for 11 l. each. I was examined before Sir John Fielding ; but cannot tell the day of the month. I gave the same account as now.
Q. Where were you when you were first applied to?
Stotesbury. I was a prisoner in the King's-bench for debt.
Q. Had you a visit paid you by the prisoner there?
Stotesbury. Yes, and much frighted I was.
Q. How long was that after you had been examined?
Stotesbury. That was the very next day after.
Q. Did you inform him that you had given Evidence against him?
Stotesbury. No. I did not.
Q. Had you paid him for the India bond?
Stotesbury. No, I did not. He had a note of mine for 15 l. He bid me, for God's sake, not to tell who I brought the tickets from, and that he would make me any satisfaction I desired. I did not know the ill consequence of it. I went immediately to a gentleman, who was a prisoner at the time, and told him of it, and asked his advice. White said, he would not have had his house searched upon any consideration. I dare say he would have given me 50 l. not to make any discovery. He did make me a present of a plain tortoise-shell snuff-box with a gold rim.
Q. to the Prosecutor. What sort of a snuff-box did you lose?
Prosecutor. It was a plain tortoise-shell snuff-box, finished in gold.
Stotesbury. There was a lip to it.
Prosecutor. That answers to mine.
Stotesbury. The prisoner offered me a note of 15 l. and to burn that which I gave him, if I wo uld say nothing of the affair. I told him I was very busy, and made soms excuses, and he shook me by the hand.
Q. Was you with him at any time besides at the Crown at Kitts Inn, and at the prison?
Stotesbury. I saw him at my own house. He never saw me nor I him, till we met at Kitts Inn.
Q. How many times was your house?
Q. What was his business there?
Stotesbury. He came to take houshould goods for the 15 l.
Q. Did he know your name?
Stotesbury. He did.
Q. Did he call you by your name?
Stotesbury. He called me by no other name?
Q. Did you buy the horse?
Q. Did he trust you that very evening with the India bond at Kitts Inn.
Stotesbury. He did.
Q. Did you say to him you would deposit a bond in his hands, if he was afraid of trusting you?
Stotesbury. No, I did not. I do not remember that I had an India bond to give him. I paid him a 15 l. note that night in part of the two tickets.
Q. How long was it after this that he came to your house for houshold goods for the 15 l. note.
Stotesbury. It was about a week after. The note was given for six days after date. He came to know if I had parted with the India bond. I said, I had not, and shewed it to him; and he was well satisfied, and left it in my hands.
Q. Is the 15 l. note paid yet?
Stotesbury. No, it is not.
Q. Did you propose any thing to him about your wanting a pair of horses?
Stotesbury. I wanted a pair of horses for a gentleman, a captain of a West India man. He uses the Jerusalem Coffee-house: he desired me to buy him a pair, because I had a parrot out of his ship, and I had a rendezvous at my house.
Q. Did you go alone to Kitts Inn?
Stotesbury. No, I had a friend along with me.
Q. Who was he?
Stotesbury. He was Mr. White's acquaintance.
Q. What is his name?
Q. Is he here?
Stotesbury. I don't know that he is.
James Hargrave . I am the landlord of the Crown at Kitts Inn. I have known Mr. White about a year and three quarters. He did live next door to me: he lives now in our parish, the parish of South Mims. He has lived in our parish ever since last Midsummer was twelve months.
Q. Did you ever see Stotesbury at your house with the prisoner at the bar?
Hargrave. I believe I did, on a Sunday, the very day before my lord mayor's day.
Hargrave. Nothing, but about buying horses.
Q. Did you see any notes?
Hargrave. No, I did not attend particularly to their discourse.
Q. Who came with Stotesbury?
Hargrave. I think I have learned since, that it was Swift; they came in and had a glass of brandy, and asked for Mr. White. I said, he does not live near me now, he lives farther in the parish. Swift asked the boy to go for him, and said, he recommended this gentleman to buy a horse of White; Stotesbury smoked a pipe, and asked many questions concerning this horse of Mr. White's.
Q. Did you ever see Stotesbury and the prisoner together before?
Hargrave. No, never.
Q. Did you not see a note pass between them?
Hargrave, I heard something mentioned about a note, but I cannot tell particularly; Stotesbury said, he had an order to buy a pair of grey horses for a gentleman, if this pleased, and he would have a black boy to drive them, and that would be a very great oddity; he said a merchant in the city would make him a present of a black boy. I believe Mr. White told me, a fortnight after he had sent the horses up, Dunstable fair was a little after, I believe he bought them there. He said to me, Did you see them? I said no. Said he, I have not got the money for them. I said, Were they Brown's? he said yes. Mr. White told me some time after that, that Stotesbury gave him a 10 l. note in part of payment, for he would not buy a pair of horses for him, or any-body else, without something in hand; perhaps he may return them upon my hands again.
Q. During the time these people were at your house, were they in any room where business of a private nature might be transacted?
Hargrave. There is a door opens into the kitchen; it is a large parlour, and they were close by the door.
Q. Let us have that account again, concerning a pair of grey horses?
Hargrave. Stotesbury said, If the horses pleased he would have a pair of grey horses for his own use, and a merchant in the city would make him a present of a black boy to drive them, and that would be a great oddity: He said, he had got the very best gown of the livery of the city of London.
Q. Did White tell you he would not trust him with any horses without the money?
Hargrave. He did, a fortnight afterwards, saying. he might lose 10 l. by them if they were returned upon his hands.
Q. Did you hear any mention made of an India Bond of 100 l.
Hargrave. No, I never did; I never saw an India Bond in my life, so I do not know what it is.
John Kirby . I found this bag in a place called Burch Grove, last Wednesday was se'night [ Produced in court.] I opened it, and pulled a black waistcoat, a black pair of breeches, two pair of shoes, some papers, and a tin-box (They are taken out of the bag in court).
Q. How near is that grove to the prisoner's house?
Kirby. It is about a mile and a half.
Q. What did you do with the things;
Kirby. I put them in again, and went to Mr. Osbourn that owns the grove.
Q. to Prosecutor. Look at these things, do you know either of them?
Prosecutor. Here is my name on the shoes, they are mine, so are the waistcoat and breeches; here were any letters of ordinance in this tin-box (holding it in his hand); these papers here are wrapt up in the brown paper in which was my India bond.
Elizabeth Parker , I found this trunk [A large trunk produced in court] in the ditch in a field by Dr. Whitfield's chapel in Tottenham-court Road, about seven in the morning, in last August, but I do not know the day of the month, it was 3 or 400 yards from the road; I called a man to open it, and he took it from me.
I leave it to my counsel; as for Mr. Lewis, I never saw him till at Mr. Fielding's. Then one street laid his hand on my shoulder, and said, This is White, before I was asked any questions at all. Street belongs to Mr. Pentilow; I have witness here to prove where I was at the time the trunk was lost; I was in Bedfordshire.
For the Prisoner.
Q. Do you know the prisoner?
Everill. I do, but I know but little of him; I bought a mare of him at Biggleswade, that is in the road to London; I keep shop at that market.
Q. What are you?
Everill. I am a glover and felmonger.
Q. What did you give him for her?
Everill. I gave him 6 l. 10 s. I was a little scrupulous whether she was found; so he left the mare and money and all in my hands, till he called for it.
Q. When did you buy her?
Q. Did he call after that?
Everill. He called at my house, and I paid him; here is the receipt he gave me, it is almost torn to pieces [ Producing one.]
Q. Did you see him write it?
Everill. I did.
Q. When was it wrote?
Everill. The receipt tells the time; he asked me what day of the month it was, and I went to the calendar to see it was the 28th of August, between four and five in the afternoon, I am sure it was on that day.
Q. What day of the week was it?
Everill. It was on a Friday.
Q. How was he mounted at that time?
Everill. He had got a very poor one, besides that black mare.
Q. Did he write the whole of the receipt?
Everill. He did.
Q. Do you know him very well?
Everill. No farther than this [ Pointing to him]; that is the man.
Q. Do you buy an almanack every year?
Everill. I do, and nail it up.
Q. What day is your market held on?
Everill. It is on a Saturday.
Q. What reason have you to believe this receipt was wrote on a Friday?
Everill. Because I recollect our market was on the next day.
Q. When was you first desired to recollect this circumstance?
Everill. I have a subpoena, or I should not have been here; it is all chance work that I recollect this. I wish I had not heard any thing of it now.
Q. Did you never see White between that time and now?
Everill. I cannot say that; I don't know that I ever spoke to him since the 28th of August.
Q. If you was to look into the almanack, which way do you look, to find the day of the month?
Everill. I must be very blind indeed, if I could not tell the Sunday; that is my method of finding it out.
Q. Had you any other transaction that week, that led you to take notice of the day of the month?
Everill. No, none at all.
Q. How do you know you did not reckon the 28th for the 21st, for that is of a Friday?
Everill. I am pretty sure I did not.
Q. This ink looks very fresh.
Everill. It has been wrote ever since that day.
Counsel. It looks as fresh as if it had not been wrote five days.
Q. Where was you served with the subpoena?
Everill. At Potton; I was from home, there was a bit of paper and a shilling left for me.
Q. Did the person that brought it, bring any note?
Everill. No, he only left a bit of paper and a shilling, that is all I know of.
Q. Had you never a letter sent you by White?
Q. Nor by his attorney?
Q. Nor by any friend in his behalf?
Q. Had you no message from White touching this trial?
Q. Tell me how you came to bring that receipt with you?
Everill. Because I looked for the receipt.
Q. How came you to know what White was charged with?
Everill. Because I had a subpoena to appear on the behalf of White, this being the only transaction that ever I had with him.
Q. Did you know at that time that White was charged with stealing a trunk.
Everill. I believe I saw it in the papers - I did not see it, but I heard it read.
Q. How long is that ago?
Everill. It may be a fornight or three weeks ago?
Q. Who read it?
Everill. The landlady of the house, named Fox.
Q. Did you make any remark on it at that time?
Everill. No, I did not.
Q. What do you recollect you heard read?
Q. Was the day of the month mentioned?
Q. Did you recollect it was the same man?
Everill. No, I did not.
Everill. No, not in the least.
Q. Did you ever tell any-body before to-day, that you intended to give an account that White was with you on the 28th of August?
Everill. No, not so much as my own folks, nor to nobody?
Q. Have you not mentioned it since you came to town?
Q. Was you ever asked by any-body to-day, whether you had brought your receipt with you?
Q. Can you read and write?
Everill. Just to do my own business; I can write a little; it must be very plain, if I can read writeing.
Counsel, I'll write a word, to see if you can read it [He writes on paper]. Tell me what it is.
Everill. This is the 16th of September.
Counsel. I see you can read writing; but this is very providential, your bringing this receipt, nobody ever mentioning it to you, and you never seeing him before in your life; do you buy and sell horses often?
Everill. Now-and then I buy and sell a horse.
Q. When you buy a horse, do not you ask your friends to come and give their opinions?
Everill. I trust my own opinion.
Q. Did the prisoner come alone?
Everill. There was a tall young man came with him when I bought the mare.
Q. Did he call him brother?
Everill. I did not hear him call him brother.
Q. What had you to drink;
Everill. We had a mug of ale.
Q. Had you any friend on your behalf?
Q. At whose house did you buy the mare?
Everill. At my quarters at the Swan at Biggles-wade.
Q. Was the landlord by at the time?
Everill. He was backwards and forwards.
Counsel. The prisoner had a great deal of faith to trust you 6 l. 10 s.
Everill. I suppose he might ask my character; every-body knew me there, and here too; I can bring a gentleman in town that I dealt with ever since the year 1738.
Q. Did you ask him whether he had inquired into your character?
Everill. No, I did not.
Q. Why did he not bring the money home with him?
Everill. Because I doubted the mare being found.
Q. How soon was you to pay for the mare?
Everill. The first time he called, call as soon as he would.
Counsel for Prisoner. When the subpoena came, did you recollect it?
Everill. I did.
Q. When the subpoena came, did you know what you was to come about?
Everill. I did not.
Q. Give an account why you put the receipt in your pocket?
Everill. I did not think of it, and put it in my pocket.
Q. Are you acquainted with any people in London?
Everill. I am, with a good many.
Q. Is any-body hereabouts that knows you?
Everill. The landlord, where I set up my horse, is here; his name is Weaver, at the Swan and two necks, St. John's Street.
Q. What is the hour of your dining?
Everill. At one o'clock.
Q. How do you know the exact time?
Everill. I am certain it was after four o'clock.
Mr. Weaver. I live at the Swan and two necks, St. John's Street; I have known Everill 20 years; he is a man of character, as good a character as any man in the world; no man bears a better character; he puts up at my inn.
Thomas Burton . I was at the Crown at Kitt's Inn*, when the prisoner and Stotesbury were there; they were talking about buying a horse. Mr. White said, he would not like him perhaps by candlelight. They had several words together. Mr. Stotesbury said, he could not buy him without he took a note; he would not take the note. Then Stotesbury said, he could not buy him without; he would take a 100 l. bond.
* Kitt's Inn, or Kick's End, a mile beyond Barnet.
Q. Are you sure of this?
Q. When was this?
Burton. This was on a Sunday evening after candlelight.
Q. What room were they in?
Burton. They were in the parlour first, and then in the kitchen.
Q. Where was this spoken?
Burton. They were in the parlour, and we sat at the door, which was upon the half-jar, and they were close to the door.
Q. Did you see the bond?
Burton. I saw it in Stotsbury's hand.
Q. What sort of a thing was it?
Q. Did you see any writing on it?
Burton. No, I did not, it was white writing paper.
Stephen Hicken . I remember the prisoner and Stotesbury being at Mr. Hargrave's, they were about buying a horse; I was there when Stoetsbury came in, and I fed the horses at the door; it was in the after noon, I can't say justly what time.
Q. What discourse did you hear?
Hicken. Mr. White said, if he bought him by candlelight, perhaps he would turn him upon his hands by daylight. Stotesbury offered him a note of hand, and he refused it, being short of cash. Then Stotesbury pulled out a paper, and said, White, can you change me a bond of 100 l.? Said White, I am a poor man, I cannot do it, and refused it; the paper was doubled up in his hand; he said my lord mayor's day was the next day, and he had as good a gown to put on as any liveryman in London; I was quartered in that house, and there all the time he was there.
Q. How long were they there together?
Hicken. I dare say they were together upwards of two hours, or thereabouts.
Q. to Hargrave. What time of the day was it when the prisoner and Stotesbury came in?
Hargrave. It was in the evening, those two light-horsemen were quartered in my house, and they were in my kitchen all the time.
William Grant . I have known the prisoner pretty near a year; I live in the parish of Kick's End; I have sold him sheep, and bought meat of him; I know nothing to the contrary, but that he is a very honest man, he dealt very honestly with me.
Q. What is his general character?
Grant. I can't tell as to his character?
Q. What do you mean by saying you can't tell as to his character?
Grant. I don't know any bad character in our neighbourhood.
John Busby . I have known the prisoner very well about a year and a half, I served him with meat; I never heard an ill thing of him in my life, nor an ill word come out of his mouth; he is a very sober man.
Q. Before that charge, what was his character?
Chadick. I can't tell; he paid me very honestly; he was seemingly an industrious man.
Q. Do you mean to say he is a very honest man, or you never heard any thing amiss of him?
Nicholl. I never heard any thing amiss of him.
Q. Did not he and his brother keep a house together?
Maitland. They did.
Q. What is his brother's name?
Maitland. His name is George.
Q. What is become of him?
Maitland. I do not know.
Q. How long has he been gone?
Maitland. I believe he has been gone this month.
He was detained to be tried upon another indictment which was found against him.
74, 75, 76. (M.) Richard Bryant , otherwise John Obrian, otherwise John Talbot , and Ann his wife , otherwise Ann Martin , and Esther Pallister , otherwise Esther wife of William Harris , were indicted for stealing one gold watch, val. 12 l. the property of the Reverend Mr. Bullock , November 23 . ||
Mr. Lane. On the 23d of November I set out from Mr. Ravenhill's, at the Golden Key, St. Paul's Church-yard, in the Exeter Coach, with a portmanteau and two cloakbags, put in the basket behind, Mr. Jenkins sent by me for his brother-in-low the Rev. Mr. Bullock, a gold watch, which I put into my wife's muff, and secured it in the trunk. The coachman hurried us very much; and, when we got to Stains, my portmanteau and two cloakbags were missing; I left my wife and sister to go by themselves, and returned to Sir John Fielding , and put an advertisement into the paper; staid two days here, and returned into Cornhill; there I received a letter from Mr. Ravenhill, that part of the things were found.
Edward James . I live with Mr. Ravenhill; I was at the putting Mr. Lane's portmantea and two cloak-bags into the basket behind the coach, on the 23d of November, about four in the morning.
Mary Bilton . I lived in Waterman's Lane, White Friers, in November last; the three prisoners lodged above me in the same house, the house of Mrs. Bailey; I used to light their fire every morning, and carry them up what they wanted. On the 23d of November, about half an hour after four, Brian and one Pallister came in loaded with some things; I heard both their voices; they staid above about three or four minutes, and went out again, and came in again exactly at five, with a box or trunk; I heard it strike against the cieling; at six they went down, and went out again; they came in again about two the next morning; I went up to wait on them as usual about eleven; there were Brian, Pallister, and one Duplex, they had got some silver buckles; they went out about eleven, and the next morning, about 3, I went up to wait on them; next morn. about eleven there came a Jew, he staid about half an hour, and went down with a great bundle on his back, tied about his head; then they call'd to me to bring them a candle, this was betwixt one and two in the day; there was no fire in their room, but that candle; then Pallister and Duplex went down, with each of them things in a handkerchief. Briant bid me light a fire; in ranking the ashes about, I saw a great many paper ashes; I found a paper with two corners burnt, and a card, with a direction on it for the Rev. Dr. Lane; I brought them down stairs; I went to Mr. Foster Powell , and shewed them to him; after which, by his inquiring, he found there had been this robbery. Briant was very short of money before this, but afterwards I saw him with 18 or 20 guineas and 13 or a dozen moidores; he went by the name of Talbot mostly [The card and paper produced and deposed to by Mr. Lane as his hand-writing, on the Three of spades, and putting it on the portmanteau].
Abraham Tristram . I was applied to by Mr. Ravenhill and Mr. Jenkins to go and search the prisoners lodging in White Friers; when I went in, there were Briant and Martin in bed together, he was asleep, there lay this gold watch by him [ Producing one.]
Henry Jenkins . I am a watchmaker; this I repaired for Mr. Bullock, the name and number are since altered, the name was William Harley , I had put a new joint to it; I sold it to Mr. Bullock some time before, I had put a new pendant to it, the former one being a small one; I went to screw the pendant on to the stud, and I had not opened the hole quite enough, so that I found it began to open by the force, so I filed the head of the screw, without forcing it any farther, which is now plain to be seen; I know it to be the same watch.
Tristram. In Briant's pocket I found a pocketbook, a bank-note of 20 l. and four 36 s. pieces; he told us the watch was made him a present of about seven months ago, by a brother of his, a nobleman's steward, at the Bath.
James Ravenhill deposed Mary Bilton came to him along with one Lawrance, and gave him an account of what she had seen and heard: That he was at the searching the prisoners apartment, and saw the gold watch found there: That Lawrance told him there were the portmanteau and cloakbag found in Fleet Ditch; which were produced in court, and deposed to by Mr. Lane, as what he lost at that time, the direction on the card fitted to a small piece on the portmanteau, and the letter F was part of it on each piece.
The watch was left me by a person that I buried but a day or two before, and, knowing I could not ring him to prove it, I said I had it of a brother-in-law.
Jane Mansfield . I knew one Conway*, who was an acquaintance of Briant's; I have seen them together several times at public houses; he died five or six weeks ago in the hospital; I saw he had a watch two days before he went into the hospital, but whether this it it, I cannot say.
* See Conway tried, No. 281. in Mr. Alderman Blackiston's Mayoralty.
Bryant Guilty , the two women Acquitted .
These were all in the portmanteau and cloak-bag when stolen, and the evidence the same.
Bryant Guilty , the two woman Acquitted .
77. (M.) Matthew Butler was indicted for stealing one cloth-coat, value 16 s. two linen aprons, one Holland smock, and 13 l. in money, numbered, the property of Thomas Riley , in his dwelling-house , Dec. 4 . +
Thomas Flinn , was indicted for stealing one gold watch, with a seal and chain, val. 20 l. the property of John Belfree , and Barnard Flinn for receiving the same, well knowing it to have been stolen , Sept. 23 .~
The prosecutor left his watch in a necessary house belonging to Mr. Bleward; where Thomas Flinn owned he found it hanging by the chain; and Barnard Flinn carried it to Abraham Abrahams , a watchmaker, and offered it to sale for 20 guineas. He and the watch were stopped. He said he bought it of Thomas Flinn for three guineas, and thought at that time it was bath mettle [it was a gold dumb repeater]. Upon Thomas's examination, he said, that he sold it to him for three guineas; that he knew a gentleman had lost it who visited where he was footman, and that eight guinea were advertised as a reward for it; but that he thought that not enough.
I gave Thomas Flinn Three guineas for it, and thought it was pinchbeck, and would have sold it again for such. I offered it for four. I was at the Spanish ambassador's, and there was a wager laid about it whether it was gold or not. There I was told it was worth ten pounds: I asked Mr. Abrahams twenty guineas for it, and after that sixteen. He called four persons to his character, who gave him a good one.
Both Guilty .
80. (L.) Ann Griffis , was indicted for stealing one silver shirt-button set with stones, value 18 d. and three quarters of a pound of candles, value four pence half peny , the property of William Chaney , Dec. 16 .~
George Morland . I am a gold-smith , and live in Grub-street. The last time the prisoner worked for me was on St. Thomas's day. I, being summoned to attend the wardmote, weighed my stock of silver, which was 25 ounces odd penyweights. I did not come home till eleven at night. The next morning I weighed it again, and there were four ounces deficient. What I missed was cuttings and filings of buckles. My children observed to me he had been melting, and I had given him no orders to melt. I went to the chandler's shop, and found he had had some pearl ashes, we can't melt the silver in a body without them. Then I had recourse to an assay-maker, and there I found there had been an assay made in his name. Then I went to the refiner, and found he had bought an assay of silver from the prisoner, which was 23 ounces odd penyweights, for which he received 6 l 5 s. 4 d. Then I went to Mr. Curry, where the prisoner had worked, to give him a caution that he did not serve him the same. He told me he also missed a quantity. I got a warrant, and took up the prisoner. He gave no satisfactory account before my lord mayor how he came by the silver, and he was committed. He was searched, and in every one of his pockets were the remains of filings. He hardly worked one day in six or seven, yet never wanted money.
Henry Curry . I took the prisoner up. I asked him if he had been selling silver. He denied selling that which Mr. Morland mentioned. I took him to Mr. Morland, and he gave a constable charge of him. He was searched, and his pockets turned insides out, and silver filings appeared on every one of them, both waistcoat and breeches.
Thomas Robinson . I am an apprentice to a rope-maker, and live in Old-street. I sold the prisoner a pair of silver chapes and tongues; there was an oz. of them: he gave me five shillings for them. This is about eight weeks ago.
Joseph Jones . I am a journeyman cabinet-brass-founder, and live in Golden-lane. I sold the prisoner a pair of silver shoe-buckles, knee-buckles, stock-buckle, hat-buckle, and a pair of silver sleeve-buttons, and an odd bit or two of a serril of a came; there were between seven and eight ounces of it all. He gave me 4 s. 9 d. an ounce. The whole sum was 45 s. He weighed them at a pawnbroker's shop in Golden-lane.
He was asked divers times, if he had not made a mistake in either weight or price. He said, he had not.
Margaret Linager , Jan. 8 .
The prisoner lodged in the house of the two prosecutors, in Three-legged-alley , near Bolt-court ; he took an opportunity, when they were out of the way, to take the things mentioned in the indictment. Sophia Davis , a neighbour, saw him with a bundle under his arm, and part of the gown hanging out.
The same evidences were examined as upon that trial.
She was Acquitted .
Guilty 10 d.
85. (L.) Mary Fountain , spinster , was indicted for stealing three linen table cloths, eight napkins, three clouts, two pieces of cotton, two yards of lawn, one callico bed-gown. one cap, one pair of laced ruffles, one linen handkerchief, two yards of lace, one lawn apron, and five yards of dimmity, the property of Elizabeth Gibson , Widow ; one necklace and one lawn gown, the property of Elizabeth Fountain , spinster ; one silk and stuff gown, one pair of stays, one cloak, one sattin hat, one lawn apron, and one handkerchief , the property of Alexander Young , Jan. 9 . ++
Elizabeth Gibson . I keep a collar-maker's shop in Liquorpond-street . I had given the prisoner leave to be in my house about last Easter; but she had left it three months ago. One Saturday night last after I was gone to bed, my daughter and sister, who lay together, came down from their bed-room, and told me my drawers were stripped. I got up, and we got Richard Bennet and another person to search about, and in a garret the prisoner was found concealed under a bed, and the things mentioned in the indictment were bundled up in a table-cloth by her, which were taken out of the drawers. She said, there was a man with her, who had taken the things from their places, and had bundled them up. We searched all about, but could find no man in the House.
Elizabeth Fountain . I am daughter to Mrs. Gibson. I went to look for my night-cap, and found the drawers were stripped. My aunt Young was with me; we thought we heard a noise. We went to my mother, and then called in a neighbour or two [the rest as the former witness].
The prisoner in her defence said, It is all right.
86. (L.) Caleb Paddle . was indicted for knowingly and designedly, by false pretences, obtaining three quarters of pork, containing six stone four pounds weight, value 15 s. of Henry King , his property , Oct. 24 . ++
87. (L.) James Chambers , was indicted for wilful and corrupt perjury on the trial of Thomas Quinn , with intent to have the prisoner acquitted, on a charge of felony in October Sessions last . See No 315 in last mayoralty.
There was only Frances Kirkwood appeared against him to confront what he had swore. It being only oath against oath the prisoner was Acquitted .
The trials being ended, the court proceeded to give judgment as follows:
Received Sentence of Death, 2.
Received sentence of transportation for fourteen years, 1.
For seven years, 17.
Barnard Nathan , Jacob Moses , Richard Briant , James Chaffey , David Williams , Rachel Burroughs , Henry Robinson , Nicholas Pressis , Mary Middleton , Robert Lankstone , James Smith , Thomas Gilson , Mary Chambers , Hannah Shelton , Thomas Flinn , Elizabeth Roots , Mary Fountain .
To be whipped, I.
Catherine Morgan, and to be imprison'd 3 months.