NUMBER III. for the YEAR 1762.
[Price SIX PENCE.]
WHERE MAY BE HAD, All Sorts of English and Foreign PRINTS and MAPS, BOOKS in all Languages, Arts, and Sciences, STATIONARY WARES, &c.
DRAWINGS, &c. Fram'd and Glaz'd in the most Elegant Taste.
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; the Hon. Baron Gould *, Sir Wm. 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 *, +, ++, refer to the Judges before whom the Prisoner was tried.
John Hewitt . I am a coachman to a gentleman at Deptford , and on Jan. 21, 1762, I was ordered to drive to Mr. Kennedy's in Leadenhall street ; when I was there, about 11 o'clock I went to buy me a pair of gloves, and left my great coat upon the coach-box; upon my return I missed my coat.
Q. When did you see it again?
Hewitt. At Mr. Kennedy's Shop [Coat produced, and sworn to].
Morgan Bennet. I was at Mr. Kennedy's in Leaden-hall-street, and saw the prisoner at the bar take a coat off the coach-box, but I did not know then but that he was the owner of it, and belonged to the coach. It was likewise observed by one of the ladies who came in the coach, who immediately told Mr. Kennedy that a man had taken the coat off the coach-box; upon which Mr. Kennedy inquired something of the man, and which way he went, and then pursued and took him about St. Mary Axe, and brought him back to his house.
Q. What did Mr. Kennedy do then?
Bennet. Sent for a constable, and carried him before my lord mayor.
Q. What did he say before my lord mayor?
Bennet. That he had never done any such thing before.
Mr. Kennedy. The 21st of January two ladies came in a chariot to my house; the first witness, John Hewitt , was the coachman; after some time, while he was absent for some purpose or other, one of the ladies said, a man had took the coachman's great coat from the coach-box: Upon inquiry which way he went, I immediately pursued and overtook him in St. Mary Axe, with the great coat under his arm
Q. Did Morgan Bennet give you any account of the matter?
Mr. Kennedy. Only that he saw the man take it; but did not know then but it might be his own. It was the lady that gave me the information, upon which I went after him; but she could not be persuaded to go with me before my lord mayor.
Said, That the coat lay a good part of it upon the ground, and that he picked it up from thence, and stood there for a good while without attempting to run away with it.
Elizabeth Best . I have a lodging at Mrs. Calley's in Catherine-street , and I take in plain work ; on the 28th of January last I had two shirts to ruffle, and I went out that day leaving one of them upon the dresser. I returned again in the evening; but I did not miss the shirt till the next morning, and then I looked for it, but could not find it. I suspected the prisoner at the bar of taking it, as she came often to the house, and I had no reason to suspect any body else. I got a warrant to search, and, upon inquiry, finding the prisoner, I charged her with having taken the shirt. She at first denied it, afterwards she owned she had taken the shirt, and pawned it at Mr. Brooks's for 4 s. Where I found it. This is the shirt.
Q. What means did you use to induce her to confess it?
E. Best. I promised to be as favourable as I could.
Q. What do you know the shirt by particularly?
E. Best. By this lace at the bosom.
Q. When had you that shirt?
C. You are to given an Account of the crape gown with which the prisoner is charged.
A. Calley. I missed the gown the same day that the shirt was missed, and it was afterwards found at the prisoner's lodgings.
Q. Did you find it there?
A. Calley. No; but it was found there with the sleevestaken off by Mrs. Best, and it is the gown that I lost out of my lodging.
Q. Where did you find the gown?
E. Best. At the prisoner's lodgings at St. Giles's.
Q. How do you know it was her lodging?
E. Best. By the woman of the house.
Q. Did the prisoner ever say where her lodging was?
Q. Did you lose any thing?
D. Rogers. I lost two cotton gowns; I lost them out of my room.
Q. When and where did you find them again?
D. Rogers. One of them on the prisoner's back, altered to sit her, and the other in her lodging at St. Giles's.
Q. How can you be positive? The pattern of one cotton gown may be the same as many others?
D. Rogers. I never saw one of this pattern. I have had it several years, and there are many marks that I know it by. [The gown opened, and the marks shown.]
Willis. I lost this handkerchief out of my lodgings, and upon inquiry I found it at the lodging of the prisoner, in her box not locked.
Q. How do you know that to be your handkerchief?
Q. Are you a married woman?
F. Willis. Yes.
Q. What is your husband's name?
I never wronged any body; I bought the gowns of an old cloaths woman, and altered one to fit me. I bought the handkerchief before I left my last place,
Q. Have you any witnesses to call as to the fact you are charged with, or to your character?
90. (M.) Morris Delaney , was indicted for stealing, out of the house of Thomas Combe, one silver scollop waiter, value 5 l. one silver waiter stand, two silver sauce boats, two silver table spoons, a pair of gold studs, one silver pint mug, one silver sauce pan, three shirts, three dimity waistcoats , the property of the said Thomas Combe + .
Thomas Combe . I live at Tottenham Cross ; and in the night, between the 12th and 13th instant, my house was broke open, and robbed of the several things mentioned in the indictment. When my maid got up in the morning, she found the parlour door and window shutter open, the drawers opened, and things all about the room. Upon that she came to acquaint me of it; my wife and I got up, and found the cupboard, where the plate principally was, broke open, the locks of the drawers forced open, and almost all the locks in the room opened, by a sort of instrument, we could not tell what. I sent for a carpenter in the neighbourhood, who said he thought it could not be done by any picklock keys; and upon inquiry in the neighbourhood, and of the watchman, if any-body had been seen about my house, I was told the prisoner at the bar had been lurking about the street; and, believing I had reasons sufficient to suspect him, I went to Sir John Fielding to get a warrant to search his house, and take him up. When I returned from Mr. Fielding's, I went to the constable's house, and he and I went to this man's lodgings with my wife, and found this instrument in his room, which we apprehend to be the very instrument that had forced or broke open the locks; which, upon bringing to my house and trying how it fitted the holes, we concluded it must be done by that, or some other such-like instrument. The constable afterwards took him; and had him to his house.
Q. What passed there?
Combes. He said he knew nothing of it.
Q. Was he searched at the constable's house?
Q. Did you find any thing of your property upon him?
Combes. Nothing at all.
Q. Then you charge him upon suspicion only?
Combes. Yes, my lord.
Q. Have you found any part of your goods?
Combes. No, my lord.
Margaret Combes , When Mr. Combes and I were informed the house was broke open, and there was some suspicion of the prisoner, my husband got a warrant to search his house, and I went with him; there was very little in the room, but a hammock put up in one corner of it, and this instrument lay in the window [holding it up]. I took it in my hand, and said, I think this very thing broke open my house; and, upon return home, we fitted it to several holes made in the drawers and cupboard doors.
Q. What other reason have you to think it was done by that instrument?
M. Combes. Any-body might see it was done by such an instrument, and this fitted the places.
Q. Did Mr. Combes, in your presence, ask him any questions about that instrument?
Q. Did the hammock appear to be screwed up by such an instrument.
Mr. Combes. Yes.
Q. Where do you live?
M. Waters. In the house the prisoner lives at.
Q. What do you know of this matter?
M. Waters. Only this, that he keeps very bad hours; and the night before I saw another man with him about 10 o'clock in his room.
Q. Can you tell whether the prisoner at the bar, or they, had been out that night?
M. Waters. I cannot say; they appeared to be both just got up about 8 o'clock that morning.
Q. Did you watch about the night of the 12th of February.
H. Melling. Yes.
Q. Did you watch near Mr. Combes's house?
Melling. No, my stand is a good way from his house; but I was going my rounds, to the best of my knowledge about one, and I met this man.
Q. Are you sure the prisoner is the man you met?
Q. What time did you say?
Melling. After one o'clock.
Q. Was any-body with him?
Melling. No, Sir.
Q. Had he any thing of a bundle with him?
Melling. None that I saw.
Q. Was all fast at Mr. Combes's about that time?
Q. What time did you go your round?
Q. Did you meet this man?
Rose. Yes, about four.
Q. Did you observe any thing about him when you met him?
Rose. No, nothing.
Q. Did you go your rounds after four?
Robert Edwards , carpenter. I was sent for to Mr. Combes's, to see what kind of instrument had opened the shutter, cupboard-door, and drawers, and I said it was forced by some other instrument than common pick-lock tools; that I imagined that it was by a screw like what is called a cooper's vice. This is what is called so [holding it up.] When this instrument had been found in his room, I tried it, and I found it went in very easy; and that this instrument, or some other like it, must have opened the desk, the drawers, and cupboard.
Q. Are you sure they were forced by a screw?
Edwards. The desk was forced in the joint opposite to the lock.
Q. Was the leaf of the desk much torn or not, or the drawers?
Edwards. The holes made in the flap of the desk were pretty much torn, but the drawers were not.
Q. So all we know from your evidence is, that this was done by that or some other instrument like it.
Constable. They brought me a warrant to search this man's house, and to take him up. Upon searching his house, we found this screw; and when I met with the man afterwards, I told him he must go along with me. He asked for my authority. I said, Here it is; upon that he struck me with his fist; and I said he had better be easy, and go with me. He then took his knife, and threatened to rip me up; and he got away from me then, but I afterwards took him.
Court to the Prisoner. Have you any questions to ask?
Detained upon another indictment.
Mr. Barnard. The prisoner at the bar was a servant of mine, and on the 8th of February my wife turned her away; and she was going out of the house with her box, when my wife insisted upon seeing what it contained. She at first refused it; then I insisted upon her setting down the box, and forced it open. On the top of the box were the seven bottles of wine mentioned in the indictment, viz, two bottles of Sherry, three of Malaga, and two of Madeira.
Q. The indictment mentions them to be your property: how do you know that?
Barnard. I went down in my cellar to see, and there I saw the vacancies where those bottles had stood.
Q. Do you keep those different sorts of wine in different places?
Q. When did you see the wine before?
Barnard. About two hours before, I went down with this servant, and I unfortunately left the key in the door.
Q. Did you, when you went in with the prisoner, take any notice whether the wine was all there?
Barnard. I observed it in the same situation as I had placed it; the Madeira stood by the Sherry, and there were only two bottles of each in that place.
Q. When you opened the box, you say you saw the bottles of wine at the top?
Barnard. Yes, my Lord, and several other things, as soap, starch, &c. not mentioned in the indictment. I then sent for a constable; and, upon his searching, he found the night-cap and handkerchief in her pocket?
Q. Was you there when he searched her pockets?
Barnard. No, my Lord.
Q. How then do you know that the cap and handkerchief taken from her were your property?
Barnard. They were my wife's, as my maid will prove.
Q. Was there any particular mark upon the corks or the bottles?
Barnard. No, my Lord, but she acknowledged before the justice her taking them out of my cellar.
Q. Did you see the prisoner?
Ledger. Yes; and, being desired, I was going to search her pockets, but she prevented me by putting her hand in her pocket, and pulling out this cap and handkerchief, and dropping them under her coats, which I immediately took up, and have kept ever since.
Q. Was you before the justice with her? what did she say there?
Ledger. The justice asked where she had the wine, and I think she said it was her master's.
Q. What particular knowledge have you of the cap and handkerchief, whereby you can be sure of it?
E. Hall. I have had them in my hands often; I have washed and ironed them, and have not the least doubt about it.
The cap and handkerchief were my own, and I put them in my pocket; and as I was going away, I thought the box would be cumbersome to carry, and I left the box locked; and when I came again, it was unlocked, and I know not what was put in or taken out?
Q. Have you any witnesses to call?
Catherine Grey . The prisoner is a neighbour's child, of a sober family, and I have known her a great while at service at Mile-end, and elsewhere, and I always thought her a very honest person, and never heard any thing to the contrary before.
Q. When did you miss it?
Q. Where was it you first missed your cheese?
Hickman. At the same time and place?
Q. Where did you find this butter and cheese again?
Hickman. In the hands of Mr. Trumbell, constable. [The case produced, the hoops were stripped off, and just begun to be cut.]
Q. How do you know this firkin to be yours?
Hickman. The dairyman cuts the letters I H, and the cooper likewise marks them with this mark. [ Showing it.]
Q. Are you sure, from these marks, that this is your firkin of butter?
Hickman. Yes, I am sure of it; and by the like marks I know the cheese to be mine, taken out of 15 that I had of the same sort, and I went before the justice to swear to the goods.
Q. Was the prisoner before the justice with you?
Hickman. Yes; and the justice told him he was very sorry to see a man so capable of getting his bread charged with a thing of that kind. He said he had found them, and that what he thought a fault, he thought none. However, he went away from me at that time, and soon after sent me a letter that he was innocent; that he should attend his business, and would surrender himself to the constable in time, or to the same effect.
Q. Did they appear to be concealed when you found them?
Trumbell. The cask of butter was on the ground floor, and the cheese in a drawer in the room.
Q. Did you find the prisoner at that time?
Trumbell. No, I did not, he came afterwards, and surrendered himself to me.
Q. Did you acquaint his wife that you had a warrant against him?
Trumbell. Yes, and he came and surrendered to me at my house the 18th day of January; then I took him before justice Scot, after acquainting Mr Hickman of it, who went with us.
Q. What passed before justice Scot?
Trumbell. He said he had found the goods in the stern-sheet of a lighter at Bull Wharf stairs, above bridge.
Q. What was there in your boat?
Berry. Ten firkins of butter, and forty-eight cheese.
Q. Whose property were they?
Berry. Mr. Hickman's, delivered by Mr. Hickman's waterman, and I was to take up 20 firkins more at the Three Cranes.
Q. You staid all night, you say; when did you take in the other 20?
Berry. The next morning, and carried it from thence to Woolwich.
Q. What day?
Berry. The day before Christmas-day.
Q. When did you miss this firkin of butter?
Berry. In the morning, before we took in the other 20, and likewise the cheese.
Q. When did you give Mr. Hickman notice of it?
Berry. I sent my servant down to Woolwich, and mean while I went and got a search warrant and the constable for to search, and I found them at the prisoner's house, in the manner before-mentioned, and did not go to acquaint Mr. Hickman of it.
Q. Where does the prisoner live?
Berry. At Red-maid Lane.
Q. How far might that be from the wharf where the goods lay?
Berry. About a quarter of a mile.
Q. What was the latest time in the evening when you saw those goods?
Berry. About 9 o'clock, when I left the boat.
Q. Are you sure that when you left the boat yourself, all the butter and cheese was in the boat?
Q. Had you seen the marks on the butter tub and the cheese when you took them into your boat?
Q. Now, pray, what induced you to get a search warrant to search the prisoner's house?
Berry. The watchman at the Red Bull wharf said he had seen the prisoner at that wharf about twelve o'clock that night.
I am a lighterman , and it is my business to be out all hours of the night, in order to do my business, and I went up to Red Bull wharf that night, about 12 o'clock, to see if the lighters were safe or in any danger, and my partner was with me, and we saw one lighter that was headmost in some danger, and, wanting a rope to secure it, I went into the other lighter that lay sternmost to get a rope; and I went down, my Lord, and observed a bag containing these things; and I said to my fellow servant, Here is something of a prize; and I handed it from under the lighter's storn sheet, and said I would carry it home to my house for safety, and when inquiry was made, the right owner should have it, there it should be ready for them; which I did. I was obliged to go away again about my business; and before I returned home again, a person told me my house had been searched, and such things found. I said I was innocent as to any theft; but when such things were found, I had carried them home, that the owner, upon inquiry, might have them again. I went home, and out again, as my business called me, till such time as they began to find the bills at Hicks's Hall the last session, then I was less at home; and I sent my wife to Mr. Hickman, to let him know that it was not thro' any fear of coming to him, I knew myself innocent, and he might depend upon it I would appear at the proper time to answer for myself at the court; I was told, my Lord, that if I did, I need not go before the justice. I came and spoke to Mr. Akerman, and said, I came in order to surrender myself; but Mr. Akerman said, there was no bail found, and therefore he could take no surrender; upon that I went into my business again, and I think in two or three days afterwards I went to surrender myself to the constable, with bail for my appearance. At this time, my Lord, I went before the justice, who said, there cannot be any bail for you. I said, that was very hard, for I was very unwilling to injure my family; but that did not avail, I was committed.
Q. Have you any witnesses to produce in favour of you?
Prisoner. My fellow-servant, who knows that I only carried the things home till a right owner could be found.
Samuel Woodward . I am a lighterman; I live at the Hermitage, servant to one Mr. Staples, and the prisoner was fellow-servant with me a great many years, and was at this time; and it is our business to look after our craft, and to do what business offers, and look out for more; and in the night preceding the 24th of December I was in a lighter at Red Bull wharf, to make it fast, and there was another lighter by, which my partner went into, to get a piece of rope; and, going down into the stern sheet, he found the bag with the things mentioned, and he said, Here is a prize; and I said, Hand it up, which he did; and it was put into the skiff, and he carried it to his house, saying, Somebody may inquire after it, and, if they do, they may have it; and afterwards, on the same day, I heard his house had been searched.
Q. So you heard him say he would take it home, that if any-body inquired after it they might have it?
Woodward. Yes, my Lord.
Q. Did you not look to see what prize this was?
Woodward. No, my Lord.
Q. Then you did not inspect it at all, but went down with your lighter, and, upon your return the same day, heard the prisoner's house had been searched. - Did you hear by whom, and on whose behalf?
Woodward. I think not till the day after.
Q. As you appear to be acquainted with this affair, did you ever go to acquaint Mr. Hickman with it, or of his character?
Woodward. No, my lord, I never troubled myself about it; Mr. Hickman had his things, and the prisoner follow'd his business as usual, and continued so to do for two months, so I thought nothing more would come of it.
Mr. Hickman was asked if the constable endeavoured to take him?
Mr. Hickman said the constable told him he had.
Q. Did you endeavour to take this man?
Trumbell. I did, I went to find him several times, three or four times to his house; and when ever I enquired for him, I was told he was in his business on board the lighter.
Mr. Jones. I have known the prisoner these ten years, and have employed him ever since August last; he has done my business very well, he has been intrusted with lighters loaded with linen cloth, and other goods of value, and we never missed any thing from them, and from whatever I know, or ever heard of him, he is an honest man.
Q. What reason had you to suspect her stealing of it?
Hicks. The money was there on the Saturday, and between that time and Monday my wife miss'd it. She had left my house unknown to us; upon that I went to see after the prisoner, and I found her in Star alley, and, charging her with the fact, she took out two guineas, and deliver'd to me as what she had stolen from me.
Q. Did you induce her to do it by a promise that you would not prosecute her?
Hicks. No, my Lord.
Q. Did you get the crown again?
Hicks. No, she had changed that; then I took her to the justice's.
Walter Poor . I live in the house where the prisoner lived; and in the morning of the 8th of Feb. when I came down stairs, there was a candle left burning; I supposed the prisoner might be gone out to get a dram. I opened the shop, and staid there till my mistress came down, and asked for her. I said I knew not where she was; and afterwards my mistress miss'd the money, and my master went out to search for her, and found her, and had her before the justice.
That she saw it in the cupboard, and took it, left any-body else should.
94. (M) Ann Stubbs and Mary Davenporte , spinsters , were indicted for stealing seventeen linen sheets, value 4 l. twelve pillow cases, value 14 s. three round towels, val. 3 s. two holland shirts, one pair of silk stocking, half a pound of coffee, 4 damask table-cloths, 2 napkins, and sundry other goods , the property of the E. of March and Rutland . +
Malcomb Black . My Lord, about the latter end of March I had the honour to enter into my Lord March's service, and I found the prisoners at the bar, Ann Stubbs and Mary Davenporte , were intrusted with the care of linen, grocery , and other things, together with the housekeeper. Some time after Mary Davenporte 's conduct was not approved of, and I was ordered to give her warning, which I accordingly did. Soon after Ann Stubbs came to me, and express'd her dissatisfaction, and desired that she might be discharg'd; which I complied with, and paid them their wages; upon my taking an inventory of the linen, it appeared extremely thin, and in very bad order.
Q. You mean there was not found that quantity of linen you expected?
Black. It was merely according to the inventory they gave me, saying, here is the inventory we had; but, seeing no date to it, I was in some doubt whether it might be right; however, they pretended it was the inventory given to them; but when, they could not tell; the linen which they then delivered was in great confusion, and hardly sorted.
Q. When they delivered up the linen, did you check the inventory according to the several articles?
Black. Yes, and found it nearly agreed, but not exactly; this was late at night, at least ten o'clock. The next day, as I began to examine this inventory, great doubts arose, how such a family could be so extremely destitute of linen. About two or three days after they went away, a very considerable bill was presented by the linen-draper, and I was surprised that all those goods should be charged to my Lord, and so few or scarcely any of them to be found.
Q. What might the amount of the bill be?
Black. I believe, including a former bill, above a hundred pounds.
Q. What did you do in consequence of this?
Black. I inquired if any-body knew the hand of that inventory, but I could not get any satisfactory account; whereupon my suspicions increased, and accordingly, my lord, I determined to go to Sir John Fielding 's to get a search-warrant, in order to search their lodgings. It was with some difficulty I found out where it was; but at length I found it to be at one Anderson's in Blenheim-street: soon after I came in I acquainted Ann Stubbs and Mary Davenporte , that I was come there to search their lodging. They expressed great displeasure, that they had lived so long with Lord March, and that at length it should come to this. I told them I had a constable accompanied me, and they must submit to it. They opened several boxes, and I saw only a few things, viz. some sheets, which appeared too fine to have been their property: turning round I saw a box, and desired to know the contents of it. Upon opening it there were thirty or forty pounds weight of candles. This increased my suspicion, and Mary Davenporte told me she had bought them of a person going out of town but a little before. - Looking round I saw a door with a brass lock to it, leading, as I thought, into another room; there were several things standing against it. I desired to know whether that room belonged to them. They said it did not. I asked who it did belong to. They said to a carpenter, who would not be at home till seven o'clock. I said I could not wait so long, he must be sent for. Upon this one of the prisoners went down, and soon after came up again, and said he would be at home between one and two o'clock. However, my suspicion rather increased, and I went down and asked the landlord's daughter whose room it was. Sir, said she, the room belongs to them, and they pay rent for it. Upon this I wentMary Davenporte to see if she had not a key to open this door. She brought some keys, but none of them would open it. Upon this I ordered the constable to do it. The lock was on this side of their lodging - the constable therefore unscrewed the lock. I asked if there was any thing of theirs in that room. They said, yes, a box or two. Upon my entering the room, I found it to be a perfect ware-room, and contained such a quantity of things as one could scarce expect to be collected together. Pointing to a box, that appeared to have belonged to a coach. I asked if that was theirs; and they told me it was. Then I desired them to take the things out; and Ann Stubbs , taking up one sheet, tore off one corner of it.
Q. Did you look on the corner that was tore off, whether there was any mark on it?
Black. I did, my lord, and there was.
Q. What mark was there?
Black. Several dots in dark-coloured silk; that are known to the laundress. I said, O fie, Ann, what are you doing? She then took out a couple of napkins, marked with M. R.. and a coroner, for E. of March and Rutland. I pulled them from her, and desired the constable to put them with the sheet which the corner was tore from. I did not then intend to make any farther search, and ordered a coach to be called, and took the bundle, the sheets and the napkins, to the justice's.
Black. The constable and the prisoners.
Q. After you left the lodging, what became of the keys of the room in the mean time?
Black. The keys were lock'd up in the inside. When I came to Sir John Fielding , he asked me what we had found, and I told him; but, upon looking for the napkins, they were missing - and Sir John told us, laughing, we were very bad searchers. I went back again with Mary Davenporte , and the other staid at the justice's. I told Mary Davenporte she had better have been quiet with the things I had already taken away, than give me farther trouble, and have more things found against them, and insisted upon her finding those napkins. She said, to tell you the truth, they are not here. Will you then, said I, tell me another truth, where they are? She told me she had thrown them away out of the coach.
Q. Did you find any linen sheets there with particular marks upon them?
Black. Yes, I believe there are ten or twelve of them that are properly marked with M. R. and a coronet, and some otherwise, and known be my lord March's laundress. There was also half a pound of coffee unroasted, directed for my Lord March.
Q. Did you find any keys in the room?
Black. We found in different places sixty-five keys.
Q. Did you try any of those keys upon the locks belonging to Lord March?
Black. Yes, and found five keys that will open eleven locks; four locks to rooms, and seven other doors. One of them the linen press, a library table, and other places wherein things of value are deposited.
Q. You say you examined the linen by the inventory, and they very nearly but not exactly agreed - Was either of the prisoners housekeeper at my lord's?
Black. No; but they were severally intrusted with keys, and things of value. Ann Stubbs had been in my lord's house eight or nine years, and, I suppose, bore a very good character; and Mary Davenporte had been there but about a year, and her character unsuspected.
Court. You say it was with difficulty you found her lodging; I am informed you had been there before, and dined there.
Black. I am amazed! I never was.
Thomas Morgan . I went with Mr. Black to search the lodgings of the prisoners; and, telling them what business I came upon, they seemed to be a little out of humour. Mr. Black soon discovered a box, which he desired to be opened, and it contained a quantity of candles, which Mr. Black supposed might belong to my Lord. Soon after Mr. Black asked who that belonged to, pointing to a door that was locked? One of them said it belonged to a carpenter. He desired to see it opened. She said they had no key that would open it. Upon Mr. Black's order I unscrewed the lock, and we went in, where there were several things, which Mr. Black said belonged to my Lord.
Thomas Morgan . I did; and they were asked for two napkins which had been found in that room; and upon their being missing. Mr. Black and Mary Davenporte went back to find them, but they did not; she said she had flung them away. We went the next day and found keys and several other things.
Q. to Black. Was that paper containing coffee there?
Black. Yes; directed to the Right Honourable the earl of March.
[The laundress being called, the sheets and other things were produced and shown article by article, and she deposed they were my Lord's property.]
Q. to Mr. Black. Were any of these things so old and out of repair as to be usually given to servants?
Black. There are many of them so fine, and in such good condition, I cannot suppose that to be the case.
Q. to the Laundress. How do you know that shirt?
Laundress. By an M R, that it came from Scotland, and was made by a person who did not know the coronet, and said positively she knew it to be my Lord March's shirt.
Ann Stubb's Defence.
My Lord, there are a great many things that are not my Lord's property, and they have done us great injustice in charging us with stealing them.
My Lord, they have opened a box of mine that has not been opened these ten years, and belonged to my mother.
Q. What was your mother's name?
For the Prisoners.
Mr. Willis. I am a gentleman, and I have known the prisoners several years, they were servants to Madam Cartes, where they were intrusted with very considerable property; they always bore an unexceptionable character; they have been frequently at my house, where there have been bank-notes and other things of value lay open to them, and I never had any reason to suspect their honesty.
Edward Postern . I have known the prisoners these twelve years, they lived in a house in Bloomsbury opposite to me, where they were intrusted to a considerable value, and I never heard any person question their honesty.
Mr. Anderson. I have known them about twelve years, and I always looked upon them as persons of good character.
Edward Jones , Margaret Wilkinson , John Alloway , Catharine Davidson , Elizabeth Oates , William Thompson , William Ferry , Martha Henry , Francis Palmer , Robert Smith , and Hester Stephenson deposed, that they had known them several years, that they always bore a good character, and they believed they deserved it.
Ann Willis said she knew them many years servants to Mrs. Cartes, and intrusted with great property; that they did every thing with great care and probity, and that Mr. Cartes, junior, told her that Mary Davenporte had many things left her of value.
James Andrews . I was going to Black-Friars, and I stopped at a picture-shop in Cheapside ; in a little time Mr. Harris, a haberdasher, told me I had lost my handkerchief, and he thought he saw a little crooked fellow take it; I went after him and found it upon him; when I charged him with taking it, he said he had picked it up.
John Gilbody constable. I was coming by and asked what was the matter; the people persuaded me to let him go about his business, but I took him before my Lord Mayor, and his Lordship committed him to the Poultry.
Nathaniel Thawley . I live in the Poultry , and keep a shop of ironmongery and hardware goods ; about seven o'clock in the evening of the 18th of February, the prisoner came to my shop and asked for a pound of honey (which I also sell); I put in a pound weight, and turning round to get some other weights, to balance the pot more exactly, when I turned round again there was no weight in the scale, and the man was making towards the door, which being shut I got to before he could get out, and seizing him by the collar of his great coat, told him he should not go till he had given me my weight; but he gave a spring to get away, and we both fell down together, and by his fall there fell out of his bosom sixteen iron spring cases, made for screens for the eyes; while we were struggling, a woman coming by took them up and carried them into my shop; a constable happening to come by at that juncture, I charged the constable with him, and he took him before Sir Matthew Blackiston , Knt. who committed him.
Q. How do you know they are your cases?
Thawley. I had two dozen of them, and I sold three out of one dozen and five out of another: I am certain they dropt out of the prisoner's bosom in the struggle, and I know they were in the shop at the time he came in.
I was at Gravesend that morning, and went to see for my captain; when I came to town I went to see two or three acquaintances and staid with them till near night, and passing by this gentleman's door he
Q. Am I to understand by your account, that you never was in the shop?
Prisoner. I never was; I asked the constable and the gentleman, the next day, what business they had with me.
Q. Have you any witnesses to call?
Guilty, 4 s. 10 d.
Mary Thomas . The prisoner came into my house last Sunday; there came in a little girl for some beer, and she said Mrs. Houghton had got two pint pots; I went to her and charged her with it, and I found there was one in her pocket; she said if there is it is none of yours; but upon sending for an officer she took it out of her pocket, and put it on a form in my house; upon that my husband came in, and he took another out of her pocket; she owned it was a great fault.
I never wronged any body in my life.
For the Prisoner.
Stephen Dalton . On Wednesday the 10th of February, between six and seven in the evening, as I was sitting in the parlour behind the tap-room, a woman in the fore room picked up a black silk apron that lay on the floor; she called out to my wife to know if she had lost any thing, and my wife went and took it of her. On her returning to me, she said, the Lord bless me, how came this apron out of my drawers? I said, you must take more care of your things. The maid (the prisoner at the bar) went up stairs some little time before, and my wife going up stairs, I immediately heard her talk something about fire; then I went up stairs, and casting my eye to the bed I found the bed cloaths a fire, and my wife turned about, and said, O! Lord, Sall, what have you done! I turned about as she was going out of the room, and gave her two or three kicks as she went down; she ran out of the house, and I went back immediately to put the fire out, not seeking at all after her. Some people in the tap-room seeing a smoke, came up stairs, and one of them seeing smoke come out of the drawers in the same room, we opened the drawers and found some part of them on fire, with some things in them. After the fire was extinguished, we began to examine what things were missing out of the drawers. About this time a girl came in and picked up a muslin double ruffle at the door, which the maid had dropped.
Q. Who saw her drop it?
Q. Might not the things that were missing out of the drawers be burnt?
S. Dalton. No; there were three silver spoons and other things.
Q. How long had the prisoner lived with you?
S. Dalton. Three months.
Q. Why did you put them in the indictment?
S. Dalton. Because they were in the house that afternoon, and never found since.
Q. Had you a suspicion of her dishonesty when you kicked her down stairs?
S. Dalton. Only that she had carelessly set the bed on fire.
Ann Dalton . As I and my husband were sitting in the back room, some person said, Mrs. Dalton what have you lost? I said, I don't know that I have lost any thing; they said I had; and with that I went to them and found a black silk apron: I went into the next room, and said to my husband, Lord have mercy upon me, how came this apron here? And my husband said, It is carelessness in you not to keep your drawers fast; upon that I went up stairs, and pulled the latch of the door, but could not readily get it open. When I did, the candle was out, and I said; Who is there? what is the matter? And the maid answered, Nobody but me, Madam. Then said I, What have you done? what is the matter? there is fire in the room. And I said, For God's sake, go down and light the candle as quick as possible; but, she staying some time, I called out for somebody to come up stairs; which they did, and went to the bed side, and the bed was tucked in very close; and we pulled off the sheets and blankets, and found it all on fire; and one of the men looked at the drawers, and saw they were in a smoke, and took out one of the drawers, and turned out the things, and they were on fire; here are the remains of several things that were on fire; and there were in the drawers before, three pair of double ruffles, a gauze handkerchief, one black silk handkerchief, one flowered linen one, and three large silver table
Q. What did you do upon this?
A. Dalton. I was quite unhappy about it, finding my sheets and linen burnt, and many things lost, and I could not hear where the girl was, till my husband, by much inquiry, found her, and took her before Justice Fielding for examination.
Q. In the course of that examination, did you find out any of the other things you lost?
A. Dalton. No.
Q. Who was the person who told you a little girl had picked up some things at the door?
A. Dalton. Mr. Bradfield.
Q. Did you know where the prisoner's father lived?
A. Dalton. I did not at that time; I took her upon her uncle's account.
Q. Did you go to Mr. Kelley's to inquire for her that night?
A. Dalton. No.
Q. Pray now, good woman, when you heard where the father's house was, why did not you search his house next morning?
A. Dalton. I really did not know; I believe her father's house was searched some time the next day.
Q. How old are you?
H. Abram. Turned of fourteen.
Q. Do you know the nature of an oath?
H. Abram. I believe I shall be punished in another world, if I don't speak the truth. I was going of an errand, and I saw a girl coming out of Mr. Dalton's, who dropt a yard of new muslin and a plain double ruffle.
Q. Do you know the person who dropt it?
H. Abram. No, I do not.
Q. Was she coming out in a hurry, or leisurely.
H. Abram. She came out hastily.
Q. Did you offer to stop her, or ask her any questions?
H. Abram. No.
Q. What did you do with the things she dropt, and you pick'd up?
H. Abram. I carried them into the house, and gave them to Mr. Bradfield.
Q. How long have you known Mr. Dalton?
H. Abram. Very lately.
Samuel Bradfield . I was at Mr. Dalton's the 10th of February in the evening, and I heard a tumult in the tap-room; and this girl, coming in, asked for the mistress, and she said a young woman that went out had dropt some things.
Q. Pray, Mrs. Dalton, when did you see the things, and where, the last time before that?
A. Dalton. In my upper drawer.
Bradfield. I heard her go out.
Q. Are you sure it was her?
Bradfield. No, I am not.
- Brenton. I was at Mr. Dalton's about six or seven o'clock, sitting in the tap-room, and I heard an uncommon noise of the girl's running down stairs, and she ran through the tap-room with something in her apron.
Q. Did you see her.
Brenton. I saw her running by me out of the door, my Lord, and just after she had ran by me a man pick'd up a black silk apron; soon after that I heard Mrs. Dalton cry out, that the house was on fire: then I ran up stairs in order to put it out. When I came there I found three upper drawers on fire, and Mr. Dalton putting it out in the bedcloaths. One of the witnesses ran and fetched some water, and we took the things out of the drawers, and dipt them in it, in order to put out the fire.
Q. Was the prisoner in the house?
Brenton. No, she was gone about three minutes before, and never came back any more till she was brought back.
Q. When was it the black silk apron was found? Was it before or after the girl came running down?
Brenton. Upon her running down, she dropt it going out of the door.
Q. Are you sure the black silk apron was not found before she came running down stairs?
Q. Do you remember any thing being said to Mrs. Dalton about the apron?
Brenton. Not till after the girl was out of the house?
Q. Upon what occasion did Mrs. Dalton go up stairs?
Brenton. Mrs. Dalton called to the girl, and she made no answer; then she went up stairs, and found the room on fire.
Q. Just after the girl was gone, and the apron found, did any-body call in, saying, I saw a ruffle drop'd, and I pick'd it up.
Q. Was you in the room when it was delivered?
Q. Was you sober at that time?
Brenton. As sober as a judge.
Q. Was you up in the room at all?
Brenton. Yes, and assisted at putting the fire out.
Q. Was the discovery made by the girl after the fire was put out or before?
Brenton. The apron was before; but I cannot say whether the ruffle was found before or not.
Q. What was the first alarm?
Brenton. The girl's coming down stairs in a great hurry, and dropping something which appeared to be this apron; and soon after a girl brought in the muslin ruffle and some muslin.
[Court observed this witness plainly mistook in giving his evidence].
Q. Was there any alarm of fire just at that time?
Belton. Yes, and I went up to put it out; and when I came up the master shoved the girl down stairs.
Court. If I understand you right, you found the black apron dropt at the foot of the stairs before the girl, being shoved by the master, came running down stairs and ran out of doors.
I never stole any thing from them.
For the Prisoner.
Mrs. Osborn. I have known her about eight years; she was always a very honest girl, for any thing I knew, and I would take her into my house as a servant to-morrow if I wanted one.
Mr. Kelley said, she resided at his house when out of place, and he had not the least doubt of her honesty.
- Kelly deposed, that, when his house was searched and she not there, she went and surrendered herself, and readily went before the Justice.
William Cowlin also said, that he had known her these ten years, that she was a very honest girl to the best of his knowledge; and that, when she was inquired after on account of this charge, she was not at all averse to going before the Justice.
The prisoner was farther arraigned for setting fire to a part of the house ; but as neither Mr. Dalton, nor any other evidence, gave any proof of any part of the house being burned, the Court was of opinion that she should be acquitted of that indictment, and she was thereupon acquitted . Then the Judge reprehended her conduct, and recommended it to her relations to take better care of her.
99. (M.) Samuel Izack , late of the Parish of Feltham , was indicted for stealing two chimney glasses, value 2 l. 10 s. six brass locks, value 20 s. and a parcel of galley tiles , the property of William Fawkener , Esquire , some time in Nov. 1761 . +
Mr. Payne. I am a carpenter at Hammersmith, and was intrusted to take care of a house belonging to 'Squire Fawkener, and to do something to it; there were two chimney glasses, and several locks upon the doors, and some other things. Some time in November my servant informed me, that some of the locks had been taken away.
Q. When did you go to the house yourself?
Payne. The 26th of November; and I missed the six locks, two chimney glasses, and some galley tiles.
Q. What did you do then?
Payne. I acquainted Mr. Fawkener with it, and consulted what to do.
Richard Smith . Some time in November last, the prisoner and I went to a House of Mr. Fawkener, and took away from thence six or seven brass locks and some galley tiles. When we had taken the locks off, we concluded to sell the tiles first; but not meeting with a purchaser, then we endeavoured to sell a lock. As we could not meet with any-body immediately to buy it, we carried it to Mr. Hilton, a pawnbroker, to pawn it.
Q. What did you pawn it for?
Smith. Two shillings.
Q. What did you do with the rest of the things?
Smith. We got leave for the tiles to remain at the pawnbroker's till we called for them, the locks we took home to Izack's house. and we took the insides of the locks out; for that, he said, would be the best way to sell them. A day or two after he told me, I should sell or pawn one, and he and I went into Swithin's-alley, Le cester fields, and I pawned it for 18 d. at Mr. Watson's. Then, my Lord, we parted; he had the rest, and in a day or two he sold one, but where I cannot say. Then I sold one.
Q. What became of the tiles?
Smith. He told me he had sold them to a man in the street.
Smith. The first lock that he sold he kept the money, and for that I sold I kept the money; but I know not what became of the rest.
Q. Do you know any thing of the chimney glasses?
Smith. We saw none when we were there; we only took brass locks and the galley tiles.
Q. How much had you of the first lot that was pawn'd?
Smith. One shilling, my lord.
William Gee . I am the person who first missed the things. Some time after Michealmas there was one chimney glass in the parlour, and another in the housekeeper's room up stairs, besides a lookingglass in another chamber, and several brass locks, I believe 12 or 13. Afterwards a gentleman came to look at the house, and he asked me if there were locks to the doors; and I said, yes, brass locks. Then I went to shew him the house, and missed six or seven of the locks, and called my fellow-servant to shew him that the locks had been taken off; and observed, that the person, who had taken them off, had broke the boxes, not knowing that they were false ones; and, upon acquainting my master of it, he ordered me to take off the rest, which I did. Some time in January a person came to look at the house, and it appeared to us, that the doors must have been broke open to get at the things up stairs.
Q. What time of the day was it?
Hilton. In the afternoon. Some time after he brought another lock; which I said I would not have any thing to do with. Afterwards Richard Smith came with one, and I refused taking it in. After this I saw an advertisement of some locks being stole, and I went to Sir John Fielding 's and gave a description of the men; they knew them both very well.
Q. Was any-body with him?
Watson. No, my Lord, not that I knew of.
Q. Did you know him.
Watson. I have known him for some years.
Q. Did he offer to pledge any thing else?
Watson. Yes, a basket of tiles; but some were broken, and I refused taking them in pledge. He desired that he might leave them till he called for them, which I permitted him to do; and they were fetched away that day. I have known Izack a good many years; he is a shoemaker, and I have often taken in shoes of him that were his own making.
[The Court was desired to ask Mr. Payne if Sir John Fielding did not tell the prisoner, if he could charge Smith with any thing, and was not concerned in the theft, he should be admitted an evidence. Mr. Payne answered in the negative].
Q. Was he then admitted an evidence, or not till Isaac was examined.
Constable. Before his examination.
Q. Did he give the same account of the affair as he has done now?
Constable. Yes, my Lord.
For the Prisoner.
Q. How often did he come to write?
Clarke. Two or three times a week, and at Christmas two or three weeks together. I have intrusted him to receive money several times by drafts on bankers, and he always behaved very honestly.
Q. Have you intrusted him any time these two years?
Clarke. No, I parted from him upon account of some charge laid against him. I would rather have lost twenty pounds than it should have happened.
100. (M.) James Bloor . of the parish of St. George, Middlesex , was indicted for stealing one quartern loaf, value 4 d. and three shillings numbered in half pence , the property of Matthew Scarrolt . Feb. 6 . ++
Q. How came you to suspect him?
Scarrolt. Because he went on faster than I thought
Q. Where was the prisoner at this time? was he awake?
Scarrolt. Yes, and in bed, with his breeches and stockings on.
Q. What did you say to him?
Scarrolt. Asked him how he came to do so; and he made us no answer.
Q. Was the shop door locked on the Sunday morning?
Scarrolt. Yes, and I had the key; and this is the key that was found in the chair with the money, and opens the lock of my shop door as well as my own.
Q. Is that the key of his room?
Q. Was it at the time you let him the room?
Scarrolt. For aught I know to the contrary.
Q. Did you put any marked money into your till?
Mrs. Scarrolt. Yes, I put 15 d. in marked halfpence into my till, and 4 s. 9 d. of other, on the 6th of Feb.
Q. Of whom did you receive the marked halfpence?
Mrs. Scarrolt. From my husband, and the next day there was 3 s. 5 d, missing.
Q. What did you do upon finding you were robbed of the marked money?
Mrs. Scarrolt. My husband had a search warrant ready, and he went for the officer, and they went up to his room together.
Q. Did you go up with them?
Mrs. Scarrolt. No, nor sawer knew any thing that passed, till they went thro' my room below stairs to have him to prison.
Robert Blare . I am a headborough-man; and, upon application of the prosecutor, I marked 2 s. in halfpence; I marked some with a punch, and some with a file; and when I came to Mr. Scarrolt, by virtue of a search warrant, to search the prisoner's lodging, and told the prisoner my business, I immediately saw a good quantity of half-pence lying in the chair under the window, in the prisoner's room; and, upon looking them over, I found a great many of the half-pence I had marked. When I charged him with the fact, he said he had taken them for his wages. I said, that was his mistake. I then gave the money to Mr. Scarrolt, and we took him for that day to New Prison, and the next day before Sir John Fielding .
Blare. No, nothing of it.
He absolutely denied it.
John Dean . I live in Turnmill-street, Clerkenwell , and the latter-end of January I let the prisoner a lodging at 2 s. 4 d. per week ready furnished; there was a bed, blankets, sheets drawers, saucepan, &c. and in the night between the 12th and 13th most of the goods were carried off.
Q. What did you do when you missed your goods?
Dean. I heard she was in Chick-lane; upon that I went to find her; at last, while I was at the Jolly Sailor, she came in, and there I secured her.
Q. Did you charge her with robbing her lodgings?
Dean. Yes, and sometimes she denied, and then owned it.
Q. Did she give you any directions where to find the things you had lost?
Dean. Not directly. I heard her mention the name of Nichols once or twice, and I went there and found them.
Elizabeth Dean . The prisoner at the bar had a lodging at my house; and one night the prisoner came in after my husband and I were gone to bed, and out before we were up in the morning. I went up stairs, and found only the steddle and drawers, the bed and sheets, and other things, were gone.
I have nothing particular to say, only that Eliz. Cox, taken up with me, was no-way concerned with me, any farther than she pawned the sheets at my desire.
Elizabeth Bladin , alias Cox , was indicted for stealing a pair of sheets and a flat iron, that were in the lodging of Mary Price , val. 10 s. the property of John Dean , Feb. 13 . ++
Magdalen Masquerier. I keep a silversmith's shop in Coventry-street , and a day or two after the coronation the prisoner at the bar came to my shop, to buy a gold ring, and I shewed her several; she looked them over and over, and there was none of them strong enough, she said; but there was one in particular stronger than the rest, which I missed, and never have seen it since.
Q. When did you miss it?
Q. Did you charge her with having taken it at your shop?
M. Masquerier. No, I was in such surprize I had not presence of mind to speak to her. Afterwards, upon hearing that some such lost goods were advertised, I thought proper to go to Sir John Fielding's.
Q. How do you know she had it?
M. Masquerier. I had but one such strong ring; I laid it before her among several others, and never saw it afterwards.
Q. Did you know the exact number of rings in your shop?
M. Masquerier. No, but that particular strong one I knew from the rest; I shewed her that ring with several others?
Q. Did you let her go out of the shop without saying any thing to her?
M. Masquerier. I cannot say but I did.
M. Masquerier. Yes, and she said she knew nothing of me, nor was ever in my shop.
Q. You never heard of your ring, you say?
M. Masquerier. No, Sir.
Q. Might not the ring have fallen down in your shop?
M. Masquerier. There was nobody in the shop but she and I.
Q. Did you search for it narrowly after she was gone?
M. Masquerier. No, Sir.
Q. Did any-body for you look round the counter and floor, to try if they could find it?
M. Masquerier. No, Sir, I was satisfied she had it.
Court. So then, Madam, you form your opinion, and swear to her having taken the ring (which you did not see) merely from your having lost it, and never finding it since.
I never saw the woman till I saw her at Squire Fielding's; which she repeated.
Jacob Bourset . I keep a silversmith's shop , and on the 17th instant, about dusk, the prisoner came into my shop to cheapen a pair of buckles. When I came to serve her, a young man in the neighbourhood came into inform me I had a suspicious person to take care of. I took him to the lower end of the shop, to hear what he had to say, and returned again to the drawers, not supposing she had had time to take any thing: She objected to the price of the buckles, and I drew out another drawer to suit her better, and she pitched upon a pair of buckles, and asked for half a dozen of tea spoons, and I produced two sets; upon which I weighed them, and she wanted a larger abatement than is common in our trade; but the intimation I had, made me resolve to see whether she came to buy, or not, and agreed to her price. Then she desired them to be marked, while she went to Covent Garden, and she would call again. I said, If you leave earnest, I will. She said. No, if I did not chuse to mark them, I may let it alone. My neighbour informing me she was a suspicious person, I asked if she had any money to buy spoons; and said; If you have no money, you must be looked upon as having a bad design, and should be dealt with accordingly (In the time of her being in the shop she took this buckle). I then took her before justice Fielding, and we searched her, but found nothing upon her; however, upon my complaint, and an
Q. What became of the fellow of it?
Bourset. The fellow of it was left in the drawer.
Court desired the prosecutor to be more cautious in forming his conclusions.
She declared her innocence as to the charge.
Hannah Copley . I am the wife of John Copley , I live in Hatfield-street , and about five months ago I let the prisoner at the bar an apartment ready furnished by the week; and on or before the 4th of February she stole one pair of sheets, a pair of pillow cases, two pair of linen window curtains. In the morning of the 6th of February I had some mistrust of her, and I asked her leave to go into her apartment. She said, I might go when I pleased. When I came into her room, I missed the things specified in the indictment; and I asked her about the window-curtains, why she took them down; and she said they came down. I asked her where they were. She desired me not to be angry; she had pawned them, but she would take them out of pawn, and put them up again. I asked her how I could rely upon that, when she had so deceived me. I asked her where she had pawned them, that I might get them again. She said, she did not chuse to tell me, but promised to get them again. I told her she must tell me where my things were, otherwise farther trouble would ensue both to her and me. I asked her if she knew the consequence attending these things? She said, No. I then told her, my Lord, the consequence, as I had been informed, would be transportation. At length she told me where she had pledged them.
Q. Where was it?
H. Copley. At Mr. Payn's in Golden-lane; and then I sent for a person to go with me; but, being told I must get an officer, I sent for Mr. Cambrook.
Q. Did you go in company with him to Mr. Payn's?
H. Copley. Mr. Cambrook and the prisoner went to Mr. Payn's; and Payn acknowleged that such things were there, and said she must go before a magistrate. Then, my Lord, I went to Justice Welch, and he ordered me and Payn the broker to come to him.
Q. Did Mr. Payn produce the things before you went to Justice Welch?
H. Copley. No, my Lord, not till the Wednesday following.
Q. Was you there the Wednesday following, when the goods were produced?
H. Copley. Yes.
Q. Were they the same things mentioned in the indictment?
H. Copley. Yes; one sheet and the other things were produced before Justice Welch, the other sheet was pawned elsewhere.
Q. What did the prisoner say before the justice?
H. Copley. She acknowleged the fact; said necessity obliged her to do it; that she designed to get them again, and put them in their places.
Q. You say one of the sheets was pawned elsewhere; where was that?
H. Copley. At Mr. Batcock's in Golden Lane.
Q. How did you discover that?
H. Copley. By her own confession; and Mr. Smith, Mr. Payn's man, went with me, and Mr. Batcock delivered the sheet to me.
Francis Smith . I am servant to Mr. Payn, pawnbroker, and the prisoner at the bar brought those things [producing them] except one sheet, and pledg'd them at my master's; one sheet the 20th of October, two curtains the 3 d of February, and two more the 6th of February in the morning, as her property.
Q. Were these produced to Mrs. Copley?
My husband was out of business, and he required me to carry those things to pawn; and he went with me to the door; soon after he went for a soldier, and left me in all this trouble?
Q. Have you any witnesses to prove this?
Q. to Mrs. Copley. Was it you or your husband let these lodgings?
H. Copley. I let them, my Lord.
Q. Who did you let them to, her husband and her together, or to her alone?
H. Copley. To him and her both together.
106. (M.) John Gore , late of the parish of St. George , committed by E. Umfreville, Esq; coroner, standing charged, on his inquisition, with feloniously killing Hugh Kennon , by driving his cart over him , Jan. 27 .
Q. Did you know the prisoner at the bar?
S. Kennon. I had never known him but for the neighbours. Last Wednesday se'nnight I was turning down Dias-street , near St. Giles's , with my husband; and this man, made a short turn with his cart, and one of the horses threw him down, and dash'd his brains-out.
Q. How long had you seen this cart before the accident happened?
S. Kennon. But just before I expected it was going down St. Giles's, and it turned short, and I cried out to the young man, for Christ's sake, to stop.
Q. What distance was the cart from you when you cried out?
S. Kennon. About two or three yards.
Q. How many horses were there?
S. Kennon. Three.
Q. Do you mean that the foremost of the three horses was two yards distant from your husband?
S. Kennon. Yes, and if he had stopped then, my husband had been safe.
Q. When you called out to this man to stop, did you observe at what rate he was coming?
S. Kennon hesitated, and seemed not to understand.
S. Kenning did not answer the question, but said he whipped his horses twice, and the fore horse beat him down, and the wheel ran over him in an instant.
Q. Did the man see your husband fall?
S. Kennon. I cannot say he did.
Q. You say it was between 6 and 7 o'clock, how was it as to light?
S. Kennon. I could see from one end of the street to the other.
Q. How far was it from the corner that your husband was thrown down?
S. Kennon. About four yards.
Q. Then you called out to the carman to stop, and, instead of that, he drove on?
S. Kennon. Yes, he drove faster.
Q. Did your husband speak after he was thrown down?
S. Kennon. No, his brains were beat out in an instant.
Q. What became of the prisoner afterwards?
S. Kennon. He went on; I had enough to do to take care of my husband.
Jane Stewart . About six or seven o'clock in the evening I happened to be coming down Dias-street, about five or six yards from the bottom of it, and I saw a man, and a woman leading him by the hand. I was on one side of the way, and they on the other, where there was a lamp, and they seemed to be both in liquor, but afterwards I thought otherwise. for the man, I understood, was almost blind; and I observed an empty cart turning down the corner of the street, the corner where the man and woman were.
Q. On which side of the way was the carman? was he on the side where the man and woman were. or on the other side?
J. Stewart. He was on the other side.
Q. Did the horses go between the carter and the man that was killed?
J. Steward. Yes, my Lord, and the man gave the horse a lash, and I called to him, for God's sake, to stop.
Q. Did you call out to him before or after he had given the lash?
J. Stewart. After he had given the lash.
Q. What happened then?
J. Stewart. The horses drove on, and I called out again, for I thought myself in danger, and he gave the horse another lash after I called.
Q. When you first called out, for God's sake, to stop, how long was it before he gave another lash?
J. Stewart. Very soon after.
Q. Was it before the man was run over?
J. Stewart. Yes, my Lord.
Q. When he gave the second lash, can you say whether the deceased was then upon the ground?
J. Stewart. I believe, to the best of my knowlege, he was not.
Q. Did you observe whether the carter had hold of the thill-horse, or otherwise?
J. Stewart. I cannot say; he stood near the side of one of them, and I ran to the other side; and when I was at some distance I looked about, and saw the deceased lie on the ground, and the wheel go over his head or neck, I cannot say which.
Q. How far distant was that?
J. Stewart. About five or six yards.
Q. Did the cart drive on?
J. Stewart. Yes, at a very quick rate.
Q. Was not there an outcry?
J. Stewart. I think there was, but I was too confused to know from whom.
Q. You speak very cautiously; how long afterwards? before the man was taken was taken up?
Q. How long had you seen the cart before it turned the corner.
J. Steward. I never saw it till it turned the corner.
Q. At what rate was it going before the accident?
J. Steward. At a quick pace, before any lash was given.
Q. Who took up the deceased from the ground?
J. Steward. I cannot say.
Q. Did the prisoner at the bar drive on the cart, and take no care of the man?
J. Steward. He did not stop to take any care of him.
Diana Jolly . I was going to fetch some candles and oatmeal in Broad St. Giles's, and this man's cart stood at a stationer's about three doors from Dias-street, and he came out of the shop, and said Gee-ho? to the horses, and they went on, and were going to turn into Dias-street to go home; and as he turn'd a quick pace, I said, Jack, stop your horses; and he said directly, D - n your eyes Gee-ho? and gave them either two cuts or three, and then they went a full gallop.
Q. When you call'd out to him, whereabout was the cart?
D. Jolly. The fore horse had just turn'd the corner post.
Q. Where was you when you call'd out to him?
D. Jolly. I had just cross'd the way, and was oblig'd to keep up very close to avoid danger: then Icried out to him, for god's sake, to stop; instead of which, he made use of that expression.
Q. Did you see the prisoner at the stationer's?
D. Jolly. I saw the horses there. I saw him come out of the stationer's and heard him say, Gee-ho: and they went on.
Q. Are you sure the prisoner at the bar is the man?
D. Jolly. My Lord, I am very sure of the man.
Q. When did you see him again after the accident?
D. Jolly. The same evening; he came up stairs into my room, to ask me a question; I answer'd him, and he went away.
Q. Was there nothing said concerning the misfortune that had happen'd?
D. Jolly. Yes, my Lord and he said he hoped I would not appear against him; and I said I would not say any thing about it, unless I was oblig'd.
Q. When was he taken up?
D. Jolly. Next day.
Q. Did you observed whether the man had hold of either of his horses?
D. Jolly. No, my Lord, he had no hold but was pretty near the side of them.
Q. Was he at all in liquor at the time?
D. Jolly. I cannot say that he was.
Q. You was in Dias-street, you say, and saw the old man and woman attempting to cross, and you saw the sore horse push him down; can you tell whether the first witness c alled out before the horse pushed him down or not?
D. Jolly. I cannot say.
Q. Was that before or after you call'd out?
D. Jolly. I call'd out before the man was run over.
Q. Did he make use of any endeavours to stop upon your calling out?
D. Jolly. None that I saw.
Q. Are you sure he heard you call?
D. Jolly. Yes.
Q. Did he see the man that had fell down?
D. Jolly. I believe he did not.
Q. Was it the farthest wheel from the carter, or the nearest that run over the man?
D. Jolly. The farthest, so that he could not see the accident happen.
Q. Was he driving a good pace?
D. Jolly. Yes, a great pace.
Q. How far might it be to the stable door?
D. Jolly. About twice the length of this hall.
John Seer sworn.
His evidence was construed inconsistent and improbable, and he was reprehended, as having a design to impose on the court, and mislead the jury.
I never saw any thing of the man, nor did any body call to me to stop. I had hold of the leader. horse with my right hand, and held the whip in my left hand, and I went as slowly up the street as I go at any other time.
For the Prisoner.
Isaac Watson . This man has worked for me about twelve months; I always looked upon him as a sober honest man, and careful driver; and, to the best of my knowledge, never saw him in liquor, neither in my business nor out of it; I have had several instances of his honesty: the day he was taken up he brought me 2 s. 6 d. he might have wrong'd me of.
Richard Summers . I am a plummer, and employed his master to do all my business; and this man has always been so careful and sober, that I chose to have him before any other carter I ever knew; that he was never drunk at all, and would even refuse to drink a dram, if offer'd to him; and he was of a mild temper, no way severe to his horses.
The judge, in summing up the evidence to the jury, remarked, that in the course of the evidence no proof had been attempted of his seeing the person, which is a circumstance that hath been deemed necessary to constitute it a capital offence; but that notwithstanding his conduct was attended with many other aggravating circumstances, which he presumed their candour would properly regard.
Guilty, Manslaughter .
107 (M.) Eleanor Coshee , otherwise Southwall , late of the parish of St. George, Hanover-square , was indicted for stealing two linen sheets, value 10 s. four ells of Holland, value 12 s. a piece of silk damask, &c. the property of Samuel Gumley , Esquire , Feb. 23 . ++
Samuel Simkins . I am servant to Samuel Gumley , Esquire, to whom the prisoner was some time servant ; but upon some dislike she was dismissed the service, and for a time she was permitted to have a room in an uninhabited house belonging to my master, and had leave to eat and drink at his house. At length there was some suspicion of her dishonestly, and she was ordered to quite the room. She sent for a cart soon after, and had several things put up that did not belong to her; which was stopt just as they were going to drive away.
Mrs. Gumbley. Since I discharged my servant, I gave her leave to reside at a house I had repairing in St. James's square, and to come to-and-fro for her victuals. I afterwards did not approve of her conduct; I had some suspicion of her dishonestly, and I ordered her to quit the room, and take away her things. Next day a person came to acquaint me, that there was a cart at the back door taking away a great many things. Accordingly I went, and found the cart just going off. I said to the carman, where are you going? He said, where he was ordered. I said you must unload the things; and the man said he would not. I went into the house, and met the maid with a bundle, and I said you are a base huffey. I then had the cart unloaded, and part of the things in the cart was a chest of drawers.
Q. Did you see the things removed out of the cart into the house again?
Mrs. Gumley. Yes, and had the drawers carried up stairs.
Q. Did you at that time charge the prisoner with theft?
Mrs. Gumley. Yes.
Q. When the things were removed into the house, did you see the chest of drawers opened?
Mrs. Gumley. Yes.
Q. What did you find in them?
Mrs. Gumley. There were several things; the first was a Holland shirt, which I lost last summer - several pieces of lace, lost at different times - one piece about four yards of Holland - a piece of muslin - about seven yards of green silk damask were afterwards found by her confession where she had sold it. [ These things were produced in court, and swore to]
Q. Was she searched in your presence?
Mrs. Gumley. No, I pushed her out of the house.
Q. When she was taken up, and had before the justice, what did she say?
Mrs. Gumley. She owned she had robbed me of them. The piece of damask, she said she had sold to a woman in Carnaby-market. The Justice sent for them; but the woman happened to be abroad at that time, and it was afterwards brought to me.
Q. Was you present when the prisoner at the bar was examined?
Wilson. Yes, and she acknowledged the taking those, and several other things. She owned some things were at her lodgings in St. Giles's, and gave me a direction to look behind the bed for some, by the side of the bed for others, and under the bolster for the rest.
Q. Did you find those things you have there tied up?
Wilson. Yes; a piece of silk for lining of a petticoat, a piece of green silk damask, some red silk, some pink sattin, some towels and dusters, one apron, one handkerchief, one shirt, and some yards of linen and holland.
Q. Were the things all found there?
Wilson. Yes. or were found by her direction.
Q. to Mrs. Gumley. Are these things all yours?
Mrs. Gumley. Yes.
The things that I went to move out of the house Mrs. Gumley had given me, and she told me several times, that, when I went away, I should get a cart and take them away at once.
Q. Have you any witness to call?
Mark Fitzwater , late of the parish of Feltham , for stealing a harrow and a parcel of harrow tynes , the property of Wm Leyton , Nov. 1761 . +
Wm Leyton . I lost a harrow and some iron tynes. I had set the harrow up against the stable wall, and I never saw the harrow any more till I saw it in a field near two miles from my house, and the tynes were found at Teddington.
Q. How came you to suspect the prisoner?
Leyton. I had some reason for it; and upon that I got a search-warrant to search his house.
Q. Did you find any thing there?
Leyton. Nothing at all, my Lord. Soon after I had word brought me, that they were sold at Teddington to Mr. Fry, the blacksmith. I went over the next day, and asked him, if he had bought any harrow tynes, and would let me see them. He shewed me them, and there was one that I knew by a particular mark. [He produced it, and swore to it.] He said he bought them of the prisoner.
Q. What did you then?
Leyton. I got a warrant to take him up; but he was in custody before for some assault.
Cross-examined by the prisoner's counsel.
Q. Was you at the first search of the prisoner's house, when there was a distress made for 9 s.
Leyton. No, it was afterwards.
Q. How do you know he was in custody for an assault?
Leyton. The constable told me so.
Q. At the time of searching this man's house, was there not a great deal of money found there?
Leyton. I don't know.
Q. Who had the keys of the prisoner's doors when he was taken from home?
Leyton. I think I have heard the constable had them.
Q. Pray, at whose expence is this prosecution?
Leyton. At my own.
Q. Have not you declared, that the expence of this prosecution was to be defrayed out of the money found at the prisoner's? Pray recollect.
Leyton. I believe I have been told so; but I never proceeded upon that footing.
Richard Fry . The prisoner came to my house on the 25th of January, and said he had some old iron to sell. When I saw the things, I was a little fearful that he did not come honestly by them. He told me he brought them from Feltham, and said his name was Mark Fitzwater . There was 53 lb. of iron, and 43 or 47 tynes.
Q. When the last witness went to inquire about it, did you own the having bought such things, and offer to deliver them when he told you they were his?
Fry. Yes, my Lord.
Q. Did he say, that all of it was his?
Fry. No, my Lord. He said he would not swear to any but that one; and that he would positively swear to.
Counsel for the prisoner.
Fry. I don't know but I might then?
Q. Are not other tynes liable to such an accident as to have such mark whereby he said he knew that tyne?
Fry. He ought to know whether it was his or not.
Q. When the prisoner came, did he make any scruple to tell you who he was, and where he lived?
Fry. He very readily told me.
Jos. Wilkins. I came to live with my master in November.
Q. When did you see the harrow spoken of.
Wilkins. About a fortnight before Christmas.
Q. Could you distinguish and swear to any of the tynes in the harrow?
Wilkins. No, my Lord.
Q. to Fry. What is the value of that tyne?
Fry. About a peny.
Q. to Leyton. Had you any money of the prisoner's in your hands at any time?
Leyton. I never had.
Q. How came you to think of getting a search-warrant for the prisoner?
Leyton. Because I had always a mistrust of him.
Prisoner called upon to ask the witnesses any questions.
He said one Clements owed him 16 s. and he let him have that old iron; which he told Mrs. Fry when he sold it.
Q. Do you know whether the prisoner ever used to lend money?
Saxton. He has lent me 20 s. which I paid him honestly again; and he lent my wife 20 s. upon a gold ring.
Q. Did you ever charge the prisoner with having stole them?
Hoole. No, I never did.
Q. Did you ever say you had lost them in the hearing of the prisoner?
Hoole. Not as I know of.
C. for the prisoner. How long was it after the man was taken up that you saw the things?
Hoole. I cannot say.
Q. Who sent you there? did not Nowell, who made the distress for the highway, give you information?
Q. How long was it after the prisoner was taken up that the goods were taken out of the house?
Hoole. I cannot say.
Q. Can't you tell me whether it was the same day, or whether it was a week after?
Hoole. I cannot say.
Q. Do you know what part of the house the things you owned were brought out of?
Hoole. There was but one room in the house.
Q. Who brought out the things?
Hoole. Saxon helped to bring them out.
Q. Who desired you to prosecute this man? did not the parish officers? Recollect.
Hoole. Not as I know of.
Q. Did not you say yesterday that the parish officers desired you to prosecute him?
Hoole. Not as I remember.
Q. Was you present when that saw and rasp were taken out of the prisoner's house? and did Hoole say they were his as soon as brought out?
Saxon. Yes, my Lord.
Q. When was it the man was taken away from his house?
Q. When were the things taken out of the house?
Q. Were the things taken out before or after the inventory was taken?
Saxon. I cannot say.
Q. Was you present when this man's house was search'd?
Foot. No, I was not; I was there the Tuesday following.
Q. Was not you there before?
Foot. No, I was not.
Q. When was the inventory taken? on Tuesday?
Foot. Not that I know of.
Q. Were the goods inventoried in the house, or after they were brought out?
Foot. There was no inventory taken that day, as I know of.
Q. Had the man his saw and rasp before the inventory was taken?
Foot. He saw the saw and rasp upon his coming to the house, and owned it before any inventory was taken.
Q. Who had the custody of the house?
Foot. Mr. Noell the constable.
Q. When was you at the prisoner's house, to make a distress for a highway rate?
Noell. The 8th day of January.
Q. You went afterwards to get a warrant for an assault?
Q. When was the man first taken into custody?
Noell. I think Sunday the 24th.
Q. When did you take an inventory?
Noell. The Tuesday after.
Q. Look at that saw; did you see that in his house?
Noell. It lay up between the joists.
Q. Was that saw taken out of the house with other things?
Noell. Yes, my Lord.
Q. Did any body own it?
Noell. The prosecutor immediately owned both the saw and the rasp.
The Prosecutor was asked if there was any particular mark whereby he knew it?
Q. Was that the maker's mark?
Prosecutor. No, it was the person's name who gave it to me.
I know nothing at all of it. I am innocent of the charge.
Guilty . +
James Allen and William Ilson were indicted for stealing 1 C. 3 qrs. and 7 lb. of salt, value 15 s. the property of Thomas Williams , Feb 24 .
111. (M.) Ann Slade was indicted for stealing nine silver tea spoons, 3 large silver spoons, and other plate, with a parcel of foreign silver coins, and a quantity of wearing apparel , the property of Robert Anderson , Jan.
Acquitted . ++
Acquitted . ++
Guilty . ++
114. (M.) Peter Cumenel , late of Holborn , was indicted for stealing three doz. of wine and four gallons of English spirits , the property of William Bayley of Gravel street, Hatton Garden , March 24, 1762 .
Acquitted . ++
Richard Cook . I keep the King's Arms in Leaden Hall street , and the prisoner has been frequently at my house, and has laid there sometimes; and the room has been robb'd two or three times lately, which made us more suspicious, and yesterday the chamberlain goes up, and he sees the quilt tied up in a handkerchief, and he went up stairs to call persons as witnesses or assistants, and in the mean time the woman went into the yard, and he called out to stop her; and a waggoner stopp'd her, and she was had back to the room where she had been.
Thomas Turrel , chamberlain. Last Saturday was three weeks a quilt was stole off the bed, and a week ago a sheet was likewise stole out of it; and last night I went into the room, thinking I heard somebody, and I saw a bundle, and there was a quilt and a pillow case taken and tied up. I went to call somebody. In the mean time the prisoner went downstairs, and I called to somebody in the yard to stop her; she was had back to the room, and a woman happened to be in the yard, saw something hanging down like a sheet, a little below her clothes. So she took hold of it, and said, Here are the sheets wrapped round her, and they were my master's.
Q. How do you know that they were your master's sheets?
Turrell. By a mark of coloured thread, by which they are well known to me. Then we sent for a constable, who took her before my lord mayor, and she was committed.
I have lodged there several times, and never wronged them of any thing in my life.
Q. Have you any witnesses to call?
Received Sentence of Transportation for Life , five persons, capitally convicted in former sessions; viz.
Pursuant to his Majesty's royal pleasure, signified by a letter signed by the Right Hon. Lord Bute.
The trials being ended, the court proceeded to give judgment as follows:
Received Sentence of Transportation for Life , five persons, capitally convicted in former sessions; viz.
Pursuant to his Majesty's royal pleasure, signified by a letter signed by the Right Hon. Lord Bute.
Received sentence of transportation for seven years, 16; viz.
To be branded, 2; viz.
To be whipped, 1; viz.