NUMBER VII. 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 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 ++, ~, refer to the Judges before whom the Prisoner was tried.
235. William Giles , was indicted, for that he, on the king's highway, in the parish of Finchley , on Thomas Nuthall Esq ; with a certain pistol, value two shillings, which he had and held in his right hand, did make an assault on him the said Thomas Nuthall , with intent the goods of the said Thomas to steal , &c. Sept. 8 .
To which he pleaded Guilty . T .
John Allen . I was walking down Bishopsgate-street , a little before nine in evening on the 10th of August, with a lady of my acquaintance. As I was talking to her, I saw the wave of my handkerchief, as it was pulled from my pocket. I immediately miss'd it. I turned round and saw the man that took it out give it to the prisoner at the bar. The prisoner was stooping, and the other delivered it to him betwixt his legs. (The prisoner seemed to be shamming buckling up his shoe.) I immediately laid hold of the prisoner, and charged him with my handkerchief, He denied it with a great deal of confusion. I said, he had got it under his coat on the right-hand side. I was going to take it, and saw him drop it behind him. I was stooping to take it up; he struck me, and endeavoured to make his escape. I threw him
There was nobody with me. I was coming from Newington over the water, and saw the handkerchief lying. I took it up, and he said, I had picked his pocket.
Guilty 10 d. T .
237. (M.) Mary Parker , spinster , was indicted for stealing three linen sheets, value 6 s. one tablecloth, value 1 s. one silver table-spoon, value 7 s. one napkin, value 6 d. the property of Mary Lawson , spinster , in a certain lodging-room let by contract , &c. August 2 ~.
Guilty . T .
239. (M.) Mary Cockran , and Elizabeth Adams , spinsters , were indicted for stealing one cloth coat, value 6 s. one cloth waistcoat. value 4 s. one child's stay, value 1 s. and one flannel petticoat, value 1 s. the property of Alexander Maxwell , August 17 .~
Alexander Maxwell . I live in Silver-street, Golden-square . I heard my street door open and shut again; immediately I went and missed the things mentioned in the indictment from out of the parlour. The next morning about six o'clock, the constable of the night brought the two prisoners to my house. Cockran owned she opened the street and parlour-doors, and went in and took the things mentioned the night before; and Adams said, she was standing at a little distance till she came out. The things and they were carried to justice Welch's: There I swore to the Things. The prisoner acknowledged the same there.
Edward Morgan . I am a constable. I was going my rounds, and met with the two prisoners at the Castle and Faulcon in Holborn. They were offering things to sale, which, by the price they asked, gave me reason to conclude they were stolen. I took them into custody. Cockran then owned to me where she had stolen the things, by which means I found out the prosecutor.
Both Guilty . T .
240. (M.) Mary Arrowsmith , spinster , was indicted for stealing a silver table-spoon, value 10 s. one silver pap-spoon, value 2 s. two silver tea-spoons, value 2 s. the property of Robert Bowers , Esq ; August 21 .~
Robert Bowers . I live in New Broad-street . The prisoner came with pretence to be hired as a servant. I heard her say she had lived with Mr. Smith, and apothecary in Hackney six years. She was sent down stairs in order to have some refreshment, and staid between two and three hours. After she was gone, my people missed the things mentioned in the indictment: We had a strong suspicion of her. I sent to Hackney, and was informed there was no apothecary of that name there. By mere accident we heard she lodged in Piccadilly, where we found her. We charged her with taking the spoons. She at first denied it; but after she was committed to Bridewell on suspicion, she confessed she had taken them, and sold them to a silversmith in the Haymarket; who owned he had bought such of her, but had melted them down.
Sarah Powel . I am servant to the prosecutor. The prisoner was in our kitchen on the 21st of August, from a little after one till about four in the afternoon. She desired me to draw her some small beer, which when I went to do, I suppose she took the spoons mentioned, which were lying in the kitchen.
Guilty . T .
241, 242. (M.) James Collins , and James Whem , were indicted, for that they, together with John Sutherland , not taken, in a certain field and open place near the king's highway, on Sarah West , spinster , did make an assault, putting her in corporal fear and danger of her life, and taking from her person one iron key, value one penny, and two shillings in money, numbered, her property, and against her will , August 3 ++.
Sarah West . On the 3d of August, between the hours of nine and ten at night, it was a very moonlight night, the night before the full-moon, I was coming along in a field between Kentish-town and Pancrass ; three men in soldiers cloaths came cross the field, Collins was one of them; he passed me, then turned again, and with his left hand knocked me down; he had a drawn sword in his right hand. It laid me senseless for some time; when I came to myself, he with a very hoarse voice said, give me what money you have; and d - d me, and swore he would murder me, if I made any noise. I gave him two shillings; he asked me. if I had any more? I told him that was all I had; he seeing the key of my box in my hand, took it. The other prisoner at the bar was robbing a gentleman, named Sykes, at the same time; he was coming over the field at
Q. Did the other prisoner say any thing to you?
S. West. No: he did not.
Q. from Collins. Which way did the men that robbed you come up to you?
S. West. They came from behind a hedge from a cross path, with their ha stopped. They all three of them passed me, and I saw the other man strike Mr. Sykes on the hand with a stick, just before Collins struck me.
Peter Sykes . I was coming from Kentish town with Mr. Halm and a young women; and Mrs. West fell into company with us: we were all walking together; three men attacked us; the first came and struck me over the head with a stick; I returned it, and knocked him down, and got upon him. The attack was so sudden, I cannot take upon me to swear to either of the prisoners.
Q. to S. West. Are you certain to the prisoners being two of the men?
S. West. I am; and that from their faces and their dress.
Q. to Sykes. Was it light or dark?
Sykes. It was a very fine moon-light night, a face might be distinguished very well; when I was upon the man, another of them came and gave me a blow on my forehead with a sword; they asked me for my money. I felt in my pocket, and told them it had tumbled on the ground; I told them it was a guinea.
Q. How do you know you was struck with a sword?
Sykes. The surgeon told me it was a sword; I was pretty much wounded, and bleed very greatly; it must be by a sharp weapon, the bone of my forehead was cut, [he shewed the fear, about an inch and a quarter long, just above his right eye] the blood running all over my face, I could not find the money for them: They took my gold watch and hat; the two prisoners were soon taken, but I was not able to pursue. They were carried before justice Welch. I could not go the first time, but was at their second examination. Then Collins wanted to be admitted an evidence. The other would not say any thing.
Daniel Halm . I was coming from Kentish-town with Mr. Sykes and Mrs. West. Mr. Sykes walked first, the women between, and I last; I saw three men coming down a bank. I took them at first to be drunken people. They attacked Mr. Sykes; I ran up; the third man immediately knocked me down. and held his hands over my eyes. I believe it was neither of the prisoners that knocked me down; he took from me a metal watch; he asked me for my money. I told him at first. I had a guinea; he put his hand in my pocket: I then recollected I had changed it, and told him he would find two six and nine penny pieces, and some silver, which he took, and my hat, and before he went away, he put a hat upon my eyes, that I should not observe him as he went off. [A hat with a cockale produced.] This is the hat. I heard When before justice Welch claim this hat as his own. Upon their going off I got up, and heard some people coming, who were brought there by the cries of the woman. They asked what was the matter? I said, we had been robbed by them men; there they go, cross the field. I went a little way with them after the men, but returned again to Mr. Sykes, because he had complained he was very much wounded. I never got my watch again, my hat was found in the field where the two prisoners were taken, likewise a great oaken stick. [Produced in court.]
Samuel Clay . I am high constable. On the second of August, I received a search-warrant from Mr. Welch late in the evening, for a general search. I called twenty-seven men to my assistance. There had been an account laid before the justice of divers robberies in and about Pancrass-fields; we divided into three parties; we set out I believe between eight and nine, from the sign of the boot in the Foundling-fields; it was a very fine moon-shining night. I could distinguish a person at the distance of one hundred yards, and could swear to a person's face at the distance of ten yards, or more. The party that I was of, which was about eight of us, went to the sign of the George, in the road leading to Highgate, just by the turnpike; then it was between nine and ten o'clock; we heard the cries of a woman very violent.
Halm. We were attacked in the field near that place.
Q. to S. West. Did you cry out?
S. West. I did.
Clay. The officers and men made the best haste they could to the place, some of them were there before me. When I came there, I saw Mr. Sykes lying on the ground, and b lood all about his head; there were some women. I said, have you been robbed? they said, they had, of their watches and money, several voices made the answer. The officers immediately pursued; some of the swiftest of foot. I desired some of the constables to take the gentleman that was wounded and the women to the Adam and Eve. I then followed the pursuers: When I came up, they had taken Whem, and were pulling him out of a ditch at full length on the ground. The officers said, there was another man in the ditch; I drew my hanger, and one of the officers said to me, you shall not go into the ditch; he took the hanger out of my hand and jumped in, and soon brought out Collins. I asked them several questions, but
Clay. Here is a sword also which was found in the ditch. The scabbard and belt were found in three separate places. [Producing the sword.]
S. West. Collins owned that sword before Justice Welch.
Clay. Here is a small key which one of the constables delivered to me, [Producing it,] deposed to by S. West, as the same key she was robbed of that night.
Zachariah Halyer . I am constable: I was with Mr. Clay at the George in Pancrass-wash; I heard the cry of a woman, or women; I immediately pursued. When I came to the upper end of a field leading to Kentish-town (there was a brother officer ran with me) we came with Mrs. West; she said, gentlemen, we have been robbed by three fellows, and there they go. At that time I computed them to be about fourscore yards from us; I discerned them very distinctly, going all three abreast, it being a very light night. We pursued them about half way down the second field with all the speed we could. I halloo'd to my brother officers in order for them to follow. When the men found they were pursued, they ran, and turned out about the middle of the second field. The person with me could not keep up, and I thought proper to halt a little; still I had them in my fight. When the other officers came up, I saw the three men run by the side of a hedge; there we lost sight of them. When we came up to the place, we found they had jumped into a ditch. I was the first person that saw Whem in the ditch. It could not exceed five or six minutes before we took them both out; I was by at the time.
Wm Halfpenny . I am an headborough: I was upon this search. As we were standing at the door of the George ale-house, I heard a great outcry of a woman,; I pursued with the rest of the officers. I missed my way, and went a little about, but met them. There I saw Mr. Halm, Mr. Sykes, Mr. West, and another woman. I saw three men running.
Q. Did you see any body point to them?
Halfpenny. I was in such a hurry. I cannot say I observed it, if they did. The gentlemen said, they had been robbed, and the men were just gone on; Mr. Sykes's face was all over bloody. As I passed, I heard them say it was by three soldiers, and I imagined they must be the men that robbed them. I ran as fast as I could, and never staid to hear any more, but kept my eye stedfast upon the men, and kept hallooing. At that time I saw none so near them as myself; I saw them drop into the ditch; I kept my eye upon the place, and went up, and was by when the two prisoners were taken out of the ditch. I saw the watch also taken out; the ditch was almost covered with bushes and brambles. The sword was delivered to me by an officer out of the ditch, drawn, and I delivered it to Mr. Clay. I was at both their examinations; I understood that Collins wanted to be admitted an evidence.
Michael Spregue . I am an headborough: I was at this search. I heard the word murder. I have been robbed by three soldiers; this was in a field beyond Pancrass church; we pursued. The people said, when we came to them, if we went a little farther, we should soon overtake them. I had not ran above fifty yards, before I came to have fight of all three of them: One of them made off on the right hand side, and two of them concealed themselves in a ditch. I took Collins out of the ditch, and found this watch, here produced, on his right-hand side; he was fitting as deep as the waistband of his breeches in water; the other prisoner was taken out before him: After I brought him out and went in again, I found the hanger drawn, and likewise the sheath and belt, all separate; this last was found lying in the field by the side of the bank. Collins before the justice would sain have turned evidence, but the justice would not admit him.
Q. How near were the prisoners to each other when in the ditch?
Spregue. They were about eight or nine yards distant. The sword was found near where Collins lay.
Richard Gay . I am a constable: I was ordered out on this search; and between nine and ten o'clock we heard the cry of murder; we went up, and saw Mr. Sykes bleeding. They said, they had been robbed by three soldiers. I asked which way they were gone? They said, over the fields.
Q. Did you hear this expression, We have been robbed, and there they go?
Gay. Yes, I did; I am sure one of them said so. I looked for them, and saw three soldiers; we never lost fight of them, till they got to the thick part of
I know nothing at all of it. To be sure I was in the ditch; we had been both of us out, and coming along, we lost our road, and coming over the ditch we dropped in; we heard a cry from a parcel of people, and so we lay there, being in liquor.
I know nothing at all of the matter indeed: We have no occasion for any witnesses. There are so many prosecutors about, there are enough to hang us if possible. If we were to tell your lordship the truth, I know nothing how that would go; I should be sorry to lose my life. Your lordship hears how it goes against us; I am as innocent as the child born but yesterday. The woman says enough against me; what can I do then, you know? I have sent for none of my officers, and our people are upon guard to-day; so I have nobody here to give me a character as to my behaviour and honesty.
Both Guilty , Death .
There were two other indictments against them, for robbing Mr. Sykes and Mr. Halm.
Charles Symmonds . The prisoner and I were fellow. servants to Colonel Morrison, and lay together. On the 16th of June in the morning, he had before seen me take this note out of my pocket-book; I missed it the next day; it was a 20 l. bank note; my clothes and his laid upon one chair in the room. When I missed the note, I told him of it: He desired me not to make myself uneasy, and said, I should find it again. As I had not been out into any company to lose it, I acquainted my master with it. He went to Justice Fielding and told him of it. I was sent for there, and had a search warrant granted. I served it on the prisoner. Then he owned he had taken it, and begged my master's and my pardon; he acknowledged he had carried it to Mr. Cook, and changed it for cash, and carried the cash to Mr. Wilson, a stock-broker, in order to buy in at three per cent. and that Mr. Wilson said, he had no small stock by him at that time, so he gave him a note of hand for the money [He produced the note]. The constable took the note and went to Mr. Wilson, and there lest it, and brought a bank note for the money.
Michael Spregue . I am an headborough. On the 17th of June, I had a warrant to search the prisoner's box at Col. Morrison's house; when I came to open the second box, the prisoner acknowledged taking the note, and said, he had changed it in the Broad-way, Westminster. I went there and found it the same as described; then he said, he had left the money with Mr. Wilson, a stock-broker; I went with him there: When we came in, Mr. Wilson said, Young man, I have not laid out your money yet. I said, I am very glad to hear that. I telling him the affair, he gave me a twenty pound note instead of the cash, and I delivered him his note.
Prosecutor. This is the note that I lost.
I got up before my fellow servant, and saw a piece of paper lying in the room where I lay. I took it up; it happened to be this note; I did not know who it belonged to; I had it a day before any enquiry was made. I changed it into cash, and put it into the stocks, as I had no occasion for the money. But as I have no friends, and have lived in credit, you will not condemn me, without you find me guilty. I do not belong to this part of the country.
Guilty . T .
Wm Holliday . I was at Hicks's-hall to swear a substitute in my room, in the militia, yesterday was se'nnight. I was standing on the stairs, and nobody near me but the prisoner, till I called for a constable. I felt a check at my watch; the prisoner's hand and knee went together; I catched him by the shoulder. Mr. Heartley a constable came, and upon opening the prisoner's coat, I saw the string and seal hang down from a slit in the lining of the prisoner's coat near the bottom.
Nathaniel Heartley . I am a constable: I saw the prosecutor swear in a substitute. I heard him call out, I lost my watch this moment; there was only a half-breast board between us. I found the watch in the inside of the lining of the prisoner's slap of his coat, and the string and seal hanging out. I took it out.
I was standing on the upper step, and how the watch got into my coat I know not, no more than the child unborn; as to pockets I had none.
Q. to Heartley. Were there any other people near the prosecutor?
Heartley. There was another man at a little distance; the prisoner was close by the prosecutor's side.
Mr. Evans, peruke-maker, in Fleet-street, who had employed and known him a year and a quarter; and Thomas Elmore , who had known him the same time; Robert Booth , betwixt ten and eleven months; Robert Mackdaniel , who had known him both in England and Ireland above six years, who all gave him a good character.
Mr. Higgs. We were swearing in our militia; Mr. Holliday was there in order to swear in a substitute; I heard him call out, he had lost his watch: I gave orders to shut up the doors of the hall: The first person we searched was the prisoner. The watch was found upon him.
Q. Can you tell the position the prosecutor and prisoner were standing in?
Higgs. I look upon it they were standing equal together, just at the going up on the top of the stairs.
Q. Were any other people near them?
Higgs. There were three or four people, if not more, standing close to them, and several more on the bench just by.
Q. Were any body as near the prosecutor as the prisoner?
Higgs. There were some quite close.
Q. to Heartley. Did the prisoner readily open his coat to be searched?
Heartley. He neither did one thing or another; the seal shewed itself immediately, without the least opening of the coat, as it was unbuttoned; the seal was plain to be seen.
Higgs. The prisoner absolutely denied the taking of it, and said, he believed it was put there by somebody else.
245. (L.) Rebecca Tisdale , spinster , was indicted for stealing three linen shifts, value 2 s. one dimity petticoat, one cheque apron, one muslin handkerchief, one brass candlestick, and one copper cover to a saucepan , the property of Mary Crump , widow , August 26 .~
Mary Crump . I had seen the prisoner once before; she came to my house in order to be hired as a servant , three weeks ago tomorrow. I went to enquire her character, and left her with my child, about twelve years old; I was absent about half an hour. I came home and told her, I had been prevented inquiring her character, by hearing of another person; but I would treat her with a dish of tea. During that time, I perceived some of my linen to hang below her petticoats; I took her into a back room and searched her, and found the things mentioned in the indictment, except the apron and handkerchief, under her petticoats [Mentioning them by name]. I sent for an officer, and gave him charge of her. She owned she had given the apron and handkerchief to another person in my absence, and said, if I would forgive her, she would help me to them again.
Han. Edwards. I happened to go into the prosecutrix's house, and saw three shifts, a white petticoat, a lid of a saucepan, and a candlestick taken from the prisoner.
It was another person that came in, that took the things.
She called to her character.
Guilty 10 d. T .
Guilty 10 d. T .
"The prosecutor had pulled off his frock, and
"put on one proper to work in, and laid it down
"having been out of the vault; in his return, he met
"with the prisoner coming from towards the vaults;
"he stopped him, and in his apron found the coat
"he had before left in the vault."
Guilty . T .
Martha, wife of John Welch , was indicted for stealing a pair of silver buckles, value 12 s. the property of Michael Hudson , August 30 . ++
Mich Hudson . I am a carpenter ; the prisoner lived servant with me. I missed a pair of silver shoe-buckles: I charged her with taking them; she owned, she had taken and pawned them; I went and found them accordingly.
Nathaniel Warner . I am a pawnbroker: On the 30th of last August, the prisoner brought these buckles to me [Produced in court, deposed to by the prosecutor]; she said they were her husband's; I lent her 10 s. upon them; and on the 13th of this month, the prosecutor came with the prisoner and demanded them. I said, as they were stole, she should not go out of my house till charged with a constable. I sent for one, who took her in charge.
I own I pawned them.
Q. to Prosecutor. How long has the prisoner lived with you?
Prosecutor. A fortnight all but a few days.
Guilty . T .
John Parker . I live in Panton-street, St. Jame s's. I am partner with Mr. Edward Weaklin [He takes a silver candlestick, and part of another in his hand]; I know these to be what we lent Mr. Thomas Wetham , part of one has been in the fire. I received a letter from Mr. Wetham that these candlesticks were lost; he has had them a good while to travel with; he is now some-where in Bedfordshire. I know nothing of the prisoner.
John Pell . On the 11th of this instant, the prisoner came and offered me these three pieces, part of a silver candlestick, to sell; [Holding three pieces in his hand]; I asked him, how he came by them?
Q. What are you?
Pell. I am a pawnbroker. He told me, he found them at the fire at Newgate amongst some rubbish. I said, I should be very glad to know where the rest of it was? he said, one of the carpenters and he had cut it in pieces, and he had given the carpenter half a crown for his share. I being a constable, searched him, and found the other parts in his pocket. Then I took him to Sir John Fielding : Sir John desired I would go and put the prisoner in the round house, and against the time I came back, he would have ready a warrant to search his lodgings. I went and secured the prisoner; and then went to his wife without a warrant, and asked her for the other candlestick; and she gave me the key; and I took this other candlestick out of a box in their apartment.
Parker. Mr. Wetham wrote me word, they were lost out of the pocket of a post-chaise, and begged of me to advertize them; which I did; upon which Mr. Pell stopt the man, and found me.
Pell. When I was carrying the prisoner to the round house, he told me, he found them in a postchaise; and if I looked in the advertiser, I should find he found them in a post-chaise; and said, he had drove Mr. Wetham in a post-chaise, from the Red-Lion at Barnet, to the Swan at Wellwyn in Hertfordshire.
There were two post-chaises went from Barnet. I drove the gentleman's chaise: The next day I went to sweep the chaises out, and found a pair of candlesticks, but they were in the other chaise, not that which I drove. I thought as I found them, I might do as I thought proper with them. I found them as honestly as any man in England.
Guilty . T .
251, 252. (M.) Mary Oliver , and Elizabeth Adams , widow s, were indicted for stealing one feather-bolster, value 3 s. two pillows, one pair of sheets, one rug, and three stuff bed curtains, the property of Richard Pinkney , in a certain lodging-room let by contract , &c. August 28 . ++ .
Both acquitted .
Catherine Rowley . I am a mantua-maker; I had these pieces to make up into a gown: At the time I had the bill drawn up, I could not recollect the owner's name. When they were taken away, I had nobody about me that I could suspect, but the prisoner. They were rolled up as they came from the dyer's; the prisoner was taken into custody on some other account. I went, when she was before the justice, and charged her with stealing these pieces; she owned there, that she did take and pawn them, and the place where.
Eleanor Grubb . The prisoner pawned these pieces of silk with me [produced in court, and deposed to by the prosecutrix. as the same she had to make up for one Sarah Enfery at the time the prisoner lodged at her house].
The prisoner said nothing in her defence.
Guilty . T .
Mary Robinson , widow , was indicted for stealing one cloth coat, value 1 s. and one waistcoat, value 2 s. the property of Thomas Dalery , August 9 ++
Thomas Darley . I am a carpenter ; I was at work at Mr. Wade's in Noel-street, by Berwick-street; I had pulled off my coat and waistcoat and hung them up; and had not left them two minutes, before my master called to me; he had got the prisoner in custody, with my coat and waistcoat upon her.
Mr. Wade deposed to the seeing the prisoner go into his house, as he was on the other side the way; and as she came to go out, he stopped her with the coat and waistcoat it upon her.
The prisoner in her defence said, she went in for a few shavings.
Guilty T .
255, 256. (M.) William Abraham , and Joseph Cottrell , were indicted for stealing thirty pounds weight of sugar, value 7 s. the property of persons unknown, in a certain vessel lying in the river Thames, called The Charlotte , August 27 ~.
Both acquitted .
257. (M.) Edy Evans , widow , was indicted for stealing one pair of leather pumps, value 3 s. one cotton apron, value 1 s. and one pair of metal buckles, value 8 d. the property of John Bevan , August 24 ~.
258. (M.) Ann Fenwick , spinster , was indicted for stealing four silver tea-spoons, value 2 s. one stuff-petticoat, value 10 s. one pair of stays, value 6 d. and six yards of linen cloth, value 6 s. the property of Thomas Dean , June 30 ~.
"The prisoner was servant to Mr. Kendal, in
"went out of town the 11th of August, and returned
"on Sunday the 12th of September; and missed
"the things mentioned in the indictment. The
"prisoner had then left her place and gone into Mr.
"Harvey's service in the same street. She was taken
"up, and confessed she had taken the things from
"out of the prosecutor's apartment, and delivered
"back the four tea-spoons to the prosecutor's wife,
"and said, she had sold the petticoat, stays, and
"cloth in Rag-fair."
Guilty . T .
260. (M.) Margaret Learey , spinster , was indicted for stealing one silver watch, value 3 l. two half guineas, twenty-nine shillings in money, numbered, and four linen shirts, value 2 s. the property of David Kelly , Sept. 10 ~.
David Kelly . I took the prisoner in a poor girl in the street; she was with me a fortnight all but one day; my wife keeps a little green-stall; she went to market to buy some greens, and left her with two children at home; my watch was left hanging on an nail, and the money in a little cupboard near, it not locked; when we came home, the prisoner and things mentioned in the indictment were gone. In the Afternoon, Sarah Cornwell came, and told me she had stopped the girl and some things.
Sarah Cornwell . The prisoner came and knocked at my window, and told me, she had something for my child. I opened the door; she gave my child three halfpence, and said, she had got a watch; she said, a black had picked it up in Gray's-inn-lane, and wanted me to sell it for her. I asked her where she lived? she said, with one Williams, that kept a green-stall in a court at the further end of Gray's-inn lane. I said, stay here, and I'll help you to a customer for it. I carried it to my landlord; he bid me keep it till it was advertised. I went back again, and desired the prisoner to go with me to her master At first she said she would, but after that, she would not; I said, I was afraid it was her master's watch. She burst out a crying, and said it was. Then I went to enquire for one Williams, and by enquiring about, found the prosecutor out, [The watch produced in court, and deposed to by the prosecutor, who knew it by a dent on the back of the case.]
Q. to the Prosecutor. How old is the prisoner?
Prosecutor. I never knew her mother till the girl was taken up; she says, she is between twelve and thirteen years of age.
I know nothing of the things.
Guilty . T .
Guilty 10 d. T .
Mary Bickley , August 27 ~.
The indictment not being laid right, he was Acquitted .
264. (M.) Mary Thompson , otherwise Brown , widow , was indicted for stealing one pair of linen sheets, value 5 s. one blanket, value 2 s. one pillow-bier, value 6 d. the property of Thomas Sandall , the same being in a certain lodging-room, let by contract , &c. July 23 ++ .
Guilty . T .
265. (M.) Joshua Marshall , jun. was indicted for feloniously, wilfully, and maliciously, shooting off a certain gun, loaded with gunpowder and a leaden ball , at Elizabeth Laker , she being in the house of Joshua Marshall the elder , July 9 ++ .
Elizabeth Laker . I lived in the prisoner's family. I was in the passage to the front door, when I received a wound on my thigh; which I suppose was done with a gun or a pistol. I did not see what it was; neither did I hear the report.
Q. Who do you think gave you that wound?
E. Laker. I believe the prisoner did.
Q. Give your reason for your belief:
E. Laker. I really think he was not in his senses. He had snapt a pistol at me in the kitchen before, but it did not go off; I do not believe he did it maliciously; he had never threatened me; and I have reason to think he looked upon me as his greatest good. I look upon him not to have been in his senses a great while before that, and have often mentioned it to his sister. He has said, he would make away with himself; and has taken a knife and cut across his own wrist; I have seen him do it: he at another time took laudanum.
Mary Dobo . I live in the family: We have looked upon him to be out of his senses for five months past; his behaviour was that of a melancholy dejection, with much wildness in his countenance; never delighting to be in company: Had he been in his senses, he never would have done what he is charged with. She is a person, that he, when in his right mind, is far from having any aversion to; we all of us thought, by his behaviour, he was not in his senses, and used to speak of it to each other; and he has been in a mad-house ever since. He came from there to-day to this court.
Joseph Wright . I deal in coals , and live in Brick-lane, Spittle-fields . The prisoner confessed taking some halfpence, and said it was the first time she ever took any. She never owned to the 36 s. pieces.
Mary Wright . I am wife to the prosecutor; we have missed money several times; we lost three 36 s. pieces, and money at other times. I went into the compting-house once before she was aware, and catched her with the till out, and seven-pence halfpenny in her hand; I called a witness, who came and saw the money, The prisoner went down on her knees, and said, she would never do so any more; then I charged her with the gold, but she never would own that she took it.
I have got some witnesses here to my character:
For the Prisoner.
Joshua Turner . I have known the prisoner, I believe, twelve or fourteen years; at her first first going to service she lived with me; she was very sober and very honest; I would take her to-morrow was she discharged, if I wanted a servant.
Q. Can you find her a place?
Turner, I will undertake to keep her in my house, till I get her a place.
Guilty seven-pence half-penny . W .
Mr. Brown. I am a pawnbroker: On the 17th of August, the prisoner came to pawn this pair of silver buckles to me; she gave various accounts how she came by them, [produced in court, and deposed to by the prosecutor, as the same be lost.]
Brown. Once she said, she bought them for three shillings; then she said, she lived with Mrs. Mayo near me, and that the buckles belonged to her. I went there; she knew nothing of them, neither did the prisoner live there.
John Tyrrell , was indicted for wilful and corrupt perjury, on the trial of Jane Sibson , in May sessions, for the wilful murder of George her husband, at Longford in the county of Middlesex , May the 29th ++ .
Q. Do you remember his being sworn?
Want. I do; the words were in general the kind of evidence he should give to the court and the jury sworn, &c.
Q. Give an account what was the evidence Mr. Tyrrell gave on that trial, as to the matter of this indictment.
Want. Mr. Tyrrell, when he was called upon to give evidence, introduced it by giving an account that he attended the deceased Mr. George Sibson as an apothecary; and he went on describing the case; and in the course of his examination, it was asked him, whether Mrs. Martin and Mrs. Sibson had never desired a physician; he said, no, they never did desire a physician; but he himself pressed it.
Q. What were his words, as near as you can recollect?
Want. He said, I myself pressed it often, and they were always averse to it; I think he added, he pressed it more than he had ever done in any case before, and they were always averse to it; I am confident this passed at the trial; he said, he even said more than as an apothecary he thought he ought to have done; but when he found them so averse to it, he desisted. He was asked, if they desired it, and he dissuaded them from it? He said, no; he never dissuaded them from it. In the course of the evidence, when they came to that part of it, which was on the Thursday before he died, when Dr. Lucas was sent for, he then said, when he saw him, he was so much altered, he then insisted upon a physician, and Dr. Lucas was sent for. Dr. Lucas was sent for that day, and his evidence struck me, so I well remember it. He was asked, whether upon opening the body at Long-ford, he did not say to young Mr. Howard, son to Mr. Howard the surgeon, Come and look at this inflammation, you young rogue. Nay, you shall go with us to the Old Bailey. He said, he never did say so; the examination then led to what passed before Sir John. Fielding; he was then asked touching a conversation before Sir John Fielding . There was a good deal of matter intervening.
Want. I was not; I only speak of what was said as to the question put to him what passed before Sir John Fielding , he was asked, whether he did not say there, that Dr. Lucas had told him he had not the least doubt, but that the deceased was poisoned; he was a long time before he gave any answer to that; variety of questions were put, and a long time it was before he gave a direct answer. He was asked by Serjeant Davy, whether Dr. Lucas did tell him so? He answered, - He did not recollect - He could not say - He did not believe - At last the serjeant asked him, Did Dr. Lucas tell you so? He said, No. Then the serjeant said, If he never did, you can certainly say so. Then he said, he was sure he never did.
Q. How long have you been acquainted with the prosecutrix?
Want. I knew nothing of any of them, before I became employed for her.
Q. Did you take any of this evidence in writing?
Want. I took only two questions in writing; I did not know that I had took any, but upon looking over an old brief, I found I had taken one question; it was asked Mr. Tyrrell, whether it had not been requested to send for a physician; his answer was, never. And I took the question about calling to young Howard to come and look at the inflammation; I found I had taken those two on the back of the brief.
Q. Then I may freely say, you had forgot you had taken it?
Want. You may say so.
Q. Can you be positive to every word that you have sworn now?
Want. I'll tell you why I can: I examined all the witnesses myself, separately and apart, in order to prepare for that trial; one part of the defence which we strongly insisted upon was, the frequent and repeated application of Mrs. Sibson to have a physican, and his constant refusal. The other two questions about the inflammation were stated particularl y in the brief, and asked from the brief. And as the last question about Mr. Fielding, he was committed upon that.
Q. What was the first question concerning having a physician?
Want. It was, whether they did not desire a physician. He said, No, never.
Q. Was there no question, nor no answer, passed between that question and answer?
Want. No; his answer would have been inconsistent, had that been the case; he repeated it in the course of his evidence numbers of times, that he had frequently pressed it, and he always found them remarkably averse.
Q. Did he at first admit he had said, You young rogue, &c.?
Want. He answered that immediately, and denied it.
Q. With regard to Dr. Lucas, you say he was asked that question many times?
Want. He was.
Want. He never gave a direct answer for a considerable time, even to that Mr. Baron Adams said to Serjeant Davy, Brother, why do you press him? you see he will not give you an answer. Then the Serjeant shifted the question, and asked him if he never did tell you so? He then said, No. Then Serjeant Davy said, If he never did, then can you doubt it? Then he gave it the denial, and said, he was sure he did not say so; and, upon that answer, Mr. Groot and Mr. Pott were examined, and proved he did say so.
Q. I do desire to know, whether at any time he did not say he could not recollect that at Justice Fielding's?
Want. He never hesitated about that; I remember particularly he said, No, Dr. Lucas never did tell him so. Then Serjeant Davy said, Can you have a doubt whether you said so, or no? There were two witnesses appeared, that said, he did say so at Justice Fielding's.
Q. Do you remember Mr. Tyrrell being a witness against you?
J. Sibson. I do.
Q. When did your husband die?
J. Sibson. My husband had been in a long state of lingering illness before he died; he died on the 26th of April, on a Monday.
Q. When was Mr. Tyrrell called in as an apothecary?
J. Sibson. I cannot recollect the day: My husband went to Windsor to him on horseback; and when he came back, he came in a chaise. He had been blooded, and came home with some medicines with him; the next day he visited my husband.
Q. How long before your husband died?
J. Sibson. It was three weeks, or upwards, before he died.
Q. What did he say was the matter with your husband?
J. Sibson. I had not much talk with Mr. Tyrrell about his illness the first day; Mr. Tyrrell told me he had a violent fever; and my husband told me he had told Mr. Tyrrell he had a fever 14 or 15 days before. After he came from visiting my husband, I took him into the parlour, and asked him, whether there was any danger; and I begged, for God's sake, if there was, he would let me know, because I might have assistance in time?
Q. What was his answer?
J. Sibson. He said at that time, Madam, I have attended him but a very little time; don't you think his fever is greatly abated? I said, Yes. Don't you think his cough is greatly abated? I said, Yes. He said, Madam, can you expect him to mend all at once? I have not attended him but two or three days. I often asked him if there was any danger, that I might send for a physician: He always said, there was no occasion.
Q. When did you first ask him for a physician?
J. Sibson. I asked him several times: When he came again, I asked him. He said, Why, Madam, he is very low-spirited, and you indulge him too much; if he would but eat and drink, and I would but talk and laugh to him, instead of crying by him, he would be a great deal better.
Q. When did you first mention to him to have a physician?
J. Sibson. I often begged he would let me know in time: He always told me there was no danger, none in the world.
Q. What were the words you made use of?
J. Sibson. I begged he would let me know, that I might have assistance; he knew my meaning.
Q. Did he ever propose it to you?
J. Sibson. No, never to me, nor to any-body in my hearing.
Q. Did you mention the word physician?
J. Sibson. No; but Mr. Tyrrell understood it, or he would not have talked and argued with me in that manner as he did. His answers were, There was no danger; and that if he would but eat and drink, and be merry, he would grow better: And on the Monday before he died, he thought him so much better, that he said he should not come any more, but begged to see him at Windsor before the Thursday following; and if he did not, he should imagine he was worse, and he would come and see him. When I pressed it so much, he said, Madam, if you chuse it, for your own satisfaction, you may have one; but I don't think there is any danger, or necessity for it.
Q. Whether Mr. Tyrrell, at any time in all your husband's illness before his death, ever advised the calling in of a physician?
J. Sibson. No, never; only he said, if I chose to have one for my own satisfaction, I might.
Q. Did your husband go to Windsor before that Thursday he mentioned?
J. Sibson. No; he was not able to go. There was a gentleman came from Waltham the 22d of April, the Thursday before he died, to see him at Longford; he was in bed very ill. The gentleman was going to London that night and could not stay; Mr. Tyrrell had always advised him to ride out in the post-chaise. My husband said to the gentleman, As it will be a long walk for you, and I have been advised to take a ride every day in the chaise, I'll
Q. What time was it when you returned?
J. Sibson. I can't say; to the best of my remembrance it was about the dusk of the evening; when we came home, I found Mr. Tyrrell there.
Q. Had Mr. Tyrrell ever visited him from the Monday till then?
J. Sibson. No, he had not: I did not know any physician at Windsor; I found my brother, who was there also, had consulted him concerning one.
Q. When was Dr. Lucas called in?
J. Sibson. My mamma told me she had, according to my direction, desired my brother to go for a physician; and in a little time my brother returned, and said, Dr. Lucas was gone out, and he would be there on the Friday. He afterwards took me aside, and told me Dr. Lucas was not gone out, but was at home: That he had asked him about Mr. Sibson, and he told him he was gone out in a post-chaise: That the doctor said, I do not think there is any necessity for me to come to-night, as he is able to go out in a post-chaise; but I'll go to-morrow, then I can sit a little while with him, and shall be more able to know his case. He came the next morning; my husband then appeared to be excessively bad, as bad as any-body could be. Dr. Lucas did not like to tell me much, but shook his head, and did not give me much hopes; I found he said more to my mamma. I can't say I was satisfied with having one physician: There was a gentleman came over from America in a deep consumption; he had had Dr. Fothergill, and was a great deal better. I often desired my husband to have him; my husband said, What signifies having him, for I will not take any thing?
Q. Did you send for Dr. Fothergill?
J. Sibson. I did. I sent my husband's brother for him to London: He returned, and told me the doctor could not attend, it was so far, or he was not well, I know not which, but recommended Dr. Hayes of Windsor. Upon that I sent for Dr. Hayes that same night, though it was very late. I begged my brother to go away to Windsor for him, and to bring Dr. Lucas along with him: They both came on the Saturday morning (my husband died the Monday following, about a quarter after two).
Q. When was it you first heard yourself charged with the murder of your husband?
J. Sibson. As soon as ever I came home from London, on the Tuesday evening, about 6 or 7 o'clock.
Q. On what account did you go to London?
J. Sibson. My husband had made me executrix to his will; and I had a particular occasion to go to London to prove it; I went that very evening; I apprehended some obstruction, that is, a caveat to be thrown in; but I did not prove it till the next morning. I had not been five minutes in the house before they came down, and told me they suspected my husband was poisoned.
Q. Who told you so?
J. Sibson. I don't know whether it was Mr. Sibson the brother, or Mr. Tyrrell; they said they had a suspicion the body was poisoned, and they would have it opened; they did not tell me of it at first, but only desired me to have the body opened. They asked me whether I would have the body opened? without expressing any suspicion why. The answer I made them was this; Mr. Bareblock and my mother said, they thought it would be cruel for me to have it opened (this was before my husband's death). I refused it.
Q. On what account did they advise you not to have your husband's body opened?
J. Sibson. In my husband's life-time there was a talk between us, that whoever died first, my husband or I, the body should be opened, and the heart taken out, to be kept. Mr. Bareblock objected to it, and said, it would be cruel. It was upon that I refused it, and said, Mr. Bareblock and my mother had dissuaded me from it. Then the brother said, Here is a suspicion of poison: I am his brother, and you are his wife, and I insist upon having him opened.
Q. Was Mr. Tyrrell there?
J. Sibson. I do not know whether Mr. Tyrrell was not walked out into the garden; he was backwards and forwards all the time.
Q. What was done then, when your brother-in-law insisted upon it?
J. Sibson. It really startled me for some minutes; I knew not how to give him an answer; I said, Well, if you suspect any thing of that kind, I as much insist upon his being opened as you.
Q. Was he opened?
J. Sibson. He was opened on the Friday.
Q. How came the body not to be opened before the Friday?
J. Sibson. Because we wanted the physicians that attended him, to attend: After the Jury had sat, was cleared; they sat Friday and Saturday.
Q. Had you been taken up before that?
J. Sibson. No, only the constables put in the house to watch me; then one of the jurymen came and took the constables out of the house. After that, word was sent down, that Sir John Fielding wanted to see me; that was on the Tuesday seven-night. I went up in a post-chaise. When I came
Q. Do you recollect any conversation there was between Mr. Tyrrell and Mr. Pitt about Dr. Lucas?
J. Sibson. I remember Mr. Pitt said to Sir John Fielding , he wished the physicians were there, they would put it beyond all doubt; Mr. Pitt said something else that I do not recollect. Mr. Tyrrell made answer to Sir John Fielding , Yes, that I believe he would, for Dr. Lucas had told him he had not the least doubt but that the man died of poison.
Q. Are you sure he said so?
J. Sibson. I am; that was the only thing that struck me there. Mr. Fielding had some doubt at that time about committing me; and I was sent in and out, and I could not tell what he would do with me. A few minutes after that, he ordered me out, and I was out I believe half an hour; after that I was committed for murder.
Q. Was you committed upon that?
J. Sibson. I do not know that I was committed upon that; I was sent to New Prison, and then brought to be re-examined on the Thursday.
Q. Did Mr. Tyrrell attend at the re-examination?
J. Sibson. He did; but whether at the first or second examination, I can't tell.
Q. Do you remember your son in-law Mr. Sibson and daughter coming over to England?
M. Martin. Yes.
Q. How did you look upon your son-in-law then for health?
M. Martin. I thought him but in a very indifferent state of health; he had a cold and a cough, which they told me was occasioned by the sea.
Q. Do you remember his coming to live at Longford?
M. Martin. I do.
Q. Do you remember Mr. Tyrrell's coming to him at Longford?
M. Martin. I do.
Q. How long was Mr. Tyrrell at Longford before Mr. Sibson died?
M. Martin. Mr. Sibson came first to my house on the 6th of April, and on the 8th he went to Windsor; and the next day Mr. Tyrrell came to my house; he attended him as an apothecary; that was the first time he attended him at Longford.
Q. Did Mr. Sibson grow better or worse as to health?
M. Martin. Mr. Tyrrell thought him better after he attended him a little while; but I can't say I thought so: I was very ill at that time myself; I had occasion to have Mr. Tyrrell in my room; I was ill in bed; and, after I had told him my own case, I asked him how Mr. Sibson did? He said, thought he was better.
Q. What day was this?
M. Martin. I really can't say. I then thought Mr. Sibson was very ill; I said to him, Mr. Tyrrell, pray what do you think of Mr. Sibson? (this was two or three days after he first came.) I said, I think Mr. Sibson is in a deep consumption; and, for my part, I think it necessary he should have a physician, for I think he will not live; then I gave him my reason. I said my husband was in the same way, and died in about a fortnight. He gave me this answer: The family were consumptive, and that his own brother was consumptive, and was called the walking ghost of Windsor for four years. He then gave me another proof in regard to a man that lived at Chelsea; this was to dissuade me from a physician.
Q. I will not go through all Mr. Tyrrell's arguments. I ask you whether you and your daughter recommended it to Mr. Tyrrell to send for a physician?
M. Martin. I recommended it at that time; and never did after, till the Thursday before Mr. Sibson died.
Q. What were his answers?
M. Martin. His answers were, We might have one, if we chose it, for our own satisfaction; but there was no occasion for one.
Q. Do you remember your daughter leaving word with you, when she and Mr. Sibson went to Hounslow, for you to send for a physician?
M. Martin. I do: My daughter left word with me on the Thursday to have a physician.
Q. Was you ever present at any time when your daughter asked Mr. Tyrrell to have assistance?
M. Martin. No, I was not, for I was very ill all the time.
Q. Whether Mr. Tyrrell at any time recommended it to your daughter in your presence, or to you, the sending for a physician, or that you or your daughter opposed it?
M. Martin. No, never.
Q. First of all, to yourself: Whether he proposed sending for a physician, and you opposed it?
M. Martin. No, he never proposed it to me.
Q. Nor to your daughter, and she opposed it?
M. Martin. No, not to my knowledge. My daughter and I consulted together, before she went out on the Thursday, to send for a physician, and, as soon as the brother came, I was to send him for one; which I did; so that a physician was sent for by my order: But I should tell you, that Mr. Tyrrell came to Longford that day before the brother, and I told Mr. Tyrrell he must stay till Mr. Sibson came home, for he was worse. The brother came presently afterwards; Mr. Tyrrell was in the garden; the brother went to him: I sent the maid out to fetch Mr. Sibson to me; he came into the kitchen to me: I said to him, Mr. Sibson, my daughter has left orders that you should go directly for a physician. He asked me which he should go for, as there were two?
Q. What was the consultation about?
M. Martin. It was about which physician to go for: He wrote the note to Dr. Lucas, and Dr. Lucas came on the Friday morning.
Q. Had Mr. Tyrrell on that Thursday seen Mr. Sibson between that and the Monday?
M. Martin. No, Dr. Lucas was sent for almost two hours before Mr. Sibson returned from Hounslow.
Q. What said Dr. Lucas to Mr. Sibson's case, when he did come?
M. Martin. He pronounced it a very desperate case?
Q. Do you remember any other physician being sent for?
M. Martin. Yes.
M. Martin. I was taken out of bed in a high fever to go.
Q. Do you know what passed there?
M. Martin. No, I do not.
Q. Did you deliver in an examination at Justice Fielding's?
M. Martin. I did.
Q. Who wrote it?
M. Martin. Mr. Richardson wrote it.
M. Martin. At Mr. Bell's in Maiden Lane. I came to town on Tuesday, and was extremely ill then. I thought myself not able to go; and I was advised to lie in my bed, to recollect what I knew; so it was drawn up, and I signed and swore to it.
Q. Where do you live?
M. Martin. I live at Mr. Mackoun's house; they came to me.
Q. Has he not some of Mr. Sibson's effects in his hands?
M. Martin. He has been a manager of my affairs, but not of her affairs.
Council. You soon pronounced Mr. Sibson would die?
M. Martin. I thought he would not live.
Q. Did you not say he would certainly die?
M. Martin. I did think he would.
Q. Did not your husband die of an apoplexy?
M. Martin. No, h e did not, he died in a deep consumption; he rode from my house at Walthamstow but about a fortnight before he died; he had been ailing a long time; but he was able to go out three days before he died.
Q. Look at this letter [a letter is delivered into her hand]; is this your hand-writing?
M. Martin. It is my hand-writing.
Q. Did you ever hear your young mistress desire Mr. Tyrrell to call in a physician?
A. Wright. I heard Mrs. Sibson, the Monday before he died, which was the 19th of April. She followed Mr. Tyrrell to the door, and asked how Mr. Sibson did: He said, Madam, I have been talking to him; he is very low spirited, and like vapoured; and if he would but have better spirits, and eat and drink, and take exercise, he would be better. He said, he had been advising him to come to Windsor, and hoped he should see him there before Thursday; if not, he would come over again. Mrs. Sibson said, Sir, if my husband is dangerous, I beg you will not flatter me, that I may have a physician, or assistance, I am not certain which word she used.
Q. What did you understand it to mean?
A. Wright. I understood it to mean a physician.
Q. What answer did he give to that?
A. Wright. He said, if he would eat and drink, and take exercise, he would be better; he did not think there was occasion for any farther advice, or a physician, or assistance, which of these three expressions it was, I cannot say, it was one of them; this was the Monday before he died.
Q. What particular happened on the Thursday?
A. Wright. On the Thursday Mr. and Mrs. Sibson went out towards Hounslow with another gentleman. Mr. Sibson was very ill; Mrs. Sibson thought of having a physician; she grew very uneasy, because he was so very ill.
Q. Had Mr. Tyrrell been there then?
A. Wright. No, he had not.
Q. Do you remember any word left?
A. Wright. Mrs. Sibson left word, that if the deceased's brother came from Windsor, to return again for a physician.
Q. Who did she leave that word with?
A. Wright. She left it with Mrs. Martin, my mistress.
Q. Did Mr. Sibson the brother come?
A. Wright. He did, but Mr. Tyrrell came first. Mrs. Sibson had left word, if Mr. Tyrrell came in the mean time, he should be detained till the brother returned: Mr. Sibson the brother went for Windsor before Mrs. Sibson and her husband returned.
Q. Did you hear any conversation with Mr. Tyrrell?
Q. Do you know any thing of your young mistress sending to another physician?
A. Wright. I know of her sending for Mr. Fothergill, and he could not come.
Q. Who were present?
Howard. There was Mr. Johnson of Brentford, Mr. Tyrrell, my father, and myself.
Q. Do you remember, upon the body being opened, any thing being said by Mr. Tyrrell upon the appearance of it.
Howard. Yes, Sir; I was standing at the window after they had opened the body; he desired me to come to him, to see the inflammation; he said I should go to the Old Bailey.
Q. Repeat his words.
Howard. He said, Come, youngster, see this inflammation; you shall go with us to the Old Bailey.
Mr. Johnson. I was one of the persons present at the time the body of Mr. Sibson was opened.
Q. Do you remember who were present?
Johnson. The persons were the same the young gentleman has spoke to; I remember the body being opened: When Mr. Tyrrell was viewing the stomach in its natural situation, he spoke out with a joyful countenance and a loud voice, A brave inflammation! Mr. Howard. Then he addressed himself to Mr. Howard's son, Come, youngster, look at this inflammation; you shall go with us to the Old Bailey. I remember it very well; it affected me very much to see a man expressing himself with so much joy, before we were certain it was so.
Q. Who were present in the room?
Johnson. Mr. Howard senior, Mr. Howard jun. Mr. Tyrrell, and myself; I am not certain if there was not a woman or two; there was one woman, I think, in the room, and one upon the staircase.
Q. to Mr. Howard. Was there any woman in the room?
Mr. Howard. There was a woman in the room.
Mr. Want. The question put to Mr. Tyrrell, at the trial here, was not youngster, but young rogue.
Q. Have you heard the evidence given by Mr. Howard and Mr. Johnson?
M. Tyrrell. I have; I was by when Mr. Tyrrell made use of that expression; I heard the same words, whether it was young rogue, or youngster, I am not sure; I am sure it was one of them: I am sure he said, You shall go with us to the Old Bailey; and, more than that, I remember Mr. Johnson stroked it with his hand, and said it was only a flash with a knife.
Robert Groat *. I was present at Sir John Fielding 's on the second examination, the night before Mrs. Sibson was committed. Mr. Johnson sent his papers to me (as he was extremely bad) to have them read; but they were refused to be read, as Mr. Tyrrell seemed to invalidate Mr. Johnson's evidence, saying, he did not believe there was any truth in them. When I came in, Mr. Tyrrell was making a declaration before Sir John Fielding ; I presume he had been sworn before, and that he was examining upon oath. What I heard Mr. Tyrrell say, was, That Dr. Lucas told him (Mr. Tyrrell) that it was his (Dr. Lucas's) opinion, that poison was the occasion of the death of Mr. Sibson.
* By mistake, Mr. Groat is called Grosvenor, in the trial of Mrs. Sibson, in the sessions paper of May last.
Q. Was you present at the Old Bailey when Mrs. Sibson was tried?
Groat. I was; and, upon my giving evidence here in this court, that question was asked him. He denied it, and said, he was sure he had never said any such thing.
Q. What was the evidence you gave here on that trial?
Groat. The same evidence that I have given now, as near as I can recollect. On the occasion of his having said so, I was examined to contradict him. I was asked whether Mr. Tyrrell had said so at Sir John Fielding 's. I said he had; and Mr. Tyrrell denied it. Mr. Tyrrell had given his evidence first.
Q. Whether you ever in your life time told Mr. Tyrrell, that you had no doubt but that the deceased Mr. Sibson died of poison, or that it was your opinion that this man died of poison?
Dr. Lucas. I never told him so, nor thought nor suspected it.
Counsel for Prosecution. We rest it here.
For the Prisoner.
Jos. Sibson. On the 10th of April I was at Longford. I went down to visit my brother the deceased. I put up my horse at the Queen's Head: From thence I wrote a letter to my brother, at Mr. Mackoun's, that there was an acquaintance of my brother's wanted to see him. On sending that note, I received an answer to it, wrote by my brother, all but the direction, which was wrote by Mrs. Sibson; the contents were, that he was very bad, and consined to the house for six days, but desired I would immediately come, with the bearer of that note, there.
Q. Who brought the note?
Q. How did you find your brother that is deceased?
Sibson. I was surprised at finding him so very bad. I told Mr. Tyrrell I came from Mrs. Martin's for the medicines. He said they would be ready soon. I asked him what he thought of my brother's illness, and if he thought him dangerous? He said, No, he did not think him dangerous. Said I, he appears very bad, and it greatly affects me. Said he, If you think him very bad, we have two very good physicians in Windsor, I should be glad to have the opinion of either of them; and recommended me to have the opinion of Mrs. Sibson or Mrs. Martin, or both of them. The next morning I took an opportunity to acquaint Mrs. Sibson, that I thought my brother was very bad, in a dangerous way, and I thought it would be expedient to call in a physician. I told her, Mr. Tyrrell had told me there were two very eminent physicians in Windsor, and that he would be very glad to consult either of them. She said, I don't think there is any occasion for it, your brother is much better than he was. Quickly after that, I received this letter from Mrs. Sibson. While I was at Windsor, I desired Mr. Tyrrell would come on the Sunday morning, before I left Longford: He promised me he would come. Some time late in the morning I saw Mr. Tyrrell coming on horseback: I went into the yard to meet him.
Q. What Sunday was this?
Sibson. This was Sunday the 11th of April; he immediately said to me, Did you recommend what I said concerning a physician, to Mrs. Martin or Mrs. Sibson? I told him I had mentioned it to Mrs. Sibson; but she neither did consent to it, or say she would not: She said, she saw no occasion for a physician, as my brother was much better than he had been. Mr. Tyrrell quickly went into the chamber where my brother lay; and, upon his asking him how he was, and some other questions, Mr. Tyrrell asked him if he had any objection to losing a little more blood? He said, No, Sir, if you think it expedient. Then, said he, I'll take a little more from you. There was a little bason, which Mr. Tyrrell took, and desired I would hold it which he was opening the orifice. Accordingly I did; after that, he said to me, I cannot think why Mrs. Martin and Mrs. Sibson should be of opinion that he is in a consumption; he said, here are strong museles, as strong as wire, and recommended me to feel his pulse; and said, Here is a strong pulse The letter Mrs. Sibson sent to me just after I got home, was dated Apr. 18, 1702. Longford.
"Yours of the 14th of Apr. last Sunday, which
"brings the unwelcome news of the return of the
"disorder. [I am much subject to the gout, which I had wrote about in mine. - Her letter says,]
"As to Mr. Sibson, he is much better as can be expected
"in the time, and has been out four days in
"the chaise; and as soon as he gets his stomach, I
"don't in the least doubt but he will gather strength,
"which is all he wants."
Counsel for Prosecution. Look at these two letters [ be takes them into his hand].
Sibson. These are both my hand-writing.
Q. Then the 10th of April was the first time you ever saw Mr. Tyrrell, was it not?
Sibson. It was.
Q. Then you can't answer to any thing that happened before or after that time, can you?
Sibson. I cannot.
Q. Was you present when application was made by Mrs. Sibson to her husband to have a physician?
Sibson. No, I don't remember that.
Q. Did you desire Mrs. Sibson to mention it to your brother?
Sibson. No; I recommended it to her, and likewise recommended these two gentlemen which Mr. Tyrrell recommended to me; they are both strangers to me.
Q. Upon your saying you thought him very bad, then it was Mr. Tyrrell said, if you thought him very bad, there were two good physicians at Windsor, he would be very glad to consult either of them; is this what you say?
Sibson. I asked him if it would not be expedient to have a physician? He said there were two very good ones at Windsor, and he should be very glad to consult either of them.
Q. Which mentioned a physician first, he or you?
Sibson. I did.
Counsel. Then Mr. Tyrrell observed to you, there was a very strong pulse, and strong muscles, even as strong as wire?
Sibson. He did.
Counsel. Then he did not apprehend any danger at all?
Sibson. He did not apprehend any danger
D. Tyrrell. This was the Thursday before the Monday on which he died.
Q. What Mr. Tyrrell do you mean?
D. Tyrrell I mean Mr. Tyrrell at the bar; he was going alone in the post-chaise, and I said I would go along with him if he choose it, for an airing: When we went in, Mr. Sibson and his wife were gone out a airing; there was nobody at home but Mrs. Martin: When my brother went in, she said, Doctor, here is a great alteration since you was here last Monday. My brother said, Then madam, we had better call in a physician.
Q. Was that before any body had mentioned it to him?
D. Tyrrell. It was. Mr. Sibson the barber, from Windsor, went over with us, but as he walked, he was left behind.
Q. What did Mrs. Martin say to that?
D. Tyrrell She said he was very obstinate, and would not have a physician; but she would mention it when he came in: My brother said, it will be late to send, when he came home. Robert Sibson then came into the house; they went into the parlour and consulted; then he came out, and said, they had agreed to send for a physician; He and my brother talked together in the kitchen; Mrs. Martin went out a little while and came in again; my brother and he agreed this in the kitchen; my brother called for pen and ink, and wrote a note to Dr. Lucas, and Mr. Robert Sibson carried it. When Mr. Sibson and his wife came in, and Mrs. Sibson was told of it, and he was gone up stairs, she said, she must mention it tenderly to him. When Mr. Sibson came down, she said to him, Mr. Tyrrell says, you had better have a physician; I was sitting by the fire by them, when she said it.
Q. Recollect the words she made use of?
D. Tyrrell. She said. My dear, as you are not better than you was, Mr. Tyrrell would advise you to have a physician. They said he was very obstinate, and would not take any thing; he complained of a violent griping and gnawing in his stomach. They desired me to persuade him to take some chicken broth, and I did persuade him, and he took them.
R. Sibson. I was.
Q. Did you carry it on by yourself?
R. Sibson. I did.
Q. Had Mr. Tyrrell any hand in the prosecution?
R. Sibson. Mr. Tyrrell had nothing to do with it, as my eldest brother was not in England, I took it upon myself.
Q. Did you visit your brother often in his illness.
R. Sibson. I hardly missed a day seeing him; he first came over to me to Windsor, and made great complaint about a fortnight before he died; I cannot be exact to a day.
Q. When did your brother come to Longford?
R. Sibson. He came on Shrove-Tuesday; he came from North-America. I received a letter he had dated from Bristol, and he came within half an hour after the letter: the stage stopped at the Salt-hill, and he took a horse and came to see me; and I must needs own, I never saw him look better in my life; he expected to meet Mr. Mackouns, Mrs. Martin the mother, and Mrs. Sibson; about three weeks after he came and dined with me; he was then very well; after that, he came again, and complained of gripings, and desired I would get Mr. Tyrrell for him, because Mr. Tyrrell was an acquaintance of his before he left England; Mr. Tyrrell attended him the next day; Mr. Tyrrell thought him vastly bad, and desired I would take him home in a chaise, which I did.
Q. Did you visit him most days?
R. Sibson. I very seldom missed going two days together. Mr. Tyrrell constantly attended him.
Q. When did he begin to grow bad?
R. Sibson. He grew a great deal better, I have a note here which Mrs. Sibson sent me that he was better.
Q. Was you there the day he died?
R. Sibson. I was there about a quarter of an hour after he was dead.
Q. Did you see Mrs. Sibson then?
R. Sibson. She was then writing a letter to an undertaker. This was about a quarter of an hour after he died.
Q. How did she seem upon it?
R. Sibson. She did not seem very bad upon it; for I found within two hours after, she came up to Doctor's-commons to prove the will.
Counsel. You seemed to think he did not die fairly?
R. Sibson. I thought by some expressions which I heard in the family, that he did not die fairly.
Q. What were they?
R. Sibson. Mrs. Sibson said, if he died she would have him opened, and have his heart taken out, and she would take opium and die, and be buried along with him.
Q. Was it opium or poison?
R. Sibson. I believe they both were mentioned; and I heard the maid say, her mistres s had brought down as much poison, as would poison forty people.
Q. What is her name?
Q. When did you hear this?
R. Sibson. This was on the Friday before my brother died.
Q. How came she to mention this?
R. Sibson. It was upon her husband's being so bad, she would take it.
R. Sibson. She mentioned it before Mr. Bearblock and I, and several other people. Mr. Tyrrell has heard her say so, I dare say, once or twice, as well as I.
Q. Was you present when Mr. Tyrrell has heard her?
R. Sibson. I was; and from this, it struck in my mind that he was poisoned.
Q. Did you mention your thoughts to Mr. Tyrrell?
R. Sibson. I told Mr. Tyrrell I did think so.
Q. Did you see any thing of bread and butter?
R. Sibson. The maid took some bread and butter out of a band-box.
Q. When was this?
R. Sibson. This was the Friday night before my brother died.
Q. How came she to do that?
R. Sibson. I don't know.
Q. Were any body by at the time?
R. Sibson. There were Mr. Bearblock, Mrs. Martin, Mrs. Sibson, and there might be more women.
Q. What was done with it?
R. Sibson. I took it away with me. I had it in my possession; and when I came home, I repeated this to Dr. Lucas; and he clapped his finger on the table, and said, You may as well spread this table, as to spread laudanum.
Q. When did you acquaint Dr. Lucas of it?
R. Sibson. It was on the sunday-night before he died. From this I thought it incumbent on me to go on with a prosecution.
Q. Did you, when you was at your brother's, ever hear Mrs. Sibson or Mrs. Martin propose a physician?
R. Sibson. I don't recollect that I ever did. My brother Joseph came from Baldock, and he was surprized to see him so bad: I went with my brother Joseph to Mr. Tyrrell, and left Mr. Tyrrell and he together upon that subject, that is, concerning a physician being called for.
Q. When was that?
R. Sibson. This was on the Saturday was se'nnight before he died, I believe it was then, but I will not be positive; I heard at that time Mr. Tyrrell advise a physician.
Q. Can you be certain how long it was before he died? was it a week before, or longer?
R. Sibson. It was better than a week before. Mr. Tyrrell said, There were two very good physicians at Windsor; and begged of my brother to recommend it when he returned.
R. Sibson. I was. I remember Sir John wrote a card and gave it to Mr. Tyrrell, and I believe the contents of it were to beg of Dr. Lucas to know his opinion. I asked him what was Dr. Lucas's answer to the card? he said, Dr. Lucas did not chuse to give his opinion to any one, till he came to the Old Bailey, if he was called there.
Q. Did you hear Mr. Tyrrell say Dr. Lucas was clear of opinion he died of poison?
R. Sibson. No; I did not.
Q. Was you there at both examinations when the women were there?
R. Sibson. I was.
Q. Who did you hear it from, that it was agreed that the first that died was to take the heart out for the other to keep by them?
R. Sibson. I had it from Mrs. Martin's own mouth.
Q. When was it agreed upon?
R. Sibson. That was, I believe, before they came to England.
Counsel. Then the thoughts of that, and hearing of poison in the house, gave you this suspicion?
R. Sibson. Yes; from thence I thought he might be poisoned; the maid said, there was as much brought down as would poison forty people.
Q. Do you know any thing of Mr. Tyrrell advising Mrs. Sibson, or Mrs. Martin, to call in the aid of a physician, of your own knowledge?
R. Sibson. No; I really do not.
R. Sibson. I might be out, but not to stay any time.
R. Sibson. I do; the more he looked in it, the blacker it appeared to him, he said; and begged of Sir John not to be called again.
Q. Which was the black affair, the charge against this poor woman for having poisoned her husband, or what?
R. Sibson. The reason was concerning all this money that was missing.
Counsel. Was not that mentioned on the trial here?
R. Sibson. No.
Q. Whether Sir John did not say, it was a matter so doubtful, as the Coroner's Inquest having found the man died from a natural cause, that he should be very glad to receive some satisfaction from somebody of better knowledge?
R. Sibson. I imagine that was the reason this card was sent to Dr. Lucas.
Q. Now will you undertake to say, That Mr. Tyrrell did not step forth, and say at once, he could clear up that difficulty, for Dr. Lucas was clear of opinion he died of poison?
Q. Will you undertake to say he did not say so?
R. Sibson. I don't recollect it.
Q. Upon your oath, did you not hear it?
R. Sibson. Upon my oath, I never did hear it.
Q. Did you see Sir John sign the card?
R. Sibson. I did, with his own hand.
Q. Was the card sent the last time of examination?
R. Sibson. I really cannot say whether it was the last time or no.
William Marsden . I was present at this examination before Sir John Fielding and Mr. Mombray. Mr. Mombray has been here a good part of the day, in order to give evidence on this matter, but he is now gone.
Marsden. I was; and I took them.
Q. Did you hear, either in point of examination, or point of conversation this expression, it is a material one, That Mr. Tyrrell said there to any body, and to whom, That Dr. Lucas's opinion was, that the deceased was poisoned?
Marsden. No; I never heard any such thing.
Q. Was you in the room all the time?
Marsden. I was; it was in Bow-street.
Q. Did you write all the time?
Marsden. I wrote some part of the time. I am very sure Mr. Tyrrell never swore any such thing.
Q. Did you hear any talk about Dr. Lucas?
Marsden. I did hear some talk about him; Mr. Fielding desired to know the opinion of Dr. Lucas and Dr. Hays, and ordered me to write to Dr. Lucas.
Q. At which examination was it?
Marsden. I believe it was that evening she was committed for further examination.
Q. Do you remember any thing being said about Mr. Johnson?
Marsden. I do; I remember one thing being said about him; which I think was said to be at the same time this other thing was said. Mr. Tyrrell said, he believed he should be able to prove Mr. Johnson had not seen Dr. Lucas, though in that writing Mr. Johnson had said he had seen Dr. Lucas; that I think upon the trial here, was said to be at the same time of the other expression; and I was surprized to think I did not hear that expression.
Q. Whether there was any talk of what Dr. Lucas had said?
Marsden. Yes; Mr. Johnson sent a writing. I read it over to the justice; there was one circumstance mentioned; that was, Whether he knew Dr. Lucas's opinion? Mr. Tyrrell said, he believed he should be able to prove Dr. Lucas had not seen Mr. Johnson.
Q. Whether that was not in answer to a conversation touching something that Dr. Lucas should have said, and that Dr. Lucas had said something different from Mr. Johnson?
Marsden. It might.
Q. Whether Justice Fielding said, I should be very glad if some of the physicians were here: and Mr. Tyrrell should say, If Dr. Lucas was here, he would put it out of doubt; for he had told him, it was his opinion the man died of poison; take it whole together?
Marsden. The justice expressed he should be glad to have the doctor's opinion on it; and expressed an uneasiness how to act in it. There was no such declaration from Mr. Tyrrell; it was rather connected with that thing of Mr. Johnson; but it was not sworn I am positive.
Q. Was there no such conversation with Mr. Tyrrell?
Marsden. No, not in that manner.
Q. Was not there a letter from Mr. Johnson, with a remarkable postscript in it, directed to Sir John Fielding , which was read, and an objection taken, that it could not be Mr. Johnson's hand-writing?
Marsden. I do remember that, I remember it was wrote in two different hand-writings.
Q. Rub up your memory again, and see if you can go a little farther, whether there was not a dispute about this letter, whether it was from Mr. Johnson?
Marsden. I cannot charge my memory with the conversation.
Q. Whether you recollect you was at the trial here of Mrs. Sibson?
Marsden. I do.
Q. Whether you was here at the time Mr. Pitt gave his evidence, and that he and Mr. Groat both swore, that Tyrrell said at Sir John Fielding 's, Dr. Lucas told him, he was of opinion the man died of poison?
Marsden. Yes, I was.
Counsel. Then why did not you, as an honest man, stand up and say, I was by, and heard no such thing.
Marsden. I do not thrust myself into things I have no business in; I am subpocna'd here, or I had not been here now.
Q. How came you not to do it, and not suffer a man to be committed for wilful and corrupt perjury?
Marsden. I did not understand he was committed
George Pearson . I attended at three of the examinations before Sir John Fielding ; the first was of Ann Wright the servant girl on the Monday morning; and Mrs. Sibson's on the Tuesday. I came when she was gone out into the yard, on the account of being sick; and I was here on her re-examination.
Q. Did you hear Mr. Tyrrell examined?
Pearson. He was examined frequently.
Q. Was you there all the time of examination?
Pearson. I was out backwards and forwards on the Tuesday evening; that was the second examination.
Q. Was you there when Dr. Groat was examined?
Pearson. I was; that was on the Thursday.
Q. Was you attentive to what passed?
Pearson. I was very attentive; and if that expression had been mentioned, I think I must have heard it.
Q. Did you see the doctor there any other time?
Pearson. No; never but on the Thursday, as I remember.
Q. Was you there the whole time Dr. Groat was there?
Pearson. I was; I was there when he came in.
Q. Did you hear Tyrrell say, Dr. Lucas had told him (Mr. Tyrrell) that he the said Dr. Lucas had not the least doubt that the man was poisoned?
Pearson. No, I did not; what I heard was this: He was asked by Sir John Fielding , if he had seen Dr. Lucas? Mr. Tyrrell said, he had: Sir John said, Pray, what does the doctor say? Mr. Tyrrell said, the doctor told me he would not declare his opinion till he came to the Old Bailey, or words to that effect.
Q. Was that when Dr. Groat was there?
Pearson. I should imagine it was.
Q. Upon your oath, whether at the time that you heard this Dr. Groat was there?
Pearson. I do apprehend it was at the time he was there, but I cannot be positive.
Dr. Groat. Upon my oath, Mr. Tyrrell said no such words while I was there.
Q. to Pearson. What are you?
Pearson. I am a clerk in the law; I am clerk to Mr. White, in Arundel-street in the Strand.
Q. How came you to be at the examinations?
Pearson. Mr. Sibson is a townsman of mine; Mr. Bearblock called upon me, and said, here is a terrible thing happened; and said, we do imagine Mr. Sibson has been poisoned, and if you go you will hear what passes; so I went.
Peter Graham . I was present when Mr. Tyrrell was asked the question concerning Dr. Lucas of Windson: Sir John asked him, If he had seen Dr. Lucas he said opinion? He said, Dr. Lucas says he will not his opinion at present, but if he is called upon at the Old Bailey, he will give it there.
Q. Was he to give it verbally or in writing?
Graham. I can't say which.
Q. How came you to be there?
Smith. I have known George Sibson a great man, years; the first day he was in London, he called upon me; he being an intimate acquaintance, carried me there. I heard Sir John Fielding ask Mr. Tyrrell, if he had called upon Dr. Lucas? He said he had. He asked what was Mr. Lucas's opinion I regard to the deceased? He said, he would not declare his opinion to him, but if he was called upon to come to the Old Bailey, he would declare there.
Q. If Mr. Tyrrell had said that Dr. Lucas tell him the man died of poison, should you have hear it?
Smith. I am certain I should.
Q. Did you hear any thing of it from Mr. Tyrrell?
Smith. I did not hear a syllable of it.
Q. Was you there when Mr. Johnson was there?
Smith. I was.
Q. Was you there when Mr. Groat was there?
Smith. I was; he came in with a parcel of papers. I knew him by sight very well.
Q. Don't you remember a conversation with these two gentlemen; and that Mr. Pitt told Mr. Fielding, that if Dr. Lucas was there, he would put the matter out of doubt; and Mr. Tyrrell made answer, that he would, for he had told him it was his opinion the man died of poison?
Smith. I never heard any such thing.
Q. Might it have been said, and you not have heard it?
Smith. I don't think it was possible to be said without my hearing it; it was not said in my hearing.
Counsel. Then you must think Mr. Pitt and Mr. Groat perjured?
Smith. I don't say that.
Q. Did you hear Mr. Tyrrell say, it was Dr. Lucas's opinion that the deceased died of poison?
Bearblack. No; I did not.
Q. Do you think if such a thing was said, you must have heard it?
Bearblock. I think I must.
Q. What are you?
Bearblock. I am a woollen-draper, and live in Smithfield.
Q. Was you there during the whole examinations?
Bearblock. I was; Monday, Tuesday, and Thursday.
Q. Did you remain in the room all the time?
Q. Do you remember a letter being produced that Mr. Johnson sent?
Bearblock. I do; there were two different handwritings in it, and some dispute about the hand-writings.
Q. Did you hear any thing at all said about Dr. Lucas's opinion?
Bearblock. Mr. Tyrrell came in, and Sir John asked him, if he had seen Dr. Lucas? He said, yes: Sir John asked what was his opinion? Mr. Tyrrell said, Dr Lucas would not give his opinion till he was called to the Old Bailey; then he said, he would give his opinion.
Q. Did you hear Mr. Tyrrell say, Dr. Lucas told him, it was his opinion the man died of poison?
Bearblock. No; I did not.
Q. Will you say, he never did say so?
Bearblock. Sir, you shall not catch me there; I say, I never did hear it.
Q. Do you know the contents of a card that Sir John sent to Dr. Lucas?
Bearblock. I do, I believe; it was Sir John's respectful compliments to Dr. Hayes and Dr. Lucas, and he desired to have their opinions on this thing; I don't know, whether Sir John did not ask Mr. Tyrrell, if he had got a writing.
Q. What was the dispute about the letter from Mr. Johnson?
Bearblock. The letter and the direction were not by the same hand; then afterwards, they found the postscript, was not the same hand with the letter, and there was a dispute about it.
Q. Recollect yourself, whether or no upon that dispute about the letter, containing what was Dr. Lucas's opinion, Mr. Tyrrell did not give the justice an account of what Dr. Lucas had told him?
Bearblock. I don't recollect that.
Counsel for the Prisoner. We have done, except to character.
Counsel for the Prosecution. I dare say he has a very good character; we admit he has a very good character.
The Jury found him Guilty, but recommended him to all the mercy his case would bear .
Benjamin Tomkins . I live in Bread street, and am a linen draper : The prisoner was my livery servant ; my servant Thomas Handcock missed some linen cloth before the prisoner absconded, but did not tell me till afterwards. Then I went to Mr. Fielding, and got a search warrant; I had his mother's house searched at Aylesbury in Buckinghamshire, where I had him from; we found nothing; he was taken, and before Justice Fielding he confessed, he came down in the morning and took the key of my warehouse, and took his piece of linen, (it was his business to get up and open the shutters in a morning) and at that time he owned he did it: he said, he took a piece of long lawn from the counter, and concealed it where we put our loose wrappers, and about an hour after he conveyed it away to my porter's house and it was in the porter's w ife's custody several days; that he had part of it cut out for shirts, and the remainder he wanted to dispose of, and he to have the value of it; and upon her being doubtful in what manner he came by it, and very uneasy, he went and got the remainder of it. and directed it for himself. an I sent it down to Aylesbury by the Wooburn-coach, where it was afterwards found; there were thirty-two yards of it when in my shop; he had artfully tore off the ticket which we fix to the end, so that I can only say, what I lost was of the same quality and same sort of cloth as this [Producing it.]
Thomas Handcock . I am a shopman to Mr. Tomkins; the prisoner lived at our house; I remember missing a piece of long-lawn on the 17th of August; it was thirty-two yards; Mr. Tomkins was then ill of the gout, and I did not care to tell him of it, fearing to make him worse; in a day or two the prisoner absconded; he commonly used to come down to open the shutters a few minutes before me; after he was taken, I heard him confess at Sir John Fielding 's, the same as Mr. Tomkins has mentioned.
Jane Holland . I live in Trinity-lane; I am wife to Mr. Tomkins's porter; the prisoner brought me the cloth, to-morrow will be six week in the morning, and desired me to make him five shirts of it; when one was made, we began to suspect he did not come honestly by it; I asked him how he came by it? he said, he bought it at the Sun in Cheapside in a lot: I went, and found there had been goods sold there by lot; still I was uneasy, till I made him take the cloth away; in about an hour after he was gone, it appeared he stole it.
The prisoner said nothing in his defence.
Guilty . T .
271. Jane, wife of Robert Norris , was indicted for wilful and corrupt perjury, in an affidavit in the marshal's court, in order to aggrieve Robert Fosset , and to obtain from him the sum of 4 l. 19 s. March 31 .
271. (L.) Abraham Cascatter , was indicted for wilful and corrupt perjury, on the trial of Samuel Levi and Moses Parnet at Guildhall (for assaulting and using John Clary ill ) in swearing with an intent to have the said Levi and Barnet unjustly acquitted of the charge , &c. May 24 ~.
272. (L.) John Kello , was indicted, for that he did forge and counterfeit, and cause and procure to be counterfeited, and willingly acted in the same, a certain order for the payment of money, with the name William Partridge thereunto subscribed, directed to George Amyand and Co. bankers and partners , for the payment of one thousand pounds, and for publishing the same, well knowing it to be false, forged, and counterfeited, with intent to defraud the said George Amyand and Co. and it was laid also for publishing the same, with intent to defraud Joseph Cotton , August 28 ++ .
Joseph Cotton . I am a packer , and live in Aldermanbury; I do business for Mr. William Partridge in the pressing and packing way, and am conversant in his business, as a person in whom he puts confidence. I have often been at the bankers for him.
Cotton. I have known Joseph Kello twelve years; he was an apprentice to Mr. John Howell , a blackwell-hall factor; my master used to send me to Mr. Howell's to assist Joseph Kello ; Kello was a servant to Mr. Charles More of Aldermanbury, in August last; as Kello and I lived both in Aldermanbury, we were very intimate.
Q. Had he any opportunity of knowing the affairs of Mr. Partridge?
Cotton. He had; he was backwards and forwards so often, that if he had a mind, he could see them as often as I could; he was with me five or six times a day at Mr. Partridge's house, and my ware-house.
Counsel. You mean Joseph, the brother to the prisoner?
Cotton. I do. On the 28th of August Mr. Partridge set out from Whitechapel; I was with him there at two o'clock; he dined at Woodford about three, in his way to Harlow; all this Joseph Kello knew. Between five and six that evening, I received a note or letter, as coming from Mr. Partridge; it was brought me by a porter; I was in my own warehouse in Aldermanbury, contignous to Mr. Partridge's house; I asked the porter where he brought it from? he told me a gentleman gave it him in the street, and it required no answer.
Q. Do you know that porter?
Cotton. I have not been able to find him; here is the letter [ producing the letter and cover]; it was inclosed in a cover; there was a draught upon Mess. Amyand and Co. for one thousand pounds, and there was a bill of 350 l. in it, which I understood to be one of Sir Samuel Fludyer 's clothers: The cover was directed to me, at Mr. Elliot's in Aldermanbury. The contents of the letter is to receive the draught myself in bank, and carry it directly, under cover, and leave it at the bar of Sam's coffee house, Change-alley, directed for Thomas Rous , Esq;
Q. In consequence of this letter, what did you do?
Cotton. I immediately went to Mess. Amyand and Co. in Cornhill with it; I took the letter as well as the draught with me, and delivered it to Mr. Mercer himself; he happened to be in the shop; it was directed to Mess. Amyand, Staples, and Mercer; I received a thousand pounds bank note for the draught; it was B. 141. I am not certain of the date; I incrosed it in a cover in Mr. Mercer's presence, and asked for a water; his clerk gave me one, and I sealed it up: Joseph Kello being at my warehouse with me when the porter brought the letter, he directed the cover in my warehouse, because I was in a hurry, and I carried that cover with me, that I might have only the trouble to seal it up at the banker's; this I did for expedition.
Cotton. I shewed him the very letter, and he knew it was to be left for Mr. Rous at Sam's coffee-house; there was some dispute between Joseph Kello and I, whether the direction should be for Mr. Rous. These, or for Thomas Rous , Esq; I carried it directly from the bankers to Sam's coffee-house; I asked for the master and mistress of the coffee-house; they were both out; I left it at the bar, but did not leave the house; I went and stood at the door-way, and afterwards went and sat in the house and drank, and staid between two and three hours; when I went away, I called to the waiter for the parcel, and opened it to see if it was in; then I took a pen and wrote, The letter for Mr. Rous is at J. Cotton's, Aldermanbury, and left that paper as a direction for Mr. Rous, if he came. When I returned to Aldermanbury, Joseph Kello was at my warehouse; this was about nine o'clock in the evening; he asked me, if I had left it? I told him, I had not, I was afraid, but I had left a direction, that the letter for Mr. Rous was at J. Cotton's in Aldermanbury: Joseph Kello went out just afterwards.
Q. Look at this bank note? [He takes it in his hand.]
Q. Did you after this receive any other direction or message relative to this thousand pound draught?
Q. Should you have known Mr. Rous, if you had seen him?
Cotton. I should, I have seen him several times; then I went back again, and took the note along with me; Joseph Kello was at my warehouse still waiting; but I wrote a note at the Antigallican, and left it there; the contents were, that the parcel directed for Mr. Rous, should be delivered tomorrow morning at Hackney by ten o'clock. I intended to go with it myself; this is the note I wrote [Holding a paper in his hand]. Joseph Kello asked me the minute I came in, if I had left the parcel? I said, I had not; then he told me, that Mr. Partridge would be very angry, and I did not know the consequence of not leaving it; and talked a deal to me to that purpose.
Q. Did you inform him of your intentions of carrying it to Hackney the next day?
Cotton. I did; I sat down then to write to Mr. Partridge; Kello said, I am obliged to go a little way; I said, it is twelve o'clock; he said, he was obliged to go, but he would come back presently; he returned back when I had wrote the letter, and saw every thing that I had wrote in it; the substance of the letter that I wrote to Mr. Partridge was, that I had not left it, but I intended to carry it to Hackney myself; then Kello and I went together and carried the letter to the post-office; I gave Kello the letter and sixpence, and he put it through the wicket; as it was after twelve o'clock, I was obliged to give sixpence.
Q. How was the letter directed?
Cotton. It was directed to Mr. Partridge at Harlow; then we returned, and Joseph Kello lay with me that night; this was all on the 28th of August In the morning he got up before his usual time, and said, he was obliged to go to Mr. More's (he lived with him); he was up before six, and returned to me about nine, and told me he had been taking a walk round the fields; I asked him what time it was he went out? he said, it was but six: I told him I was going to Hackney to Mr. Rous; and asked him, if he would go with me? he began to tell me the consequence of going there, for fear it should not be for that gentleman; I remember he mentioned this three or four times over, and seemed as though he intended to asked me for the belt; we set out to go, but we stopped by the way to have a pint of beer; while we were drinking it, he kept talking about the consequence of carrying the letter to Hackney, and advised me not to go till after dinner; he seemed to be for delaying me as much as he could, and he did influence me not to go; he jumped up at about half an hour after eleven, and said he would be with me in a few minutes, but did not return till after I had received another letter. I did not see him again till one o'clock.
Q. What publick-house was you at?
Cotton. It was the house of Joseph Simpkins , at the Sun on London-wall; about a quarter of an hour after he left me, a porter, one that opens and shuts the gate of Mr. Partridge and Mr. Elliot (they live together in one house) brought me a letter; I asked him, how he came to know I was not gone; he told me, Mr. Joseph Kello had been at the warehouses, and told him I was not gone, I was at the Sun on London-wall; when I opened the letter, I saw it came (as I then thought) from Mr. Partridge.
Q. Where is that letter?
Q. What were the contents of that letter?
Cotton. It was dated, Harlow, Sunday morning. It began, Mr. Cotton, I find you have not left the money according to my order.
Q. What did you do upon this?
Cotton. In consequence of this I waited for J. Kello's coming to advise with me; he did not come: Then I returned home, and read the letter to the porter that brought it to me; I immediately took the cover from off the bank note. It was directed to Thomas Rous , Esq; and I wrote another direction, For Mr. Rous, These; as I was directed by that letter: The letter concludes, and says, I hope you have not been to Hackney, but carry it immediately to Sam's coffee-house; I did as there directed; I carried it immediately to Sam's, and left it just before one o' clock, and returned then to Aldermanbury, and while I was at the gate Joseph Kello came up to me; I asked him, what made him stay so long? and told him I had had another letter from Mr. Partridge, and that he seemed very angry that I had not left it.
Q. Did you tell him you had left the bank note at Sam's?
Cotton. I did; I shewed him the letter; he read it: He said, G - d! I thought Mr. Partridge would be angry at your not leaving it. We went then in to dinner; I left that letter then in his hands, and never saw it more. After dinner he was going out; he said, So, you have left the note at Sam's? I said, Yes, I have left it, and don't care what becomes
Q. from Prisoner. Did any-body see you put the note into the letter, before you carried it to Sam's the last time?
Cotton. Yes, Mr. Bel saw me, and saw me seal it up.
Q. to Mercer. Look at this paper [he takes a paper into his hand].
Mercer. This is a forged draught. This I gave a bank-note of a thousand pounds upon.
Q. Look at this bank-note [he takes it into his hand.]
Mercer. This agrees in every respect to the note which I gave on the draught. I delivered it to one of our own clerks; and I saw Mr. Cotton, who has given his evidence, receive it of him; it was in our shop. Mr. Cotton came with the draught, and desired we would give him bank for it. I asked him how he came to be so late. He said, It was but just received from Mr. Partridge: He had a waser, with which he said he wanted to seal the bank note in a cover, and he did it at our counter.
Q. In paying this bank-note, is it set down against Mr. Partridge?
Mercer. No; by finding the draught was a forgery, we have taken the loss finally upon ourselves; if we had not discovered the forgery, we should have set down by the loss; Mr. Partridge is intirely discharged from it.
Court. Then he is a good witness.
Q. Is it like your hand-writing?
Partridge. It bears a great similitude to my handwriting. I have perused it, and am certain neither the whole nor part of it are my hand-writing. I have credit allowed me for this by the banker; that if any thing happens, it intirely falls upon them.
The draught read to this purport:
Directed to Mess. Amyand, Staples, and Mercer:
"Aug. 28. 1762.
"Pay to bearer a thousand pounds.
" 1000 l.
Q. Look at this letter [he takes a letter into his hand]. Is that your hand-writing?
Partridge. This is not my hand-writing.
Q. Is the direction on the back of it your handwriting?
Partridge. No, it is not.
Counsel. This is the letter that inclosed the forged draught.
Partridge. No, it is not.
Q. How old are you?
Kello. I am 24 years of age.
Q. How old is the prisoner?
Kello. He is 26.
Q. Where did you live?
Kello. I was clerk to Mr. More.
Q. What was your wages?
Kello. I had 60 l. a year.
Q. Are you a single man?
Kello. I am.
Q. How long did you live with Mr. More?
Kello. I lived with him about three years.
Q. Where did your brother live in that time?
Kello. He lived in Bloomsbury; he came over with articles of agreement in partnership with gentleman from Virginia.
Q. Was he in any business the three years you lived with Mr. More?
Kello. No, he was not.
Q. How did he maintain himself after he came to England?
Kello. He had about 300 l. remitted him from Virginia.
Q. How long has he been in England?
Kello. He has been in England about three years.
Q. Has he lived on that money remitted him since?
Kello. I myself have supported him with money
Q. For how long?
Kello. It may be for about a year and half p I have maintained him so long as well as I could
Q. Look upon this draught [he takes the for draught into his hand]; whose writing is this?
Kello. This is my own hand-writing.
Q. The whole, or part of it?
Kello. The whole of it.
Q. Look at this letter [directed to Mr. Cott who wrote that?
Kello. The body is the prisoner's; the signing it and the date are my hand-writing: I counterfeit Mr. Partridge's hand-writing.
Q. Look at this cover, that the letter and dra were sent in [he takes it into his hand], whose ting is that?
Kello. This was wrote by my brother the prisoner.
Q. Look at this bill, whose writing is it? [ be ta it into his hand.]
Kello. The body is my brother's writing, the to it is my writing.
Q. Who was by when you wrote this draught?
Kello. Nobody was by.
Q. What led you to do it?
Kello. I was first instigated to do it by my brother the prisoner.
Kello. About three quarters of a year ago.
Q. Have you any other brother in England besides the prisoner?
Q. What did your brother instigate you to do?
Kello. He mentioned the possibility of forging a draught upon Mr. Partridge!
Q. Was he the first that mentioned it?
Kello. He was; he said it was possible for such a thing to be done as forging, and Mr. Partridge was mentioned as the first person to do it upon.
Q. How came you to be three quarters of a year before you did it?
Kello. There were several difficulties that arose it?
Q. Of what kind?
Kello. We did not at first six upon a person; and, when we fixed upon Mr. Partridg e, then a difficulty was, to get a draught in order to get Mr. Partridge's and.
Q. Did you frequently talk of this together?
Kello. We did.
Q. When was it at last concluded upon?
Kello. It was done on the 28th of August.
Q. Did you write it in your brother's presence?
Kello. No, I did not; I wrote several, and shewed them to him; and he approved of this, he thought almost like Mr. Partridge's hand.
Q. How many might your brother have seen of them?
Kello. He might have seen, at times, four of them, three or four.
Q. What were they drawn for?
Kello. They were all for a thousand pounds; we farmly approved of this, and the others were depoyed.
Q. What time of the day, on the 28th of August, fight your brother and you be together?
Kello. It might be about two o'clock; that was at first time I had seen him that day.
Kello. I think it was in Guildhall.
Q. Had you seen your brother the day before, on Friday?
Kello. I might have seen him on the Friday.
Q. Had you and your brother, before this Saturday, agreed to forge Mr. Partridge's hand for a thousand pounds, upon Amyand and Co?
Kello. Yes, it was agreed upon before that?
Q. When did you write this draught;
Kello. I believe I might write this on the Friday; we had before agreed upon the sum and name, and a person upon whom to draw it.
Q. When did you and your brother agree to fix upon this, and destroy the other three?
Kello. I can't be certain; it might be on the Friday or Saturday.
Q. Was you acquainted with Mr. Partridge personally?
Kello. No, Sir.
Q. Had you seen his hand-writing?
Kello. I had; I took this from a draught of Mr. Partridge's, that I had from out of his counting-house, which I took from off a file there.
Q. How came you to have access there?
Kello. I desired Mr. Cotton to lend me some magazines; he told me they were in Mr. Partridge's counting-house. I desired him to let me go into the counting-house, in order to take the magazine. Being them in the counting-house, I took a draught from Mr. Partridge's file.
Q. Where is that draught?
Kello. That I destroyed, I burnt it.
Q. When was it that you got this from Mr. Partridge's file?
Kello. It might be almost a year ago; I shewed it to my brother immediately, I believe the same day that I took it away.
Q. When did you burn that draught?
Kello. I burnt it, I believe, the Tuesday after it was executed.
Q. Then on the 28th of August, the favourable opportunity being come, did you know Mr. Partridge was to go out of town that day?
Kello. Yes, Mr. Cotton had told me so at dinner. I dined with him that Saturday; it was either the Friday or Saturday.
Q. What agreement was made, when that favourable opportunity presented itself, betwixt you and your brother at Guildhall?
Kello. We agreed then to put it in execution, as I understood that Mr. Partridge was gone out of town.
Q. Whether you was present when your brother wrote the body of this letter to Mr. Cotton?
Kello. Yes, I was; that was wrote on Saturday the 28th, in the afternoon, after we had been at Guildhall.
Q. Where was it wrote?
Kello. It was wrote at the Red Lion alehouse in Moorfields, in an upper room; we were above; it is a public room, but the people were gone; the name and date I wrote at the same time, and I put it up in this case at the Red Lion; it was not sealed there, they had no wax; we went to a Stationer's in Whitechapel, and bought a stick of wax, and borrowed
Q. Do you know the stationer's name?
Kello. I do not.
Q. Do you know his son's name?
Kello. No, I do not.
Q. What did you do with the letter?
Kello. My brother had the letter; he and I went to the Change; he was to send it to Mr. Cotton.
Q. Who wrote the direction?
Kello. My brother did, in my presence; it was directed to Mr. Cotton.
Q. Before you parted, did you see your brother deliver it to a porter?
Kello. No, I did not: I went with him as far as the 'Change, and there he beckoned a porter; then I went away.
[The letter read to this purport:]
Woodford, Aug. 28. 1762.
"Receive the inclosed draught yourself in bank.
"and carry it directly under cover, directed for Mr.
"Rous to be left at the bar of Sam's coffee-house;
"leave the bill with the banker: Should not this
"come to hand time enough this evening, be sure
"carry it early as above on Monday, but don't fail
"this evening, if possible.
Q. What time did you part with your brother?
Kello. May be, it was about 6 o'clock.
Q. How long might you stay before you saw Mr. Cotton?
Kello. I believe I might stay an hour and half before I saw him; I saw him when he came home.
Q. Was you here in court when Mr. Cotton gave his evidence?
Kello. No, I was not.
Q. When he came back the first time, what conversation had you with him?
Kello. No particular conversation; only he said he had brought it back.
Q. Why did he say he had not left it at the coffee-house?
Kello. He said he did not chuse to leave it, without seeing the person that was to come for it.
Q. Did he tell you he had left a note at the bar of Sam's coffee-house?
Kello. I think he said he had left a note for the person to call upon him.
Q. What o'clock was it when Mr. Cotton returned from Sam's coffee-house?
Kello. I can't recollect that.
Q. Did you ask Mr. Cotton, at that time, whether he had left the letter for Mr. Rous?
Kello. No, I did not; he first mentioned it to me: I went out after that to Seymour's coffee-house, by appointment, to meet my brother.
Q. Where is Seymour's coffee-house?
Kello. I think it is in Pope's-head Alley, by the 'Change.
Q. What was the agreement made between you and your brother, when you made that appointment to come to him to Seymour's coffee-house?
Kello. That was in consequence of the 'letter, to tell him what had happened; I went and acquainted him that Mr. Cotton had not left it.
Q. What was the next thing done by you?
Kello. My brother agreed then to hasten Mr. Cotton to the Antigallican coffee house: He wrote a note, and sent it to Mr. Cotton, to desire him to go to the Antigallican coffee-house, and leave it there.
Q. Did you see the note?
Kello. No, I never saw that.
Q. Was it a note, or a verbal message?
Kello. I believe it was a verbal message by a chairman: I know the intention was, to have sent a note; but whether he did, or not, I don't know.
Q. Did you see the chairman come?
Kello. I did not.
Q. When did you go next to Mr. Cotton's?
Kello. I believe I went almost directly from Seymour's coffee-house.
Q. Did you, before you went from the coffee-house, make an appointment where to meet your brother?
Kello. Yes, I was to meet my brother, after Mr. Cotton returned, at the Rose in Cheapside: I went to Mr. Cotton's, and Mr. Cotton did not come back till about twelve at night.
Q. When he came in, what conversation was between you?
Kello. He said he had not left the note, nor did he intend to leave it.
Q. Did you endeavour to prevail upon Mr. Cotton to leave it?
Kello. No, I did not; but Mr. Cotton told me he would write to Mr. Partridge, and he did that night. I went by mistake to Ashley's punch-house, instead of the Rose in Cheapside, while Mr. Cotton was writing the letter, and returned to Mr. Cotton before he had finished it, and went with him to the post-house; I lay with Mr. Cotton that night, and got up about six on the Sunday morning.
Q. What made you get up so early?
Kello. I intended to have gone a fishing?
Q. Did you tell Mr. Cotton that was your intention?
Kello. He knew that was my intention. I went and saw my brother at his lodgings about seven that morning; I told him what had happened the day before.
Kello. Mr. Cotton had proposed, on the Saturday night, to go to Hackney that Sunday morning. I told my brother or that; my brother agreed to write a letter to Mr. Cotton, to acquaint him from Mr. Partridge, that he had received an express; and that Mr. Cotton had not acted agreeable to the direction in the first letter, and desire that he would leave it at Sam's coffee-house, without any farther inquiry.
Mr. Cotton. The direction was, to deliver the letter to the bearer; but the bearer being gone, I carried and left it at Sam's coffee-house.
Kello. It was so; Mr. Cotton was going to Hackney; When I returned from my brother, I set out with him, in order to go with him. He proposed to call at the Sun at London-Wall; we stand there, and drank till 12; my brother and I had agreed to present Mr. Cotton from going to Hackney, and that letter was delivered at Aldermanbury by 10; so I left him at London Wall, and made an excuse to go for my handkerchief, and let the porter know he was still at London Wall; who carried the letter to him. Mr. Cotton came to Mr. Partridge's about one, and told me he had received another letter, and; in consequence of it, had carried the letter, with the bank-note in it, to the coffee-house; and he shewed me the letter he had received, which I took care to destroy. The body of that letter was my brother's writing, but the name to it was my writing. I staid and dined with Mr. Cotton. Then I went and acquainted my brother about three or four o'clock, that the note was left at the coffee-house. I met him in Moorfields by agreement, then he and I went together. I staid in the alley while he went in, and got the parcel that was left; then we went together into the fields by Sadler's Wells; there he opened it, it contained a bank-note for 1000 l. I don't know the number of the note, but I saw it; my brother kept the note. Then I agreed to meet him at his lodgings at Bloomsbury about six, which I did accordingly; then we talked about different methods of exchanging it, but came to no conclusion that evening: I lay with him that night; my brother proposed to go to Bristol, in order to get it exchanged, but he had no cash; and I borrowed 10 guineas for him of a cousin of mine, named Lawford; my brother had applied to Mr. Dussell to borrow about that sum that same morning, but could not get it. I lay with my brother at the inn in Piccadilly, I don't know the sign. He set out in a post-chaise on the Tuesday morning for Bristol. The next time I saw him was before Sir John Fielding .
Q. from Prisoner. You say I received money of you a year and a half?
Prisoner. So then I was a prisoner of yours?
Whether about three months ago I did not give you 34 guineas in a purse, to pay debts of your own, and some of mine? I neither did, or did not: If I did not, say I did not.
Kello. Yes, I did receive some money in a purse of you, I really do not know how much.
Q. Whereabouts might the sum be?
Kello. It might be about 30 guineas.
Q. What was that money for?
Kello. I paid my taylor what I owed him.
Q. How do you reconcile this with having supported him?
Kello. I paid part of my brother's debts; I paid a hatter and a shoemaker.
Q. How much was your own debts, and how much his?
Kello. I paid 13 l. of my own: It was to pay both our debts, for I took his debts upon me.
Q. How much of his debts had you taken upon yourself?
Kello. His taylor's bill was 10 guineas.
Prisoner. How is it possible. I was supported by him? How I came by it, is not the question at present; if any body can prove I did not come honestly by it, let them prove it: He may have lent me a guinea or two, and I the same to him; if he can give an account of any thing to balance this, then I'll stand his debtor; it is impossible for me to say any thing more upon it, from the nature of the thing: what he charges, is falsely concerted and villainous.
Joseph Partridge . I am clerk to Mr. Baker, the receiver-general of the county of Somerset. Between 9 and 10 o'clock on Friday, the third of this instant, Mr. Culverwell, the landlord of the King's Head at Bridgewater, brought this bank-bill here produced, and asked me if I thought I could get cash for it, with a few bank-notes. I told out the money, by Mr. Baker's order, to Mr. Culverwell, who examined it; there were 888 guineas and 2 s. I told him he must pay 5 s. per hundred for the exchange of it; which he did; and he had three notes; one, No C 3388, payable to James Shipton on, dated 11th of August 1762, for 30 l. Number 8629 at the bottom; another, No C 1470, payable to Catherine Shalley , dated 3d of July 1762; value 25 l. with 8630 at the bottom; the next, a bank-note, No C 354, payable to Joseph Decoster , dated 25th of Sept. 1761, value 10 l; in all, 997 l. 10 s. The prisoner at the bar was there he appeared as the owner of the bank-note, and I delivered the money and notes to him. The landlord came, and desired I would exchange it for a gentleman at his house; so I went and delivered it to the prisoner: I asked his name; he said, John Hyndman . I desired him to spell his surname; which he did: This I asked him, in order to set it down in my book.
Phabe Lankford. I have known the prisoner some time; he left a large bag in my custody; he said it
Q. Could it be opened without breaking the seal?
P. Lanksord. That I do not know, I did not try; I carried it up, and laid it in a window; and, when I went to bed, I locked it in a little trunk.
Q. Do you remember any-body coming and takeing it away?
P. Lanksord. I do; it was the constable, and justice Fielding's clerk. The prisoner had left some papers the Sunday before he left the bag; he told me they were foreign bills, and bid me take care of them, and said they were of no use to any-body but himself; these papers I sent by a porter that came for them, I do not know who he came from.
William Neate . Last Monday was se'nnight Sir John Fielding 's clerk and a porter came to my house with a warrant (I am a constable); they desired I would go and execute it. I went accordingly to Westminster, I think the place is called Woodstreet; it was the house where this last evidence lives; we suspected him to be there: We searched the house, and found this money in a trunk, in a canvas bag, sealed up; the seal was pretty much broke, but the impression not intirely out; the contents were 867 guineas, to the best of my remembrance. I apprehended the prisoner, and searched him at Sir John Fielding 's; I found three notes in his pocket [ he produced three notes], I am sure these are the same; they were sealed up at Sir John Fielding 's, and have been under my seal ever since [They appeared to be the identical notes that Mr. Joseph Partridge gave him in exchange at Bridgewater, one for 30 l. another 25 l. and the other 10 l.]
John Eleaden . I think the prisoner is the person that came to the Antigallican coffee-house about the 28th of August, about 10 in the evening; he called for six pennyworth of rum and water, and pen, ink, and paper, and asked if I would go of a message for him into Aldermanbury? he did not name any particular house. We had much company in the house, that I could not. Then he asked me if I could get him a coachman. I said I could not; I could get him a chairman or porter. He said it did not signify; he went out, and returned in about four or five minutes. He told me his name was Rous; he paid for his rum and water, and left six-pence for the messenger; and said, if any-body inquired for him, or if any letter or parcel should come, he should be back presently. After that, Joseph Cotton came, and inquired for Mr. Rous. I told him such a person had been there, and would return again presently. Mr. Cotton staid an hour and half, and then wrote a note, purporting he would deliver the note at Hackney for Mr. Rous.
Q. Did the man that called himself Mr. Rous come again?
Bleaden. No, he did not.
Q. from Prisoner. I wrote a note, did I?
Bleaden. To the best of my remembrance, you are the person.
Q. from Prisoner. Whether the person that was there did write a note, or not?
Bleaden. Yes, and I believe he sent it.
Joseph Swafield . I am a stationer in Whitechapel. I remember two persons coming to buy a stick of sealing-wax, between five and six one evening, better than a fortnight ago. When they had the wax, they asked for a candle. Then I lent them my seal; they sealed a letter in my shop, and sealed it with my seal [producing a seal with a coat of arms on it.] This is the seal. [The letter and seal compared, the seal exactly fitted the impression.]
Q. Can you recollect whether either of them was the prisoner or his brother?
Swafield. No, I cannot.
Andrew Brown . I live at the Crown coffee-house, Peter-street, Bloomsbury. A fortnight ago last Sunday I saw the prisoner and his brother together at our house; the prisoner lodged there; and his brother came in about seven in the morning, and they went up stairs together.
Thomas Diffell . I live at the Crown coffee-house, Bloomsbury. The prisoner lodged at my house; he left me last Monday was fortnight in the morning; he and his brother Joseph both went from my house together that morning about seven o'clock; that morning the prisoner applied to me to discount him a note of ten or fifteen pounds on his brother for six days, but I gave him my reason why I did not do it.
It was impossible for me to prepare properly against this trial; and I find now, from the nature of the evidence, it is impossible for me to say any thing in regard to what my brother has said: You will observe, he has charged me with being necessitous, in applying to him for money; that I have made appear improbable, if not false; he may have carried on this scheme he charges me with, in order to save himself; those gentlemen are the best judges how I have lived this year and a half, where I lived that time; if you please to ask Mr. Duffell, he can inform the court.
Q. to Duffell. How long has the prisoner lodged with you?
Duffell. He came to me last February was twelve months; he lived a regular course of life; he kept tolerable good hours; he seldom exceeded 12 o'clock, and was an extreme sober man.
Guilty , Death .
George Warren , was indicted for stealing two wooden casks, commonly called butts, with iron hoops thereunto. value 10 s. the property of Sarah Hucks and Arthur Clark , for receiving the same, well knowing the same to have been stolen , March 1 .~
James Hester . I am a soldier now, and am by trade a cooper. Warren and I have been acquainted ever since last Christmas; he and I took two casks that stood at the Boar and Castle door in Oxford-road , and rolled them to a little bye-alley; this was about January or February last, about ten at night, then I was going to Mr. Clark's house with them; I told him I had a couple of butts; he opened the gates and took the butts in, and sold them to him for sixteen shillings; he gave me half a guinea then, and the next day he gave me the remainder: They were very good butts, worth 16 s. each; they were the property of Mrs. Hucks: I know them by the mark.
James Besely . I am cooper to Mrs. Hucks; I found some staves belonging to casks, and two pieces of heading at the house of the prisoner Clark, my mistress's property [Produced in court with the marks on them]; we never sell any butts, it is not usual with brewers so to do; the coopers all know, it is a general custom throughout the trade, that when they come to be rendered unserviceable, they are knocked down and made up into small vessels.
Mr. Cox. I was before Justice Fielding, and heard Mr. Clark say, he had frequently bought casks of Hester.
I never had any correspondence with Hester in my life; I once catched him in Drury-lane meddling with casks, and desired him to let them alone.
He called Mr. Robinson, who had known him two years; and Mary Hill, about four, who said they knew no ill by him.
I was destitute of a cooper, Hester came and offered himself to me; I employed him about three weeks or a month; but he not behaving as he should do, I discharged him; after that he came to me, which was about the beginning of January, and said, a person that he worked with, named John Wicks , had a parcel of old barrels, and wanted to sell them; he said he had bought a parcel of old staves, and had made them up into barrels; I never saw the man before; I said, if he came honestly by them, I would give him a market price for them; accordingly he brought them; I gave him eight shillings a piece for them, which at that time was more than the real value considerably; as to buying butts, the property of madam Hucks, to the best of my knowledge I never did; I never saw any thing of her property in my yard: Hester came to me some time after, and said, Mr. Clark, I have got a couple of butts; I said, where did you get them? he said he had them of Mr. Frime; he brought them about three in the afternoon; there were no sort of marks upon them at all; several of the chines were broke, and the hoops almost eaten up with rust; he asked a guinea for them; I gave him sixteen shillings; they lay open in the yard without any mark upon them a good while; then I ordered my cooper to get them sweet if he could; he took some staves out and put others in, and sweetened them; then we used them. This thing against me seems to be a contrivance amongst this honourable company of brewers; I advertized to sell porter at twenty-four shillings a barrel, which at that time I could afford to do: They seem to want to hurt me as much as lies in their power; I hope my character will stand as fair as any man's, be he who he will, and I desire to stand or fall by my character. These are a set of men that would even devour me! When I heard what had happened, I went to Mr. Fielding's, and asked Mr. Brogden, if there was a warrant against me? he said, no. I sent for the constable to know if there was any, conscious to myself of my innocency; the constable sent word for me to come about ten o'clock; I went to Mr. Fielding's; there I saw the company; I was hurried from thence to Newgate: my case is extremely hard, considering the credit I now live in. No person can touch my character.
For Mr. Clark.
Q. Do you know Hester?
Collin. I do.
Q. Did you ever see him bring butts to your master?
Collins. I have known him bring divers butts; I work from six in the morning to six at night; I have heard Mr. Clark deal with him for these butts, when other people have been by, may be twenty of his customers.
Q. Did he use to take him by himself?
Collins. No, never; he bought them openly, and paid a full price for them; I know all the branches of the trade. Mr. Clark has said to Hester, did you buy these honestly? Hester would say, Sir, I hope you will not deny my character. He has asked 12 s. 13 s. 14 s. for them; Mr. Clark has offered him so
Q. How often have you heard Mr. Clark speak to Hester in that cautious way, in asking him if the goods were his own, and honestly come by?
Collins. Mr. Clark never objected to it but the first time.
Q. What were they, vessels or butts?
Collins. I can't positively recollect that.
Q. How long is this ago?
Collins. It may be three or four months ago. There were people by at all times.
Q. Where did your master put them?
Collins. He put them in the open yard, days after days, and weeks after weeks publickly; some might stand there three days, some a week; more or less.
Q. How many did you see brought in at a time?
Collins. I never saw any brought in; I have seen them on the next day, the same as you or any other gentleman might.
Q. How do you know they were brought then?
Collins. I know the casks were not there the day before; the yard is not so large, but what I could see.
Q. Is it an unusual thing for a brewer to buy a cask?
Collins. No, it is not unusual.
Q. Whereabouts would be the price of a butt, if brought to you?
Collins. When he brought a cask, it was according to the goodness of it he set his price. Mr. Clark strove to buy as cheap as he could, and he strove to sell as dear as he could.
Q. Did you ever know him buy a cask half a crown or three shillings less than the real value.
Q. Had there been any quarrel between Mr. Clark and Hester?
Collins. Yes, there was; Hester was never Mr. Clark's servant since this transaction.
Q. Have you lived with Mr. Clark since the 24 th of September last?
Collins. I have; I once lived with Mr. Taylor adjacent to King-street; I served my time to a cooper, and I know the affairs of brewers in all respects.
Q. How long have you known Hester?
Collins. I have known him three years.
Q. Is he a common soldier?
Collins. I thought him a common soldier; I never knew he was a soldier no farther than his garb, in wearing soldier's clothes.
Q. How long has he been a soldier?
Collins. I don't know that he is a soldier at all.
Q. How long has he wore soldier's clothes?
Collins. Ever since I knew him.
Q. Has Mr. Clark often dealt with his soldier?
Collins. Yes, he has to my certain knowledge; Hester would get as much as he could, and Mr. Clark would buy as cheap as he could.
Q. Tell the highest price Hester has asked, and lowest Mr. Clark has offered?
Collins. Mr. Hester has asked twelve shillings for a butt, and Mr. Clark has called me and said, cooper, look at these butts; I have knocked the hoops off. You cannot tell what a butt is, if you look ever so well, till they are examined under the hoop; then I have said, this is worth so much, and this so much.
Q. How much less than you have told Mr. Clark a butt was worth, have you known him offer for it?
Collins. I cannot tell.
Q. What is the price of a new butt?
Collins. A new butt is worth at this time about 30 shillings.
Q. Did you ever know Hester to bring a new butt?
Collins. No; I never saw a new butt upon the premises.
Q. How much may a butt be worth after it has been used half a year?
Collins. It may be damaged as much in half a year, as others in three years.
Q. What is a butt worth made of such staves as these produced here?
Collins. [He takes one in his hand]. I look upon it it would not be worth a crown without the hoops, and about 8 s. 6 d. with them.
Q. Have you known Mr. Clark to buy butts pretty nearly new?
Collins. No, I never did.
Q. Had they been greatly damaged?
Collins. No, some had not; I never saw any but what had been used six, eight, or twelve months.
Q. Did you ever see any that your master bought of Hester, that was worth a guinea?
Collins. Let me see - I must recollect - That requires time to think on. I'll recollect, because I know very well what Mr. Clark bought. I never knew one worth a guinea.
Q. Did you ever know him give above twelve shillings for a butt?
Collins. I have known him give half a guinea and twelve shillings; I can't say, but he might give twenty for some, but I have not been an eye witness.
Q. Did you never see marks on them?
Collins. No never, only upon these staves here [There were produced in court staves, some marked with the mark of Mason, some Gyfford's, and others]. I have said to Mr. Clark, May be this man may have got these things so and so.
Q. What do you mean by so and so?
Collins. I mean not honestly; he has demonstrated where he got them. Truth is like the sun; it displays itself in open day-light.
Counsel. Your candle is lighted up, and we shall have it burn gloriously - You talk well - What made you think Hester had not come by the casks-honestly
Collins. I have no circumstantial reason.
Counsel. Sure you can give some reason?
Collins. Because other people had spoke of it, that
Q. Did you never see any with a brand mark brought in?
Collins. I never examined them; I have seen casks brought in by day-light by Hester, and Mr. Clark has agreed with him for them.
Q. Is there not always the brewer's mark on brewer's casks?
Collins. Yes; but I never saw any brewer's mark upon any cask he brought.
Q. Was there any thing to shew that a name was cut out on any cask that Hester brought?
Collins. Yes; I have seen some that the marks were cut out.
Q. Did not that lead you to some suspicion?
Collins. No; I never asked him any questions farther than the first time.
Q. How often have you seen casks brought in by Hester with the marks cut out?
Collins. I can't say; I have seen such more than once.
Q. At what time of the day or night were they brought in?
Collins. In the day time.
Q. How long ago?
Collins. It may be two or three months ago.
Q. Upon your oath, did you never see marks cut out after they were brought in?
Collins. Yes, I have; I have cut marks out.
Q. By whose order?
Collins. By Mr. Clark's order.
Q. Upon your oath, did you never see marks cut out after they were brought in by Hester?
Collins. I do not remember any; there might, but not to my knowledge.
Counsel. I'll pay you the compliment, of saying you have been a most excellent witness for your master.
He called Mr. Webster and Mr. Groves, who had known him 7 or 8 years; Mr. Bruce, 10 or 11; Mr. Grimes, 8 or 10; Mr. Kitchiner, 6; Mr. Barrel and Mr. Vaughan, 2; Mr. Bass, 3; Mr. Green, 4; Mr. Toping, Mr. Glover, and Mr. Mills, ever since was a brewer, who all gave him the character of a honest man.
Both acquitted .
269. (M.) John Wicks , and Robert Everitt , he indicted for stealing one wooden cask, with iron hoops, called a butt, value 5 s. the property of Mess. Stafford and Co. and Arthur Clark , a second time receiving the same, knowing them to have been stolen , .
Everitt Guilty B .
The other 2 acquitted .
(M.) Robert Everitt , was a second time indicted, for that he, in company with David Cooper , not taken, did steal two wooden casks with iron hoops, commonly called butts, value 10 s. the property of Henry Mason , William Mason , and William Lake , and Arthur Clark , a third time for receiving the same, well knowing the same to have been stolen , June 1 .
James Hester . The prisoner Everitt, David Cooper and I observed 2 butts in Charles-street, St. James's-square; I went and told the prisoner Clark, I had two butts for him, and borrowed his dray with one horse, and we went and brought them; and coming along we met with one of Sir William Calvert 's butts, we took that also; the two other belonged to Mess. Mason and Co.
Q. When was this?
Hester. This was about three or four months ago, about ten at night; we went and tumbled them down in Mr. Clark's yard; he had left his gate without the padlock; I had had a shilling or two in part of Mr. Clark, before we went to fetch them, and he paid me the rest the next morning: We had 27 s for them; they were as good as new: He bid me go and take out the marks; which I did, and took a mop and daubed the places over, and he took his marking-iron, and put his own mark upon them: We were all three there, and had nine shillings a piece; Nicholas Hacket , Mr. Clark's stoaker, has seen me take marks out; and Collins has likewise taken marks out of butts that I have sold him.
Mr. Pierce. I live at the Robin-hood, in Charles-Street, St. James's-square. Mess. Mason and Co. are my brewers; when casks are empty, I put them out into the stable-yard, because we want room in the cellar.
Thomas Earle . I am cooper to Mess. Mason and Co. I was at Mr. Clark's, in order to search, and found some butt staves with our mark upon them [produced in court]; I found some staves, where it plainly appeared the marks had been cut out; I also saw whole butts with the marks cut out: On his cross examination, he said, he had known brewer's butts sold by auction, when a person had left off trade; but then it was not usual to cut the old marks out; that he never knew his masters to sell casks; that he remembered two being missing at the Robin-hood, in Charles-street, and that they had Mr. Mason's mark on them.
I never went with a dray in my life.
I deny the whole: I never lent my dray to Hester in my life; and as to these butts I know nothing
Mr. Cox. I am a brewer: It never is the way in the trade when butts are bought at a sale, to take out the old marks; we put new marks on, and let the old ones abide.
Mr. Gyfford said the same.
Q. to Mr. Cox. Was you at Mr. Cousemaker's sale?
Mr. Cox. I was.
Q. Do you know whether the prisoner Clark bought any butts there?
Mr. Cox. I do not.
Q. Did you see him there?
Mr. Cox. One day when I was there, I saw him walk through the yard; I don't know that he came on any particular business.
For the Prisoner.
Q. What marks were upon them?
Hacket. I do not know.
Q. Did you see any marks taken out of them?
Hacket. I can't say any of the marks were cut out of them.
Q. Have you seen Everitt and Mr. Clark together?
Hacket. I cannot give an answer to that; I don't know whether I have or not.
Q. How many butts have you taken marks out of?
Hacket. I took none out.
Q. Did you see Hester take any out?
Hacket. Yes, I saw him; it was before he was discharged from Mr. Clark's service.
Q. Have you seen Hester bring casks into Mr. Clark's yard?
Hacket. I have; he did one morning about five o'clock.
Q. Do you remember Mr. Clark letting him have his dray?
Hacket. No; I do not remember that.
Q. When did Hester live servant with Mr. Clark?
Hacket. About four months ago, or better.
Q. Was you servant to Mr. Clark all the time Hester was?
Hacket. I was.
Q. How often did you see Hester take out marks?
Hacket. Never but once.
Q. Upon your oath, was that before or after he left your master's service?
Hacket. That was after, I believe.
Everitt, Guilty , B .
Clark, Guilty , T. 14 .
298. Mark Magenings , was indicted, for that he, together with William Williams and David Cooper , not taken, did steal two wooden casks, commonly called butts, with iron hoops thereto, value 10 s. the property of Joseph Gyfford and Co. and Arthur Clark , a fourth time, for receiving the same, well knowing them to have been stolen .
No Evidence produced.
Both acquitted .
Sarah Metyard and Sarah Morgan Metyard , capitally convicted in July sessions, were executed on Monday the 19th of July; and John Plackett , convicted the same sessions, was executed on Wednesday the 28th of July, on the New Road in Islington-fields, near the place where he did the robbery; and his body hanged in chains on Finchley Common.
The trials being ended, the court proceeded to give judgment as follows:
Transportation for seven years, 19; viz. Hugh John Young , Rebecca Tisdale , Ann Johnson , Stephen Latimore , Daniel Crawley , Ann Hassel , Mary Cockran , Elizabeth Adams , Mary Arrowsmith , William Gyles ; William Watts , Mariah Welch , Francis Benson , Agnes Brooks , Mary Robertson , Ann Fenwick , Margaret Learey , Robert Black , and Mary Thompson , otherwise Brown.
Sarah Metyard and Sarah Morgan Metyard , capitally convicted in July sessions, were executed on Monday the 19th of July; and John Plackett , convicted the same sessions, was executed on Wednesday the 28th of July, on the New Road in Islington-fields, near the place where he did the robbery; and his body hanged in chains on Finchley Common.
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