NUMBER VIII. 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; Lord Mansfield*, Lord Chief Justice of the Court of King's Bench; Sir Edward Clive +, Knt. one of the Judges of the Court of Common Pleas; 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.
277. Hans Eeg was indicted for stealing a bond, value 336 l. 15 s. two lottery tickets, one silver stay-hook, one pair of silver studs, two pair of silver buckles, one silver seal, one breast buckle, one silver watch, and 125 guineas , the property of Dorothy Bates .
To which he pleaded Guilty . B .
To which he pleaded Guilty . B .
To which he pleaded Guilty . T .
280. 281. (M.) Honour Dempsey and Sarah Walker , spinsters , were indicted for stealing one silver watch, value 3 l. one pair of silver shoe buckles, value 5 s. and one pair of silver sleeve buttons, value 5 s. the property of Francis Ferdinand , privately from his person , Sept. 23 .~.
Francis Ferdinand . I am a Portuguese seaman. About five weeks ago, at about seven at night, I and two of my messmates were together in the back lane, Ragfair . It rained hard. The two prisoners at the
Q. Was this with your consent?
Ferdinand. It was. I took them out and delivered them to her to take care of them for me while I slept. I waked in the middle of the night, and found no girl, no watch, no buckles, no nothing at all. The door was shut and locked when I went to sleep; Dempsey locked it. I broke the door because it was locked. I made a noise, and Dempsey came with the key. I asked for the girl, and said I had lost my watch and things. After that, I went to sleep again, as I could get no candle. The mistress told me, she knew nothing of the girl.
Q. What became of your messmates?
Ferdinand. They went away after I was in bed. I never found my things since.
Q. from Walker. How came you to take another girl in your bed directly after I was gone?
Ferdinand. I did not know where to go.
John Crocket . I was with the prosecutor when the two prisoners called us in. I cannot tell the day; I believe it is about five weeks ago. We went in, and sent for some beer. Walker told the prosecutor he had better stay in the house along with her all night. He went to-bed with her; I saw them in bed together. I saw her have his buckles, and put them under his pillow, and put the watch and buttons, which he took out of his sleeves, in a paper bag at the head of the bed. I shook hands with him after he was in bed, and bid him a good night, and went away. When I went away I left Dempsey sitting on the bed-side by them. The next morning I went to the same house to him, and found he had lost the things mentioned.
Q. Did you see the prisoner Walker?
Crocket. No; she was then in Newgate: she had a husband or a man that she kept there, and was gone to him.
Q. Did he give the watch and things to Walker, or how did she come by them?
Crocket. He delivered them to her, for her to take care of them for him.
Philip Rathbourn . I am a constable. I had a warrant from Justice Berry to take up the prisoners for stealing the things mentioned to in the indictment. I went to Dempsey's house, and asked for Walker. Dempsey said she did not know. I carried Dempsey to Justice Berry; he ordered me to lock her up in the watch house: this was the Saturday, the day after this thing happened. Then I went after Walker; there came a man to me, and told me, she was gone to Newgate. I went and found her there: she swore a great oath, and said, I thought what it was for when the turnkey called me down. She asked where the man was. I then had only said I had a warrant against her; I had not said what it was for: after this, I said it was for taking a man's watch and buckles. I said, if you will tell where the things are you shall not be hurt. She said, if I would carry her to Honour Dempsey she would tell me where the things were, for she was concerned in taking them, as well as she was. I carried her to Justice Berry: they both would not tell where the things were; so he committed one to New Prison, and the other to Newgate.
I know nothing at all of the things: I brought a pot of beer to them, and left them both in bed together. I went and lay at one Allen's house, in the neighbourhood, that night.
Timothy Shave . I live near Ragfair. I have known Dempsey about twelve months: she keeps a bit of a room ready furnished, which she hires. I never heard any thing bad of her character concerning thieving.
Q. How long did she live servant with you?
Linser. I cannot justly tell.
Q. Was it half a year?
Q. Was it two months?
Q. Was it six weeks?
Q. Was it a week?
Linser. I cannot say: I know it was some days.
Q. Was it more than two days?
Linser. It was two or three days: during that time she behaved very well.
Walker's Defence.Honour Dempsey ; I could not find her; I had left my stockings, pocket, and apron, on the bed; I went up; he was fast asleep; I jogg'd him, but could not awake him; then I went down, and to another house, where I slept all night. I had not seen the young man in Newgate for fifteen weeks, so I went to see him. The constable came and tapped me on the shoulder, and said he had a warrant for me. After that, he came to me in New Prison, and offered me a guinea in my hand to tell him where the things were: but I know no more of them than my lord and the gentlemen of the jury to this moment.
Dempsey Acquitted .
Walker Guilty of stealing, but not privately from his person . T .
282, 283, 284, 285. (M.) William King , John Collins , William Collins , and Gilbert Lee , were indicted for burglariously breaking and entering the dwelling-house of Peter Eagan , with intent the goods of the said Peter to steal , &c. Jan. 22 . *
Benjamin How. On the 22d of January, between the hours of twelve and one at night, I saw the four prisoners standing at Mr. Eagan's door on Tower-hill , pushing with something over the door. I heard some glass rattle withinside. I said, Gentlemen, what are you at? They went across the way. I seeing a pane of glass and the frame broke, called Mr. Eagan, who was in bed. He came down, and Mr. Smith came and said the four men were just by. We went and took them all, having other assistance.
As there was no entering proved, they were all four Acquitted .
286. (M.) Ann, wife of John Dennison , was indicted for stealing one cotton gown, value 5 s. three pair of stockings, value 3 s. one pair of linen sleeves, value 6 d. one pair of ruffles, value 6 d. one yard of cotton; six other pieces of cotton, and five linen caps , the property of Sarah Rapley , spinster , Oct. 1 .*
Sarah Rapley. I had locked the things mentioned in the indictment up in a chest in my lodging. The prisoner came there when I was out. When I came for my things they were gone. I charged her with taking them; she owned she had taken and pawned them.
Q. What do you value them at?
Rapley. I value them all at six-pence.
Guilty . W .
287. (M.) Elizabeth Matthews , spinster , was indicted for stealing one linen purse, value 1 d. one half guinea, and two shillings and two-pence halfpenny, in money numbered, the property of Francis Baldrey , privately from his person , Oct. 9 . +
Francis Baldrey . I was coming home from my daily labour, from Cock-lane to St. George's in the East. I met with the prisoner at the bar; she asked me if I knew one John Yates , a bricklayer. I said yes. I asked her, if she would drink. She asked me to go home and lie with her all night. I said I could go for an hour. I went; we could not agree. I had the money mentioned in the indictment in my pocket; I soon missed it, and directly charged her with taking it. She wanted to go down stairs. I clapt my back against the door, and would not let her. After that she throw'd the purse to me, with two shillings and two-pence and two farthings in it, but I never had the half-guinea again. There was nobody in the room but us two. I was not criminal with her.
I was going through Catherine-wheel alley, White-chapel . Seeing the prosecutor was a bricklayer's labourer , I asked him if he knew John Yates . Then he said, if I would go with him to a house he would treat me with a bottle of ale. We had a bottle, which came to six-pence. He said, he was a married man, and was afraid of getting a bad distemper. He offered me six-pence. I said, I would not take less than a shilling. Then he offered me six-pence half-penny. He wanted to use me very ill: I would not agree to it. He said, You impudent b - h, if you will not, I will swear a robbery against you;
Samuel Caplestone . I am a shoemaker ; I lost two pairs of shoes out of my shop on the 8th of October I thought the prisoner must be the person that took them. I went to enquire at the pawnbroker's, and found them.
Guilty . T .
Thomas Bowen . I keep a tavern, and sell coffee , the One Tun, going to Chelsea . On Sunday the 19th of September, about two o'clock, the prisoner came into my garden, and after he had had some tea, he called for a pipe, and walked about the garden. The last time I had served him with water to put in the tea-pot, I saw my two spoons lying then on the board by him: there was nobody in the garden at the time but him. My servant came in and said the two silver spoons were gone: I went out, and found he was gone also, and had not paid for his tea. A week and a day after this, my servant told me, the man was coming then from towards Buckingham gate. I watched him, and saw him go up towards Pimlico, to another house. I went and took him, and brought him to my house. He said, he had left eight-pence on the board for his tea when he went away. I took him before the justice: he said but little there; but he did not own it.
Peter Swan . I was sent for to take the prisoner in charge at the prosecutor's house. The prisoner asked me what I thought the spoons might be worth? I said, I believed about six shillings. Upon which he tendered down six shillings for them, and at the same time paid 18 d. for the tea he had had; and the prosecutor gave him change out of it.
After I had had the tea I rang the bell; nobody came; I left the money for the tea, and went away I know nothing of the spoons. Nobody can swear they saw me take them, or that I pawned or sold them.
Guilty . T .
James Planch . On the 29th of August I was going to deliver a silver watch to Mr. Charles Hart . I am a watchmaker . Prince Henry's coach was just coming in at the palace, St. James's ; I was standing with others to see it. I found myself greatly pushed upon I put my hand down, and found Mr. Hart's watch gone: I said, I had lost a watch; a person laid hold of the prisoner, and said, here is a person that he got your watch. We searched him, but did not find it. I remember seeing the prisoner there, but did not observe him till I had lost the watch.
Samuel James . I was in the palace-court at the time. We were talking about Lutwicke that was taken some time ago, who broke out of prison. A person said, here are many of the family-men here, they do not seem to do any business. I said I would observe them. Just as the prince's coach came, I saw them hustle Mr. Planch up against a place, and saw Turner's hand under Mr. Planch's waistcoat; after which I said to him, have you lost any thing? He said, Yes, I have lost my watch. The prisoner was then making off; we took him and Turner, and searched them, but found nothing upon them.
Q. Where is Turner?
James. He is bail'd out. I observed the prisoner at the right-hand of Planch, and Turner at his left.
Q. How near was you to them?
James. I was within two yards of them, and nobody between us. They were on the outside.
Q. Did you see any thing in the prisoner's or Turner's hands?
James. No; I did not. I observed they endeavoured to slip away. This was all done in a minute's time.
Q. to Planch. Look at this watch. [He takes it in his hand.]
Planch. This is the watch I was robbed of; it is Mr. Hart's property.
Q. Can you say who put that watch into your pocket?
Macloclane. No; I cannot.
Q. Did you say any thing about it to any body in the palace yard?
Macloclane. No; I did not, only to my wife.
Q. Why did you not?
Macloclane. Because I was a stranger, and was affrighted, and did not know but I might be used ill by the people.
Q. Do you know the nature of an oath?
Cheek. I do.
Q. What will be the consequence if you should tell a lie upon oath?
Cheek. I shall go to hell if I take a false oath. I saw the other man that was taken, that is not here, shuffling about Mr. Planch's pocket. After which I saw him with a watch in his hand, trying to shift it to the prisoner.
Q. Did you see a watch in the prisoner's possession?
Cheek. No; I did not. There were people between them. Whether he gave it him or not I do not know.
I know nothing at all of it. There were thirty or forty people all pushed in together. I was on the inside under the arch. I have some people here to my character.
For the Prisoner.
293, 294. (L) John Dixon was indicted for stealing seven linen shirts, value 5 s. one handkerchief, value 6 d. and a pair of leather breeches, value 10 s. the property of Malcom Hamilton ; and Elizabeth Barber for receiving the same, well knowing them to have been stolen , Sept. 1 .~
Malcom Hamilton . I live in Aldermanbury . On the 1st of September I had some shirts tied up in a handkerchief, and on the 2d, my servant going up stairs, came down again, and said a quantity of my linen was gone. I recollected that the day before in the afternoon, between three and four o'clock, I saw a man come out of my house, as I was standing over the way, discoursing with a neighbour about some business, and the man's foot took the step of the door, and he tumbled into the street. I did not know him at that time; he had a bundle in his hand tied up with one of my handkerchiefs, a very remarkable one; I immediately knew that: it was a white handkerchief, with a single stripe of crimson wove in it; it was a French handkerchief: I imagined it had been somebody that the washerwoman had sent for the linen. He went away with the bundle. The next day, or day after, I advertised the things. There were seven shirts, that handkerchief, and a pair of leather breeches missing. By virtue of the advertisement, a person came and informed me of having seen such a man as I saw with the bundle, go into the prisoner Barber's house with such a bundle. I got a search warrant, and found five of my shirts. The officer went with me. I found four of them at the house of one Parker, and one at the house of one Wells, and the officer took Barber to the Counter. About a week after the prisoner Dixon was taken [The shirts produced in court, and deposed to, marked M. H.]
Q. Where does Barber live?
Hamilton. In the Minories.
Q. What did she deal in?
Hamilton. It appeared to me that she dealt in old cloaths and handkerchiefs.
Q. Who gave you information?
Jane Munrow did. She said, she had seen the man come often to Barber's with bundles.
Jane Munrow . I live next door to Mrs. Barber. I saw Dixon bring some linen in a handkerchief, such as described, about ten o'clock in the forenoon, on the 2d of September. There was a sleeve standing up in the parcel.
Q. What sort of a shop does Barber keep?
J. Munrow. She keeps an old cloaths shop. He went into the shop, and I saw them go backwards to a little parlour, and the window curtains to the parlour were drawn. I saw the prisoner go out again without the bundle, and Mrs. Barber come to the door. He came again on the 3d. with another bundle: I saw them but slightly. He went out without them.
Q. Was you near enough to know what passed between them?
J. Munrow. No; I was not. I saw him again on Saturday the 4th. He carried away the handkerchief, with one of the shirts in it; and Mrs. Barber was gone out to a house near; she was called back again. The handkerchief was not 'tied; the shirt lay loose in it, and he held it by the corners. Her daughter that forenoon had seen the advertisement. I went to her for the paper; she took it up, and followed me out, and said, What a sad thing this is for my mamma to buy these things this gentleman's linen, part of it is in the house now. She said, some of it was carried to Mr. Parker's, and some to Mr. Wells's.
Q. What are Parker and Wells?
J. Munrow. Parker is a butcher, and lives going into the Minories, by Rosemary-lane. Wells is a butcher, and his wife deals in the millinery way. I went and gave the gentleman information of what I had seen.
John Parker . I am a butcher; I live near Little Tower Hill. My wife bought four shirts of the prisoner Barber, but I was not at home at the time. When they came with the search-warrant, they said they were informed my wife had bought four shirts very lately. I said, she had of Mrs. Barber. I delivered them to Mr. Hamilton. Then we all went up to Mrs. Barber's. They asked her, if she did not sell my wife some shirts? She said, yes, she sold her four. Mr. Hamilton said to her, You bought more than four of the man that brought them. She made use of some bitter oath, and said, she bought but four of him, and that the man looked like a gentleman's servant; that he said, his master was a captain in the army, and was killed in battle, and he had got his shirts to sell. Mr. Hamilton said, he had a strong suspicion some of the shirts were disposed of to some other butcher in the neighbourhood. She was taken up. Then we went to Mr. Wells's: I asked the girl if her mistress was at home? she said, no, I said, I am come to ask about some shirts your mistress bought of Mrs. Barber. The maid said, she bought but one of her. I went in the evening; then Mrs. Wells fetched down the shirt. She is here in court After this, I having had Dixon described to me, stopt him as he was coming by my door. He seemed to loiter, and had nothing to do. I tapt him on the shoulder, and said, I should be glad to ask him a question. I got him to sit down and eat a bit of beef, and sent my man up to tell Jane Munrow I believed I had the man in my house that brought; the things to Barber. She came: I asked her, if she knew that man? She said, yes, that is the man that had Mr. Hamilton's shirts. Then I sent for a constable, and took him up. He had a woman with him, whom he said was his wife.
Q. What did your wife give for the four shirts?
Parker. She gave 26 s. for them.
Q. to Mr. Hamilton. What are your shirts worth?
Hamilton. I suppose they are worth a guinea a piece. The cloth is worth 4 s. or 4 s. 0 d. per yard.
Parker. No; but I did not tell him what I wanted till I got proper assistance with me. He told me then, he had been but four days out of Ireland.
Q. What does Mrs. Barber deal in?
Parker. The chiefest things are handkerchiefs, that hang at the door.
Q. Had they marks on them?
M. Parker. They had. I gave 26 s. for them. I bought them between two and five in the afternoon.
Q. They are good shirts, are they not?
M. Parker. They are worth that money; if they had not I would not have bought them.
Q. What does Mrs. Barber trade in?
M. Parker. I have seen handkerchiefs and caps-hang at the door.
Q. Did you ever buy any thing of her before?
M. Parker. I have bought handkerchiefs of her.
Q. Did the linen come clean to you, or dirty?
M. Parker. Clean washed; we cannot be a judge how much linen has been worn.
Q. Did Barber tell you what she gave for them?
M. Parker. No.
Q. Were there any marks on the shirt?
Wells. There were two letters on it.
I was not in London at the time this robbery was committed; I have a witness here that saw me below Coventry.
Q. How long have you lived there?
A. Clark. About a month or five weeks.
Q. What part of Holborn?
A. Clark. In Plumbtree-court, Shoe-lane, at one Mrs. Honyborns; she sells fruit; I only lodge there.
Q. Where did you lodge before you lodged there?
A. Clark. I was coming from Coventry about the 10th of September last; I went into the house of one Mrs. More, at the sign of the Ship there, and John Dixon was sitting by the fire; he said, he knew me; I told him, he had the advantage of me, for I did not know him; he asked me where I was going? I said to my husband; he was coming from on board a ship: I asked him, how long he had been there? he said, a quarter of a year.
Q. How came you to be so particular as to the time?
A. Clark. Because I was to be in town on the 18th day of the month; I came to Holyhead in the packet on the 1st of September, and travelled through all Wales to Chester, and reached that on the Monday by two o'clock, that was the 6th day of the month.
Q. How long was you travelling from Chester to Coventry?
A. Clark. I was from Tuesday about three or four in the afternoon, till Friday night about six or seven; I asked at Mrs. More's for lodging.
Q. How came you to remember this to be the man?
A. Clark. Because he told me he was scanty of money, and he was lame and not able to walk; I left him behind; he came to me the day he came to London; I think that was the 15th or 16th day of the month.
Q. How did he know where to find you?
A. Clark. I told him he would find me at the Royal Exchange; I sell fruit there; and if he did not find me there, he would find me at the Horseshoe and Magpye in Plumbtree-court; I had lived there about two years ago: he told me he had lived in East Smithfield.
Q. How came you to six upon the 10th of September that you saw him at Coventry?
A. Clark. I went in there at Mr. Kirkman's; he asked me to stay and work there; but I told him I must be in town on the 18th. I had worked there before.
I never set my eyes on Dixon in all my life, till I was sent for to see it I knew him; I looked about and did not know him? He asked me, if I know him? I said, I did not. I was standing at my door when a man came (he was near six feet high) in ruffles, a gentleman's servant, his hair was tied behind; he cheapened a handkerchief of me, and asked me, if I bought any thing, and said, he had some shirts to sell; I said, if he would let me look at them, I would buy them if I could; he had them in a blue and white cheque handkerchief; he asked 30 s. at that time for four; I told him they were too good for my shop; but if they were his own property, I would give him a crown a-piece for them; he said, that was too little; I asked him how he came by them? he said, he appeared like a gentleman, why should I dispute him; I said, I should be very sorry to be brought into trouble; he told me, his master was killed, and he had made him a present of them, and he wanted some cheque shirts as he was going abroad: he took 20 s. for them. The next day he came again; I am out from nine till five or six in the evening; I cry things about the streets, and deal in what God sends me from pawnbrokers; he had a cheque shirt on when he came the last time; I gave him a crown for the shirt he brought; it was the only one brought then.
Q. What is her general character?
M. Proctor. I never heard no otherwise but that she always bore a very good character, and worked very hard for her living.
M. Proctor. I do.
Q. What is her character?
M. Proctor. She has a very indifferent character in general; I never heard any body give her a good character in my life.
Wm Saybrook . I live in Fenchurch-street; I have known Mrs. Barber seven or eight years; her husband is a bricklayer, he has worked for me ten or a dozen years: she has two children; she deals in old cloathes, and keeps an open shop; she has a very good character for an honest hard-working woman.
Laycock. As far as I know of her, her character is that of a very honest, industrious woman
Q. What are you?
Jones. I am a salesman.
Q. What is her business?
Jones. I have known her to buy and sell second-hand cloaths.
Q. What is her general character?
Jones. Her character in general was, in selling goods cheaper than any body else.
Q. Was she reckoned to be a very honest woman?
Jones. I don't know that.
Q. Was you subpoena'd?
Jones. I was.
Counsel. I'll ask you no more questions.
Q. Where do you live?
Hays. I live in Thames street; I am a bookbinder by trade.
Q. What is her character?
Hays. Always a very hard-working industrious honest woman.
Q. Where do you live?
M. Seal. I live in Charter-house-lane; I take in pledges: I always found her to be a very honest woman.
Q. What is your business?
M. Lawson. I am a haberdasher and milliner, and live at the Rising-Sun, in Russel-street, Covent-garden.
Mary Downs . I have known her about 12 months, by coming backwards and forwards to Mrs. Lawson's shop; I am her servant: My mistress used to tell me, to let her have any thing she wanted if she came when she was gone out for she was a very honest woman.
Q. What is her character?
Taylor. She has a very good character; she is a very industrious pains-taking woman.
Mary Robertson . I live in the Minories, about a stone's-cast from Mrs. Barber; I have known her 20 years: I never heard any other of her, than that of a very honest hard working woman. I have been in her shop when she has bought things, and have heard her ask the people, whether they were their own property before she bought them.
Dixon Guilty T .
Barber Guilty T. 14 .
John Price . I am servant to Mr. Kennistone in the Strand, he is a haberdasher ; the prisoner came and desired to look at some thread of different colours; this was on the 29th of September; then she wanted some other things, and desired we would get them ready, and she would call again for them. She went away; Mr. Steward said, he saw her put something into her pocket; we followed her up the Strand; she went into a cabinet-maker's shop. I went in and asked her, if she had not been at Mr. Kennistone's shop? she said, no. Then I said, have you not been there and ordered some goods? Then she said, yes; and she was just coming for them. I asked her to step with me there; she went along with us; we took a constable with us; we searched her at our master's shop, and found two pieces of ribband, my master's property and divers other pieces of ribbands upon her, [ Produced in court] one of the pieces had the letter D. our private mark, upon it.
The prisoner said nothing in her defence.
Guilty . T .
296, 297 (M) Benjamin Parry , was indicted for stealing two gilt seals value 5 s. one case of steams, value 1 s. 6 d. two snuff boxes, value 4 s. six knives, value 8 s. one pair of gilt shoe-buckles, value 1 s. two-pair of scissars, value 3 s. one steel stock buckle, and one spatterdash hook , the property of Edmund Cleive ; and Thomas Powell for receiving the same, well knowing them to have been stolen , Sept. 10 .~
Edmund Cleive On the 10th of Sept. I detected Benjamin Parry (who was my apprentice ) in selling a pair of knee buckles in my shop, and putting the money in his own pocket. I ordered him to put his cloaths on, and go about his business, for he should be
Q. What is your business?
Cleive. I am a cutler , and live in Alms house street, St. James's; when he came up into the shop, I laid hold of him and searched him, and found in his pocket two steel pencil cases, and in his fobb a case of steams. I was willing to forgive him this, as thinking it might be the first offence, and let him lay in my house. The next morning I asked him for the key of his box; I searched it, and in it found 10 packs of cards sealed up; there were none of his cloaths in his box, which surprized me; then I took him before Justice Wright: The justice told him, he should be committed, or go for a soldier, which he chose; he accepted of going for a soldier, and entered accordingly: On the 15th of September, there came a letter from Thomas Powell directed to Parry to my house, with the key of Powell's box in it, and there was a note with it to an acquaintance of his that lives near the Seven-Dials. I went there, and asked the woman if she knew one Thomas Powell ; she said, yes; he was a relation of her's: Then I told her I had a note for her, and insisted on reading it to her; it was nothing but a complaisant letter: Then I told her, I had the key of a box to send some things down into the country: Then she told me where Powell lodged; three or four of us went to search Powell's box; there we found things belonging to me, which the constable brought to justice Wright's.
Q. Where was the box?
Cleive. That was at a cooper's in Hays's-court by Newport-market; the things mentioned in the indictment were all found in that box, and they are all my property. I have missed them since, though I did not before: When Powell was taken up, he owned that he had them of Parry; he said, Parry brought them there, and said they were his own; then the Justice sent for Parry, who was with the regiment at Northampton, who, when brought before him, in my hearing confessed to his taking them; he said, he was very sorry, and it was the first fact.
Q. Had you ever seen the two prisoners together?
Cleive. I have many times.
Q. Did Powell know that Parry was your apprentice?
Cleive. He did, for he wrote all Parry's letters for him; they were very intimate.
Q. What is Powell?
Cleive. He draw'd beer at a publick-house in Shugg-lane, and had lived next door to me at a public-house about four years ago, and knew that I carried on the trade of a cutler.
Q. Whether you did not agree to forgive Parry every thing, upon his enterin as a soldier?
Cleive. He is not indicted for them things. I gave him his indentures at the justice's, and had forgiven him all that I then knew of, and he entered into the prince of Wales's regiment.
Q. How came you to fetch him up from Northampton?
Cleive. Upon these things being found in Powell's box. Powell was brought before Justice Wright the Saturday after the things were found; then Parry was sent for, as Powell owned Parry brought the things to him, and desired him to keep them for him.
Richard Higgins . I am an officer, and was present when the things mentioned in the indictment were found in the box. Powell owned the box to be his, and said, Parry brought the things to him, and I think he said, Parry said he had made them at odd times.
Q. to Cleive. Do you make all these sorts of things in your shop?
Cleive. No; the gilt seals and snuff boxes. I buy, the cutlery-wares are made in my shop.
I was in good hopes I should never be brought here on this occasion; I thought I had a right to plead not guilty on the account of being forgiven, as I consented to go for a soldier.
Q. What have you to say for yourself concerning these things that were found in Powell's box.
I went down into the country being not well; I sent up a letter by the carrier, which went to Mr. Cleive, and he went and found these things in my box that belonged to Benjamin Party : When I was sent for, I went directly to Mr. Cleive, knowing myself to be innocent.
Parry called Mr. Keene, who had known him from his first being apprentice; Mr. More, 7 years; Jos. Addison, John Street, and Eleanor Cox , almost 7; John Buckley , about 18 months; who all gave him the character of an industrious sober person.
Powell called Wm Humphrey , who had known him about three years; Rowland Heath and Thomas Roberts , about 5; William Daws and Walter Johnson , about 8; John Palmer , about 6; and Thomas Brumpton , about two months; all which gave him a good character.
Parry Guilty . B .
Powell Acquitted .
John Allen , Sept. 13 .~
John Allen . On the 13th of September the things mentioned in the indictment were lost out of my parlour, I went to Mr. Alderhead the next day in Bishopsgate-street, with intent to buy some more spoons, telling him how I had been robbed; he told me his apprentice had bought a milk-pot; I told him the marks on mine; he sent for that up stairs, and it appeared to be mine; I desired, if the party came again, he would stop him; they told me he had bought a gold ring at the same time he had sold the milk-pot: My wife went that same afternoon to Mr. Smith's in Bishopsgate-street, there she found the tea-tongs; they all of them described the person that sold them, to be such a person as the prisoner; on the Thursday se'nnight following, the prisoner went to Mr. Alderhead's, in order to sell the ring again that he had bought of him, and was there secured, and I was sent for; he was carried before my lord-mayor, who committed him.
Q. Did you know the prisoner before?
Allen. No; he had no business at my house, except he might come to ask for employment.
I am the very wrong person; I always work hard for my bread.
Guilty . T .
299. (M.) Edward Davis , was indicted for stealing 17 pieces of Irish linen cloth, value 30 s. 12 handkerchiefs, value 24 s. two pieces of cotton, two pieces of cheque, three pieces of muslin, one piece of Scotch cloth, and four muslin handkerchiefs, the property of Isaac Marks and John Viney , privately in their shop , Oct. 12 .~
John Viney . I live in York-street, Covent garden; I am in partnership with Mr. Isaac Marks , we are linen-drapers . On the 12th of this month we were informed, the prisoner at the bar (who was our porter ) was often sending parcels to his sister, who lived at Kingston in Surry, consisting of several articles in the linen drapery way. I went to Kingston to the sister's mistress; she was called into the parlour; I asked her with respect to parcels sent her by her brother; and upon examination found she had got several things with our own marks upon them, which I can swear to, and several not marked, which I have great reason to believe are our own property.
Q. Mention the things you can swear to.
[The goods produced in court.]
Viney. Here is a piece of Holland, two pieces of Irish, two pieces of cheque linen, two pieces of cotton, two pieces of muslin, and twelve handkerchiefs. I returned to London, and took out a warrant against the prisoner and searched his box, and in it we found several things, some with our marks on them, some not, [ produced in court]; then we took him before Justice Welch, there he confessed to the taking those things; he was asked at what times he took them; he said, he having the key to open the shop, used to take them early in the morning, before the journeymen came down, and that he had embraced such opportunities for three months.
Q. Was he a servant in your house?
Viney. He was.
Q. Did he acknowledge he sent these to his sister which you found there?
Viney. He did; and said, he sent them by one Cook, a waterman, and sometimes by the coach, at different times.
Tho Riley . I acted as peace officer: I can say no more than what Mr. Viney has already said; I saw the things found at Kingston. The sister is committed to Kingston-gaol, to take her trial there for receiving them.
What I sent to Kingston was my own.
To his Character.
Rich. Black. I have known the prisoner two years and a half; I never in my life heard any harm of him; he has the general character of an honest man for any thing that I know.
Guilty , T .
300, 301, 302. (L.) James Farr , William Biddle , and William Sparry , were indicted for that they did make, forge, and counterfeit, and cause and procure to be forged and counterfeited, and willingly acted and assisted therein, a certain counterfeit will, purporting to be the last will and testament of Jeffery Henvill, and publishing the same, with intent to defraud Anna Freke . At the request of Sparry the witnesses were examined apart.
Q. Have you ever seen him write?
Heusch. I have several times.
Q. Look at the name of Jeslery Henvill, is it his own hand writing?
Heusch. I do not believe it is.
Sparry. I object to his testimony. The time he came to me at Greenwich, he told me, he carried on the prosecution at his own expence. Pray, how far are you interested in this cause?
Heusch. Not a halfpenny. I have no benefit whatsoever. I told him it was not carried on through anger to any party, but for the sake of justice. It has been a most intricate thing, and what I have had a great deal of trouble about, and what we found out by chance.
Q. from Sparry. How much money have you given to Frankland your witness?
Heusch. I never gave her a farthing, nor she has never had a farthing yet.
Q. Is Farr any way related to Jeffery Henvill the deceased?
Heusch. I have heard he married Mr. Henvill's daughter.
Farr. I married his only child.
Q. Where did Farr live, when Henvill died?
Heusch. I believe Farr then lived at Crookhorn in Somersetshire; the next post or post after Mr. Henvill's death. I sent down a letter to Mrs. Farr of my own hand-writing, signed by Mr. Brown, to let her know her father was dead, and inclosed I sent her a copy of the will; I believe this was about the 25th or 27th of November last, three or four days after the testator's death; he died on a Monday, and I believe I sent down on the Tuesday or Thursday following.
Q. Did the prisoner and his wife live together there?
Heusch. They did; she sent word up, that her husband would soon be in town; he came up and called at Mr. Brown's house in Charles-street; and said, my father has not been so bad a man as the world took him to be. I said, I was sorry he has not done better by you: He said, he has made another will in my favour. I said, don't make things worse: He said, have you been served with any citations? I said, no. He said, then you will be, for there is another will in the Commons.
Q. When was this?
Heusch. This was on the 10th of December, the first time that I saw him after his father-in-law's death. Immediately after that, citations were served. It rested for some time, to, I believe, the 22d of last June. Mr. Bellas's clerk sent a person to our house to let us know, two witnesses had been in the commons and examined on the execution of this will. I I went to Mr. Bellas's to know who they were, which I found to be the prisoner Biddle and Hannah Frankland , and that the attorney concerned was Sparry. I found Frankland had been a servant to Sparry, but then resided with one Thomas Morvil in Blackfriars. Then I went to Mr. Bellas's to get his clerk to see Frankland, to know whether she was the same woman, that had been in the commons; he said, she was the very same person. After that, I and Mr. Hamlen went to Greenwich, and took Sparry in an alehouse, and brought him to town; it was very cold weather; we came up by water, and went to a tavern and dined. I do not now recollect whether it was in the boat or in the tavern, but he declared to us that very day, that Farr was taken by Oliver, who was going to carry him to the Marshalsea-prison, at the suit of Mountstephens, that then he should have given us notice that we might have taken him up, and he believed it to be a'bad affair, and if I would admit him a witness, he would give me all the assistance in his power; he said, Farr brought him a draught of an old man's will, (I will not be sure to the time when he said he brought it) and desired him to dictate a will to him for his father-in-law. That Farr told him, that the testator had an utter aversion to a lawyer making a will; and that he, at Farr's request, dictated a will, which Farr wrote; I think he said this was at the King's head in Broad St. Gile's, that after the will had been wrote by Farr at that house, he went with him to the next house, called the Robin-hood, at Farr's request, in Charles-street; that Farr desired him to wait there, while he went in to the testator his father-in-law, and upon Farr's not returning immediately, he went away; nor was he at the execution of the will; and that it was the same will that was produced in the commons. As we were in Guildhall-yard, just before we went before Mr. Alderman Blunt, I said to him, As you say you are innocent of this affair, I should be glad to know who wrote the will? He said, as Mr. Farr wrote the body of the will, you may easily guess who wrote the name; he likewise declared, he did intend to let us into the secret, and did send his brother once or twice to have given information; that he had a letter wrote by Mountstephens, which he said was either two or three sheets of paper, and Mountstephens had no concern in the affair, and desired to know if I had any thing against Mountstephens; I told him, I had not, and that instead of desiring Mountstephens to keep out of the way, I desired him to get him to come to me, that I might know what he had to say on that affair.
Q. Is Mountstephens a witness?
Q. What did Sparry say before Mr. Alderman Blunt?
Heusch. I believe he there acknowledged the will was a forgery. He likewise declared that he, Mr. Farr, and Mountstephens, went down into the country, in order to mortgage an estate which Farr had there, in order to carry on the suit; and that they did raise 300 l.; 150 l. in money, and 150 l. in a note payable in a month; and I think he said, he was to have had 100 guineas with Mr. Farr's son as a clerk. Mr. Hamelen was with us in all this conversation. I think he said Farr should say, he should get possession of this estate on the 6th of September.
Q. from Farr. Did you never promise Frankland any money?
Heusch. No; nor ever gave her a halfpenny.
Q. from Farr. Did you never hire any body to do it?
Q. from Farr. Did you not carry her in a coach to justice Fielding?
Heusch. I did, as soon as she discovered this affair to me, in order to get an information; but, upon speaking to Sir John, he said I had better take her to my lord mayor.
Q. from Farr. Did you not make her very drunk that day?
Heusch. No; I did not.
Q. When did you carry her before my lord mayor?
Heusch. I carried her there the next day.
Q. from Farr. Did she not always refuse coming into your terms?
Q. from Farr. Did you not keep her out three days from her lodgings?
Heusch. No. My lord mayor's clerk was not in the way; one of the judge's tipstaffs had her some time in his possession.
Q. from Farr. Did you not threaten to hang her if she did not do as you bid her?
Heusch. No; I did not. I said it was a bad thing; and she said she was totally ignorant, and was forced to put her mark to it: that she could neither write nor read, and she had 5 l. for doing it. When she was brought to me at Sam's coffee-house, I asked her, if she knew Mr. Henvill? She said she did. I said, what sized man was he? She said, he was a large man. I asked her, who was present when she put her mark to it? She said, Mr. Sparry and Mr. Biddle were. I said, was nobody else present? She said, no, sir. Then I observed she began to hesitate a little: I said, I believe you are ignorant of this affair; I apprehend you have been deceived in it. If it is fact, stick to it; and if it is not, I hope you will think of what you may meet with here and hereafter. Will you speak the truth? Then she said, I'll speak the truth. Then she said, she was sent for to a room where Farr was, by Sparry's instigation. He asked her, if she could write or read? She said, she could do neither. Said he, I have some money left me by my father-in-law, and you shall be rewarded; and she did it at his instigation; and after that, Sparry directed Farr to write,
"This is the mark of Hannah
"Frankland." And after that, she was sent for to an alehouse, called the Cock in the Corner, and there Biddle signed to the will.
Q. from Farr. Do you know how she came by the cloaths she has now on?
Heusch. She declared to me one day, she had a piece of stuff in pawn, and Sparry went with her and paid the money for her, and she went in it to Doctors Commons to see the will proved; and Sparry did acknowledge to me he paid Mr. Mountstephens for making it up into a gown.
Q. from Sparry. Whether I did not say, when you came to me at Greenwich, you need not have a constable; I'll go with you quietly; let my brother go with me?
Heusch. I appointed your brother to meet us at the King's Head, opposite Woodstreet Counter. We went there and had some dinner.
Q. from Sparry. Whether I did not say, the pretended forged will, before the alderman?
Heusch. You said, the forged will. Sparry told me, he never saw the will after he left it in the house, till he saw it in the Commons, but it will appear to the contrary.
Q. from Sparry. Whether or not you did not hear me, at the time I was committed, say, Sir, I beg pardon; I see a scene of iniquity going forward, for we had three wills.
Heusch. No; Sparry did not say any such thing. He told me, the first time he suspected it to be a forged will, was upon Hannah Frankland 's saying to him, God bless me! the man that you got me to put my hand to the will, he is alive, and yet you made me sign his will.
Sparry. No; she said, she heard Mr. Farr had got her to set her hand to the will of a man that is alive.
Q. Did Sparry say, himself or Farr got her to set her hand to it?
Heusch. I will not be certain which.
Q. Who is the prosecutor in this affair?
Q. Who is she?
Heusch. She lived with the testator two or three years before his death, and kept his house.
Q. When did he make his will?
Huesch. He made it on the 28th of August 1751.
Q. from Sparry. Whether you did not advise Mount stephens to move away?
Heusch. I told him, I always had the best opinion of you in point of character: - I find you have been concerned in this affair; it is not proper you should live in the house of this woman. And advised him to take his goods away.
Q. from Sparry. Where is he now?
Heusch. I do not know. I used all the means I could by Mr. Oliver that he might exculpate himself in this affair; but I could never get him to come to me. I remember the testator told me, three days before he died, he had no other concern in life but to make provision for this woman, Hannah Freke . He was then very ill, and had a sort of a mortification on his thigh.
Q. Where did he die?
Heusch. He died in Charles-street, in his own house.
Q. from Sparry. Whether he had not an utter aversion to a lawyer making his will.
Heusch. As for that, he made a will two years before, and I was sole executor.
Q. Are you a lawyer?
Heusch. I am.
Q. from Sparry. Did not Hannah Frankland declare she saw the testator execute the will, and that Farr and Biddle were there?
Heusch. She did; but after that she denied that she ever saw the testator, and that every word was put into her mouth by Sparry.
Q. from Farr. Did you or any body, to your knowledge, promise her 100 guineas?
Heusch. The woman never was promised a farthing, no otherwise than I told Mr. Hamlen, this woman has had a great deal of trouble, and I certainly will satisfy her for her trouble.
The Will read.
[The words put in Italics, spelt as here.]
"In the name of God, Amen. I, Jeffery Henvill,
"of the parish of St. James's, and liberty of
"Westminster, and county of Middlesex, and by
"trade a taylor, being in sound mind and memory,
"and understanding, and considering the uncertainty
"of this life, and the certainty of death, I give my
"soul to God who gave it me, and hoping, through
"my blessed redeemer Jesus Christ, to have the pardon
"of all my sins. And as to that wordly " which it has pleased God to bless me with, I give,
"devise, and bequeath, in maner following: And
"whereas I have hertofore, about the month of July
"or August last, I have given the bulk of my fortune
"which will I desire may be revoked by these presents.
"And as to all these my freehold mesuages
"and stable, with there appurtenances, lying and
"being in the borough of Shestsbury, in the county
"of Dorset, or elsewhere in England, unto my beloved
"grandson, the only child of my beloved
"the said premises, and the survivor of them,
"on special trust to and for the only use and benefit
"about the age of twelve years. And my will is,
"or the survivor of them, shall have all the issues,
"rents, and profits, of the said premases, without
"any ways incumbering waste or against the same;
"Dorothy his wife, or the survivor of them, shall
"find and maintain him all sufiant meat, drink,
"washing, lodging, to the amount or near the value
"of the rents and profits of the aforesaid estate,
"And allso, I do devise and bequeath a legacy of
"20 l. of lawful money of Great Britton, to John
"Mountstephens, my cozen and foreman, to be paid
"out of my personal estate, within twelve months
"after my decease. And as to my personal estate,
"both monies, goods, and wearing apparel, and
"out-standing debts, and all the remainder of my
"real and person estate, of what kind and nature soever,
"or shall be hearafter any ways intitled, I
"do give, devise, and bequeath, unto my son-in-law
"to be my soul exicutor of this my last will and
"testimant. And I do allso, in case my grandson
"should die without issu or marriage, or arrive to
"the age of twenty-one, then I give my aforesaid
"his wife, or the airs or survivor of them for ever.
"And I do hearby revoke all former wills by me
"made, and declare this to be my last will and
"testament, desiring that I may be decently buried,
"at the discretion of my exicutor heartofore mentioned,
"near to my father and mother, in the
"town of Shaftsbury, Dorsetshire, haveing hearunto
"set my hand and seal, according to the stile of
"the church of England, the twenty-eight day of
"October, in the year of our one thousand
" Jeffery Henvill.
"Signed, sealed, published,
"and declared by the said
"testator, as and for his last
"presense of uss.
Q. Do you remember going to Greenwich, in order to take up Sparry?
Hamlen. I do.
Q. Do you remember what conversation you had with him?
Hamlen. I do. After we took him we had him before a magistrate. The magistrate ordered us to take him to London: he was a little obstinate at first, and wanted to go home; but the constable said, he should go before a magistrate. We brought him from the magistrate's by water to London. Coming along, he said, he had no occasion to come to London to throw himself into our hands; that he had kept at Greenwich some time, and if we had sent to him he would have surrendered: and if we had not come down to day he intended to have surrendered himself; that he knew the will to be a forged thing himself, and that he dictated the will at a public house in St. Giles's and Farr wrote the will; he said, Mr. Farr said to him, I should be obliged to you if you will do this thing for me, because my father-in-law always said no lawyer should make his will; and that he dictated it, and Farr wrote it; then they went to the Robin Hood , and there, at Mr. Farr's request, he staid some time, in order for Farr's coming back to let him know whether his father-in-law was ready for him to come to be a witness to the will; finding him not coming immediately, he went away; he said several times, he was concerned for Mr. Farr in such an affair, and that Farr had such an estate left him by his father-in-law, a taylor in Charles's square, and he was going to mortgage an estate which Mr. Farr had at Crookhorn, in order to carry on this affair, and he had no manner of doubt but they should succeed. And coming along, and afterwards at the Queen's Head in Tower street, on Tower-hill, where we dined, he mentioned it; and there he begged we would admit him an evidence, and he would give us all the assistance he possibly could; that he knew it to be a forgery, and had several papers relating to this will, and if we would call at the Counter in a day or two after, he would deliver the papers up to us. While coming by water, he several times said, he knew the thing was forged. We asked him, if he knew who signed the name Jeffery Henvill? Said he, Mr. Farr wrote the body, and who do you think signed the name? He said, he hoped we would be as favourable as we could to him, and he hoped we would not take up Mr. Mountstephens: he said, he had a letter from him as long as my arm, wherein he sets forth the thing; and said, he as well as myself knows it to be a forgery. He said, Mr. Farr had given him a note of 50 l. and he was to make out a bill of cost for the business he had done to that amount.
Q. Was you with him before Mr. Alderman Blunt?
Hamlen. I was. First of all there he said, he was a man of property, a man of fortune. When the alderman came to ask him again, he said, he was not worth a penny. After that, he said his wife was worth 8 or 900 l. but he was not a farthing the better for it.
Hamlen. I have been in company with them several times. I have heard him say, Come, Hannah, come, the thing will come round soon for your examination; then we will get some money, and then every thing will be satisfied. He acknowledged he went to the pawnbroker, and took a piece of stuff out of pawn for her, and paid seven shillings for it, and afterwards got Mr Mountstephens to make it into a gown, and he paid him half a crown for making it.
Q. How often may you have been in Sparry's and Frankland's company?
Hamlen. It may be near twenty times.
Q. from Sparry. Do you remember before the alderman I begged his pardon, and said, I mean the pretended forged will?
H amlen. Sparry absolutely acknowledged before the alderman, he knew it was a forgery. The alderman catched it at once, and bid him hold his tongue.
Q. from Sparry. Did Frankland swear I was by when she subscribed the will?
Hamlen. She did; and will do the same now.
Q. from Sparry. What were her words?
Hamlen. She said, Sparry was present at the time she witnessed the will. This was before Mr. Alderman Blunt.
Q. from Sparry. Did not she say, I owed her 13 l. for wages?
Hamlen. She said he did; and he said he did not owe her any thing at first; but at last he said, he might owe her a trifle. She said, he owed her for six years wages; that she had lived with him seven years, and never received but one year's wages.
Q. from Sparry. When you came to me to Wood-street Counter, did not you say, you came to treat me, and say, you was my friend, and should say much less when you came on the trial than you had said?
Hamlen. No; I never said any such thing. I was
Q. from Farr. I want to know how you live?
Hamlen. I have been clerk to an attorney many years.
Q. Who was you with?
Hamlen. I was with Mr. Craycraft in the city, and I lived with one gentleman seven years within two or three months.
Q. from Farr. How much money have you given Frankland?
Hamlen. The woman never had a halfpenny of me in her life.
Q. from Farr. How much have you had of the prosecutor?
Hamlen. No more than my expenses; we were at a great deal of trouble and expence, in order to find out the people at the bar.
Q. How long have you known Sparry?
H. Frankland. I have known him ten years: I lived with him seven years.
Q. How long have you known Biddle?
H. Frankland. I have known him about three years.
Q. How long have you known Farr?
H. Frankland. I have known him about 15 or 16 months.
Q. Look at this will? [The will in question put into her hand.]
H. Frankland. This mark upon it is my mark, Mr. Farr wrote my name by it.
Q. How came you to set this mark here?
H. Frankland. Mr. Farr asked me to do it.
H. Frankland. About nine or ten months ago.
H. Frankland. At Mr. Whitchurch's, the Thistle and Crown, in Water-lane, Black-friars.
Q. Was it before Christmas or after?
H. Frankland. I can't say whether it was before or after justly; Mr. Farr called me down stairs one morning, and we had some purl; he asked me to make a mark? I told him. I could neither write nor read; he said, then I could make a mark; I asked him, what I was to make a mark for? he said, he had some money left him by his father-in-law, and desired me to make my mark.
Q. Was there any seal upon it?
H. Frankland. Mr. Farr pulled out a seal and put it upon it.
Q. Who was by at the time?
H. Frankland. There was only him and I together.
Q. How long did you stay there with him in that room?
H. Frankland. I staid but a little while.
Q. Did any body come into the room at the time you was there?
H. Frankland. No; nobody to my knowledge: I went out, and left Mr. Farr there.
Q. Was Sparry in the room when you made the mark?
H. Frankland. No, he was not; he was then in the fore-room, but Farr and I went into another room to do it.
Q. Was Biddle there?
H. Frankland. No, he was not; but when we went into the next room, Farr shewed the thing to Sparry.
Q. Do you know what conversation passed?
H. Frankland. No, I do not; I did not stay but a very little while.
Q. Do you remember seeing this thing after this? [ meaning the will.]
H. Frankland. Yes; that was two or three days or a week after; then I saw Biddle sign his name to it; that was at the Cock in the Corner, the house of Mrs. Stone.
Q. Who was present then?
H. Frankland. Three was only I, Mr. Sparry, and Mr. Biddle in company then; we went in all together?
Q. Who had the paper in custody then, before Biddle signed it?
H. Frankland. I believe Mr. Sparry had.
Q. Was there any application made to you, in order to go to Doctors Commons?
H. Frankland. There was a note made to me for five pounds, for me to go to be sworn at the Commons, to say it was a true will.
H. Frankland. I never saw him in my life to my knowledge.
Q. Do you know who was present when that note was given?
H. Frankland. Mr. Oliver, Mr. Biddle, and Mr. Farr, were there at the time.
Q. Have you been in company with these people frequently?
H. Frankland. I have; I have drank tea with Mr. and Mrs. Farr at the Thistle and Crown, they lodged there; I had seen Biddle backwards and forwards there.
Q. What dress was you to go to the Commons in?
H. Frankland. In this gown that I have got on; it was fetched out of pawn by Sparry for me to go in. and Mr. Mountstephens made it up.
Q. How do you know Sparry fetched it out of pawn?
H. Frankland. I went along with him to the pawnbroker's: it was in the neighbourhood of Blackfriars.
H. Frankland. Mr. Sparry did, and he paid him.
Q. Had you any conversation with either of the prisoners about the manner this will was to be proved?
H. Frankland. Biddle and Farr bid me say I saw Mr. Henvill sign it, and to say he was a very lusty man: Mr. Biddle said, he had been in the house, and had seen what was in the room.
Q. to Heusch. What size man was Mr. Henvill?
Heusch. He was a very lusty man.
H. Frankland. They said I should be asked but three questions at the Commons.
Q. from Farr. Did not you live in that neighbourhood?
H. Frankland. Yes, 14 or 15 years ago.
Q. from Farr. Have not you often declared you saw Mr. Henvill sign this will?
H. Frankland. No; I never did.
Q. from Farr to Mr. Huesch. Have not you heard her say she saw him sign it?
Q. from Farr. Did not you say you carried beer to Mr. Henvill's house?
H. Frankland. I might years ago.
Q. from Farr. Who took that gown you have now on out of pawn for you lately?
H. Frankland. I borrowed the money, and took it out myself.
Q. from Sparry. Whether you did not tell the proctor you did really see Mr. Henvill sign that will?
H. Frankland. The proctor never asked me, and I did not tell him so.
Q. from Sparry. Did you swear-before the sitting alderman that I owed you money, and the money which I advanced you, was part of your wages?
H. Frankland. And do not you owe me money? He owes me wages to this hour.
Q. Was the money he gave you part of your wages?
H. Frankland. No; wages was not mentioned.
Q. from Sparry. How much money had you of me at one time?
H. Frankland. Once I had an eighteen shilling piece, and I have sixpences and shillings of Sparry.
Q. from Sparry. How came you to say Farr was at the Thistle and Crown?
H. Frankland. Why; was he not? he lived there.
Q. from Sparry. Whether you have not said nothing should affect or hurt me from what you knew in this case?
H. Frankland. I never did say so; I never could, because I never saw Mr. Henvill in my life.
Q. from Sparry. Did not you say when you went to give evidence against me, O Lord! I shall be transported?
H. Frankland. No; I never did.
Q. from Sparry. Did not you go and tell my wife you was waiting for me?
H. Frankland. If I did, that does not belong to this affair.
Q. from Sparry. Whether you did not tell my wife you was waiting for your master?
H. Frankland. I was waiting till you came in.
Q. from Sparry. Did not you tell her, you had more right to me than she had?
H. Frankland. No; I did not.
Q. from Sparry. Did not you strike my wife?
H. Frankland. No; she struck me, Sir; but that does not belong to this.
Q. from Sparry. Whether you did not declare you would be revenged of me for my beating you for insulting my wife?
H. Frankland. No; never.
Q. from Sparry. Whether you did swear you was never known by any other name but that of Frankland?
H. Frankland. No; I go by no other name but Frankland.
Q. from Sparry. Have you not letters wrote to you by the name of Morvil?
H. Frankland. No.
Q. from Sparry. Have you never brought letters to me to read to you, that were directed to you by the name of Morvil?
H. Frankland. No.
Q. What time of the day was it at the Thistle and Crown, did you put your mark to that paper?
H. Frankland. It was in the morning, about 8 or 9 o'clock.
Q. Did you see Mrs. Whitchurch then?
H. Frankland. Mrs. Whitchurch was not up.
Q. from Biddle. During the time of my being in Woodstreet-compter, whether you did not come after Mr. Sparry?
H. Frankland. He sent for me there.
Q. from Farr. Did not you say to Sparry I'll lose my life to save you but I'll hang Biddle and Farr?
H. Frankland. No.
Q. from Biddle. What did you do there; do you know?
H. Frankland. Yes; I drank some beer.
Q. from Biddle. Did you do nothing else?
H. Frankland. No.
Q. from Biddle. Who lent you a pot from under the bed?
H. Frankland. Nobody.
Q. from Farr. Did not you leave your pattens there?
H. Frankland. No, I did not.
Whitchurch. I do.
Q. Have you seen her along with them at your house?
Whitchurch. I have.
Q. About what time?
Whitchurch. About the latter end of the last year.
Q. Where does Frankland live?
Whitchurch. She lives in the neighbourhood.
Q. Does she use your house?
Whitchurch She does.
Q. Do you know of her going by the name of Morvil?
Whitchurch. I have trusted her in that name, and received money of her in that name; I never knew to the contrary but that was her name, till Sparry came to me, and said, if a person came to enquire for Frankland, this Hannah Morvil was the person.
Counsel for the Crown. Did you ever know one Jeffery Henvill?
Whitchurch. No; never to my knowledge.
Prisoner's Counsel. What is Frankland's character?
Whitchurch. I can't say a great deal to her character.
Mary Oliver . Mr. Oliver my husband, and Mr. Sparry, went to take Biddle over the Water; I was with them; and between Sparry's house and the bridge, Biddle said in our hearing, he had d - d his soul, and sworn himself to the d - l to serve Mr. Farr, and they were to have a quarter part of an estate, and he found he could get nothing for it; and at another time in our kitchen, he said, if they had carried on the transactions as they might have done, they might have won the day; that they never went about business, but always it was in a public room.
Biddle. I never had but little conversation with her; I never saw her but about four times.
Q. from Sparry. Was you present when your spouse came to the Marshalsea prison?
M. Oliver. I was there.
Q. from Farr. Did you ever hear your husband ask for money of me a guinea, half a guinea, or two shillings, and say, if he would give him that, he would let him go.
M. Oliver. No; never.
Q. Do you know any thing of a note of hand?
It is read to this purport.
Q. Have you ever heard any thing said about this will?
Q. Did he ever say he was to have any part of the estate?
Mark Oliver . When I went to take Mr. Farr. I said, I hear there is a warrant against you for a forgery, and I will not be concerned with you. Sparry said, you will be hanged for this forgery, to Farr: and said, he wished he could get his money.
Q. Have you ever seen Farr write?
Q. Look at the body of this will, whose writing do you think it to be?
Q. Did you see him write that note for 5 l. you produced here?
Q. from Sparry. Did you not become bail for Farr?
Q. from Sparry. When you was cross-examined, whether you did say this will in the Commons was a just will, and that you was a freeholder.
Q. from Sparry. Whether you did not come to me at Greenwich to have your name put in as bail, without fee or reward?
Q. from Sparry. Whether this is not your own hand writing? [A paper is put in his hand.]
Q. from Sparry. Whether you did lay out a shilling?
Mark Oliver . I shall lay you open if you talk to me. That night that I up all night, he was my prisoner, he and John Mountstephens consulted together to rob Mr. Farr; they thought he had got all his cash, and had put it into his breeches-pocket. Said Sparry, we can rob him, for he had condemned man by the law, and will be hanged for this forgery.
Q from Sparry. Whether at the time you justified both, you did not swear you was worth 60 l. and all your debts paid; and now you are become a bankrupt, and have not obtained your certificate.
Q from Sparry. Did not you go to my maid servant, and desire her to lend you a silver spoon, for you to put into Farr's pocket, that you might hang him for a robbery, and convict him for the reward?
Q. Where does your master live?
Sym onds. He lives in Blackfriars.
Q. Who paid the money?
Symonds. Sparry, I believe, did.
I was there with Mrs. Frankland and Mrs. Farr, at Mr. Henvill's house, when he signed it. Mr. Farr left the house, and went to the Black Horse in the Haymarket. Mr. Henvill made use of a viol with ink in it, and I pulled out my own pen and ink from my pocket, and signed it with my own ink.
[ This was to account for the different sorts of ink the will was wrote and signed with which was observed by the court and the jury.]
My acquaintance with Mr. Henvill was about the 12th of March was twelve months. He came and asked me when I had heard from Mr. Farr, I said, he was in town and that I heard he had had something sell to him. He said, Mr. Sparry, I am desirous they should be settled; he is a little stupid, and strong headed; I wish you would speak to him; I have a great regard for my daughter, and she has the guest boy I ever saw. Said I, Mr. Henvill, I will do any thing for either him or you: I thought Mr. Farr's affairs had been a little unhappy, and he may want some of your assistance. He said, he had lent him 100 l. I said, he is now discharged from debts under the fugitive act in 1755, and if you was now to put him in a little way of business he is a low chandler and soap boiler) it would be of service to him. He desired me to call upon him and tell him he would be his friend. I called and told him. Then Farr said, at the death of his mother-in-law Mr. Henvill had made him a suit of mourning cloaths, and what shall I do to pay my father-in-law for them? If I do not pay him I fear I shall lose his favour. Said I, I have a draft of my wife's which she gave me leave to take. I went and discounted it with a wine-merchant at Temple bar, and let him have the money, and he paid for the mourning, here is the bill and receipt. Some time after that, I met Mr. Henvill coming along Covent garden; we stopt at the Plough in Drury-lane: Said he, Sir, I find my son-in-law is going to settle in the country; if he will but come to me, and put his affairs to right, I will be a friend to him; for he is obliged to pay his sister 500 l. and I am afraid he will be obstinate enough not to pay it; I will do something for him if he will but settle upon my daughter 500 l. Frankland said, she knew Mr. Henvill very well, for she had carry'd beer to his house. Mr. Henvill told me, he heard she was a good sober girl. I said, while she was along with me she was as honest a creature as ever was: I had trusted her with my watch, money, and rings; but I am told now she has no way to get her bread but by drinking, whoring, and swearing. She came to me into Newgate, and swore, d - n her soul, if she would hurt me: She said, I had no occasion to spend my money; I was as innocent as the child unborn. Mr. Henvill said, I have been very unhappy with Mrs. Freke; she has endeavoured to prove my daughter a thief. He gave me this will, all of his own handwriting, and told me how he had been threatened for having criminal conversation with this Freke; for she is the wife of Charles Freke , lately broke out of Dorsetshire gaol, and I am afraid I shall be punished with an action. Said I, you cannot do any thing better than to amuse her, as if you intended to do well for her. Said he, I am very desirous to live praceably. He called upon me about the 26th of last October, and desired then that Mr. Farr would come to a resolution to make some memorandum in writing, that he might send it down to Dorsetshire, that this money might be raised, that was 300 l. to pay his debts, and set him up at Crookhorn. He had a freehold estate of about 120 acres of very good land, but it wants manuring. A memorandum was drawn; a copy of it I have here. I was desired to dictate to Mr. Farr nothing more than the preambleMark Oliver and Frankland, it is the vilest story ever invented. When she was going to be examined in the Commons, said I, here you have been almost a fortnight; what is the reason you do not go to be examined? She said, I have been a great deal out of pocket; I must mind my business; she would not go unless some provision was made for her. I said, you show yourself to be a bad woman. I have affronted my wife in what I have done for Farr. When Frankland came into the Commons, she told the proctor she saw Mr. Henvill sign, seal, and deliver the will; and that Mr. Farr wrote her name to her mark in her presence; and that Biddle objected against Mountstevens being a witness to the will, because there was a legacy left him in it. When I heard the talk of this, I sent my brother up to Mr. Brown's in Charles-street, as he very much wanted Farr. Mr. Heusch desired that I would take care to let him know where Farr was. The message was brought me by my brother, that if Farr would come alone, he would be glad to see him; but he would not if he came with any body else; that was the reason that Farr did not go.
For the Prisoners.
Q. from Sparry. Whether did you ever hear Mr. Heusch say the witness Frankland should be rewarded?
Q. to Heusch. Do you know this woman?
Heusch. I saw her when we came from the hall.
R. Morgan. He said he was to have 40 l.
Court. Then you was mistaken.
Grant. I cannot say whether he is or not.
Q. from Sparry. Do you remember Mr. Biddle and Mr. Farr executing a will in your house?
A. Stone. I do not know that they did.
Q. Do you remember their coming to your house?
A. Stone. I cannot say I remember any such persons.
A. Stone. I do.
Q. from Sparry. Do you know any good of her?
A. Stone. No, nor no bad; I know no farther of her, only she has come to my house.
Q. Is she a person proper to be believed upon her oath?
A. Stone. I do not know that.
Q. Do you know any thing of Frankland's being at your house at any particular time?
A. Stone. No.
Q. Do you know of her being at your house with Biddle?
A. Stone. No; I do not.
Q. Do you know of her being there with Sparry?
A. Stone. I cannot say I do?
Q. from Sparry. Whether Frankland did not declare at the door, when she was going to swear against me, and say,
"O Lord, I shall be committed!"
Biddle. Yes, she did, before the man that keeps the Thistle and Crown in Water-lane, I, and two or three others; we were all together. I heard her say, she would be bound to be transported before Mr Sparry should be hurt, but as for the other two she would hang them, and go with pleasure to the corner of the Old Bailey to see them go to be hanged.
Q. from Sparry. Whether Frankland did not say she did not know whether it was a black or red seal on the paper?
M. Reed. She did say so. She said, there was a will made, and she signed it at Mrs. Whitchurch's.
M. Reed. No, not as I heard. She always said Sparry was a very good gentleman. She goes by the name of Morvil.
Thomas Sparry . I am brother to Mr. Sparry. I have heard Frankland say she was to be well rewarded for this fact; and the day after Farr was taken up I heard Oliver say I have done the best day's work I ever did in my life; I shall have four-score pounds for taking Farr. I believe Frankland is not to be believed upon her oath.
Eliz. White. I was present when Mark Oliver came to Greenwich, and charged Farr with the forgery. He said the thief-catchers were after Mr. Mountstephens and Mr. Farr. Oliver asked me for silver spoon to put into Farr's pocket to try him, that he might have the reward.
Wm. Oliver. I have known Frankland between eight and ten years; she is a very bad woman; she has made Mr. Sparry live very unhappy with his wife through her keeping him company. She has also done the same by another person. I never heard any thing amiss of Mr. Sparry before this.
Eliz. Haget. When Mr. Sparry was taken it did not appear that he wanted to secrete himself. Frankland has a very bad character.
Q. What is his general character?
Hussey. I never heard any thing bad by him.
All three Guilty . Death .
See Sparry tried, in company with Morvel; for forging a receipt for 18 l. 2 s. 3 d. with intent to defraud Dr. James. No. 509, in Mr. Alderman Cokayne's mayoralty.
Thomas Gray . I am servant to Mr. Saunders, an haberdasher and hosier . The prisoner came into our shop, and desired to see some ribbons; I shewed her a drawer of ribbons; she stood a tedious time over them; the shop filled apace: I saw her convey a piece of ribbon under her arm, and afterwards she went out of the shop. I followed and brought her back again, and took her backwards into the counting-house, and found the piece of ribbon under her arm. [ Produced in court, and deposed to by a mark on it.]
The prisoner said nothing in her defence.
Guilty . T
William Pearson . I am apprentice to Mr. Saunders. The prisoner came into our shop on the 24th of July in the afternoon, and asked to see some black ribbon; I shewed her of several sorts; she stayed some time over them, and then asked for some figured ribbon; I shewed her some; she did not like either of them. Then she desired to see some black ribbon again; as she was standing over them, she desired me to weigh her a quarter of an ounce of black thread, which I desired my partner (the witness to the last trial) to weigh; she took an opportunity of taking a piece of black sattin ribbon, and concealed it under her arm; I saw her do it. She went out of the shop; I followed her, and brought her back, and we found the piece of ribbon under her arm.
I know nothing of it.
Guilty . T .
305. (M.) Mary Blake , spinster , was indicted for stealing four linen sheets, value 10 s. two silver tea-spoons, value 3 s. two linen table cloths, value 2 s. four check window-curtains, two china cups, two china saucers, and one brass candlestick, the property of William Clements , in a certain lodging-room let by contract , & c. Sept. 27 .~
Guilty . T .
John Lamprell . I lay at the Red-lion inn in Long-Acre five weeks ago last Tuesday-night. I was robbed in the night, when I was asleep, of two guineas and a half, and some silver. There was an acquaintance of mine lay with me, and another person lay in the same room.
Q. Was the door locked?
Lamprell. No, it was not. My breeches, that I had laid under my pillow, were in the morning lying on the floor. My acquaintance said, he thought it was the prisoner. The prisoner had lived there, but he was gone away. I found he was at the Black Horse in the Borough; I took him up with a warrant, and carried him before Justice Fielding. We called in at the Red-lion in Long-Acre; there he owned he got under the gate, and came in and stole my money out of my breeches, and went out again, and had spent the money.
Q. Were any promises made him on his confessing?
I know nothing of it.
307, 308. (M.) Abraham Vickery , and Margaret his wife , were indicted for stealing 21 gold rings, value 6 l. one mahogany tea-chest, value 3 s. one canister, value 1 s. one pair of pocket pistols, value 10 s. one silver snuff-box, value 8 s. and one pair of nankeen breeches , the property of William Mackintosh , Sept. 29 . ~
From the prosecutor's own evidence this appeared to be neither a felony nor fraud. They were honourably acquitted , and a copy of their indictment granted against the prosecutor.
Both Guilty . T .
Wm Mercer . On the 16th of September I heard some little disturbance at the Queen's Head in the Old Bailey ; some people were quarrelling; I had not been in the house half a minute but I felt something at my pocket; I turned about, and saw the prisoner push out into the street; I followed, and took him with my handkerchief in his hand; I took him before my lord mayor, and he was committed.
There were two men fighting in the house; I went in to call for a pint of beer; I found a handkerchief there, and as nobody owned it, I was going out with it.
Guilty . T .
No evidence produced.
James Hardy , capitally convicted in July sessions, was executed on Monday the 26th of July. And John Kello , James Collins , and James Whem , capitally convicted last sessions, were executed on Wednesday the 13th of October.
The trials being ended, the court proceeded to give judgment as follows:
Received sentence of Death 3; viz.
Transported for fourteen years, 1; viz.
Transportation for seven years, 14; viz.
To be branded, 3; viz.
To be whipped, 1; viz.
James Hardy , capitally convicted in July sessions, was executed on Monday the 26th of July. And John Kello , James Collins , and James Whem , capitally convicted last sessions, were executed on Wednesday the 13th of October.