NUMBER VII, for the YEAR 1763.
[Price Six Pence.]
King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.
BEFORE the Right Honourable WILLIAM BECKFORD , Esquire, Lord Mayor of the City of London; Sir Henry Gould *, Knt. one of the Judges of his Majesty's Court of Common Please; the Honourable Mr. Baron Perrott +, James Eyre ++, Esquire, Recorder; and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.
The prosecutor keeps the Castle alehouse near Guildhall . On the 14th of July the prisoner went in and sat some time by the maid, who was ironing; her mistress sent the maid, out for some snuff, about a quarter of an hour after her return the frock was missing from a bundle that lay damp for ironing; the prisoner then being gone, information was brought in soon after that the prisoner was at the Swan alehouse in St. Ann's Lane, where she was found with the frock in her hand, who first said she bought it, and after that, that she found it.
The prisoner said in her defence, that she found it at the outside of the door.
Guilty 10 d. W .
353. (M.) William Hattersley was indicted for stealing two yards of woollen cloth, val. 25 s. one other yard of woollen cloth, val. 16 s. half a yard of woollen cloth, val. 6 s. one yard and a quarter of ditto, val 15 s. two yards and a half of ditto, val. 36 s. three yards of ditto, val 42 s. two yards and a half of alopene, val. 7 s. three yards of alopene, val. 8 s. two other yards of woollenJohn Wharton , Aug. 24 .
To which be pleaded Guilty . T.
William Smith . I work at the Victualling Office . On the 14th of last month I was coming along Lemon-street, Goodman's-fields , a little past 12 in the night, just by Mr. Wood's, a chemonger, three men stopped me, Donnolly collared me on the left-side, and Tobin on the right, the other man stood before me, they had each of them a asked knife in their hands, I said, what do you want? they said, your money: I said, I am a poor labouring man, and had but a trifle; they said they must have it. I delivered to them 4 s. and 2 d. out of my left hand pocket; they said, he has got more in his other pockets, we will chip him down; then they took and slit my breeches open from top to bottom, (producing them) I had no more money about me. The bye watch. or what is called the private watch, was coming very near, they left me, and turned the corner; I told the private watch what they had done, we went to the corner and saw the two prisoners standing at Mr. Lesever's brew-house, the other was gone farther on; then the watch-man went to the watch-house, and brought the constable of the night, then the two prisoners were coming along the street just by me again; I shewed them to the officer, he seized Donnolly directly, and the other ran into an alley; the bye watch struck him, and he fell, and I seized him by the collar. The corner where they were standing is not above fifteen yards from the place where I was robbed, and I saw them after the robbery in less than five miactes, there was not a soul in the street at that time but themselves, there was a lamp near the place where they robbed me, and another at the brew-house where they stood.
Q. Where had you been so late?
Smith. I had been drinking a pot of beer with an acquaintance, and staid at the public-house about three hours, but I was not in liquor at all.
Donnolly. I was going to drink with the prosecutor, he said there was a house open in Rosemary-lane.
Prosecutor. That is false, I never saw either of the prisoners before to my knowledge, I had not spoke to either of them.
John Crocker . I am a private watchman in Lemon-street. I was going half an hour past twelve on the 14th of last month, in the morning; a little before I came to Mr. Wood's door Mr. Smith came to me, and said, come with me, I have just been robbed by three men of 4 s. and some halfpence, they have got three naked knives. I went with him to Mr. Wood's corner, there we saw the two prisoners standing at Mr. Lesever's brew-house, he said, there are two of the men; I went close up to them, and looked them in the face, Tobin had a naked clasp knife in his hand, which he turned up into his sleeve, and as he turned it up I saw the blade plainly; we turned round, and came again into Lemon-street, and the two prisoners followed me; I went to the watch-house and got the constable, and 4 watch-men, then I went and laid hold of Donnolly by the collar the other ran away, he was taken in an alley very soon, he was very resolute, they dragged him out of the alley, we took them both to the watch-house, the constable searched them, there was a large clasp knife found upon Tobin, and 3 s. and some halfpence, there was only some halfpence found upon Donnolly, there was a clasp knife found under the bench were Donnolly sat.
Robert Bennet . The last witness came to me, and said a man had been robbed, I am constable. I went with him, and took some watchmen with me, and we took the two prisoners at the bar. He confirmed the evidence of Crocker; and Peter Pardock , a watchman, the same. Bennet being asked if he had observed the prosecutor's breeches at the time? said he saw them as he had them on to be slit down in the same manner as they appeared when produced in court.
I was at Wapping drinking with a ship-mate, at the White Hart, and came away at half an hour past ten o'clock, and coming up Lemon-street, going to my lodging in Spittlefields, I met the man and watchman together, they were going to Rosemary-lane, and asked me to go and drink with them; if I had been guilty of the robbery I should not have gone close to the watch-house.
If I had been guilty of a robbery I would not have gone by the watch-house to drink with them.
Both Guilty . Death .
The prisoner used to wash and scour for the prosecutor, the things mentioned were missing, she was suspected, the six shirts were found pawned at a pawnbroker's, one on the 20th of Aug. 1762, another the 18th of Sept. 1762, another the 11th of Dec. 1762, another the 10th of Nov. 1762, another the 4th, and another the 25th of June 1763, and two handkerchiefs, one pawned the 11th of June 1763, the other the 9th of Nov. 1762, in the prisoner's name, carried by herself.
Guilty . T.
357. (M.) William Langley was indicted for stealing three linnen shirts, val. 20 s. the property of Benjamin Badington , and two linnen shirts, val. 12 s. the property of Thomas Badington , Sept. 8 . +
Elizabeth Betts , who had the linnen to wash, deposed they were missing from her lines in her garden in Kingsland , that they were found again in about a quarter of an hour. (Produced in court, and deposed to.)
Gerrard Hussey, who took the prisoner, deposed he brought him to Mrs. Betts, that he owned he took the linnen, and wished he had broke his neck before he got into the garden.
Guilty . T.
Joseph Alston . On the 10th of July, about a quarter past 11 o'clock at night, I had been to St. Catherine's to my lodgings, and found I was lock'd out, I was going to my master's in Houndsditch, name Jacob Rothereges , a jeweller, I was attack'd on Tower-hill by four men which came from towards Iron-gate. Shields came up and patted me on my left shoulder, and said something I did not understand, I thought he asked me what o'clock it was; I continued walking on very briskly, and said, No, friend, I can't tell what o'clock it is; then he felt at my right side breeches-pocket, and asked me, if I had got any money for him? I said no, I had none; then he bid me stand and deliver, and took hold of my collar; I said I would not stand, and began to shake myself from him, then the other three came up, one said hold on collar behind and the others held me by each arm; then Shields let me go and went behind me, and presently came before me again with a clasp-knife open in his hand, I was then calling out for assistance, he laid hold of my collar again, and swore if I made the least noise he would kill me; I did not mind his threatening at all, but called out murder; they held me some time; I can't swear who cut my coat, but I had three cuts in it; it was pretty dark, but we were under one of the lamp. one of them had his hand in my breeches-pocket they were afraid of somebody coming to my assistance; Hogan took my hat from my head, and one of them struck me on my nose, then they all ran away, they took nothing out of my pocket; I pursued them and catch'd hold of Shields by the coat, but running against one of the posts going off the hill, I was obliged to let him go.
Q. Did any body come to your assistance?
Alston. I neither saw nor heard anybody. The other three ran towards Queen-street, and he ran towards the Victualling Office; running by the watch-house, a watchman took him, then I left him and pursued the other three. The two that escaped, ran up Queen-street, and Hogan ran up King-street, I pursued him, I knocked him down against a post, and knocked a hat and wig off, which hat appeared to be mine; he recovered himself, and got up and ran again, I pursued and got hold of one of his arms, he gave me a shake, and shoved me against a post; I let my hold go, and he ran back again the way he had came; I pursued him again, then I saw he had a clasp knife in his hand open; I ran before him, and laid hold of his collar, he got loose from me again and turned and ran up the street again; I still pursued, he found he could not make his escape he ran up to a leather-cutter's door, and stood stopping with his knife ready for a stab at me and said, You dog, what did you strike me for? said, I will let you know presently, and called watch, watch, make haste, I have got him. He thinking somebody was coming, looked back at which time I jumped upon him, and seized hold on both his arms; he put his hand down
Mr. Cooley. I was sent for to the watch-house, being the officer, there Shields confessed he was in this robbery, with one Welch, Ryan, and Hogan, and that he had been concerned in other robberies with one Wilson, and desired I would go and take them, which, he said, would be a means of saving his life. I went with some watchmen of a notorious house on Salt-petre-bank, as he directed me, but did not meet with them.
John Hall. I am watchman. I heard the prosecutor cry out murder, and thieves, I went out of the watch-house, by the Victualling office, Shields came running, I catched him in my arms, and secured him in the watch-house, this was about half an hour past 11 o'clock; after that I went to the other watch-house, there was the prosecutor and the other prisoner, when Shield's saw them he wanted to be admitted evidence, and owned to the fact.
William Grugen . I am an officer, (he produced a case knife, and a clasp knife) these were delivered to me by the prosecutor and watchman; the prosecutor charged Shields with being one that robbed him of his hat, he was quite consistent in his charge. Shields offered to turn evidence, and owned the fact, and said the knife that was found at the leather-cutter's door was Hogan's property.
I was drinking that night at the Ship-and-Shovel on the back of Guy's Hospital, and going home to my lodgings in Catherine-wheel-alley, White-chapel, they took me in custody; I know nothing of the robbery.
I was going home about my business, and the gentleman opposed me in the street, I had a hat, and I lost it in the struggle; there was not a soul with me, the gentleman may say what he pleases, I cannot stop his mouth.
Both Guilty . Death .
360. (M.) David Crosby was indicted for robbing Jasper Child on the King's highway of a hat, val. 10 s. a cloth coat, val. 30 s. a brass tobacco-box, a silk handkerchief, a clasp knife, and a pair of buck-skin gloves his property , Aug. 7 . +
Jasper Child . Five weeks ago last Sunday night I was going from White-chapel to Sun-tavern-fields , I was met by three men between 9 and 10 o'clock, about eight or nine yards from a place called Tom-turd-man's-hole , the prisoner was one of them; one came on one side, the other, the other side, and the third, a little man, laid hold on my collar, and said, if I stirred I was a dead man; he held a knife open in his hand, two of them searched my pocket, (not the prisoner) I having no money the little man took my hat from my head, and put his on my head, and let me go; then I made my way as fast as I could for the turnpike, I got into the cross road and met them again, they bid me stand, or I should die directly, and put a knife to me as before; it was very star light; then they took my coat from my back, in the pockets were my handkerchief, tobacco-box, gloves, and knife; they had struck at me, and IJohn Stedman the description of them, and on the Friday following I was fetched to Spring-gardens, at Stepney, there I saw the prisoner, there was a man with him much like one of the others, but I would not swear to him. I took him to White-chapel, there I charged him with the robbery; I found nothing upon him belonging to me; I never found any of my things again.
John Brown , and John Stedman deposed, the prisoner and two other men used, frequently to be about Stepney fields, that they watched the prisoner and another to Spring-garden, that they decoyed them down to Rosemary-lane, pretending to have a game at Skettles, and would have a supper, and they should partake if they would go with them; that there they secured them with the assistance of one Andrews, it being dangerous to attempt it at Spring-garden, there being many resolute people there at the time; that the other two were taken that same night, and carried to New-prison, by Brebrook and Murray. They could give no account how the prosecutor was sent for to come to the prisoner.
The prosecutor being asked, what he was? said he was a coal-beaver, and that a constable came for him.
As neither of them could give any reason why the other two were not indicted with the prisoner, nor the men that secured them appeared on the trial to be examined, the Court suspected it was conducted by those who had an eye to the reward, he was Acquitted .
361. (L.) Mary Wheatland , spinster , was indicted for stealing one yard of green silk damask; val. 2 s. one yard and a quarter of stuff, val. 1 s. and seventeen yards of velvet, val. 34 s. the property of Joseph Amery . ++
The prosecutor is a silk-dyer , and lives in Coleman-street; a lady brought several pieces of silk to be dyed, at the delivering it again to her a piece of green damask was missing; the lady, in attempting to buy a piece to match it, found the piece missing at Mrs. Gray's, a milliner and baberdasher, on the back of St. Clements; the prosecutor, upon that, charged the prisoner, who was his shop-woman , with stealing, and getting it there; she confessed the fact, and was sworn to by Mrs. Green. The other things were found sold by her at the same place, which she acknowledged she had stolen from her master.
Guilty . T.
John Parry deposed, he keeps the Salutation tavern in Budge-row , that the prisoner came in and called for sixpennyworth of brandy and water, and ordered some mutton shops for dinner; after the cook was ordered to do them, he said, Let them alone, I'll come again in an hour's time, and went away; after he was gone he missed the silver spoon which he brought with the liquor; that he went after him, when the prisoner saw him he ran, but was stopped at the bottom of Dowgate-hill, and found the spoon between the waistband of his breeches and his shirt.
Guilty . T.
Peter Cavallier deposed, that he kept a hatter and hosier's shop in Leadenhall-street ; that the prisoners came on the 20th of Aug. about 5 in the evening, and asked to see some black ribbed stockings; that while they were there he saw a pair of stockings removed in the window, but knew not by who; that he locked the door, and, upon searching, found them in the lining of Morgan's coat. (The stockings produced and deposed to.)
Morgan Guilty . T.
Sidenden Acquitted .
Frederick Heaton deposed, that he was a shoe-maker , and lived in Fleet-street ; that the prisoner came into his shop to buy a pair of shoes; that his silver buckles were missing out of a pair of shoes that were in the shop; that she was pursued by his apprentice, and brought back, and the buckles.
Guilty . T.
James Bunyard was indicted for stealing one man's hat, value 10 s. and 10 s. in money , the property of Edward Jones , September 1 . ++
Edward Jones deposed, that he was asleep in a night-house on the outside of Temple-bar , when every body were going to be turned out, about 3 in the morning, he was awaked by the prisoner; that he proposed to treat him for his civility to him, but missing his money, and finding he had an old hat on which the prisoner owned, and the prisoner had got his new one on, he charged him with robbing him; that taking him down Fleet-street, to get the assistance of a watchman, he ran away up Shoe-lane; but he was taken again, and delivered in charge of a constable. (The hat produced and deposed to.)
Edward Sumpter , the constable, deposed, that the prosecutor charged the prisoner with stealing 10 s. from him, that there was a half crown among it, and one Birmingham shilling; that in searching he found such upon the prisoner.
The prisoner in his defence said, he was a watch graver, and worked hard for the money found upon him; that he had been asleep by the prosecutor, and as his hat had fallen from his head, he, by mistake, took up the prosecutor's instead of his own.
He called John Smith , who deposed, he had brought him up from six or seven months old till he was fit to go apprentice; that he was then an apprentice to Francis Stedman , in Clerkenwell; and that he never heard any ill of him in his life.
Mary Heather deposed, that she lived servant to the prisoner about a quarter of a year, in the parish of Islip , about two miles from West-side-bottom; that her family consisted of her master and his brother, a maid-servant, and herself; that the prisoner had made frequent attempts on her chastity, generally two or three times in a week; that once he had almost stripped her naked in pulling her about; that once, as she was sitting in a chair, he threw the chair back against the wall; that the chair was broke in the struggle, in the middle of the ceremony, but that he did commit the crime charged upon him, as she was sitting in it, but never kissed her in his life. Being asked how many children she had had? she said, but one, which was begotten by one Newbury, when be ravished her.
On her cross examination she owned he had before this charged her with stealing two pair of sheets; that she did not cry out at the time; and that she continued in his house and servant some time afterwards.
It was observed by the Jury, that there was no satisfactory kind of proof in order to a conviction.
368. (M.) John Hunt was indicted for robbing Sarah Chambers in a certain open place, near the King's highway, of a linnen counterpane, value 12 s. a silk gown, two aprons, a shift, six handkerchiefs, and 2 s. in money numbered , the property of the said Sarah, Aug. 27 . +
Sarah Chambers . I lodge in Castle-yard. On the 27th of last month, it wanted about a quarter of 9 in the morning, I was coming to London, between Newington and Canbury-house, just by the New-river , Mrs. Jane Cook was with me, the prisoner met us. He first stopt me, and demanded my money; he held a knife in his hand, which he took out from under his waistcoat; he had 2 waistcoats on, but never a coat; I made all the haste I could to get my money out being frightened; in the mean time he went to Mrs. Cook, and took her silver buckles out of her shoes, then he came to me again, and I gave him my money, as I thought, I had 12 or 13 s. 6 d. in my pocket, but when I came before the Justice, I found half a guinea and a shilling in my pocket; then he went to Mrs. Cook and demanded her money, after that he came to me again and demanded my purse, I told him I had none, and held open my pocket that he might feel; then he went to Mrs. Cook and demanded her purse, she told him she had none; then he came again to me and demanded my bundle which I had in my hand, in which were a counterpane, a silk gown, and the other things mentioned. Then he made towards Newington Green, I seemed to follow him, he was displeased and said, I must go back again, then he said, do you go towards Newington Green, and I shall go the other way; he went towards Canbury-house, I stood about a minute, he said, if you follow me, I have another or two of my comrades that will meet me; I followed him, he turned and saw I followed him, he held up what I took to be a knife, then I turned myself as if going towards Newington Green, he ran as hard as he could, and I followed him at a distance, thinking some body or other might come to my assistance; he was got near Canbury-house, when I was got to the last field towards it, I ran as hard as I could, and called, stop thief! a soldier
Guilty Death . Recommended to mercy by the Jury and prosecutrix.
The prosecutor deposed, he lives in Hungerford-market; that on the 23d of July his watch and buckles were missing, about a quarter after 11 o'clock in the day, from out of a one pair of stairs room; that, by inquiring among the pawnbrokers, he found the watch again at Mr. Kates's in Chandois-street.
John Kates deposed, that the prisoner brought it to him the same day between 4 and 5 in the afternoon, he suspecting they were not honestly come by, stopt them; that before Sir John Fielding the prisoner said, it was given to her by one Rawlins, a sailor, to pawn.
The prisoner in her defence said, one Swiney Rawlins, a sailor, gave her the watch to pawn, and that when he found she was taken up, he absconded.
John Buttery . I live with the prosecutrix, she is my daughter. The chairs were handed out of the house by some people at the time of the fire, I cannot say by who, they were found again at the house of Mr. Woolger, in St. George's parish. Mr. Berry sent for the prisoner from New-prison, to hear what he had to say; he said, a woman gave them to him. I know them to be my daughter's property, I have two of the same, they exactly correspond, and the bottoms are numbered, and agree with the others.
William Woolger . I was burnt out at the fire; I went to my brother's house, while I was there, the prisoner brought a book-case and desired leave to set it in there; it was my book-case. My brother lives in the Highway, he is a brazier and broker. I three times asked the prisoner, if that book-case was his own? he answered it was, and he also owned the four chairs mentioned in this indictment, which he brought there, he said he had been working hard for them, and was afraid he should loose his all; I did not know but he would bring more, so I gave him liberty to bring his goods, that I might detect him. At last when he came to take them away, I got an officer and took him up; I then did not know whose chairs they were; as soon as he was charged, he went on his knees and begged for mercy; this was at my brother's house, about half a mile from where the fire was.
Alexander Goodey . I live in Shadwell parish. A man came to me and said, I had no occasion to trouble myself, he would take the chairs and carry them, they were delivered to me out of the prosecutrix's house, I delivered the chairs to him and the bottoms to a woman; I am not certain that the prisoner is the man, they went away together.
Keasey Woolger. My husband is a brazier and broker. The prisoner brought four chairs to our house, I received them of him, he had brought the book-case before; he said, that they were his own, and that he had been at sea, and worked very hard for them, and was very loath to loose them, he begged he might ease his burden, I said he was welcome, he might put them in at the door, which he did; he said a great many times over that they were his own, and he came afterwards to take them away, when he was taken up.
Job Biffin. I am an officer. Mr. Woolger sent for me, he clapped his hand on the book-case and said, is this yours? the prisoner said it was; then
I begged leave to leave them at the door till the owners came for them. I was a little elevated with liquor, but know what I di d.
Guilty . T.
Nicholas Rainforth . I live near the Hermitage , and keep a slop shop . On the 22d of Aug. the two prisoners came to buy sailor's cloaths, but seemed not to settle to any thing; they agreed for a waistcoat and handkerchief, but when they came to pay, they neither of them had no money, they left me a pair of silver buttons and said, they would come again in the afternoon; I saw them no more till the 25th, they said, they were come to pay for the handkerchief and waistcoat and to have the buttons; then Hill said, he wanted some more handkerchiefs, I put down some, and some neck-cloths; I did not like them, and thought I had missed something before. The neck-cloths were soon missing, I seized Hill, my servant came in, and we bolted the door, I sent a porter for an officer; Hill was very saucy, he said he wanted beer and would not stay, he swore he would not be confined, and said he wanted to case himself, and made water against one of the counters; then they josteled up together to the counter, the neck-cloths were immediately cast from them, they were all in one piece of black silk, part sell on the counter, and part behind, and withall an old handkerchief stuck to them, which Hill afterwards said was his property; I could not tell from which they came. (Ten neck-cloths in a piece produced and deposed to.)
After the man missed his neck-cloths, he found them behind the counter, and said he supposed one of us had put them there; we went with the constable and made no resistance.
Hill asked me to go with him; I did not go with a design to buy, but to keep Hill company.
Hill called William Clements , and Thomas Bartholomew , who had known him about six months, that he had come to see them, and behaved well, only had been a little extravagant, he being one that had received prize-money for taking the clermione, and had spent the money.
Both Acquitted .
The prisoner was apprentice to the prosecutor, who is a watch-maker , he had missed money at diverse times; he marked 10 guineas on the 10th of July, the next day the prisoner absconded, and one of the guineas was missing; he was taken by James Brown , in Grub-street, and brought home; he was taken before the Justices at Hicks's-hall, where he confessed be used to take his master's keys from his pocket, when he used to shift his cloaths, and had robbed him for five years in that sort, and, according to the prisoner's account, to the amount of 120 l.
Guilty . T.
James Rowland , the head hostler at the Lemon-tree, at the top of the Hay-market , deposed, that Mr. Jennings left a saddle in his care, which was missing with six or seven others, the owners he did not know; by enquiring of William Mill , a sadler, he found that belonging to Mr. Jennings, which he owned he had bought of the prisoner (who was a helper in the stable) for half a crown, which was worth 18 or 20 s. that he found other saddles, which he had lost, there.
Guilty . T.
Ann Jourdan , widow , was indicted for stealing a pint tin jack, and a knife, val. 4 d. the property of Philip Keys , August 23 . +
The prosecutor keeps the Horse-and-groom in Portland-street , the prisoner went for a pint of beer; she was observed by John Nesbit , who was there, to take the knife first, and the pint tin jack afterwards, and conceal them under her cloaths, and was stopped after she went out, and they were found upon her.
One of the Jury knowing the prisoner said she was often out of her mind.
William Yarrow deposed, that he lives at Endfield Wash ; that the prisoner worked for him about a fortnight; that the prisoner was standing by his chaff-house, there lay a bag, he asked him what he had there? he said, only a few damsons; that he took a little wallet out of the bag, and ran away; then he found a pewter dish, and two plates in the bag, his property, which he had not missed before.
377, 378. (M.) Sarah Smart was indicted for stealing a silver watch, val. 20 s. a silver watch-chain, a silver seal, a pair of silver buckles, and two guineas, privately from the person of William Simner ; and Mary Kirklin for receiving the watch, knowing it to have been stolen , Aug. 17 . +
The prosecutor is a waterman , and lives in Wapping; he deposed, that he met the two prisoners in the Strand, and went with them to their lodgings, and to bed with Smart, a little before 12 at night, on the 17th of Aug. he awaked about 3, and missed his mistress, and the things mentioned, he had fastened the door with his garter over two nails, which was gone; that the two prisoners were taken up, and confessed their being guilty of the several charges.
Thomas Green, a publican, deposed, that there was a soldier and a German woman at his house with the watch, he thought it was not honestly come by, so he stopt it, soon after came in Kirklin, and demanded it as her property; that he found out the prosecutor, and the two prisoners were taken up, that before the Justice Smart said she took all the things, and delivered part of the money and the watch to Kirklin; that Kirklin owned she did receive the watch of the prisoner Smart.
Smart Guilty of stealing, but not privately from his person . T.
Kirklin Guilty . T. 14 years .
Edward Lewis deposed, that he keeps a silversmiths shop in the Borough, the two prisoners came to buy a pair of silver knee buckles, they could not agree, and went out of the shop; that a silver button was missing from among a dozen that lay on the counter; that he followed them, and in Radcliff-highway charged them with taking it; that Barrett took it out of his pocket, and delivered it to him, and said it was the first fact, and hoped the prosecutor would forgive him. (Produced and deposed to.)
Barret, in his defence, said, he found the button on the ground coming out of the shop.
Both Acquitted .
M. Wilson. I was gone to the baker's, and missed the gown when I came home; my child described her to me when I returned, and said such a woman had been in the room and taken it.
I went to the prosecutor's wife for some money due to a neighbour of mine, she bid me take the gown, and pawn it for the money, and she would redeem it in two or three hours.
382, 383. (M.) Thomas Wood was indicted, together with Robert Radford , not taken, for stealing three bushels of coals, value 3 s. and George Lasiene for receiving the same, well knowing them to have been stolen , the property of Edward Wyburd , July 28 . +
Edward Wybard . I live at Tottenham, I deal in coals and corn ; I had information given me by a boy, that this Wood and another had taken two sacks of malt out of a barge of mine, and that Wood had taken out coals; I got a constable, and took him at the ship, there he confessed to me he had taken coals out of my barges, about four bushels; he did declare that Lassene, who lives at Humerton, near the river, did buy coals of him, and before Sir John Fielding he did declare the same, that he set the coals down by Lassene's, and had a pot of beer there at the time.
Thomas Eliment . I saw Wood and Radford leave about three bushels of coals, which he took out of the prosecutor's barge, near the other prisoner's house, and I believe he took them in, but I did not see him.
Wood Guilty 10 d. T.
Lassene Acquitted .
Robert Pantany , a soldier, deposed, that he and the prisoner had been drinking together at diverse houses, they went into a yard in the Hay-market to sleep, about 2 in the morning, that he awaked between 6 and 7, and his regimental hat and the prisoner were gone; that he was taken up, and before the Justice he owned he had taken and made away with it, but could not tell where.
385. (M.) Samuel Upwood was indicted for stealing a deal chest, val. 10 s. three iron saws, twenty-one planes, eight wooden ganges, an oyl stone, a hatchet, two wooden squares, two hammers, three rasps, six files, six chissels, two pair of pinchers, and one wooden mallet , the property of William Perkins , Aug. 4 . +
The prosecutor deposed, that he employed one Robert Row to carry the chest of tools for him to White-chapel; he went the wrong way; the next day the goods were in the hands of a person in Nortonfallgate.
Robert Row deposed, that he had lost the man that was to direct him, and when he had got into Nortonfallgate he pitched the chest there with the assistance of two men, about 9 o'clock, on the 4th of Aug. that he went to two ale-houses, and desired he might leave it in their houses, but they denied him; then he went over the way, and got liberty at another house; that he was absent about half an hour; that upon going for the chest it was gone, he was informed where a man had gone with it, he went and found it on the prisoner's shoulder, going up into his own room, the next day: The prisoner said he did it to preserve it for the owner.
386. (M.) Rebecca Hardimore was indicted for stealing one cotton gown, val. 1 s. two teaspoons, val. 1 s. a cardinal, val. 6 d. two aprons, a table-cloth, a shift, a cap. and two handkerchiefs , the property of Olivia Milford , widow , Jan. 28 . +
The prosecutrix deposed, that she lives in Narrow-street , the prisoner was a lodger in the house, she went out about 11 o'clock, and left the prisoner in care of all at home; that she returned about 2, and missed the things; that she found her again on the 6th of Sept. with her gown, one of her handkerchiefs, apron, and shift on; that she afterwards found the two tea-spoons and table-cloth pawned for 4 s. by the prisoner, to one Simpson, a neighbour; she owned pawned the cardinal at Bow.
Prisoner. It is the first fact I ever did.
Guilty 10 d.
Mary Murray . The prisoner pulled me within side Privy-garden gate , about 2 in the morning, on the 2d of this instant, there was another man with him, he held my hands while the prisoner took out three sixpences, and a shilling out of my pocket; he pulled my cloaths over my head, he wanted to do both things, and because I would not let him, because he used me in such a manner; he took hold of my private part, and used me very ill, and called me a many nasty names; there was one Poll Symonds with me. Mr. Broady took me from the prisoner, and when he left me the prisoner used me worse than before; he was taken up about 100 yards from the garden gate, and I charged him with robbing me, he denied it, he was searched, and 2 s. 4 d. found upon him, he said it was his own money; I saw him give some of the money he took from me to the other man, and said he would get more bye and bye; the other stood by the centinels when the prisoner was taken.
Joseph Broady . I was coming by Privy-garden at this time, there was a great outcry with this woman and another, they said, if I would not assist them, they should be murdered. I took them about ten yards; the prisoner and another man came up and said, they would make me shew my authority, and took them back. I then went on and called the watch; there came three or four watchmen, then I went away.
Prosecutrix. I had no money, so could not bring the watchman.
I was coming by, and stood to talk to the two centinels that stood at Privy-garden gate, this woman and another came by, we began joking, they seeing we were soldiers and would make nothing for them. She began to call out, and said, I had robbed her; I was taken up, but never laid a foul hand upon her, or touched her.
The prosecutor keeps a pewterer's shop in Shoe-Lane , the prisoner was his journeyman ; he was detected in taking the chamber-pot out of his shop; and the bason was found put by under a stair-case in order to be taken away, a private mark was put upon it, and when the prisoner went to dinner, it was missing, he was followed and it was found under his apron.
The prisoner in his defence said, he had the bason in change for a quart pot, as to the pot he said he knew nothing of it.
389. (L.) Abraham Judah was indicted for forging a counterfeit note, with the name of Thomas Hall subscribed thereunto, for the payment of 100 l. with intention to defraud Francis Smith , Feb. 20. 1761 .
The prosecutor was called, but did not appear.
The prosecutor deposed, that he was going down Grace-church-street , on the 4th of Aug. between 10 and 11 at night, the prisoner came on his left hand, and turned his hand round, and took his handkerchief out of his right side pocket, and withall turned his pocket inside out; that he took hold of him, and called watch, none came; that they struggled some time, but at last he got him to the watch-house; he went back to the place, and there found his handkerchief on the ground.
Guilty . T.
391, 392. (L.) George T - and John Tooley were indicted for stealing one pair of men's leather shoes, value 4 s. two pair of two men's pumps, value 4 s. and two pair of women's stuff shoes, value 6 s. the property of James Hutton , privately in the shop of the said James , August 23 . ++
The prosecutor deposed, he lives in Barbican , was a shoemaker ; the two prisoners came in to buy a pair of shoes for Tooley, that in the time he observed T - to take two pair of shoes and put them in his pockets; that he took one pair out of his pocket as he was going, and took hold of his coat and said, he should not go, for he had another pair about him, he then threw down a pair of shoes, then the prosecutor gave him a kick of the breech and let him go; soon he saw they were not the shoes he missed; that after they were gone, he missed three pair; Tooley was taken and brought back, and had but 2 s. about him.
T - in his defence said, when Tooley had tried on a pair of shoes, he said he would put them in his pocket, and Tooley said he would pay for them; the prosecutor told him, he had stole them and took them from him, and gave him a kick of the backside and bid him go like a scoundrel, then he took up a pair of shoes from the bench and threw at him.
Tooley said, he was trusted in his business with silver of great value, as he was a polisher of silver, and was far from being so mean to steal a pair of shoes.
T - Guilty 4 s. 10 d.
Tooley Acquitted .
393. (L.) James Palmer was indicted for stealing four pair of shoes, value 12 s. three pair of women's shoes, value 9 s. and three pair of leather shoes, value 9 s. the property of Elizabeth Hoppy , July 26 . ++
Elizabeth Hoppy keeps a shoemaker's shop in St. Paul's Church yard , the prisoner was errand-boy there about three months, but had been gone away about a fortnight; he had been observed to have a new pair of shoes on, on asing his mother how he came by them. he said she had given him none; then the boy was sent for on the 26th of July, he confessed, as he had spoiled two pair, he was to pay for them, so he went and sold them in Field lane, and that the man told him, if he brought any more, he would pay him for them, so he had stole the quantity mentioned in the indictment, and old them to him.
The prosecutrix's son said, he believed the boy, who was but about teen years of age, to be a very honest boy, had he not been drawn away by that man.
Guilty . T.
The copy of his conviction was read, wherein it appeared he was tried and convicted at the Old Bailey on the 21st of April 1762, for stealing a silver watch, value 2 s. and other things, the property of Thomas Pattison , privately from his person, and found guilty of stealing, but not privately.
William Bodington , the constable, deposed, he had had the prisoner twice in his custody; that he saw him tried and heard sentence pronounced upon him in April sessions 1762, to be transported for seven years.
Richard Fuller deposed, he saw the prisoner at large several times in Cheapside, and on Tower-hill, and the Strand, this last year, particularly on the 18th of April, and that he belonged to the Coventry gang, and was taken there, and brought by a Habeas to London.
The prisoner in his defence said, he was pressed on the 16th of August was 12 months in New-York town in Virginia, and put on board his Majesty's ship Jason; that coming for England, about 50 leagues on this side the gulph of Florida, he and a Dane were put on board a brig, which had lost a couple of hands, to help them, they were bound to England, that they first put into the and then proceeded to London, at the of April, that he then went to Covnery, where he was taken.
Guilty . Death .
The prosecutor deposed, he lodged at the prisoner's mother's house at Ponder's-end; the things were missing; in about three weeks after the prisoner was taken, and upon being charged, confessed he had taken the things, that he had sold the waistcoat for 3 s. and the breeches and coat for 12 s.
Mr. Greenwood and Mr. White deposed to that of this confession.
The prisoner in his defence said, he found the things all in a bundle together near his mother's door.
Guilty . T.
396. (L.) William Death was indicted for stealing one waistcoat with gold lace, value 5 s. and one pair of silk stockings, value 5 s. the property of Thomas Thornton , and one silver watch, value 5 l. the property of Joseph Smith . ++
Thomas Thornton . I lodge at the house of Joseph Smith , in Tower-street . The things were missing out of my room; the prisoner was suspected and charged with taking them; he confessed he had, and pawned the waistcoat to Mr. Popard in Queen-street, Tower-hill. He is son to the late Capt. Death, who commanded the Terrible; I had a great regard for him, knowing him to be of a good family; I was very ready to pass it by, and release him.
Mr. Popard produced the waistcoat, and deposed the prisoner pledged it to him for 4 s.
Joseph Smith . The prisoner had lived servant to me; he left me on the 1st of March, and I did not see him again till the 14th of May; I asked him after my watch, he said he had sold it in the country for 3 guineas; he begged the favour I would not prosecute, fearing his grandmother should hear of it, as it might do him great injury; I did pass it by, but hearing of his other bad behaviour, I took him up.
Smith. I did take a note of him for the watch and other things; I had been a very great friend to him, it was dated the 1st of March.
The Note was for the watch and waistcoat. Mr. Thornton wrote it.
The prosecutors are goldsmiths in Wood-street . It appeared the prisoner being servant to a blacksmith , had put on a lock to a back shop door belonging to a work-shop of the prosecutors, on the 16th of August, and Mr. Bridges a silver-caster in Foster-lane sent to let them know the prisoner had brought the silver to him, to have cast into buckles, on the 24th of August, and upon his asking where he had it, suspecting he did not come honestly by it) he varied in his account, but being taken before my Lord Mayor, he confessed he took it out of Mr. Priest's shop.
The prisoner in his defence said, he found it in the street at the end of Lad-lane.
He called three relations, who gave him a good character, exclusive of this fact.
Guilty . B.
The prosecutor told the Court, she had it in her power, as she was his servant , to have taken a great deal more, and that he believed it her first offence, that she was but fourteen years of age, &c.
Her father promised to take care of her for the future.
399 (M.) Catherine Williams , spinster , was indicted for stealing five pair of linnen sleeves, val. 1 s. one linnen shift, five linnen caps, four hoods, three handkerchiefs, a cambrick apron, a check apron, and one pair of linnen pockets , the goods of Sybilla Mary Lucas , July 20 . +
The prosecutrix lives in Bedford-court , next door to the prisoner, the things mentioned were missing, she suspected her, as being the only person that had been in the house the time they were missing; the goods were found in her room, and she with a pair of sleeves in her hand. The prosecutrix spoke well of her character before this; and Mary Fuller , and Dorothy Fidler , who had employed her, gave her a good character; and the latter proposed to employ her again was she at large.
James Dalton . William Harrison is a lunatick . On the 1st of Aug. I saw the prisoner take a silver watch out of his pocket, in Diot-street, St. Gyles's, the prisoner said he would take care of it, we wanted to get a lodging for Harrison, Harrison is since dead.
Q. Did he take it publickly?
Dalton. He did.
Q. Did you think he was stealing of it?
Dalton. No, I thought he would take care of it for him. Three days after I asked him what he had done with it? he said he left it with the landlord, but would not say what his name was, or where he lived. I took him before a Justice, he then acknowledged he had pawned it at one Davidsons's at Queen-hyth; I went there with the prisoner and two constables, there it was produced.
The prisoner, in his defence, said Harrison desired him to pawn the watch, which he did, and gave him 14 s. 6 d. of the money, and he was to give him the rest afterwards.
401. (M.) Elizabeth Gale was indicted for breaking the dwelling-house of William Burton , on the 1st of Sept. about 12 in the night, and stealing two bags of feathers, one cloth waistcoat, three pair of stockings, one handkerchief, a woollen cloak, and a piece of woollen cloth , the goods of the said William. +
Lower Holloway . He deposed, that the things mentioned were missing in the morning of the 1st of Sept. but could not say his house had been broke open, there being several panes of glass broke before, and he did not know but the casement might be left open; he suspected the prisoner, and found them in an old house which his brother at Stroud Green let the prisoner and her husband live in for nothing.
The prisoner, in her defence, said she bought them of two men and a woman; and she owned she had them when first asked about them. The which the prosecutor allowed to be true.
William Jaque deposed, that he was a linnen-draper in Maiden-lane, Covent garden ; that on the 29th of Aug. about 8 in the evening, the prisoner came into his shop with a little girl about 6 or 7 years of age, she pretended to buy some silk handkerchiefs, she was very difficult, after some time the child said, mamma, I'll go out, and spend a penny; she went out, after which the prisoner would not buy any thing, then she followed the child, in about five minutes after he missed some handkerchiefs; in about an hour after he was sent for to Sir John Fielding, there was the prisoner, and 11 of his silk handkerchiefs. (Produced in court, and deposed to.)
Charles Drake , servant to messrs. Hughes and Batten, deposed, that the prisoner and a little girl came into their shop in York-street, on the 29th of Aug. about 8 in the evening, she wanted to see some kenting handkerchiefs, he shewed her some, on her looking at them he observed her to draw three quantities of them off the counter with one hand, while she was holding a piece up to look at with her other; then the child said her foot was asleep, and her garter was off; she stooped down by her mother, as if to tye it up, she took up the three pieces from the ground, and put them into her apron; then the woman said she wanted a piece of check; he bid her walk to the fore part of the shop, which she did; then he went round the counter, and shut the door, and took the handkerchiefs out of the child's apron; he searched the woman, and found in her apron many silk and kenting handkerchiefs, her apron was full; he took her to Sir John Fielding ; the prosecutor came and swore to these here produced, which were part of them.
The prisoner said, she did not know how the child came by them.
Guilty . T.
There was four other indictments against her of the same nature.
(The prisoner being a foreigner, and could speak but broken English, an interpreter was sworn.)
Patrick Bourn keeps the Blue Posts alehouse in St. Alban's-street : the prisoner lodged with the prosecutor: the tankard and cream-pot were missing about the 21st of July, from out of his bar, and by enquiring about found them in pawn at Mr. Heather's in the Strand. Mr. Heather deposed, the prisoner pledged them with him on the 23d of July. They were produced in Court and deposed to.
Guilty of stealing, but not in the dwelling-house . T.
Guilty . T.
405. (M.) Edward Williams was indicted for burglariously breaking and entering the dwelling-house of William Plummer , Esq ; on the 8th of April , about 12 in the night, and stealing three silver castors, val. 7 l, two silver candlesticks, two silver sauce-boats, two silver pint mugs, four silver saltsellers, a silver cup, a large silver soup-spoon , the property of the said William. *
(L.) He was a second time indicted for breaking and entering the dwelling-house of Andrew Girerdot Lucier , Esq ; on the 3d of June , about one in the night, and stealing four silver teaspoons, one Japan tea-chest, twelve handkerchiefs, the property of the said Andrew, and several other things, the property of David Andre , Esq ; in the said dwelling house . *
The only evidence to the fact in this was Wilkinson.
406, 407. (L.) He was a third time indicted for that he, in company with John Tompkins and Charles Morgan , on the 2d of July , about the hour of one in the night, the dwelling house of Hannah Darker , spinster , did enter, and stealing four silver watches, value 10 l. two watches with shagreen cases, val. 4 l. six pair of silver buckles, val. 3 l. 10 s. and other things, in the dwelling-house of the said Hannah . *
The only evidence to the fact in this was Wilkinson, they were all three Acquitted .
Hannah Darker deposed, she keeps a sale-shop, and deals in plate, watches, &c . in Barbican ; the prisoner come i n and wanted to see a pair of silver buckles, while he was looking at some, George Tucker came in and asked to see a shirt, she did not shew him any, fearing the prisoner should run away with the buckles; Tucker stood some distance in the shop from the prisoner; the prisoner went out with a pair of buckles in his hand, she called, stop thief! Tucker said he would run and take him, they ran away together, and she did not see any more of them, and afterwards she found they were intimate acquaintance, but Tucker was not near the buckles so as to take them, in about 10 minutes after they were gone she missed three pair; the prisoner was taken about three weeks ago; she asked him, if he remembered coming one Saturday night to her shop? he said, It did not signify asking him any questions then, he did remember it; but said no more.
The prisoner in his defence said, he was very innocent.
Guilty of stealing, but not in the shop . T.
408. (L.) John Tompkins was a 3d time, and Charles Morgan a 2d time, together with Samuel Gregory , were indicted for stealing 2 pair of silver buckles, value 40 s. and 2 other silver buckles value 10 s. the property of Thomas Harding , July 6 . ++
The prosecutor is a Gold-smith in the Minories , he deposed, he was not at home when the buckles were taken away, about the 6th of July, but upon returning, found the glass case had been wrenched, and more buckles taken away than had been laid in the indictment, that on Tuesday last he received a letter from the bench of Justices sitting at Hicks's-hall, he went there, and was directed to the house of one Masters, a pawnbroker, there he saw a pair of large silver buckles, which he lost at that time, of his own finishing; (Produced and deposed to) then he was directed to New Prison, there Wilkinson, the evidence, told him he and the three prisoners stole them and others out of a silversmith's glass case in the Minories, near the pump, (which must be the prosecutor's shop) he heard Tompkins, on his reexamination, acknowledge before the Justices that he begged a piece of wire at a tin shop, and crooked it, and forced up the glass so as to hook out the buckles with the crooked wire.
Gregory, and Morgan Acquitted .
409. (L.) Isabella Watson , spinster , was indicted for that she, together with another person, unknown, did put George Grace in corporal fear and danger of his life, in a certain dwelling-house near the king's highway, in the parish of St. Bride's, and violently taking two guineas from his person, his property , July 28 . ++
George Grace . On the 28th of July I was going home to the Bull-and-gate, in Holborn, from White-chapel, about 2 in the morning; going down Fleet-lane stood two women, one of them asked me if I would go and see her lodging; I said, with all my heart; I went with her, she asked what I would drink? I said, a pint of porter; she said, she would have a pint of wine; I said, I could not afford it; then the
William Chamberlaine, the constable, deposed, that the prosecutor and prisoner were brought to the watch house, he gave charge to him of the prisoner, for robbing him of two guineas, upon which he, and Thomas Newbury , went to the house, and in searching the room, where the robbery was said to be, Newbury found two guineas in an old chip hat, between the sacking and the bed; that before they went the prosecutor had told them one of the guineas was a little crooked, and one of them appeared as he had before related. (Produced in court.)
The prosecutor being asked, said his money could not have fallen out of his pocket at all, his breeches not being unbuttoned, and that he had not been in the room above three minutes before they robbed him.
The prisoner said nothing in her defence.
Guilty of stealing the money , T. Acquitted of the robbery.
410. (M.) Ann Edgar was indicted for stealing one quilted petticoat, val. 6 d. one cotton gown, val. 2 s. one pair of silver buckles, val. 2 s. one gold ring, val 7 s. seven linnen shifts, seven linnen handkerchiefs, four linnen shirts, two linnen bed-curtains, a linnen bed-valence, a linnen teaster, six linnen caps, a Cambrick apron lac'd, a pair of cotton stockings, a muslin apron, two yards of long lawn, one silk handkerchief, and two linnen sheets , the property of John M'Geary , July 13 . ++
The prosecutor deposed, he lives on Little Saffron-hill ; the prisoner was his servant. The things mentioned were missing when he and his wife were not at home, and the prisoner gone; that he found her on Addle-hill, where her mother and aunt live; she immediately owned, her aunt had pawned several of the things, and that some were on her back, and some in a bundle. (The ring and bed-hangings produced and deposed to.)
Catherine his wife deposed, the prisoner when taken had on a petticoat, a cotton gown, a pair of silver shoe-buckles, a lawn handkerchief, her property; (produced and deposed to) that three or four shirts, a pair of sheets, a pair of cotton stockings, three aprons, the bed-hangings, two yards of long lawn, and a handkerchief, were found in a bundle, (produced and deposed to) and the other things at Mr. Rodbert's, a pawnbroker in Black Fryers.
The prisoner in her defence said, she was egg'd on to do it.
Guilty . T.
Henry Woaden , the constable, deposed, he had the prisoner in charge on the 14th of July for being concerned with Ann Edgar in pawning the goods knowing them to have been stolen; that when Edgar and she were before Mr Alderman Blunt, Edgar said to her aunt, how could you think I got the goods honestly? the old woman said, as she had before that; the girl said, she brought them from some other person for her to pawn.
John Isaac , the servant to Mr. Rodbert, a pawnbroker in the broad place Black-Fryers, deposed, the prisoner pawned a shift, a shirt, a muslin apron, four handkerchiefs, two sheets, a pair of worsted stockings, in her own name, in the whole for about half a guinea.
The prisoner in her defence said, she knew nothing of the affair; that Edgar brought the things to her, and said, a woman wanted money on them, and desired her to pawn them; that the gentlewoman did not care to come herself.
Guilty . T. 14 years .
John Wilks , who keeps the Cock, in Aldersgate-street, deposed, that he had seen the two prisoners at the bar come after Fuller, the evidence, to his house very frequently, at different times of the day.
When I come to town I used to put up in Tyburn-road, I have been at Mr. Wilks's once or twice, there I may have seen this other prisoner, as I might see another man, I never had any connections with him in my life.
I know nothing of the evidence, Fuller, nor do I remember I was ever in the house he speaks of in my life.
See him tried No. 174, in this Mayoralty, by the name of George Clark , for privately stealing bank notes, the property of Thomas Elrington , Esq; See also that of Brinklow's No. 289. for the same fact.
Both guilty of stealing, but not privately . T.
414. (M.) Mary Short , otherwise wife of John Squale , was indicted for stealing a copper tea kettle, value 2 s. a sauce-pan, a blanket, a sheet, and a flat iron , the property of John Scurry , Aug. 15 . +
It appeared, the goods were let with a lodging to the prisoner, and the indictment not being laid according to act of parliament in that case, she was acquitted .
There were two other indictments against her, but the prosecutors not appearing, she was acquitted .
415. (L.) James Brown , otherwise James Smith , was indicted for that he, in Middle-Temple-Lane , in the King's highway, on Ralph Hodson did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one silver watch, val. 3 l. one pair of silver shoe-buckles, one pair of metal buckles, and one pair of shirt sleeve-buttons , the property of the said Ralph, July 30 . ++
Ralph Hodson . I live at Mr. Townsends', a woollen-draper, the corner of Durham-yard, in the Strand. On the 30th of July, between the hours of 9 and 10 at night, coming out of the city, a little in liquor, I stood leaning on a post in Middle Temple-lane to vomit, the prisoner at the bar passed and jostled against me, which caused me to look up; he laid his hand on mine, which was on the post, and asked me to walk down the Lane with him, saying the air that came from the water would make me better; I was perfectly able to remember all that passed; I went with him half way down the Lane, he kept about four yards before me till we got within about seventeen yards of the bottom; I turned to the waterman's bench to make water, on hearing him attempt to open the gate I turned about, and saw him walk very fast towards me; he violently seized me by the collar with one hand, and by my penis with the other, and said, By G - d, I have got you, you are a sodomite, and if you will not immediately consent to give me your money, I will swear that to your charge that shall hang you. I pushed back, and got his hand loose from me, and asked him what he meant? he said, Make no resistance, young man, I am not unarmed, which put me in fear of my life; he took my watch out of my fob; he having me by the collar pushed my head against the wall, and set my foot against the bench, while he took my buckles out, and a pair of buckles from my knees, one pair silver, the other steel plated with silver, and likewise a pair of silver stone buttons out of my sleeves; after which he said he would charge the watch with me, if I made any resistance or discovery, and carry me to Sir John Fielding 's, he being employed by Sir John, having half a guinea a week and 3 l. for every disorderly person he might discover or apprehend, which was allowed by act of parliament. He kept hold of my collar, and swore by G - I should go along with him; on
Q. Did he give any reason for your going with him?
Hodson. No, not then, but insisted on my going with him; he there asked me to drink, which I did not; he there saw Morris, a chairman, and asked him to drink, which he did, and left the box. Then he told me the watch and things he had got of me were of no value, and insisted on having 3 l. and he would return the things, and there should be no more of it; (he spoke low, that none could hear but myself) in consideration that he would return the watch and buckles, I told him I would endeavour to get the money of a friend. I recollecting the face of Morris, the chairman, that he had brought Mr. Hanway to my master's house, I asked him to go along with me; then Brown paid for the beer; we three went to Mr. James Sedway 's, at the Heathcock, a publick house in the Strand; the prisoner kept hold of my coat all the way, the chairman followed at some distance; Brown called for a pint of beer, we set down, he bid Morris have a pint to himself in another box; after which I asked Mr. Sedway to lend me 2 guineas, which he did, and saw me give it to Brown; he said, by G - that man will lend you 10 guineas, so insisted on having one guinea more, upon which Mr. Sedway lent me another, which he saw me give to the prisoner; I then asked Brown to let me go home, for I should lose my place and character, and desired him to return me my watch and buckles; he said he would not, for I was as much in his power now as ever, and I should never have them. He paid for the beer, and we went out, Morris following a little after; he swore I should not go home, but go with him; he took me to the Cock and Bottle in the Strand, and there called for a shilling's worth of punch, pen, ink, and paper, and said, by G - you shall give me a note of hand for 2 l. more, and I will return you your things again, and never speak to you if I meet you in the street, and take no notice of you for the future; he brought me the pen, ink, and paper, I denied giving him the note; he took it to the landlord, and desired him to write it, which he did, and Brown, in a low voice, swore, by G -, I should sign it; there was nobody in the room but the chairman; I set a name to it, which was William Thompson , by which I thought to get home, and be no more troubled with him, he swore he would see me home, he would not give me any thing again. Accordingly he saw me home, and appointed to see me the next day, at 10 o'clock, to pay the note, at the Hole in the Wall, in Chancery-lane, or he would swear to me, and get the 3 l. reward. I went the next day, and he was there, so he went with me to Morris's house, he was in bed, I desired him to go with us, (he knew where the chairman lived) and he was with us every time. I desired Morris to go with us to Mr. Arbuthnot's house-keeper, this was on Sunday morning the 31st, I went to her to borrow money to pay this note, he threatened to swear my life away if I did not give it him; I gave him the two guineas at the Hole in the Wall, before Morris came, I had that of my own; immediately upon this he insisted upon my giving him five guineas more, for he was going out of town, and would never return again, and insisted on my meeting him at the Thatched House that afternoon; I went home to my master's, and dined, and staid there till 5 o'clock, and then carried five guineas with me, which I had by me; then I asked him for my watch and things, he would not give them me, but said it was in his power whether he would give them me or not. We parted, and I went home, and heard no more of him till Saturday the 6th of Aug. when he sent Morris with a note to my master's house, for me to meet him at the Hampshire Hog, in the Strand; I went to him, he said he had spent all his money, and had taken a place in the Nottingham stage, to set off at 11 o'clock, and insisted on my giving him two guineas and a half more; he said also he had never a shirt but that on his back, and that he would have two shirts, and one linnen handkerchief of me; I told him I had no money, nor friend of whom to get any; he swore that any body would give the last farthing they had to save their lives, and insisted upon my pawning some of my cloaths; I told him I had none that I could spare; he said he would go with me to my master's house, and make me take them to the pawnbrokers, I took a coat and waistcoat, and pawned them for two guineas, at a pawnbroker's in Chandois-street, I dont know his name, and 8 s. I had, which I gave the prisoner, which made 2 l. 10 s. after which the prisoner and I went to the Hampshire Hog, there he insisted upon my giving him a note for 5 l. more, which I told him I would give him, but never pay it so long as I lived; I gave him a note of 5 l he paid for the liquor, and was in haste to go to the stage, he said he would never ask me for the money for the note. On Tuesday the 9th he sentAnn Deighton , (she being a friend and particular acquaintance) to come to me, she came accordingly, and said, she had shewed her master the letter; I told her a man had put me in there for a 5 l. note. Soon after she was gone Mr. Arbuthnot came to the spunging-house, and spoke loud, and threatened the people, withall telling me if I would tell him the truth, I should find him my friend, saying, he believed it to be a false debt, because he, or some of his family, had seen Brown lurking about his house; upon which I plucked up a courage, and told him the truth, the same as I told the court now.
Q. Why did you not mention it before?
Hodson. Because he swore, he would swear sodomy to my charge, and take my life away.
Q. As you was in liquor, was you sensible enough to know what passed?
Hodson. I was enough to know all that passed, I am certain of it.
Q. Had you seen the prisoner before?
Hodson. No, never in my life,
Q. In what situation are you in with your master?
Hodson. I am shop-man.
Q. How long have you lived with him?
Hodson. About seventeen months.
Q. What wages?
Hodson. Ten pounds a year.
Q. In what situation of life was you before you came to this gentleman?
Hodson. I lived with my father, who is a farmer, near Durham, till I came to my master; I was brought up in the country-business.
Q. Had you any school-education?
Q. As you had so small wages, how came you by so much money?
Hodson. I brought twenty guineas with me to London.
Q. You say you was not so far in liquor but you knew what you did, pray, tell me, how you came to go so far as you did, down a dark place, to the bottom of a lane, with a man you never had seen before?
Hodson. I thought his advice was good that the air off the water would be serviceable and do me good.
Q. I should have thought you would not have ventured yourself down such a place at that time of the night?
Hodson. There were many people passing at the top of the lane; when I went down I was very sick.
Q. When he first threatened you with that dreadful accusation of sodomy, did it frighten you to that you was absolutely in his power?
Q. Morris you say was drank to by the prisoner at the bar, you did not take notice of that at first, how happened it that you desired to have Morris with you?
Hodson. Upon recollecting his face, and being afraid to go out with the prisoner alone, I desired him to go along with me.
Q. You spoke of a note, what was that first note that was brought to your master's house?
Q. Have you got that note?
Hodson. No; I tore it immediately.
Q. Recollect the contents.
Hodson. It was only to desire me to meet James Brown there.
Q. The first time that he carried you into a public house, did you think yourself safe there?
Hodson. I did, but not safe from his oath that he swore he would lay to my charge.
Q. Did you see any weapon about him the time of the robbery?
Q. from the prisoner. Why did not the prosecutor have me taken up in the Spunging-house when I was under lock and key?
Hodson. He was taken up as soon as Mr. Arbuthnot heard the affair.
Morris. I brought him to the house of the prosecutor's master.
Q. You have heard the account of being at public house, with the prosecutor and Brown, is that true?
Morris. It is.
Q. Did you know the secret that was between them?
Morris. I did not.
Morris. I did, he was a grenadier in the same company that I belong to now.
Q. About the 30th of July do you remember seeing any body at the Coach and Horses in the Strand?
Morris. Brown and the prosecutor came in while I was drinking with the landlord, they called for a pot of beer, the prisoner asked me to drink; the prosecutor asked me to go down into the Strand with them, we went in at the Heathcock.
Q. When at the Coach-and horses did you take notice of any business between Brown and Hodson?
Morris. What was spoke was in whispers, tho' not much; they called for a tankard of beer at the Heathcock, and ordered me to call for a pint, and set in a box by myself. The prosecutor asked the landlord to lend him two guineas, after that he asked the landlord for another guinea, which he lent him, I did not see what he did with any of it; I drank my pint of beer, and they their pot, and went out very quietly; I said, it is very odd I be not paid, somebody should pay me for my trouble; we went over to the Cock and Bottle, and there had a shilling's worth of bumboe, or rumboe, or punch; they both began to write a note, and neither of them could write one rightly; they asked the landlord to write one, the landlord was in a back room, I think the note was wrote there, he brought it, and Hodson, I believe, delivered it to the prisoner.
Q. Did you see Hodson sign it?
Morris. I did not see him have the pen and ink.
Q. Who paid for the liquor?
Morris. I cannot tell.
Q. Did they both go out together?
Morris. They did; the prisoner said, he would see the prosecutor home. I asked the landlord, if the liquor was paid for?
Q. Did you know what the note was to be for?
Morris. No, I did not. The next morning, being Sunday, I was laying in my bed the prisoner and prosecutor called me up.
Q. Where do you live?
Morris. I live in Cursitor-street, Chancery-lane. They wanted me to go with them into the Strand; I got up, and went with them to the Hole in the Wall, in Chancery-lane, to have a tankard of beer; after that they went into the Strand, and from thence to White-hall, by Lord Pembroke's, in Privy-garden, to Mr. Andrew Stone 's house, where Mr. Arbuthnot's housekeeper was.
Q. Did Hodson go in without Brown?
Morris. Yes, Brown staid by the centinel-box without; after that we went into St. James's Park, by the bird-cage walk, the gentleman's back door comes into the Park; Hodson knocked at the door, that is all I know that passed there; we went up the Strand again, Hodson went in and got a shirt for the prisoner at the bar, at the corner of Durham-yard, I saw him give it him. Some time afterwards Brown sent me with a note to the prosecutor.
Q. Where did you see Brown?
Morris. I ply at Temple-bar, and have done years, he came to me there.
Court. Tell the words he said to you when he brought the note.
Morris. He desired me to carry it to the man I had seen before with him, to the corner of Durham-yard; accordingly I carried it, and left the prisoner at a public-house, I think the Hampshire Hog.
Q. Suppose you had not seen him at the door, how was you to have given the note?
Morris. I was to have given the note into his own hands, and to nobody else. When they came to the public-house they talked about money, the prisoner at the bar desired a note for money; they went out together, and left me there, they returned in about 10 minutes, and, to the best of my knowledge, he gave the prisoner a note for 5 l.
Q. How came you to know the sum?
Morris. They desired me to sign my hand as a witness to it, I heard them mention the sum of 5 l. then they parted, I saw nothing of them till the prisoner came to the Coach and Horses to enquire for a bailiff.
Q. Is this your hand writing?
Morris. Yes, I was witness to this note.
Q. When was that?
Morris. I believe it might be three or four days after, the landlord shewed me where a bailiff lived, which was in Clement's-lane.
Q. Did he mention his business?
Morris. He did not, he said he was going to serve a copy of a writ
Q. Did he say who it was to be serv'd upon?
Morris. No, he did not. I went to the bailiff, he desired me to go along with him, and sent me to fetch the prosecutor to the Green Man, in Half-moon-street, I lit of Mr. Hodson at his master's door, the message was that Brown wanted to speak to him; he came along with me, they
Q. On your oath was you ever privy to what passed between the prisoner and Hodson?
Morris. I know no more than I have mentioned, I did not know the business that was between them.
Q. What did you think of it?
Morris. I thought it to be a debt.
Q. How long have you known the prisoner?
Morris. I knew him when we went on the expedition to France.
Q. Was the prosecutor in any remarkable confusion?
Morris. I saw nothing at all particular.
James Sedway . I keep the Heathcock in the Strand; this day 7 weeks, between 11 and 12 at night, Mr. Hodson and the prisoner came into my house; I knew Mr. Hodson by his living with Mr. Townsend; they asked for a pot of beer, there being no company in the public room, they sat down there, believing him to be an honest man I brought the beer in a silver tankard, afterwards the chairman came in, and called for a pint of beer; I brought him a pint to a separate box; in about 8 or 10 minutes, Mr. Hodson asked me if I would lend him two guineas; he seemed to be much frightened, and in a consternation; I lent him two guineas; he trembled in a very bad manner; I saw him give the prisoner the 2 guineas; I kept walking about the room, and was as attentive as I could, thinking there was something extraordinary; in about 5 minutes after he asked me to lend him another guinea; I gave him another, which he gave the prisoner at the bar; they staid but about 5 minutes.
Q. Who paid for the beer?
John Arbuthnot , Esq; On the 9th of August, in the evening, about 10 o'clock, being at supper, this servant, who had been my housekeeper near ten years, (but at this time servant to a lady who was at my house) brought me up a letter, which she said she had received from a young man who was son of a reputable farmer near Durham, and shopman to messrs. Townshend and Altham in the Strand, the purport of the letter was, that he was arrested on a note of hand he had given, was then in a spunging-house, and desired her to send him 7 l. 10 s. to discharge the debt. I advised her not to send the money, but desired to see the person that brought the letter; (suspecting indeed at that time that the lad was connected with some set of sharpers; she said there was a bailiff, and a lawyer; when they came into the parlour, the prisoner, who had called himself the lawyer, said he was only an acquaintance of the prosecutor, who had sent for him two hours before to the spunging-house, and desired him to come with the bailiff to get the money from my servant; at this time I thought the behaviour of this pretended friend very suspicious. I then asked the maid-servant how long she became acquainted with the young man, the prosecutor? and whether she believed him honest? She told me she was intimately acquainted with his parents, who were very creditable people near Durham, and had always had a very good opinion of the lad; in consequence of this, I told the bailiff if he would let the young man go home to his master that night, I would be answerable for his appearance the next day, or would pay the money myself: the bailiff readily agreed to it, and promised me he should certainly go home; on which the prisoner immediately turned to the bailiff, saying, what! will you let him go without the money? but that is your affair, not mine. This gave me strong reason to suspect a fraud; and the bailiff seeming then to make some difficulty, I said I could do nothing more in it. The maidservant, anxious to get the lad home to his master, desired to have a man-servant go with her to the spunging-house, accordingly they set out immediately with these two men; some short time after they were gone, I began to be apprehensive that the poor girl might be ill treated by these fellows, I determined therefore with Mr. Leyborne, who was at supper with me, to follow them: (Mr. Leyborne is now in the country, or he would have attended here) when we came to the spunging-house, and asked for this young man, the prosecutor, they either did not, or would not understand, but threatening to go to Sir John Fielding , who would oblige them to produce him, the bailiff, who had been at my house, appeared, and immediately the young man was produced, who seemed much frightened, but as much rejoiced to see people whom he had reason to believe were come to his assistance. We went into the fore parlour with the young man, and were followed by the man who kept the spunging-house, the bailiff, and a woman; I asked if my servants had been there, they answered, they were returned to my house, to borrow the money of me, that the plaintiff would not release him till the money was paid down; we asked the lad what the debt was for, told
Q. Had you learned what it was for?
Mr. Arbuthnot. I found it was for a note of hand, and insisted on seeing the note; they told me the plantiff (as they called him) had it; I asked who he was? they said, it was the person who had been at my house; we said, we were convinced it was a fraud, and that the lad should not pay a sixpence of it; we told the young man if he would tell the truth we would procure him justice, if not, would leave him there; on this (while Mr Leyborne was talking to the people of the house the young man whispered me that he would tell me the whole affair; I then desired the people to withdraw, and leave him alone with us; they went out, and he told us the affair, just as he has now related it in the mean while we heard a great noise in the other room, and found the master of the house was turning the people out of his house; he immediately came to us, told us we must go out of his house; that unless we would stay all night, we should stay no longer there.
Q. What did the prosecutor tell you?
Mr. Arbuthnot. He told me that this man the prisoner came to him in the street when he was sick; that he was in liquor; that the prisoner persuaded him to walk down some lane with him, what lane I cannot recollect, nor do I remember that he mentioned any thing of the air off the water; that as he was making water, the prisoner seized him by his penis, and took the things mentioned from him, and said he would charge him with sodomy, if he did not give him a sum of money; that he brought him back to a public house, and made him give him money, and had continued to do so from time to time, I cannot recollect the particulars, for in less than five minutes time the fellow turned us out of the house.
Q. Did he go so far as to say, that this note was one of those that this man at the bar had extorted from him, before you was turned out of the house?
Mr. Arbuthnot. He did, he said this was one for which he was arrested; that he had from time to time given him several notes, that as one note was cancelled, he obliged him to give him another. I had indeed almost forgot to mention these very material circumstances, but the sequel of my evidence will make it appear, that he related the whole affair to me as minutely as the short time we were permitted to be with him, could allow of. When we were turned out of the house, we determined to go to Sir John Fielding , but finding it too late, resolved to go to the lad's master, Mr. Townsend, we told him the whole affair, as he had related it to us, and the part we had acted in it; the high opinion Mr. Townsend had of the lad, induced us the more to proceed, and accord ingly we appointed to go with him the next morning to Sir John Fielding , who told us he could not grant a warrant against the prisoner without an information from the lad, and that sending for him would give an alarm, that we must endeavour to apprehend the sessions; I then determined to go myself to the house (under pretence of paying the note to seize him, and Sir John Fielding sent a constable to Exeter Exchange to be ready if I wanted assistance. As I was going into Mr. Townsend's shop, to ask Mr. Altham to go with me, the prisoner passed me in company with one or more root-soldiers, I ran after him, seized him, and carried him before Sir John Fielding . When he was asked his name, he said it was Brown, on which Sir John said, is it for this I saved your life, when you was condemned at the Old Bailey for an offence of the same sort? his answer was, he assured him, that he had behaved extremely well ever since; he said, the Regiment he was in was broke. He was ordered to be searched, and in his pocket this note was found, which he said was a note the prosecutor gave him, on which he was arrested, and carried to the Spunging-house. Before Sir John Fielding came in, he felt in his pocket, and pulled out two letters, one for Mr. Townsend, the other for my servant, which he said he had received from the prosecutor, and was going to deliver. Sir John Fielding then sent for the prisoner out of the Spunging-house, Mr. Townsend took him home, and there he has remained ever since; finding the lad had so good a character, I made it my business to enquire very minutely into every circumstance of the affair.
Mr. Townsend. The young man the prosecutor is servant to me.
Q How old is he?
Townsend. I believe he is about 25 or 26 years of age.
Q. How has he behaved with you?
Townsend. He has always behaved very well since I knew him. I believe he is a very honest young man, he has been in town about 13 or 16 months.
John Fielding from the Spunging-house?
Q. What do you think of him as to his ability, I mean as to that of understanding?
Townsend. I think he is a very honest man, but not the brightest.
Mr. Hanway. I live at Mr. Townsend's. As to the prosecutor I have always thought that there was something of a peculiar simplicity in him, he appeared to me to be a man in whom there was no guile.
Q. to prosecutor. Look at that watch, do you know it?
Prosecutor. This is my watch, the same that I was robbed of that night by the prisoner in Temple-lane; here are two seals on it, one is mine, the other is not.
My Lord, I find my character was taken away about three years ago. After this man found I was come to London and had no friends, he was persuaded to swear a robbery against me to save his own life; I am informed he was told it might easily be done. As to imagine that if I had robbed this man, I would have arrested him and put him into a Spunging-house, is quite out of character. My Lord, I was drinking at a public house, the Antigallican and had had two or three tankards of beer in the back-room, there was a whitewasher in the house, making some alterations in it, we played several games at draughts, first for a tankard of beer, then a shilling, then we departed from that place, and came to the Coach and Horses at Temple-bar, there the prosecutor called for two pots of beer, then we departed, I have seen him from time to time; after that meeting him in the Strand, as I came over in order to be a chairman at Temple-bar, I was to give a guinea and half to be broke in, we drank together and parted friends, I never attempted to rob him in my life, we were intimate together; as we were walking up the Strand once, he said he had fallen down and broke his watch, and desired I would carry it to the watchmaker and get it mended for him; I said, no, you are sufficient to carry it yourself; I believe he gave it to some chairman to carry it to the watchmaker. There is a woman that heard Morris say, that the prosecutor would give him money to appear against me, and I sent her after Morris in order that she might speak the truth.
For the Prisoner.
Q Do you know Morris?
Matthews. No, I do not.
Q. Should you know him, was you to see him?
Matthews. I should. (six or seven men were all brought in together.)
Court. Look him out, see if you can see him.
Matthews. I see him (pointing to Morris.) I saw him at Newgate talking to the gentleman through the gate yesterday, which was Friday.
Q. What gentleman?
Matthews. The prisoner. I heard Mr. Brown ask him, if he had not seen the prosecutor give him a shirt? but I could not tell whether it was a ruffled one or not; I heard say, when I went of a message for Mr. Brown, where the gentleman lived; I did not see him.
Q. Did you hear Morris say any thing more?
Matthews. I heard Morris say, they could not hurt Mr Brown.
Q. to prosecutor. What did you do for buckles and buttons all the way you walked till you went home?
Prosecutor. I walked without, with the staps of my shoes hanging down, and put my straps within my upper-leathers.
Q. What did you do for money?
Prosecutor. I had no money in my pocket; I don't always carry money in my pocket when I go out.
Guilty . Death .
As soon as the Jury had delivered in their verdict, the right honourable the Lord Mayor returned Mr. Arbuthnot the thanks of the Court, for the spirited resolution which he had exerted in prosecuting this great offender to justice.
There the prosecutor, Parker, had been on a message for his master to Westminster, and was returning home, going up the Bird-cage-walk, about 6 in the evening, Nov. 28, 1759, T. Brown came up to him, and began talking of the fine evening, and warm
Henry Turner , servant to Lord Harcourt, happened to be going that way, he saw T. Brown join company with Parker, and J. Brown and Matthews scusking from tree to tree; suspecting villany was going forward, as he had detected J. Brown but the 1st or 2d of Aug. before, in a crime of that sort, and knowing him to be a desperate fellow, and that J. Brown knew him, he kept at a distance, and saw all that passed as before related; that he went to them when with the centinel, and bid Parker not be afraid, he saw all that passed, and would stand by him; J. Brown intreated him to go about his business, and not to trouble his head about it, and threatened to swear sodomy against him, and charge the centinel with him, and if he appeared in the affair, and he could catch him from home, he would swell his head, so that he should not be able to go about his business.
Mr. Anthony Gifford , in whose service Parker lived, gave him the character of an honest faithful servant as ever lived; and added, that before Justice Fielding J. Brown wanted to be admitted evidence, and could readily tell where to find T. Brown. That when T. Brown was brought he acknowledged there had been 500 of these kind of robberies done there, and mentioned abundance of gold and silver laced waistcoats, which they got from people whom they thus charged; and J. Brown, at the same time, acknowledged they had stripped one man quite naked.
J. Brown was found guilty, and received sentence of death, but afterwards received his late majesty's pardon.
T. Brown had the good fortune to be acquitted.
416. (L.) Elizabeth Jones , spinster , otherwise Elizabeth wife of - Jones , was indicted for stealing twenty-eight yards of printed cotton cloth, val. 6 l. 6 s. the property of John Cancellor , privately in the shop of the said John , Aug. 6 . ++
The prosecutor being out of town at the time it was taken, could only swear to the cloth as his property.
Thomas Rossiter Carter deposed, that he was apprentice to the prosecutor, who is a linnen-draper in the Poultry ; that on the 6th of Aug. between the hours of 6 and 7 in the afternoon, the prisoner came into the shop, and asked to see some printed linnen; that he shewed her some, they could not agree for price, and she went out; in about five or six minutes after he missed a piece of printed cotton from off a pile of Irish, and went out after her, and overtook her in St. Martin's le Grand; that he put by her cardinal, and saw a parcel tied up in a silk handkerchief, and seized them, and out fell the piece of cotton, a piece of muslin, and three pieces of silk handkerchiefs; that as he had called stop thief, the mob came to his assistance, he carried her to his master's house, and she was committed.
Being asked if any body was in the shop when she came in, said, the journeyman was serving two women on the other side the shop, and that one of the women went out before her.
Major Purslow deposed, that he saw the evidence endeavouring to pull the parcel from the prisoner, in St. Martin's le Grand; she appearing well dressed, he asked him by what authority he did so? he said, they were his master's goods; that he being a young man, he went to see that he got her safe to his master's house, and carried some of the pieces that fell out, and delivered them there; that though she had the appearance of a gentlewoman, by the time she got to Woodstreet-compter she began to swear and fight.
The prisoner, in her defence, said, after she was gone out of the shop a gentlewoman came up to her, and said, Madam, I saw you in such a shop, where I bought some things, will you be so good as to hold these things while I go to a necessary, which she did, and the young man came and charged her, and she supposed the woman saw it, and made off; that she told him she had received it of another woman, when he came to her and asked her for it.
Guilty of stealing, but not privately .
Charles James . I am a linnen-draper , and live at the corner of Queen-street, Cheapside ; on Saturday in the afternoon, the 6th of Aug. about 4 or 5 o'clock, the prisoner came into my shop, and asked to look at some muslin, my apprentice served her; she bought a quarter of a yard, I changed her a 5 s. 3 d. piece, and she went out. My apprentice can give a farther account.
John Dearing . On the 6th of Aug. about 6 in the evening, a woman came into my master's shop, and wanted to see some yard-wide muslin; soon after came in the prisoner, and wanted to see the same sort; I shewed some to them both, the prisoner wanted a quarter of a yard, she had it, and paid for it; the other person wanted to see some handkerchiefs, and another customer coming in I called my master, he was in the compting house; he gave the prisoner change for a 5 s. 3 d. the prisoner went out of the shop, the other person bought a yard and one eighth; I did not miss the piece till after they were both gone. After that I was going down the Poultry, and seeing a mob at Mr. Cancellor's door I went in, Mr. Cancellor desired me to look at a woman there; (which was the prisoner I knew her directly; there was this piece of muslin, (producing it) my master's property.
Q. Is this a piece you shewed to the prisoner in your shop?
Dearing. No, it is not; I took it out to shew to the other woman?
Guilty . Death .
417. (M.) Christian Read , spinster , was indicted for stealing one linnen shirt, val. 1 s. one linnen shift, val. 1 s. and one cotton and silk handkerchief, val. 2 s. the property of Humphry Fort , Aug. 25 . *
The prosecutor lives in St. Martin's parish , his wife had been gone out about 6 minutes; she was told by a neighbour a person had been in her apartment; she went out, saw the prisoner running, and took her with the things mentioned upon her.
Guilty . T.
There were two other indictments against her.
The prosecutor missed the money mentioned, the prisoner lived at the next door to him, he suspected her, and charged her with it; she confessed she took it, and how she laid it out.
Guilty . T.
The prosecutor was called upon his recognizance, he did not appear. Acquitted . His recognizance was ordered to be estreated.
420, 421, 422. (M.) Edmund Nicholson , Roger M'Dorman , and William Black were indicted for breaking the dwelling-house of William Plowman , on the 25th of July , about the hour of 1 in the night, and stealing one walnut-tree tea-chest, six silver tea-spoons, a copper tea-kettle, six china cups and saucers, a pewter spoon, three drinking glasses, a tea-pot, and a gallon of rum, the property of the said William, in his dwelling-house . *
The prosecutor had taken the Old Coach-makers-arms in Long-acre , but had not become an inhabitant in it; he had brought a quantity of rum, and little more than the things mentioned in the indictment, on the 25th of July, he thought, but was not certain, whether he locked the sore door, he left it about 12 at night; the next morning at 7 he went, and found a watchman's lanthorn and staff, and part of a pot of beer; after some little time Black came in, and said he had been to get a dram, and said the lanthorn and staff were his; that he had found the door open, and a person unknown to him gave him charge to take care of the house. Soon after he missed the things mentioned in the indictment; after that he took Black, who said
Nicholson Guilty of stealing only , T.
M'Dorman and Black Acquitted
423, 424. (M.) John Robinson was indicted for stealing two pieces of callimanco, containing twelve yards, val. 10 s. and one pound weight of coffee, val. 3 s. the property of persons unknown; and Rowland Jones for receiving the name, well knowing it to have been stolen , July 23 . ++
There being no evidence to the fact against the principal, except Frazier, an accomplice, they were both Acquitted .
(M.) Robinson was a second time indicted for stealing seventy pounds weight of moist sugar, val. 20 s. the property of persons unknown, July 23. ++
The sugar mentioned was found in the room where the prisoner lodged. Frazier, the accomplice gave an account that the prisoner and he stole it at sundry times; but there being no witness of credit to the fact he was Acquitted .
See him tried last Sessions, No. 280; see Frazier tried also, No. 313.
425, 426. (M.) Esther Levingston was indicted for the wilful murder of Peter Dove ; and Archibald, her husband , for aiding, assisting, abetting, comforting, and maintaining her to commit the said murder , Aug. 20 . *
Matthew Lemond . The man at the bar is a coal-heaver , and lives in Eles's-yard, in the Minories. I being a constable was sent for on the 20th of Aug. from the watch-house, about 11 at night, they told me one Mrs. Ashby had been stabbed in the head, and lay bleeding on the ground, which I found to be true; I was told the woman at the bar had done it, and threatened to set the place on fire that night; I found she and her husband were in their own room, up one pair of stairs; I went up to their door, and knocked, she asked who I was? and what I wanted? I told her I was the constable; (she knew me, for I had had her to the Compter once before for the like offence) I desired her to be peaceable, and satisfy the neighbours that she would not set the house on fire; the more I endeavoured to perswade her to govern her passion, the more outragious she grew, and both her husband and she declared the first that entered the room they would kill them, if they lost their lives for it; this they repeated many times over. There was with me the two Chesney's, father and son, John Dent and the deceased, and others; they were in the dark, we had a candle; the stair case was so narrow all could not get up, some were upon the stairs, there could hardly two stand a-breast at the door; the door opened a little way, I saw a man's arm hold on the top of the door; I gave a little start back, immediately Peter Dove cried out, I am stabbed; he was very near the door; I saw a woman's arm and hand come out; the deceased went down, and in at the next house, I saw him there afterwards with his bowels coming out at the hole. The neighbours all desired I would take the woman away, and said they would assist me; I went up, and took one of the watchmen's staves, and fell to breaking the door; the man at the bar catched the staff, and pulled it through the hole I had made in the pannel, and gave several punches at us, one man he hit over the head, but with his repeating the strokes we catched it, and got it from him, then we broke in; there was another man, a brewer's servant, they wounded in the belly with a shoe-maker's pegging awl; I took the awl out of the woman's pocket afterwards, it fitted the wound; we tied their hands and arms, and had them to the watch-house, and from thence to the Poultry-Compter.
Q. Was any body in the room besides the two prisoners?
Lemond. There were only two or three children, the oldest about 8 or 9 years old. Afterwards I took the prisoners before my Lord Mayor, the man was committed to Newgate, and the woman sent back to the Compter. Peter Dove was carried to the Infirmary in Whitechapel, where he died the Tuesday following, the 23d.
Q. How long was the door open when the wound was given?
Lemond. It shut again in about 2 or 3 seconds.
John Dent . I am a gunsmith. On the 20th of August, when I came home the neighbourhood were in such confusion, they said they could not sleep in their beds, for the woman at the bar had said, she would kill some of the women and set fire to the neighbourhood afterwards; all jointly agreed to have her secured; she passed me while they were telling me this. Soon there was anPeter Dove , and the two Chesneys, and others, went up to the prisoners room-door; the deceased was close to the door, Mr. Lemond and Mr. Aston were close to the top of the stairs, I, the two Chesneys and deceased were on the landing-place. When Mr. Lemond knocked at the door, they asked what we wanted? the constable said, somewhat I can't recollect now; I said to see what matter of fire you have in your room. I heard a weapon taken up, it chinked somethink like a pair of tongs; I said to the constable, let us be upon our guard, for at the same time I heard the man swear, he would kill the first man that entered the room, if he lost his own life. Soon after I saw the door open and the glimpse of an arm came out, pretty low, the constable was then on my left arm, or rather behind me; the deceased turned to me and said, I am stabbed, or wounded; I said, I hope not; he said, see here; I saw his bowels out about as big as a little apple.
Q. Which side of you did the door open on?
Dent. The hinges were on my left hand. I went to help the deceased down stairs, and did not go up after.
Q. Did you see any knife?
Dent. No, I did not.
Rachael Ashby . On the 20th of Aug. at night, the woman at the bar broke open my place, and took me as I was sitting at my door and hauled me into the street, pulled my petticoates over my head and whipped me as though she was whipping a child, then she took a penknife and stabb'd me on my left temple, (she shewed the wound) her husband came and took her away from me, or she would have murdered me; she said, she would set all the bitches on fire, and make a rare bonfire; I was left lying for dead, facing my own door, with my petticoats over my head.
John Chesney the Elder. I went up to assist the constable, Mr. Dent, my son, and the deceased, went also. I saw the door open about 3 quarters of a yard; the first I saw was the man with his right hand on the door, he had a pair of tongs, or a poker, in his hand which he held up, it was iron: the woman immediately rushed her arm and head out and stabbed the deceased, it was done in a moment, I could not see what it was done with, and the door shut immediately, and was made fast; there was a light with us, but none in their room; the deceased cried out, I am stabbed.
Matthew Daniel . I am a pupil in the London Hospital; Peter Dove was brought in about 2 o'clock on the 21st of August, he had a wound on the left side of his belly, a little above his groin, I dressed it; he died on Tuesday the 23d in the Hospital, about 2 in the afternoon, I have no doubt but that wound was the occasion of his death.
As the indictment was laid that the fact was done in Middlesex, all the witnesses, upon being asked, answered the London Hospital was in the county of Middlesex.
I had been at work very hard, and was got home to bed with my wife and three children, we had been in bed near three hours, these people came in a riotous manner and forcibly broke open my door, there were a great many of them, the streets were lined from top to bottom, some sailors and soldiers, they pelted brick bats into the room, and killed a child five years old, it died last Tuesday, they hit it on the breast, there was a gun-barrel and a hatchet thrown in, they said they would beat my brains out and knocked me down, I was laid for dead.
The woman's defence was to the same purport.
Mr. Lemond. After the deceased was brought down wounded, it was determined to get into the room, and a ladder was set up against the window, and there might be brick-bats thrown in, but not before; I neither saw nor heard of any, and had I, I should have taken the people up that had thrown them in.
They called George Leybourn , who had known the prisoners upwards of three years; he said, the man was a hard-working good natured man, and that the woman had a very good principle to pay people, but was not so even in her temper as some people were.
Esther Guilty Death .
Archibald Guilty of manslaughter .
She received sentence (this being Friday) to be executed on the Monday following, and her body dissected and anatomized.
She pleaded her belly, and a Jury of Matrons were impannelled, and brought in their verdict, Not with Quick-child.
Joseph Bennett was indicted for the wilful murder of Christopher Toole , September 26, 1760 .
The only evidence to the fact was Mary Clark , who deposed, that the deceased first struck one Joseph Bennett, but could not say the prisoner was the man, with an oaken stick and knocked him down, he lay stunned with the blow four or five minutes, then he got up, drew a knife out of his pocket, and stabbed the deceased; and that Sarah Murray , who had hold of the deceased's arm at the time, was since dead.
See the trial of Anthonio de Sylva, No. 305, in Sir Thomas Chitty's Mayoralty, as an accessary in aiding and assisting Bennett in the said murder.
428, 429, 430. (M.) Mary Cavenhan , otherwise Davis , Robert Dickinson , and Margaret Burgess , were indicted, the first for that she with a certain poker made of iron, which she had and held in both her hands, on Richard Watson did strike on the fore-part and back part of his head, giving him several mortal wounds and bruises, of which he instantly died; and the other two for aiding, abetting, and assisting her to commit the said murder ; they stand charged in the like manner by the Coroners Inquest, July 24 . *
George Callen , a publican, deposed, he was standing at his own door, at the corner of Shug-lane, on the Tuesday after the murder was committed at Marybone Turnpike, the prisoner Davis coming by in a great hurry, when she came opposite him, she made a full stop; he looking at her, she said, Ay, you may look, for I am in trouble enough. She called for a pennyworth of twopenny, before his servant could bring it she burst out crying, saying, she was the person concerned in the murder of the turnpike-man ; he said, you are not well in your head, child, you talk wild; she said, I never have been well since the fact was committed, being disturbed in my mind, or something to that purport; she added, and here is an instance of it, the deceased, after I gave him the first blow, took the poker and wrenched it out of my hand, and here has the black of the poker remained ever since; he looked and there was some black on her hand, but what it was done with he did not know, it seemed something like sut. Then she desired, he would either take her before a Magistrate, or send for a constable; he sent for a constable, and went with her to Justice Welch, but he heard nothing that passed there; that he never saw her before, and her account and manner of behaviour in crying and taking on, it shocked him so that he was not well for a quarter of an hour afterwards. She said, there was a man concerned, but she would not mention his name.
John Bidiford deposed, she confessed the same to him, with this addition, she was shewed the poker which was found by the deceased, she said she did it with that, and afterwards wrenched a cupboard-door open with it and took out a quantity of halfpence, and Dickenson was with her, that he hit the deceased with a broom-stick, but she did not think that murdered him; that she took the poker and hit him several blows on his head, and did the murder herself. She said, she gave the halfpence to a man whom she would never discover; the end of the poker was compared with the marks on the cupboard, and they exactly agreed. When she saw the body of the deceased lying in a shell, she said, I am the unhappy creature that killed that tollman that lies there; poor soul! you'll have a coffin, I'll have none, to Tyburn I must come.
I was at a house when I heard of the murder of the man; I might say I murdered the man. I am sometimes out of my senses, and if any mischief is done, I take it upon myself. I never saw the man or poker before to my knowledge, I never was at Marybone till I was carried there.
To inquire into the fanity of her mind, Richard Pierce , the turnkey of Clerkenwell Bridewell, was called, who deposed, she had been about a month or five weeks in his custody; that a little after she was committed by the Coroner, she hanged herself, and was cut down when very near dead; that between two or three years ago she was brought there for the murder of a bastard-child; that he heard her then before Sir John Fielding say, she was tired of her life; that she had cut her child's throat, and was very sorry for what she had done, and desired she might be in custody, and be tried for it; that she had done it in the Grange-walk in Surry, and tied it up in her handkerchief and carried it to Billingsgate and thrown it into the river Thames. Mr. Fielding asked her several questions, and bid her take great care what she said; she said, she would shew them were the blood lay; he ordered him and the constable to take her to Grange-walk, they went in a coach, she bid the coachman stop, they got out, she had them about forty yards up a ruined place, where was some sprinklings of
All three Acquitted .
431, 432. (M.) John Mullings was indicted for maliciously setting fire to the dwelling-house of Eleanor Addison ; and John Donnavan for causing, procuring, hiring, and commanding him to commit the said felony , July 27 . +
The prosecutrix lives at the Ship, New Gravel-lane ; Mullings is 13 years of age; it appeared there was a place on fire on the 27th of July, at night; the boy, when taxed with it, owned he did it, and that Donnavan set him on to do it, and promised him three guineas, and to maintain him as long as he lived; and the maid that Donnavan recommended (who was gone off) he said was to have assisted Donnavan in robbing the house; but no part of the dwelling-house being on fire they were Acquitted .
433. (L.) John Allen was indicted for stealing one wooden box, val. 3 s. and seventy-seven pounds weight of silk, val. 120 l. the property of Jeremiah Low , and Co. and one other wooden box, val. 5 s. and eighty-three pounds weight of silk, val. 140 l. the property of John and Esther Kirkman , July 17 . +
The two boxes were sent with the quantities of silk mentioned from Friday-street, to the Ram Inn, in Smithfield, on the 16th of July, to be delivered at Coventry; by some means or other they were packed in a sheet, and sent by the York waggon to Doncaster, and from thence to Pitsmore, about a mile and a half from Barrsley, to the house of John Wright, brother-in-law to the prisoner, where the prisoner went after them, and there said they were his property. Application being made to Sir John Fielding , upon some suspicion they were gone by a waggon to Yorkshire, Sir John wrote to Mr. Wood, a justice of the peace there, to make enquiry about them, by which means they were found, and sealed with Mr. Wood's seals, and sent back to London. (Produced in court and deposed to.) The prisoner was a parter at the Castle and Faulcon Inn, Aldersgate-street.
Guilty . T.
434. (L.) James Holsey was indicted for stealing one mahogany tea-chest, val. 6 s. three tin cannisters, val. 12 d. two silver tea-spoons, val. 2 s. and one pair of silver tea-tongs, val. 3 s. the property of Samuel Hawkins , Aug. 2 . ++
The prosecutor lives in Tenter-alley, Little Moorfields , his wife being gone to the Chandler's shop, when she returned, in about three minutes, she missed the chest, and the things mentioned; by looking about she found the prisoner behind the street door, he was tying it up in a handkerchief, she took and held him by the collar till assistance came.
Guilty . T.
William Chaplin deposed, that Hannah, wife to Thomas Parker was his servant, but is since dead; that the prisoner came to his house, the Wheelwright's-arms, in East Smithfield , he called for liquor, but being very drunk he let him lay down on his maid's bed, where he was four or five hours, the maid and mistress being gone out; that after he got up he had six pennyworth of rum and water, while he was drinking it came in Lydia Cox , who talked to him about his going on the scamp, and the lay, cant words used among thieves for going a thieving; he being a constable put him in the watch-house; the next morning the maid found she had lost the money mentioned, out of a drawer in the room, he was searched, and there was nine guineas, three quarter guineas, two quarter moid'ors, a 3 s. piece, and a 27 s. piece, found in a handkerchief tied round his thigh; the maid swore to the 27 s. piece and handkerchief before the Justice, the piece was remarkably bent by her, she mentioned that before she saw it: that in carrying the prisoner to New prison he insisted upon giving him a bottle of wine, and there said if he would promise to clear him he would give him the value of the money, and his expences.
Guilty . T.
436. 437, (L.) William Barlow , and Jane Durant , were indicted for forging a letter of attorney, purporting to be executed by William Smith , in order to receive prize-money due to him, as a seaman on board his majesty's ship the Lively, and published with intention to defraud Hucherson Mure , May 12 . +
Richard Atkerson . Mr. Hucherson Mure is agent to the Lively , so far as concerns the Valleur and Syren, I do business for him in his absence, there was 12 l. prize money due to one William Smith , the second supernumerary, and likewise the same due to another William Smith , both on board the Lively, being rated able , but he is deceased; on the 12th of May last Elizabeth Clark, the evidence, brought a letter of attorney to our office, and had the money in consequence, some days after this I was told by John Dickson that this woman had produced a power signed by one Humphry Smith, and a day or two after that she came again with a letter signed William Smith , it was, I sent it down to the Navy office to know if that was the hand of Mr. Thomas Coleby . I was answered it was not, then I took measures to apprehend her; she was met with in the street by one of our clarks, who followed her to a tavern, where she was apprehended; the day after I had word brought she had confessed her guilt, and wanted to tur evidence; I attended her at Wood-street-compter, there she told me Barlow, Richardson, and Lloyd were the men that forged it, and she uttered it, and was to have a guinea for so doing. Some days passing, and nothing done in apprehending them, I obtained permission of Mr. Alderman Cokayne to carry her before Sir John Fielding, that she might give the like evidence before him, to enable him to set his officers to look after the men. She gave the same information there, she said one of the three men made a mark, the other two signed the names of the two witnesses; Sir John advertised a reward for apprehending them. Soon a message was brought me that Barlow was in Wood-street-compter, I went, and found him with the keeper, who knew him. he having been in custody before, for a similar affair; he declared he could open a very large scene of of this kind, and desired to be admitted evidence; at that time he neither denied nor confessed it; we told him we apprehended we had evidence sufficient in the woman to convict every person concerned in this fact, and it was clear he could not be admitted; this was repeated to him often. Mr. Kirby, the keeper, was present. Barlow said, the woman was a very bad woman, and had not been candid in her information, for one Jane Durant was concerned in this power, and was the person that made the mark, purporting to be the mark of William Smith. Durant was, upon this, apprehended, and carried before the sitting Alderman, with Barlow and Clark, otherwise Cox, many things were said both by Barlow and Cox, but I do not remember them sufficiently so as to give them in evidence.
Q. What did the evidence say, when this mistake was mentioned, of not having mentioned Durant at first?
Atkerson. She said it proceeded from her misapprehension of Sir John Fielding's questions, and that Lloyd was one of the three that had forged the former power of attorney, upon which I had actually paid the money; but that Barlow, Richardson, and Durant did actually commit this forgery, upon that they were committed; she persevered in her charge against Durant afterwards. (the power of attorney produced) This has been principally in my custody ever since, it has not been altered.
John. I am clerk to Mr. Mure, this power of attorney was brought to my office by Elizabeth Cox , otherwise Clark, in the month of May last, she delivered it in order to receive 12 l. prize money due to William Smith ; upon a suspicion that it was forged one I stopped it, and delivered it to Mr. Atkerson; when I stopped it she was a good deal confused, she told me in half an hour's time she would produce people that saw William Smith sign it, she went away, and I did not see her for 14 or 15 days after, then I met her in Tower-street, and followed her to a house in a court in Grace church-street, I remained there till she came out, she then went in at the Castle in Lombard-street, there I apprehended her; she was carried before the sitting Alderman, she at first positively denied the fact; the Alderman ordered her to be taken in stody till the Monday following, I never saw her after that.
James Faulkner . I remember Elizabeth Clark coming to our office (I am one of Mr Mure's clerks) in the name of Humphry Smith, I could not find such a name in the book, but I had a suspicion of her from a former transaction; I told her, there was one William Smith intitled to prize money, this I did on purpose to try her, and I wrote upon the back of the power, William Smith ; I was not in the office when she came in the name of William Smith .
Q. What is your reason for adding to your name as here, Clerk of the Cheque?
Coleby. No power is valid unless it is signed so.
"Know all men by these presents, that I William
"Smith, on board his Majesty's ship the
"Lively, for certain good causes, &c. making
"lawful attorney, to receive all bounty-money,
"Signed, sealed, and delivered in the presence
Q. to Atkerson. Was this power of attorney produced to Barlow?
Atkerson. I do not know that it was, I described it as the power that Clark was sent with to get the money, and for which he was apprehended, I think it was mentioned the power in the name of William Smith ; he was taken up on the oath of Elizabeth Clark , for having forged this letter of attorney in the name of William Smith , the words in the warrant was, on violent suspicion of forging a letter of attorney in the name of William Smith .
Elizabeth Clark . The first letter of attorney I had I went to Mr. Mure's house with, which was a week before this, to receive 12 l. I forgot the name it was in. I have known the prisoner Barlow 3 or 4 years, that was signed by the prisoner Barlow, Lloyd, and William Richardson , I did receive the money for that, there was Mrs. Richardson and Mrs. Barlow present with us at at the time, it was in the name of Daniel Soaper , the money was shared afterwards at the White Lyon tavern, in Bishopsgate-street, Barlow had one guinea for filling it up, which he did entirely himself.
Richard Booth . I am a victualler in Salisbury-court; I have seen Barlow write a great many times. (he takes the letter of attorney in his hand) the filling up I believe to be his hand writing, and I take the name Thomas, in Thomas Coleby , to be his hand writing.
Clark. Yes, I went with one in the name of Smith, but not William, I do not remember the name, the gentleman told me, there was no one of that christian-name, but there was one William Smith , then he put it down on the back of the other power, then I carried that to the Crown on the other side of Moorfields, but Richardson was waiting in the Street at Mr. Mure's for me, as he always did.
Q. Who prepared that?
Clark. Barlow, Lloyd and Richardson did. Barlow and Mrs. Richardson met Mr. Richardson and I at the Crown, I told them what the gentleman said, then they said they had made a mistake in the christian-name; we parted at that time, and in a day or two after they left a line for me at the Three Tuns in Brooke's-market, to go to them the next day at the Crown ale-house again; I went, there were Mr. and Mrs. Richardson, Mr. Barlow and Mrs. Durant; Richardson pulled out a power of attorney and gave it to Barlow to fill up, which he did in a little room joining the bar, I saw him do it, he signed Thomas Coleby to it, and Richardson signed the other witness to it, Mrs. Durant made the mark, she asked if she should make the mark, or sign the name, they bid her make a mark, she can write extremely well, when she made the mark she said it was as particular a mark as could be made; Barlow put a wafer in it, and it was carried into the tap-room before they signed it; then I carried it to the office, there Mr. Dickson told me the gentleman was not in the way, and I must come again in half an hour, or the next morning; Mr. Richardson was at the door, I told him what had passed; we went to the Crown, there they were all waiting, Richardson told Barlow it was stopped, they said they must make use of some scheme or other to get it out of their hands, as it was a bad affair to lie in their hands, Barlow said, I should not have let it go out of my hands till I saw the gentleman myself. In about four days or near a week after Richardson called upon me again at the Three Tuns, and desired, I would meet him at the Crown the next morning, I went, there was Mr. and Mrs. Richardson and Barlow, there was a letter wrote to be sent to Mr Mure, Richardson had wrote it; Barlow said it was a very improper one, Richardson desired him to write another, Barlow said his hand would be known again, as he had filled up the power of attorney, he was very loth at first to do it; Richardson said he could write a different hand to that, as the power was filled up in a very small hand: with a good deal of persuasion Barlow did write one, which was sent to the gentleman; I gave it to a porter, and he carried it, I was to wait at a public-house for the porter, Richardson went part of the way with the porter; the porter came back no more, Richardson came and said, the gentleman had taken up the porter.
Q. At what house did you wait for the porter?
Q. What is Durant?
Clark. She is a gold and silver button maker. Richardson and I were upon Tower-hill about a month after I went with the power of attorney, we called at a public house, I went from thence to the Castle tavern, I saw the gentleman come in with a constable, he said, that is Mrs. Cox; (directing him to me) I said, my name is not Cox; he said he did not care whether that was my name or not, I was the woman. I was taken before the Alderman, and had been in Wood-street compter three or four days before I made this discovery; the first I mentioned, Richardson, Barlow, and Lloyd were concerned, and the other, Barlow, Richardson, and Durant; I did not at first know it was a separate thing, Lloyd had no concern in this, nor Mrs. Durant in the other. I was three times at Mr. Mure's with powers of attorney; Lloyd, Barlow, and Richardson were in Soaper's; the second was Barlow, Richardson, and Lloyd; and this, Barlow, Richardson, and Durant.
Court. Look at the filling up of this power of attorney.
Thorley. I really believe it to be Barlow's hand writing, it is very much like his writing.
Court. Tell how much of it you believe to be his hand writing, and how much not, of the witnesses names, and every thing.
Thorley. I have already spoke to the filling up, here is Thomas Coleby , clerk, I take to be his hand writing, and the mark of William Smith I take to be his writing; I do not know whose hand writing the other name is.
Barlow. This evidence, Clark, stands perjured in the commons in taking administrations in men's names there; I had an administration in my hand of her's, in the name of Barnet, which she published, it was in order to receive money of the India Company.
Q. from Barlow to Clark. How can you take upon you to swear to my hand writing, when I cannot swear to my own?
Clark. I could not swear to it if I had not seen him write it, I was close to him all the while.
Q. from Durant. Pray how long have we be acquainted?
Clark. About twelve months, or more, you and I have frequently been along with Mr. and Mrs. Richardson, and Barlow, at the Three Tun and White Lyon in Bishops-gate-street.
Q. How came you to get into this gang?
Clark. The first was at Mr. Owen's, the Horse shoe, in Wood-street.
John Kirby . I am Deputy keeper of Wood-street-compter, I have known Barlow some time, he being a prisoner before in the Poultry-compter, I remember him being brought here three or four times at goal deliveries the last year. After I had had Mrs. Clark in my custody, and she had been before Sir John Fielding , and others, I made fruitless attempts to take Barlow, but on the 30th of July he was brought into my custody; I sent for Mr. Atkerson, we went into the lodge to Barlow, I said, I have seen you before, I am sorry to see you in this case again; said he, I have been a very great cat's paw, and shall be glad to know who is in the information of that woman; I told him the warrant expressed Barlow, Richardson, and Lloyd; said he, she is a very false woman, for Lloyd was not concerned in this power of attorney, it was one Durant that made the mark to it; Durant was not in custody then. Soon there was an information they were at Durant's house, Clark went and shewed us the house in a court in White Fryers, we went and took Durant; I kept her separate from Barlow, I mentioned this power to her, I think she said she did make her mark, but was ignorant what it was. I had not seen the power of attorney then.
Q. Did she know what she was taken up for?
Kirby. She did.
The letter sent by the porter to Mr. Mure's produced in Court.
Q. to Thorley. Look at this letter.
Thorley. A great many of these letters are pretty much alike. I don't look upon this to be a person's common hand-writing, it is much like to Barlow's, it seems to be a fictitious hand.
Ananias Wares. A woman gave me a letter to carry to Mr. Mure's, a man was with her, at the Swan alehouse, Coleman-street, I never saw her before or since. (He looks at Clark.) I can't say whether this is the woman or not. (He is shewed the letter.) This looks much like the letter.
Mr. Atkerson. This is the letter that this evidence brought.
Clark. (Looks on the letter.) This is the letter I sent by this porter.
Sir, I am surprised at the ill treatment of your clerks in stopping the power of attorney of William Smith ; I think I am extremely ill used. I don't intend to cast any reflections on you I wrote a letter to Chatham, to acquaint the gentleman with what has happened; but if you will be so kind to send it by the bearer, as you have no legal right to detain it, and if you don't return it, I must be under the necessity of applying to my attorney.
"May 19, 1763.
Q. to Clark. What size man is Richardson?
Clark. He is a short thick man, then in snuff-colour'd cloaths.
Wares. There was such a sort of a man with The woman when he gave me the letter, he was sitted with the small-pox; I was detained at Mr. Mure's that time.
John Apthorp . I am constable, I was employ'd in taking Durant. Barlow gave me directions where to find her, I took her in Ashentree-court; I asked her no questions till I got her into Fleet street, then I told her I took her on the information of Barlow for having a hand in forging a power of attorney; I said there was a mark made; she said if she did make it, it was done in a hurry: When it was shew'd her by the magistrate, she said, I do not know but I might do it; I believe I did, but if I did, it was in a hurry.
The power of attorney is not my hand-writing. The evidence Clark is perjured in the Commons, I think such an evidence should not be heard. I was once with a clerk, we did not know one's hand-writing from the other.
I know nothing at all of the matter.
Barlow Guilty . Death .
Durant Acquitted .
See Barlow and Richardson evidences against Mr. Goswell for a crime of their own, No. 41, in this Mayoralty.
The prosecutor is a master butcher in St. James's market, he deposed, he, Thomas Wills and Thomas Exton were coming on horseback from Barnet races, between 9 and 10 at night, in the new road between Islington and London, the prisoner and another man came out of the footpath and asked what it was o'clock, he answered he could not tell; the prisoner put an oaken stick before his horse's head and stopped his horse, they both said, D - n your eyes, your money, or we will blow your brains out. He called to his companions, they fired at him directly, and afterwards struck at him several times with the stick; he thinks it was the prisoner that fired. When they found hi s companions coming up, they ran about ten or twenty yards towards Islington; he rode and got before them, and turned them back again, then the other tumbled over the rails and got off, he rode up to the prisoner and knocked him down, he got up again and was going to get over the rails, and he took him by the collar and secured him, and took the stick from his hand. (producing a large oaken stick.)
Wills and Exton confirmed the account he gave.
The prosecutor is a cabinet-founder in Fetter-lane , the prisoner his apprentice ; he having run away from his master once, the maid-servant seeing him carry out a bundle, fearing he was going away again, informed the master, who searched the bundle and found the brass mentioned in the indictment. The prosecutor said, he never knew him take any thing away before, and the boy had promised amendment, he was ready to take him again, on the Court giving him corporal punishment.
Guilty 10 d. W.
Edward Biffen , I am a master sawyer , and live at Redriffe. On Sunday the 4th of September, between 11 and 12 at night, I was going home, a woman stood against the wall near the turnpike at St. George's in the East , she said, so, will you give us a dram? I said, yes, I can; said she, will you? I said, I'll owe you one; upon
Mr. Iverson. I heard the cry of murder on the 4th of September, at night, under my window; I went down with only my shirt on, the prosecutor had got the prisoner, and said he would never leave him, saying he had got his watch: As soon as he got up there lay this knife open, (producing a long clasp-knife) he was secured in the watch-house, the prosecutor told me, there were two more, but they were run away.
I never saw the watch. I had been drinking with Buckley at Stepney, and was in liquor.
One John Brown, a shipmate, gave me that watch to pawn for him.
Both Guilty . Death .
The prosecutor is clerk to Mr. Rushclark, in Ab-church-lane , he had lost a lac'd hat, and other things, from the places where they hung in the hall, the door always standing open in the day time, and to detect the thief, if they came again, he hung up his hat, and put a large piece of coal upon it, so as upon removing the hat it should fall, and give the alarm; he hearing it fall ran out, was informed a woman was gone in at the Cock and Lyon, the next door, he went in, and found the prisoner with the hat put behind her, upon charging her she confessed she did take it.
Guilty . T.
443. (M.) Elizabeth Procter , spinster , was indicted for breaking and entering the dwelling-house of John Lambert , on the 3d of Sept . about the hour of one in the night, and stealing two shillings in halfpence, his property . +
The prosecutor is a victualler at Radcliff, he deposed, that he went to bed, and left his house safe, on the 3d of this instant, he heard a noise between 4 and 5 in the morning, he went down, and heard somebody walk down before him into the cellar; he opened the door and called thieves, his neighbours came, he found a cellar window, which had 5 iron stancels, one was broke, and saw the prisoner in the cellar betwixt 2 butts; he missed 2 s. in half-pence; she owned she got in, and upon hearing him come down stairs, she went and hid herself in the cellar; she had been at the till, and it was cut; a knife was found in the cellar, where she stood.
Guilty of stealing 2 s.
acquitted of the burglary. T.
444. (M.) William Kelly was indicted for assaulting Thomas Powell on the highway, and with a certain offensive weapon called a bludgeon, with intent the money of the said Thomas to steal , July 10 . +
The prosecutor deposed, the prisoner knocked him down with his fist, and demanded his money, in Hammersmith town , between 1 and 2 in the night. Being asked if he had either stick or offensive weapon? he said, no, he had nothing in his hand.
As the Act says, it must be with an offensive weapon, threats, or menaces, but there being nothing of that sort, he was Acquitted .
Hans Erick was indicted for stealing a stock bed, val. 10 s. a pillow, val. 6 d. a blanket, val. 3 d. a woollen jacket, val. 3 s. three shirts, val. 30 s. and a cloth waistcoat, val. 10 s. the property of Alexander Stevenson , in a certain ship called the John and Betsy , on the river Thames , Aug. 12 . +
Alexander Stevenson deposed, that the prisoner was a Swede, that he shipped him at Antigua on board the John and Betsy, that the things mentioned were taken from on board when lying off the Hermitage Stairs ; that the prisoner was suspected, and charged with taking them; that he confessed the fact, and where he had sold the bed and shirts in Rag Fair, where he went and found them, but the prisoner said he was so drunk he could not give an account where he had disposed of the other things; that he was a quiet man during the voyage, and behaved well.
Guilty 39 s. T.
The prosecutor lives at Hornchurch, in Essex , the prisoner worked with him at labouring work, and lodged in his house, he turned back when he got in the field near his work; the prosecutor, when he came home at night, missed the things mentioned, he was pursued and taken at Mile-end with the things upon him.
Guilty . T.
447. (M.) Lydia Marshall was indicted for stealing one cotton gown, a camblet gown, a linnen bed gown; a calamanco petticoat, a stannel petticoat, two shifts, two ells of cloth, two aprons, two yards of check, three pair of stockings, eight handkerchiefs, a pair of stuff shoes, and 17 s. in money numbered , the property of James Davis , July 7 . +
The prosecutor keeps a chandler's-shop in White-chapel , the prisoner was his servant about two months, she went to bed to his two children as usual on the 7th of July, he was awaked by the children crying fire, between 2 and 3 in the morning; he found their sheet, coverlid, blanket, and a bed gown on fire, he extinguished it, happily the children were not hurt, the things mentioned in the indictment were missing, and the prisoner gone out at the window; she was taken on the Sunday after, with the callimanco petticoat and shoes on; she said, the rest of the things were at the Antigallican in Darkhouse-lane, where they were found.
Guilty . T.
448. (M.) Elizabeth Lott was indicted for stealing a pair of stays, a black russet petticoat, a dimmity petticoat, and a shift, the property of Elizabeth Longweth ; a dimmity petticoat, a cotton gown, a linnen cap, a cotton petticoat, a pair of Bristol stone buckles, a muslin handkerchief, and other things , the property of Thomas Salwood , Sept. 3 . +
Thomas Salwood deposed, that he was a farmer , and lived in Hackney road , he was from home on the 3d of Sept. a neighbour came and told him a thief was catched in his house, he went home, and saw the prisoner sitting drest like a lady; thinking she had been one that came to visit his wife, said to her, your servant, madam; and turning to his wife, said, where is the thief? he was told it was the prisoner, she was drest out in his wife's and kinswoman's cloaths.
Elizabeth Longweth deposed, that she hearing a noise above stairs went to look, the prisoner being just come down stairs ran up again; that she called for assistance, and she was taken in a closet in the garret; that she owned she had come in at the back door, and went up stairs, and taken the things, some on her, and some in a bundle, and her old rags were found above.
Guilty . T.
Henry Maddox . I am employed by Mr. Henry Sear and James Pitter , agents for the captures of the Harwich and others, to pay the prize-money; the first payment Nicholas Shaw , a seaman on board the Harwich, received 4 l. that was June the 3, 1761, the second payment was 20 s. (he produced the book) the 11th of Aug. was the recallday, at the King's Arms on Tower-hill, John Morgatson and John Davidson were with me in the room, the prisoner came in, I asked him what he wanted, he said he came for his prize-money; I asked him who received his first payment? he said he received it himself at the Synagogue Coffeehouse, and that his name was Nicholas Shaw of the Harwich, upon which I turned to the book and saw Nicholas Shaw had wrote his own name,
Q. What did he claim?
Maddox. Twenty shillings, that was known publicly what was due.
William Dickinson . I am steward on board the ship Harwich, Nicholas Shaw was steward's mate, he was on board at the taking of Senegal; the prisoner is not that man, his name is Thomas Madge , we took him on board at Jamaica, he was a very quiet man on board.
I was put on to do it by a man, or else I never should have done it.
Guilty . Death .
The prosecutor deposed, that he was a printer , and lives in White Friars, that on the 16th of Aug. he was coming along the Strand , for home, when my Lord Mayor was going to address his Majesty on the birth of the young Prince, that near the window of the Union coffee-house the prisoner came close up to him, and obstructed his going forward, and stared him in the face, and at the very instant he felt his watch jerk'd out of his pocket; that he clapt his hand on the prisoner's shoulder, and said, this fellow has robbed me of my watch; that he got him into a shop, he was searched, but no watch found upon him. The prisoner said he was a carver by trade, and his father lived in Old-street.
451. (M.) Joseph Mates was indicted for stealing a cloth coat with fourteen silver buttons, a dimmity petticoat, four harrateen bed curtains, a head cloth, a teaster cloth, and a pair of velvet breeches , the property of Andrew Ruff , August 15 . ++
Mrs. Fitzgerald deposed, that she lodged in the Back lane, where Andrew Ruff had a room, she hearing a noise at Ruff's door went, and there saw the prisoner sitting on the floor at Ruff's door; she called John Turner .
Guilty . T.
Abraham Green. I am a tidesman , and lodge in Beer-lane, right against the Custom-house; on the 13th of Aug. I believe past 12 at night, I was with Eleonor Lewis , we had drank together, I being lame asked her to go home with me from East Smithfield, the prisoner and another man came after me, and said she should not go with me, they would see me to my lodgings; they went with me a little way, and asked me to go down a little alley that leads to old Rag Fair, I did not like it, so returned back; the prisoner came after me, and laid hold on my coat, and said, By the Jesus he would sacrifice me because I would not go with them, and offered to stab me with a knife, and gave me a cut on the left side of my neck; I making a noise he catched my wig off my head, and ran away, my hat fell on the ground, the other man came and took that, and they both ran together; it was not very light, nor very dark, I can sware to the prisoner, he had the same cloaths on he has now; he asked for my money, and felt in my breeches pocket, but my money was in my waistcoat pocket, in a purse. He was taken up on Sunday the 14th, in the afternoon, at a house on Salt-petre-bank.
Green. I was not drunk.
Eleanor Lewis . Mr. Green and I had a pint of beer at the Two Brewers, then we went to the Swan and had a pint more, then we went to my own room, in East Smithfield, there we had a quartern of brandy, I was to go with him home, as we were going along the prisoner was in the way, and said if I went with him he would knock me down, he would see him home.
Q. Was Mr. Green sober?
E. Lewis. He was quite sober.
Q. Who was with the prisoner?
E. Lewis. I saw no person with him. I went home, the next day being Sunday he came to me, to know if I knew the person; I said, he lived by Salt-petre-bank, I have known him three years, he is lately come home.
Henry Barten , a constable, deposed, that one of the watchmen came and told him, that there was a man come into the watch-house that morning without hat or wig, with his throat cut in a very bad condition; that he was at Salt petre-bank on the Sunday along with the prosecutor, and took the prisoner, they had him before the Justices in White chapel, there Mr. Green swore he robbed him of his wig; that the prisoner had soldier's cloaths on, a soldier came and owned them, then the prisoner's cloaths were brought, and put on, the same he has now; that taking him to prison, he said he had a great deal of money to take for service on board a ship, and he would leave it all in my hands to make the prosecutor easy.
Edward Jenkinson . I am a watchman in Wapping; I met Mr. Green when I was going out of the watch-house that Sunday morning, near one a clock, without hat or wig, and all over bloody about his collar, he had a cut under his left ear; he said he had been robb'd by two men a little below, I set out after them, and saw two men run up White's-yard, a thorough fair; I can't say that the prisoner is one of them: When the prisoner was taken that day he had a soldier's coat and waistcoat, belonging to the Coldstream regiment.
I have lately been discharged from on board a ship; a namesake of mine, that belongs to the Coldstream regiment, and I were together, I said I have served his Majesty 22 years by sea; let me see how I shall look if I serve him by land, so I put his coat on my back and walked out with it on the afternoon.
The proper evidence to the taking not being subpoened, he was Acquitted .
The prosecutor was deposed, the prisoner's husband being in goal, she applied to him to borrow 16 s. to redeem a pair of buckles that were pledged for 16 s. and 4 d. that he lent it her, she afterwards sold them for 18 s. and returned him his money, they went to bed together in her bed, he tied his money up in the corner of his shirt, fearing she should get it, when he awaked in the morning, his money was gone
The prisoner said in her defence, he gave it her for what she was ashamed to name.
455. Margaret, wife of Patrick Ferne , was indicted for receiving a Holland shirt, 4 yards of Mechlin lace, a pair of ruffles, a Dresden apron, and three pieces of point-lace, the property of Elizabeth Gittoes , knowing them to have been stolen by Catherine Thomas .
The prosecutrix was called upon her Recognizance, and did not appear.
The prisoner lived servant with Mr. Hagard, next door to Mr. Hamilton's, in Chancery-lane; a quantity of numbers of Smollet's History of England being sold by the prisoner to Mr. Showel, a cheesemonger, in Fleet-market, he serving Mr. Hamilton with butter, &c. some of the said paper was sent there with goods, by which means it came out; the numbers were looked over in Mr. Hamilton's warehouse, and the quantity mentioned in the indictment missing.
Mr. Showel deposed, that the prisoner brought and sold it him as waste paper.
Guilty 10 d. T.
John Leader deposed, that he lived at the Swan at Hay-hill, and is a carver ; that on Sunday the 4th of Sept. about 9 at night, the prisoner and another man came to him as he and Mary Hubridge were going from Kensington gardens home, as he was a little on that side of the parcel of trees nearest his own house, the prisoner laid hold on his collar with his left hand, bid him stand, and asked him for his money, then he let go his coat with his left hand, and put it into his right hand breeches pocket; that at the same time the other man went and laid hold of Mary Hubridge , she cried she had no money; that he left her, and came to him on his left hand, and took 3 d. in halfpence out of his waistcoat pocket; that the prisoner took out 7 s. from his breeches pocket, the other man felt without side his left breeches pocket, and finding there was money within he unbuttoned the pocket, and took out five guineas which he had there; that he had never seen the prisoner before but was positive he was the man that first stopped him, and was at his right hand side while the other was on the left and took the five guineas; that they left him, and seemed to walk gently towards the garden wall; that the prisoner was in a white fustian frock, a sharp cock'd hat, and his hair tied behind, but did not see what colour it was; that he looked in his face when he stopped him, and was certain to him. Being asked how it was for light? said, it was dark. That the next morning, being Monday, he saw the prisoner go up Hay-hill, in company with another man, he followed them into Dover-street, ann came pretty close to him, and looked at him; that he followed them along St. James's-Street, into St. James's-park, from thence to Bridge-street, over the Bridge, and into the Borough; that he asked several people as he was following them how he must proceed in taking up a thief, and said, that man ( meaning the prisoner) had robbed him, but got no assistance till he got there, the other man that was with him he thought was something like the other man, but he could not sware to him. Being told that that man was then near him in the Court, to see if he knew him again, looked a good while, and at last pitched on another man that stood very near him, and said, he was the most like him of any he saw.
The prisoner, in his defence, said, he had that Sunday come from Highfield-court, in Sussex, which is 31 miles from Westminster-bridge; that he came to the Swan, in Park-street, between 6 and 7 in the afternoon, that he went out to speak to Mr. Caruthas, and was gone about a quarter of an hour, then he went into that house, and spent the evening there with several gentlemen before he went to bed; that he went to bed about a quarter after 9, and the landlady lighted him to bed, and he never was out of the house till next morning.
He called Robert Robey , who keeps the Swan, in Park-street, who deposed, that he had known the prisoner three years, that he was a Life-guard man, and had been in the country about two months, and came to his house that Sunday the 4th, about half an hour after 6; that he went out, and he saw him standing talking with Mr. Caruthas in the street about 10 minutes, and then came in and sat down and supped in the house, and went to bed about a quarter after 9, or it might be half an hour after, and his wife lighted him to bed. Being asked how far his house was from the place where the prosecutor said he was robbed? said, it was a good mile distant; and that he was positive the prisoner was never out of his house after he came back from speaking to Mr. Caruthas till next morning.
Frances Robey , his wife, deposed, that he came about half an hour after 6 o'clock, that she and her husband were at the door, and saw him while talking to Caruthas; that she lighted him to bed about a quarter or half an hour after 9; that if he had went out they must have seen him as he lay up two pair of stairs, and must come through the tap-room, and was clear in it he was not out of the house after till next morning.
William Caruthas deposed, that he belongs to the Life-guards, that he was standing at the gate at the stables, about four doors from the Swan, the 4th of Sept. that the prisoner came to him, and was with him about a quarter of an hour, that it was before it was dark, and after he left him he saw him go towards the Swan.
Charles Rock , Mr. Brookprat, James Longmires , and Simon Harrison , all of the Life-guards, confirmed that of his coming out of the country that afternoon, and being in company with him at the Swan from before 7, or between 7 and 8, till he went to bed, about half an hour after 9.
Mr. Robertson, the riding-master, deposed, he shook hands with him between 7 and 8, and was
Robert Summers , a life guard man, deposed, that on Monday the 5th, in the morning, the prisoner came to bring him a message, that he went and breakfasted with him at the Swan, in Park-street, that he asked him to take a walk with him into the Borough; that he went with him, the prisoner having things sent up there out of the country, which he went in order to get them conveyed to his home.
Mr. Spencer deposed, that the prisoner came to take his leave of him in Sussex before he came up, on the 4th; that he was a person of exceeding good character, that he also had a very good estate.
Justice Miller deposed, that he had reason to believe the prosecutor was mistaken in point of the man, and that he spoke to this purport, that if he had got his money he would not prosecute.
Justice Keeling deposed to the same purport.
Colonel Benjamin Carpenter , and Captain Cunningham , under whom the prisoner served, gave him the character of a very worthy, honest, sober, orderly, and well-behaved person, not only as a soldier, but as a moral man.
Guilty . T.
At an Adjourment on Tuesday the 26th of July, the following Convicts received his Majesty's most gracious Pardon on the Conditions mentioned.
To be transported Seven Years, viz.
Fourteen Years, viz.
During their natural Lives, viz.
Richard Mitchel , in July last; George Watson , otherwise William Smith , Hans Eeg , William Autenreith , in January last; James Ward , James Brown , in May last, and George Clippendale , in April last.
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of Death, 13; viz.
Cornelius Connelly , Philip Tobin , Daniel Shields , Sebastian Hogan , John Hunt , Dennis Buckley , William Higgins , Thomas Madge , Francis Smith , William Barlow , James Brown , Elizabeth Jones , and Esther Levingstone .
Transportation for Fourteen Years, 2; viz.
Transportation for Seven Years, 42; viz.
Mary Wheatland , John Stevens , Sarah Cobby, Charles Morgan , John Allen , James Halsey , John Tompkins , Isabella Watson, John Hearn , Thomas Cole , John Clark , G - T -, James Palmer , Ann Featherstone , Peter Pennythorne, William Hattersley , James Kelly , Sarah Clark , Ann Thompson , William Langley , Mary Huff , Francis Florance , John Williams , Ann Edgar , Christian Read , Margaret Harris , Edmund Nicholson , Thomas Whiting , George Williams , John Brown, Dennis Guhagan , James Hobbs , Sarah Smart , Thomas Wood , Rebecca Handimore , Elizabeth Procter, Hans Erick, Henry Wallis , Lydia Marshall, Elizabeth Lott, Joseph Waits; and Edward Madin , whose Sentence was respited last Sessions.
To be Branded, 3; viz.
To be Whipped 2;
At an Adjourment on Tuesday the 26th of July, the following Convicts received his Majesty's most gracious Pardon on the Conditions mentioned.
To be transported Seven Years, viz.
Fourteen Years, viz.
During their natural Lives, viz.
Richard Mitchel , in July last; George Watson , otherwise William Smith , Hans Eeg , William Autenreith , in January last; James Ward , James Brown , in May last, and George Clippendale , in April last.
The foregoing Proceedings taken in Short-Hand by T. GURNEY, on the Narrow Wall, Lambeth, Author of Brachygraphy; or, Short-Hand made easy, &c.