NUMBER II. PART I. for the YEAR 1764.
Printed for and Sold by E. DILLY, in the Poultry.
King's Commission of the Peace, Oyer and Terminer, and Goal-Delivery, held for the City of LONDON, &c.
BEFORE the Right Honourable WILLIAM BRIDGEN , Esquire, Lord Mayor of the City of London; Sir Thomas Parker , Knt. * Lord Chief Baron of his Majesty's Court of Exchequer; Sir John Eardley Wilmot, Knt. || one of the Judges of the Court of King's Bench; the Hon. Henry Bathurst +, one of the Judges of the Court of Common-Pleas; 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.
Richard Morrison . I am in partnership with Stafford Briscoe; the prisoner came to our shop, on the 10th of December, about noon, and wanted to look at some diamond rings; we could not agree; he went out without buying any. I immediately missed one of a particular pattern, worth 8 guineas: I went out to see for him, and found him in Mr. Townsend's shop. in St. Paul's Churchyard, offering to sell it. I took him before my Lord Mayor; there he acknowledged he did take it. (The ring produced, and deposed to).
John Townsend . I am a goldsmith, and live in St. Paul's Church-yard. The prisoner at the bar came into my shop, on the 10th of December, about 12 o'clock, and offered this ring to sale, saying, it was a friend's of his, who gave 16 l. for it. I told him it was not worth above half that money. Mr. Morrison came in immediately, and charged him with stealing it. The prisoner acknowledged he took it from his shop.
I happened to go into this shop; I wanted a ring; we could not agree; I went out with one upon my finger, not thinking I had it there; I went to the other gentleman's shop, where I had before bought some other goods. As soon as I was in the shop, I found this ring on my finger; I asked him what was the value of it? he said, how much do you ask for it? I said it is not mine. I intended to come back again with it. He told me it was not worth half the money.
Q. to Townsend. Are you sure he wanted to sell it?
Townsend. I am sure he said he wanted to sell it for his friend.
Guilty . T .
68. (M.) Ann King , spinster , was indicted for stealing four aprons, value 4 s. two cotton handkerchiefs, value 1 s. one linnen shirt, one linnen waistcoat, and one linnen gown , the property of Anne Priggs , Dec. 31 . ++
Anne Priggs . I keep a pawnbroker's shop in Spital-fields : the prisoner lived with me about five months. She went away about five weeks ago; I missed some of the things mentioned before she went away, and some after: the people where she went to live, sent me word she was always spending a good deal of money. I went to her, and upon asking her how she came by the money she spent? she said a little girl had given it her: then I wanted to know what she had done with my shirt and a waistcoat, which I had miss'd; she said she knew nothing of them. I brought her to my house; there she told me she had pawned them for Half a Crown, to one Mr. Woodyer. I went there the next morning, and found them and the other things; ( produced and deposed to).
Another girl enticed me to do it. I am but 13 years of age.
Guilty . T .
69. (M.) Munday Musturs , otherwise Pawlet , was indicted for stealing three cloth coats, value 20 s. three cloth waistcoats, value 10 s. one pair of leather breeches, value 4 s. one pair of velvet breeches, value 5 s. one shag waistcoat, laced, value 10 s. and thirteen silver buttons, value 12 s. the property of Richard Oake , in the dwelling-house of John Gundery , June 13 . ++
Richard Oake . I live in Brudenell's Meuse , and am coachman to Mr. Gundery: I lie in a room belonging to Mr. Gundery. I missed the things mentioned, out of my room, on the 13th of June; on that day the prisoner came to me, as I was in the hospital, and asked me to take a walk to Knights-bridge: we went there, and had a dinner of cod-fish. I perceived he wanted to get me in liquor. When we parted, I sent word by him to my wife, I would be with her in the morning. In the morning, my wife came to the hospital, crying, and told me the prisoner was gone away with all my cloaths: he came to me, and seeing her, ran down stairs, and I never saw him from that time, till the day after Christmas-day. I got to be an out-patient in the hospital, and made it my business to enquire after him, and was informed that day, he was at the Red Lion, in Chandler-street. As soon as he saw me, he whip'd up, and ran away, but was soon taken; he then had a suit of cloaths of mine on: we took him before Justice Fielding: he told him he bought them of a Jew, and that he never knew me. He had often been at my house, and passed for a lawyer, and I have since found, he passed with others for a doctor. I came acquainted with him by his lodging at my brother's.
Mrs. Oake. On the 13th of June, the prisoner came to my room, about 8 at night (he used to come every day): he said he had been to my husband, at the hospital, and my husband was pretty well: he said he was hungry, and gave me 2 s. and desired me to go and buy him a rabbet, and fry it; I gave him one again, and went and bought a rabbet, and fry'd it for him. While I was frying it, he went down stairs, and I never saw him again, till about a quarter after 10; then he came and asked me ten thousand pardons; he went and ordered a pot of beer; he was all in a sweat, and look'd confus'd; then he eat the rabbet; sometimes he had no money, but at that time he had money: he went away about a quarter after eleven, and I missed my husband's cloaths in about an hour after, (mentioning them by name.)
Richard Blackman . I am a constable. Justice Fielding sent me to search the prisoner's lodgings, two days after Christmas-day, at the house of Mr. Box, in Shepherd's court: there I found a coat, which the prosecutor said had had the 13 plate buttons on when he lost it.
Daniel Keith . Mr. Oake came to me about the 12th or 13th of June, and asked if the lawyer was there? he was not; he then had lodged with me for about three quarters of a year; from that time I did not see the prisoner for two or three months. When I saw him at a public house as I was going to North-Audley-street, I asked him for the money he owed me, and told him he was advertised; he pulled out a guinea. I said, I'll take you to a public-house, and change it, and send for Mr. Oake; he would not go there. I gave him half a guinea; he said he would call on me for his change the next day ( he owed me 7 s. 6 d.) but he never called; I owe him his change now.
Robert Barker . On the 25th of June, the prisoner pledged a pair of buckskin breeches with me, for 12 s. in the name of Joseph Pawlet , and said that was his name: I live with Mr. Richards, in Brudenell's Meuse; (The cloaths and buttons produced, and deposed to by prosecutor.)
Elizabeth Atkinson . The prisoner lodged at our house; he came about a fortnight after Michaelmas last; he had a couple of pistols, but what he did with them, I cannot say; he went away on Easter Monday, and I never saw him after till before Justice Fielding.
Prosecutor. The place buttons were on the coat, but he had taken them off, and put on others.
These things were deposited in my hands for 4 l. by a man. who said he was a butler to some gentleman in the square; after that, I wanted cash, I went and pawned them: the prosecutor has bound himself by the most horrid imprecations, that he will stick at nothing, but he will take away my life if possible.
Guilty, 39 s. T .
70, 71. (M.) Jonathan Boswell , otherwise Bosell , and Isaiah Hains , were indicted for stealing 200 lb. weight of lead, value 10 s. by ripping it from his majesty's palace, called Somerset House , the property of our Lord the King . It was also said to be the property of Lady Beauclerc , Oct 11 . *
William Latimore . I am an officer belonging to the board of works, and reside at Somerset-house . On the 11th of October, there was about an hundred weight of lead taken away from Lady Beauclerc's apartment there: it was repaired by the board of works the next day. There was an attempt made at it on the 27th, but it was too fast for them to get it away; but on the 3d of Dec. there was about three quarters of a hundred more taken; and upon the 4th, there was some taken from a building belonging to the palace. There was more taken on the 7th, and another attempt on the 19th, but that did not succeed.
Mr. Couse. I have the care of Somerset-house, under the board of works. On the 11th of Oct. Mr. Latimore informed me there was lead stolen from Lady Beauclerc's house: I ordered it to be replaced; there was an attempt again, on the 27th of Nov. then I ordered watchmen to be set, but there was a fire there, which alarmed the whole yard, so nothing was done. About the 3d or 4th of Dec. part of that lead was taken again, and on the 7th, there was more taken from a place belonging to his majesty there.
Matthew Lee . The first time I was concerned in taking lead; was about ten weeks ago. Boswell and I were upon guard; we took some from over Lady Beauclerc's door, and carried it to Thomas Powell 's house, and put it in his wash-house; and in the morning about 6 o'clock, we went both in a coach with it, to Thomas Hartwell 's, in Cold-bath fields, and sold it him for a penny a pound; it came to about 10 s. we shared the money amongst the two prisoners and myself. The next time, we took some from the barracks, at the Savoy. The third time was about a month ago; we took about 200 weight from the place where the watermen stand under, at Somerset-stairs, that belongs to Somerset-house; then Hains was concerned with Boswell and me; we took it between 12 and one in the night, and carried it away between four and five in the morning, each of us carried some in bags, to the house of Thomas Hartwell , and sold that for a penny a pound; it came to about 12 or 14 s. that we divided amongst us three. There was a cloak stolen from Powell's house that morning that we carried the lead there.
Thomas Powell . I keep a public house, in Fountain court, in the Strand. I remember the prisoner Boswell and Lee were at my house one morning, about 7 o'clock; it was about two months ago, I can't tell the exact time. I was told by one of my
Sarah Lane. I live with Mr. Powell. Lee and Boswell came and called for some beer, about 2 months ago; I saw some lead, it seemed to be sheet lead, in our wash-house when they were there. I do not know who brought it; it was in a dirty sack, and put into a place where I put my grease. Mistress lost her cloak much about that time, I believe it was that day.
The prisoners in their defence, said, they knew nothing of what they were changed with.
Both Guilty . T .
72. (M.) James Anderson was indicted, for that he, in a certain field, near the king's highway, on Esther Leesome , did make an assault, putting her in corporal fear and danger of her life, and violently taking from her person, 4 s. 9 d. her property , January 7 . *
Esther Leesome . Last Saturday, I and my mother were going home; the prisoner passed us, then he turned again, and demanded what we had, or else he said he would kill us with a plough tug, which he had in his hand. I gave him 4 s. 6 d. in silver, and 3 d. in half-pence.
Q. Are you certain he is the man?
Prisoner. What she says is false, I had no more than two-pence of her; I saw no silver.
Mary Wright . I am the mother of the prosecutrix. Last Saturday the prisoner passed us in the fields, and after that came and met us again, and swore he would knock us on the head, if we would not give him our money. We gave him our money, and desired him not to abuse us. I gave him 15 d. and he had 4 s. 9 d. of my daughter: after that, he demanded our rings, but we had none.
Mr. Clark. There came a woman to me, and told me, Anderson was in the fields, and wished I would run and fright him away; then I heard a woman hollow out; I went, there the two women said they had been robbed. I pursued him up to the wood, and another man took him.
John Gosling . The woman called out, Stop thief; I followed the prisoner to St. John's wood, he held up this iron, and said he would dash my brains out, if I came near him; (producing a piece of iron near two feet long) I followed him almost to Marybone, from thence to Primrose-hill, and from thence, down to the Belsize-house, below Hampstead church. As I was getting over a ditch, he came back, and struck at me with this iron. I held up my arm to keep off the blow, and took hold of him, and brought him down in the ditch under me, and took the iron out of his hand. He put his hand into his pocket, I thought with intent to take some weapon out; I struck him over his head with the iron, and the blood ran; then he told me he would go civilly with me.
Edward Holdway . I am a constable. They brought the prisoner to my house, and told me, they had got the noted Anderson. I told him I had wanted to see him a good while, and was glad to see him, as we had long looked for him. I hand-cuffed him, to take him away; he owned to several robberies, and this among the rest, and said, he had a groat from one of the women, and two-pence from the other. He denied taking any silver: I searched his pockets, and found no silver.
I had only a groat from one, and two-pence from the other; I had no silver at all, nor did I see any.
Guilty . Death .
There were two other capital indictments against him.
73. (M.) William Paldock , otherwise Balldock , was indicted for stealing one wooden box, value 1 d. and three guineas and a half, the property of Thomas Palmer , in his dwelling-house , December 26 . *
Thomas Palmer . On Monday night last, about a quarter after 7, my maid servant came to me in the back shop, and told me somebody wanted me; I went forward, and saw the prisoner lying cross my counter: he got up and ran away; I pursued him, but could not take him. I returned back, and examined my till; I missed a little box, and the gold mentioned in the indictment, which I had seen in the box about an hour before. The next day, I got a warrant from Justice Palmer,
I know nothing at all about it. The prosecutor told me he would not hurt a hair of my head, if I would tell him where it was.
Prosecutor. I did promise to shew him favour, if he would tell me.
Guilty of stealing, but not in the dwelling-house . T .
74, 75. (M.) Thomas Thompson was indicted, for that he, on the 6th of December , about the hour of three in the night, the dwelling house of John Forbes did break and enter, and steal three woollen great coats, value 20 s. four stuff waistcoats, value 20 s. eight silk and cotton handkerchiefs, eight shirts, a sattin cap, four pair of stockings, a silk cardinal, six pair of leather gloves, four flannel waistcoats, nine yards of silk Persian, and three yards of Mantua silk, the property of the said John, in his dwelling-house , and Andrew Biass for receiving a woollen great coat, and stuff waistcoat, part of the said goods, well knowing them to have been stolen . *
Margaret Forbes . I am wife to the prosecutor. About five weeks ago, our house was broke below one of the shop windows, a whole partition was taken away; all was safe over night; the shop is part of the dwelling-house; we live near the Hermitage-bridge: two watchmen came and called me down about five o'clock in the morning, I found many things were missing; there was a blanket, one stocking, and a child's sattin cap left at the place where they got in; I was before Justice Scott, the Monday after Christmas; there James Grief produced some of my goods which were taken away; (produced in court) here is one of the great coats I can swear to, by the rats having knawed it under the cape, and one of the handkerchiefs I can swear to.
Samuel Branch . Thomas Thompson and I broke into the prosecutor's house, last Wednesday was five weeks, between 3 and 4 in the morning. Under the window, on one side the door, we took the whole pannel out: I got into the shop, and took out three great coats, four waistcoats, eight shirts, and eight silk and cotton handkerchiefs, five pieces of printed linnen, two remnants of silk, one about 8 yards long, a black cardinal, six pair of white gloves, four pair of worsted stockings and an odd one, we dropt the other; I hauled down a blanket from one side the shop, but did not take it away; I handed them out to the prisoner, then we put them into a bag, and went away with them, and the things that we broke the house with, to Thompson's house; there we distributed the things. He took three shirts, and I took three: we sent our wives to sell some of the things in Rosemary-lane. Andrew Biass came the next morning; there he had this great coat, with the hole in it under the cape, and a plaid waistcoat: he agreed to give us 5 s. for them; he tied them up in a handkerchief, and took them away, and I walked part of the way with him: as he was before me, I saw a man apprehend him, then I turned up the Mulberry-garden.
Q. Did Biass know which way you came by the things?
Branch. He heard us talk how we got them; we told him we had done such a thing, and these were part of the goods, and he might have a piece put in where the hole was, for a little expence.
Q. to M. Forbes. Did you miss these goods the evidence has given an account of?
M. Forbes. I did.
Thomas Galton . I had a warrant against Branch from the bench of Justices, on Christmas-day in the morning: I went down to Saltpetre bank, and met with him there between 11 and 12 in the day. He made his information before the Justices, in Whitechapel, on the Monday: he impeached Thompson, as being concerned with him in breaking the house, and Biass for receiving a coat and waistcoat, and also he gave an account of other robberies. Then I went over the water, and took
James Grief . I was sent for to know if I could see any thing of the people that did this robbery. I was coming out of the Gun and Holly-bush, in the Back-lane, and saw Biass, with a bundle under his arm; I followed him; there was the evidence with him; they turned back, and looked at me, and ran away; I shot after them, and overtook them in a little alley; I took hold of the bundle, and said, my lad, let us see what you have got? While I was untying the bundle, they both got away. There was in the handkerchief this plaid waistcoat, and great coat; this is the handkerchief in which they were tied (producing one.)
Biass. That is my handkerchief.
Grief. I advertised the coat and waistcoat in the news-paper, and on Christmas-day in the morning, I was sent for to the bench of justices; there Branch gave an account of the coat and waistcoat. I went and fetched them, and Mrs. Forbes swore to them there: then we went and took Thompson on the other side the water; he said to me, James, is any body sworn in as evidence? I said, no: he said, don't deceive me. He would have been evidence, if he could; we put him in the watch-house, and went and found Biass in his own lodging, at cards.
Branch stole all the things, and left them at the house on the other side the water.
I bought the coat and waistcoat of them, not knowing they were stolen.
Thompson, Guilty . Death .
Biass, Guilty . T. 14 .
William Stevens . My master's name is Berry Rosewell: he lives at the Crown and Cushion at Uxbridge ; the prisoner was servant there. She went away on the 6th of November, without giving notice to any body: Justice Welch sent for my master; I went there, and was shewed a silver spoon, marked with the figure 9; we had twelve table-spoons, all numbered numerically, and on the ends of them were engraved, Sergant, the name of the person who kept the inn before my master; (The spoon produced, with the end broke off, where the name should have been) this is my master's property; we mist the number 9, after the prisoner was gone away.
William Ware . I live with Mr. Spencer, a pawnbroker, in Denmark-street: this spoon was brought to me by a woman who lives in some of the back streets, in St. Giles's; she said, it was a lodger's of hers: it being broke, I stopt it, suspecting it not honestly come by; she went and fetched the prisoner, who said it was her property. I asked her how she came by it? she said, she found it at Charing-Cross, just in the condition it is in, and that she said she would say it to the last. I said I should advertise it; I gave it to the constable, and he carried it to Justice Welch's; he ordered him to fetch the woman: she stood in what she had said. Mr. Welch had it advertised; how he got information who was the owner, I can give no account of, any farther than hearsay.
It was unknown to me. I did not know that I had it.
Guilty . T .
James Parkinson . I live in Castle-yard, Holborn ; I never saw the prisoner to my knowledge, till the mob brought him to my door, with this gown, on Christmas-day, about 11 o'clock, (produced in court, and deposed to). The prisoner made his escape from Guildhall, but was taken; and after that he attempted it again.
The woman brought me to the house, and said, she lived there; she went to the stair-head, and brought me the gown. She went back again, and said she would follow me: she said she would go and leave it in pawn for half a crown. She asked me what I was? I said I was a wig-maker. I am a stranger in London; an Irishman, lately come from sea.
Guilty . T .
John Davis . I think it was the 4th of this Instant, I had a gentleman dined with me in the city, and going with him to the Temple-Exchange Coffee-house, I saw the prisoner standing looking on a show-glass; he walked on, and we came to the lottery-office, under St. Dunstan's church , there was a very great light. I turned about, and saw the prisoner with my handkerchief half out of my pocket; he took it out, and past by me. I took hold of his collar, at Clifford's-Inn coffee-house, and said, you have pick'd my pocket: he said, I pick'd your pocket, Sir! I give you leave to search me: I have none of your handkerchief. I had not then mentioned the word handkerchief, I only said he had picked my pocket; this was about six in the evening. I took him into the coffee house, and sent for a constable, Mr. Webster, who was with me, said, if you can bring any substantial tradesman that can give you a character, you shall be at liberty. He said, there was somebody that knew him, on the other side Temple-bar; after that, he said the persons lived in Old-street. I told him, if he could bring any body next morning, he should then be at liberty, but nobody came; I never saw my handkerchief after. My friend said he saw two other dirty people near him, but I did not. I know I had it in my pocket when I was near Fetter-lane.
This is the handkerchief I had in my hand: (producing a blue and white linnen handkerchief) he asked me what I had done with his handkerchief? I said, if he thought I had dropt it, go back and see; but he took me into the coffee-house.
Guilty, 10 d. T .
George Butcher . I was coming along Fleet-street; there was a crowd of people with two men going into the watch-house, at Fleet-ditch , last Tuesday was se'nnight, about a quarter after eight at night: standing to see these two men, I felt something tug at my fob; I could not well get out of the crowd, and before I could cleverly get my hand down to my fob, the prisoner had got my watch out; I saw it in his hand, and seized his hand while he had the watch in it; he got his hand to his side as quick as he could, and dropt the watch down: I did not see it fall, but it was picked up by a boy who brought it into the Watch-house: I never quitted my hold of the prisoner, till I, with assistance, got him into the Watch-house; all he could say, was, Pray, Sir, Search me: We sent for the constable of the night, and sent him to the Counter, the next day took him before Mr. Alderman Cockayne, who committed him to Newgate.
Q. Was it light or dark?
Butcher. There was a lighted lamp just over my head.
He laid hold of a chimney-sweeper; the boy struggled and got away, and, after I had been in the Watch-house about twenty minutes, a stranger brought the watch in.
Prosecutor. There was a chimney-sweeper's boy
Guilty of stealing, but not privately from his person . T .
(L.) He was a second time indicted, for that he, on Levi Benjamin , on the King's Highway, did make an assault, putting him in corporal fear and danger of his life, and taking from his person one silver watch, value 40 s. his property , December 20 . ||
Levi Benjamin . I live in Shoemaker-row, near Aldgate, and keep a cloaths-shop . Last Tuesday was three weeks, being the 20th of December, about five in the evening, I was coming by London-wall ; I received a blow on my face, and I dropt down by the violence of the blow; I was not able to speak for an hour after: my watch was taken from my pocket; I can give no account of what happened after I received the blow; I saw the man, as he came to me; he had a slapt hat on, in a blue surtout-coat, it appeared to me to have brass buttons on it: it was a dark evening; a gentleman picked me up, and brought me to Houndsditch.
Q. How came he to know where to carry you, as you could not speak?
Benjamin. I said, Houndsditch, Houndsditch; I know nothing of the prisoner: I did not see the man's face that struck me.
Thomas Barnivell . On the 20th of December, about six in the evening, the prisoner at the bar brought this watch, and pledged it with me, in the name of Charles Jones , for 27 s. he told me, he lived near the Harrow in Water-lane Fleet-street; he told me it was his own property: Two days after, I found it was advertised to be stolen, with directions to apply to Sir John Fielding ; I went there immediately, and carried it with me; Sir John asked me, if I should know the man that brought it; I sai d, I could pick him out from 500; he desired me to describe him, I did; Sir John said to his clerk, the description answers very much to Charles Pearce ; Sir John bid me go home, and he would send for me when there was occasion: Upon the 23d, towards the evening, I was sent for, and desired to go to the Public-house, at the next door, and see if I saw the man; I went, and there saw the prisoner at the bar; he no sooner saw me, but he came up to me, and said, Pray, Sir, don't you live in Saffron-hill? I said, yes; he said, have you any business here? I said, yes; said he, I pawned a watch with you; I said, my business was about that: When we came to Sir John's, the office was so full of people, when the door was open, the prisoner, I believe, went out among the rest, and I saw no more of him, till last Monday, when Sir John sent for me again; he told me, the man was taken up for something else in the city: he was examined, I produced the watch, but the prosecutor did not attend, being then ill; but last Wednesday he did attend, and swear to the watch, as his property; the prisoner acknowledged he pledged it, but said, he knew nothing of the robbery. ( The watch produced, and deposed to.)
About three or four weeks ago. I was going up Saffron-hill; I went into a house, I believe the London-prentice; I called for a pint of beer; a sea-faring man stood by me; he pulled out a watch, and asked me, if I would buy it; he asked 36 s. for it, we agreed, I gave him all the money I had, and said, if he would go a little way with me, I would help him to the remainder; I went to the pawnbrokers, and he staid without: I went out to him, and told him, the watch was not worth the money he sold it for: I know no more of the watch being stolen, than any gentleman in this court.
Q. To Barnivell. Did the prisoner go out and come in again, at the time he pawned the watch?
Barnwell. He did, and pulled out some money, and laid it on the counter.
Alexander Moncrieff . About six in the evening, on the 13th of December, between Freeman's-court, in Swithin's-alley , and the 'Change, coming along Cornhill , I felt a hand at my pocket; I turned suddenly, and catched hold of the prisoner's collar, and said, you have picked my pocket: I saw him throw away the handkerchief behind him; he struggled, I threw him down in the street; I looked in an entry, and took up my handkerchief; then I told him; he should go before a magistrate, he begged to be let go; I led him towards the corner of the 'Change, then he stood very still; the mob gathered round; all on a sudden he gave a jirk, upon which I endeavoured to catch hold of him; I missed my hold, he got out of the mob. I called, Stop thief, as he was running over to 'Change-alley: I
Q. When had you seen your handkerchief last?
Moncrieff. I came out of Aldgateward Coffee-house, and I had it when I was going to the New York Coffee house.
I had been in London but two months before this happened; I was ready to faint away when he charged me with it; I know no more of it than your Lordship does; I have a good recommendation from my Lord Mayor of Dublin, and I believe a letter will come from Dublin, from some very good gentleman, on my account.
Guilty . T .
Barnard Shemedes . I had seen the prisoner about some pieces of cloth on Gally-key , and I watched him very narrowly; this was on the 14th of December, and between two and three in the afternoon, somebody said there was a piece gone; I went and took it from under his coat, about twenty yards from where the cloth lay; he said, somebody gave him the piece, and, when before the Alderman, he said he found it: then he said he thought it was a piece of bread. (Produced in court.)
Q. Whose property is it?
Schemedes. It is the property of Messrs. Hill and Hague.
The gentleman says I stole it: I took it up upon the open Key, before a thousand men that might all see me it: was one of the carmen that stood by, that said it was a lunch of bread.
Guilty . T .
It appeared, on the trial, the tobacco was the property of Messrs. Day and son.
83. (L.) Jacob Levi was indicted for stealing a printed book, called, The Adventures of Telemachus, a Common Prayer Book, a French Testament, a French and English Dictionary, the Universal Gazetteer, and divers other books, with other goods, a wooden box, value 2 s. the property of James Wilkie , November 19 . +
Mary Ramsay . I live in Cornhill. Mr. Wilkie had a box, in my shop, left to the care of Mr. Sallicoffer; I do not know what was in it; we went backwards into the parlour, and my sister had neglected to bolt the shop door; we did not miss the box till the prisoner at the bar and that were brought back again; I sent for my brother; the prisoner would not speak; he was committed to the Counter.
John Baillie . About seven in the evening, I was going by this Lady's shop, I saw the prisoner come out of her shop with a box: he ran cross the way immediately: I thought he had taken it feloniously by the manner of his coming out with it; I crossed the way after him; he was then assisted to hoist the box on his back by a woman that seemed to be in confederacy with him: I said, what are you going to do with that box? upon my second application, he threw it down, intending to throw it on my legs, and ran away: I ran after him; he never was out of my sight, till I took him; I brought him back to the box, and from thence to Miss Ramsay's shop; the box was pretty weighty.
Q. How long have you known Miss Ramsay?
Baillie. I never had the pleasure of knowing her before that circumstance happened.
Q. Did you take notice of the man, so as to be sure of knowing him?
Baillie. I took notice sufficiently of him.
Q. Whereabouts is her shop?
Baillie. A little before you come to Michael's Alley.
Counsel. How near was you to the man when he came out of the shop?
Q. Are you sure it was the prisoner?
Baillie. I am.
Q. How far from the place where the box was drop'd, did you take him?
Baillie. Not fifteen yards distance from it.
Q. How soon after?
Baillie. In about three quarters of a minute, I had him back again to the box.
Q. What are you?
Baillie. I am a stationer under the Royal Exchange.
Miss Ramsay. The same box that was brought back by Mr. Baillie, is the property of Mr. Wilkie: It had been in my shop about eight or ten days.
James Ramsay . I am brother to Miss Ramsay; I was sent for to her house, there I found the prisoner in the back parlour, and Mr. Baillie with him: I was told, the prisoner had stole this box out of the shop, and Mr. Baillie had brought him back; I got a constable and brought him to the Counter. The next day, I took him before the Alderman at Guildhall; we took the box there; the things were taken out, there were things of great value not mentioned in the indictment, then they were put in again, and the box nailed up again: the prisoner would not speak one word; he would give no answer at all to what was asked him.
Prisoner. When I went to speak, they would not let me; the gentlemen said, I shall have the pleasure to make a day's holiday, to see you hanged.
Mr. Ramsay. He was asked several questions there and at the Compter; he never opened his mouth to speak.
Mr. Baillie. I asked him several questions; he would not make any answer at all.
They all said I was a Jew. I was afraid of getting my brains knock'd out, which made me afraid to speak: when I was coming along. I heard a cry, about something being lost; a man slipt by me, and away he ran. The gentleman says, he laid hold of me; it was the mob that laid hold of me.
For the Prisoner.
John Hatton . I never knew the prisoner before that time, only I saw some part of the affair that night. I was standing at the next shop to Miss Ramsay's, it is a milliner's shop, looking through the glass, having some jeweller's work to sell: there were people in the shop; I saw a man come out of the shop with a slapt hat, and an apron on; he unbuttoned the door and came out, with a box under his arm; and, in about two minutes after, Stop thief was cried out; the mob laid hold of the prisoner: some gentleman was there said, he had drop'd the box on his toes. I saw the man, as soon as he dropt the box, run cross the way again; it was not the prisoner; the prisoner is not the man that I saw come out of the shop with the box.
Q Are you sure of that?
Hatton. I am sure of it: I am sure that man was taller than this man: I saw him unbutton the door, and go in, and button the door again, when he came out.
Q. Are you sure he is not the man?
Hatton. I am sure he is not: that man ran cross the way; I did not see this man before he was taken hold of, and I saw the other man run cross the way when Stop thief was cried.
Q. Do you know Mr. Baillie?
Hatton. No, I do not.
Q. Look at him. (Mr. Baillie stands up.)
Hatton. I think I saw this man among the crowd. I think he had hold of the man at the bar afterwards.
Q. How long after the box was down on the ground, was it the prisoner was laid hold on?
Hatton. It was not above two or three minutes, I believe.
Q. Where was the other man, at the time Stop thief was first called?
Hatton. The man had crossed the way, and, I believe, ran a dozen yards then. - He ran immediately as soon as Stop thief was cried out.
Q. Did you see the prisoner run?
Hatton. I can't say I did.
Q. Do you say you never saw the prisoner before that night?
Hatton. My lord, I never did.
Q. How came you to be known, to give evidence here?
Hatton. I work among the Jews. I am generally at the King's Arms in Hounsditch on a night. While I was telling the story, some of the Jews went out and brought the prisoner's wife in.
Q. Which side of the shop, where the box came out, was the shop you was looking through the window?
Hatton. That is on the right hand of the shop; it is a milliner's shop.
Q. What time of the night was this?
Hatton. It was about 5 o'clock - I think thereabouts.
Mr. Baillie. It was about 7.
Hatton. It could not be 7 o'clock.
Q. Will you venture to swear it was not fix?
Hatton. I will venture to swear it was not.
Q. What day of the week was it?
Hatton. It was a Saturday night, the 18th or 19th of November.
Q. to Mr. Ramsay. What time was it when you was sent for to your sister's?
Mr. Ramsay. It was after 7 o'clock: I went out immediately; I went for another man: I met this constable, and carried him with me, and he took hold of the prisoner, and brought him out of the shop directly.
Q. to Baillie. How long had the prisoner been in your custody before Mr. Ramsay came in?
Mr. Baillie. I believe it was about ten minutes; it was rather after 7 o'clock.
Q. to Hatton. Where do you live?
Hatton. I live in Wormwood-street, two doors on the left hand from Bishopsgate-street, by Bishopsgate.
Q. What business do you follow?
Hatton. I work in the filagree way, making things for ladies hair, and dress caps in the fancy way; and I was looking to see it they had the same sort of goods as I had. The shop was not shut indeed, at that time.
Q. to Baillie. Did you observe that shop to be open?
Mr. Baillie. The only shop open was Miss Ramsay's.
Q. to Hatton. Where abouts is this shop you was looking in at?
Hatton. The very next door to where the box came out.
Rose Solomon. I have known him fourteen years; he never wrong'd me of a farthing; and if he should come clear, I would trust him again.
Q. In what way of life is he?
Taylor. I do not know.
Guilty . T .
Hatton was committed for perjury on the trial.
84. (M.) Peter Murphy was indicted for stealing one gold ring, value 12 s. one 36 s. piece of gold, 45 guineas, one half guinea, one crown piece, 43 half crowns, and 7 s. 6 d. in money, numbered , the property of Richard Bradshaw , July 17 . +
Eleanor Bradshaw . I am wife to Richard Bradshaw . I had in my room where we lodge, in Wood's Close , a 36 s. piece, a gold ring, to the best of my knowledge 45 guineas and upwards, a half guinea, a crown piece, and 43 half crowns, in a little box, in a trunk by my bedside. I am a milk-woman; my husband works in the gravel-pits . On Sunday the 17th of July, my husband and I were both out, at about five in the morning; we came home between nine and ten. I had seen the money, and counted it on the Wednesday before: upon going to the money, we miss'd it. About a month or five weeks after, I was going up stairs to a woman that mends old cloaths, that lives in the house the prisoner does; going by his room door, I saw him counting a great parcel of half crowns out of his hand into a green purse: I went home and told my husband of it; we knew he was wanting money before; we had often lent him money; the most at a time was 13 s. he owned us 20 s. and 3 d. and had paid me between eight and nine days after our money was gone, and I recollecting that when I was at his house, I laid my key of the room down on his table, while I dined with him. I saw him have it in his hand, but when I went to go away, it could not be found. I was forced to have my lock taken off, for another key to be fitted to it; the lock was not altered at all; and the prisoner had bought cloaths and a great many things: these things together, made me suspect he had got in, and taken my money. I never got the money again.John Fielding 's warrant; and as the coach came by, as they stop'd at the gate, we took him away; the coach drove on directly. He was carried before Justice Culpeper, (he chose to go before him) he was discharged: then I heard him say, Come along, my boys, we will spend a crown of the money now. His trunk not having any direction upon it, as he was going with it, was brought back again to the George-Inn, in Aldersgate-street. I desired the bookkeeper to let me know of it when it came, which he did: we let him come to own it, that we might be sure it was his trunk; there I was ready with a constable, and took him up again. I had before he came, had a constable, and opened the trunk: we found 17 half crowns in it, and 3 l. in small silver. I had, before it was opened, described a half crown that was all like sand holes on the tail side, and that was found amongst them; (produced in court) this I know to be my property, and was amongst the money I lost.
John Colley , the book-keeper at the George-Inn, and George Holmes the constable, that opened the box, deposed to that of the prosecutor describing the half crown before the box was opened. (The jury inspect it.)
The prisoner in his defence denied the charge; and called Richard Neal , Towel Gallagan, Thomas Pierce , Peter Hughes , John Gardner , John Delany , and John Bell , who said he was a taylor by trade, and gave him a good character.
William Sharp . I am a pawnbroker . On the 9th of December, a piece of cheque was taken out of my shop in the evening. I miss'd it the next morning; as she was the only person that had been there that we could suspect, I concluded it was likely she might cut it into pieces, to make away with it, by way of sale, or pawn. At the first pawnbroker I went to, I found 2 yards of my cheque; this was in the same court in which I live: I got a warrant, and took her up. She said, if I would let her go to her room, she would give me the remainder of my cloth: upon which, the justice ordered me and the constable to go and search her lodging. We went; she would not open her door; we took her again to the justice: he committed her to Bridewell on suspicion. On the Monday, we had a search warr ant; we went and found her husband; he admitted us into the room; we told him we had a warrant to search his room: he took out about 4 yards and 3 quarters of cheque, that was hid under the bed. We found at Mr. Siers's shop, a pawnbroker, on Clerkenwell-Green, 7 yards pledged there, for 4 s. 6 d. and at Mr. Warner's, a pawnbroker, in St. John's-street, we found 6 yards: then I had found near 20 yards. Returning home, by Hatton-wall, I saw at Anne Stowe 's shop, a sale-shop, some of the same in the window: I went into the shop, and enquired where she bought it? she acknowledged she had bought 2 yards of the prisoner, and I had 2 yards by me, which I had cut off before the cheque was lost. The pieces all correspond, and all circumstances agree; and the prisoner loitered about my shop that night a considerable time; I have no doubt but that they are mine: what were pledged, was in her own name.
Benjamin Keen . I am an apprentice to Mr. Sharp. I shut up the shop about 5 that evening, the piece of cheque was then in the window; about 7, the prisoner came to pledge something; she refused to take the money I proffered to lend her; she still staid in the shop: when a person came into the shop, she said she would take it: I went up stairs, and bid her stay till I came down; then I gave her the money, and she went away. She came in again, in about an hour after, and brought a hat to pledge; I denied taking it in; she went away, and in about a quarter of an hour she brought in a pot of beer, and asked me to drink; I denied it, and would not a good while; but before she went out of the shop, I did drink: she said it was paid for, and went out of the shop. I never miss'd the cheque, till my master miss'd it; there had been no person but she in that place, from the time my master went out; the other person that came in, was in a different place.
Anne Stow . I keep a sale-shop, at Hatton-wall. On the 10th of December, the prisoner brought 7 yards of cheque into my shop, and asked me if I would buy it? she said it was a little bit belonging to a woman just come out of the country, in necessity; I bought 2 yards of it for 16 d.
William Wosley . I am a constable. I found a piece of 4 yards and a half under the prisoner's bolster, and about 6 yards at a pawnbroker's, on Clerkenwell-green; the pawnbroker said it was pawned in the prisoner's name.
Nathaniel Warner . I am a pawnbroker, in St. John's-street. On Saturday the 10th of December, in the morning, the prisoner pledged 6 yards of cheque with me, for 4 s. in her own name. She said, she brought it from a person that was very bad, and wanted some money upon it. (The divers pieces produced, and deposed to by prosecutor.)
I got the cheque from Scotland, from on board Captain Gordon's ship: it is my own property.
Guilty . T .
86. (M.) Thomas Mayo was indicted for stealing a feather-bed, value 10 s. a bolster, value 1 s. a pair of linnen sheets, value 3 s. two woollen blankets, one copper pot, and one brass candlestick, the property of Elizabeth Goram , widow , in his ready furnished lodgings , December 31 . ||
Elizabeth Goram . I keep a cook's shop in Tottenham-court road . The prisoner came to lodge in a ready furnished lodging in my house, about five weeks ago; the things mentioned in the indictment, were part of the furniture: he left his lodgings this day fortnight, and took the things mentioned away.
George Reynolds , a cabinet-maker, in Oxford-road, deposed, the prisoner brought the feather-bed to him, and sold it for 26 s. saying it was his own; and after that, he brought the copper pot, which he sold to his wife, for 3 s. 6 d.
I sold those things for another man, that desired me to sell them for him.
Guilty . T .
87. (M.) Sarah Smith , spinster , was indicted for stealing one pair of linnen sheets, value 6 s. one copper tea-kettle, one brass candlestick, and one flat iron, the property of William Patrick , in her ready furnished lodgings , December 9 . ||
Guilty . T .
Thomas Rogers . I live in Cherry-tree alley, Bunhill-row . I am a leather case-maker ; I miss'd my money several times, and could not tell where it went; I could not be positive to the sum, till the last, which I lost on the 24th of September; that day I lost 6 guineas and a half, from out of a long box, in a drawer in my bedchamber, up one pair of stairs; the prisoner was an apprentice to a lodger that I had in my house; she had lived in the house four years: she had been absent from her master some time; she had lain out once or twice, and her master would not take her in, fearing she should rob him. She came in on the 24th of September: I enquired about her, and found she was gone to Norwich, with a weaver's wife; but upon the Thursday before Christmas, she was seen in Norton-Falgate, by a little girl, who got a man to bring her home. which he did, to the top of the alley, where I live, and I was sent for. I took her into the Green Dragon alehouse; her master was there: I went for a constable, and when I returned, I was told she had confess'd: then she told me she had taken 21 guineas, and how she had spent a great deal of it; and that some of the neighbours encouraged her to play at cards. The same she told me afterwards in prison. I had once seen her head peep over the wall; she told me one Garland, the next neighbour, lifted her up, and that he frequently used to lift her over the wall, to get into the house, when she was locked out.
George Garner . I live in the same house with Mr. Rogers. I heard the prisoner own, at the Green Dragon, on the Thursday before Christmas, that she had taken 21 guineas, and how she had treated this neighbour Garland, and others, to the value of 14 or 15 l. she gave me the list of it.
William Laney . This unhappy girl is my servant. I am a lodger at Mr. Rogers's house; I did suspect she was got into some very bad company: I examined her how she came by things which she had, ribbons, necklaces, and cloaths; she said a young man gave them to her. I being a silver orris weaver, was fearful of being robbed: she had not been in my service at all, for three weeks before she was taken up.
Q. How old is she?
Laney. I believe she is about 15 or 16 years of age. She is a poor unhappy girl, and has no friends at all.
I got into very bad company, and they set me on to do any thing.
Guilty . Death . Recommended to mercy.
Daniel Germain was indicted for stealing a pair of leather coach wheel harness , the property of William Hebberden , Doctor of Physic , December 16 . +
Edward Lloyd . I have known the prisoner about a quarter of a year. I bought a pair of leather coach wheel harness of him, yesterday was a month, for 16 s. he told me had them of Lady Betty Germain 's coachman. (produced in court.)
I bought them of a man going up Holborn, named Riley.
Guilty . T .
90. (M.) Elizabeth Godwin , widow , was indicted for stealing one silk capuchin, value 1 s. one sheet, value 1 s. one cheque bed-curtain, value 4 s. and two flannel petticoats, value 1 s. the property of Adam Ragg , December 10 . +
Adam Ragg . I am a weaver , and live in King's-head-court, Petticoat-lane. My wife had been ill near four months, and having two small children, I was forc'd to have somebody to assist; so my wife hired the prisoner at the bar, weekly; she was with me about 7 weeks. I never suspected any thing, till the 10th of December, when she was going away: by enquiring, the things mentioned in the indictment were found at two different pawnbrokers; the prisoner confess'd she pawned them, and that they were my property.
Guilty, 10 d. W .
91, 92. (M.) William Billet and Richard Bevas were indicted, for that they, on the 15th of December , about the hour of four in the night, the dwelling-house of John Skelton did break and enter, and stealing four cotton shirts, value 15 s. four sattin waistcoats, value 3 s. 4 d. five cotton waistcoats, value 1 l. 2 s. nine handkerchiefs, three silk handkerchiefs, value 15 s. four other waistcoats, a pair of stockings, value 1 s. three red handkerchiefs, value 12 s. and other things, in the dwelling-house of the said John . +
John Skelton . I live near Union-stairs, Wapping . I came down in the morning, on the 16th of December, between 7 and 8, to open my shop: I went on the inside of my counter, and missed my things that hung in the window over night; the things mentioned in the indictment were gone, (mentioning them by name): the two prisoners were taken up on the Friday evening, and several of these things were found upon them, within twelve hours of the fact being committed.
Thomas Galton . Those things were delivered to me, by the Bench of Justices, at Whitechapel. I was at the stripping of the prisoners. (He produced a handkerchief, 2 waistcoats, 3 cotton shirts, 2 pair of gloves, and one printed waistcoat.)
Prosecutor. I lost two waistcoats of the same pattern of the printed one; these are my property.
Galton. The prisoners told me they had these things on board; that they bought them of people that came to sell them at Gravesend.
Archibald Macknealer . I am a watchman. On going my rounds, between 3 and 4 o'clock in the morning, I saw neither man, woman, nor child in the street; but there lay a little dog upon a pair of new gloves, that were stitch'd together by the tops. About 20 or 30 yards farther, there lay a pair of other gloves without thumbs: I carried them to the watch-house, and said, I believe there is something wrong; I had found two pair of gloves in the street.
John Molton . On the 13th of September, going to the Black Boy, on Saltpetre-bank, I saw the two prisoners at the bar in a deplorable condition for cloaths. The next time, being Friday night, I went in there, to look after Samuel Branch ; I saw them both dressed in these things here produced. I took hold of them, and carried them to the watch-house: a woman came, and desired to look at their shirts; I opened their waistcoats, and the moment she looked at them, she said, Lord have mercy upon me! poor creatures, I am sorry for you. We carried them before the Bench of Justices, and they were committed: (He takes up a waistcoat and one of the shirts) these I took from Billet's back, and the other things from off Bevas, (one shirt, 2 waistcoats, and one pair of stockings.) I was desired to assist the officer in carrying them to New Prison: the prisoners were pretty much in liquor when I took them. Billet swore he would sell his soul and body and all for a groat, nor did he care if his body was thrown in the street to the dogs.
My father fitted me out to go to the West Indies, and when I was at Gravesend, the bomb-boats came on board, and I bought these things there.
I belong to the same ship; I had received my river money, and bought a shirt, 2 waistcoats, and a pair of stockings.
Q. What day of the week?
J. Billet. It was on a Tuesday; then he had about 10 s. in his pocket; he had it of me. I bought him 2 pair of trowsers, 2 jackets, and 2 cheque shirts.
Q. Look at these shirts here produced.
J. Billet. I cannot swear that these are them. (Note, the shirts were not cheque, but striped.)
Both Guilty . Death .
James Salloway . I was ill in bed at the time the prisoner is charged with stealing the coals: I can only say, they were my property, as they were delivered into my custody; I am chargeable with them.
James Anderson . On the 16th of September, we sent twenty-eight sacks of coals to Esq; Leak at Mile-end, and I wrote the bill of parcels of that quantity, and delivered it to the prisoner: he drove the waggon with them; when he returned, he never mentioned a word that there was a misunderstanding: the other man that went with the other cart, brought me a few lines from Mr. Leak, that there were four sacks wanting, I read it to the prisoner, (my master, Mr. Salloway, was then ill in bed), the prisoner told me it was a mere mistake of Mr. Leak's boy, that should have taken an account of them, occasioned by his playing backwards and forwards with the girls. I saw the twenty-eight sacks delivered to the waggon.
William Jagoe . I am servant to Mr. Leak: the prisoner came with a waggon with coals, and delivered a ticket to me of twenty-eight sacks, but he brought but twenty-four; Mr. Leak and I chalked them down as they were brought in: I taxed him with the four sacks: he insisted upon it, he had brought twenty-eight, and my master might come and count the sacks. My master sat at the parlour-window, and chalked down as he brought them in, and I in the place where the prisoner brought them. My master came and asked me, how many I had chalked down? I said, twenty-four; the prisoner said, my master might come and tell the sacks; my master said, very likely, he might have twenty-eight empty sacks, but he had brought but twenty-four with coals, he was sure: my master sent a paper by the man that came with the next cart.
- Heath. I brought the note from Esq; Leak, who told me, the last waggon that brought the note for twenty-eight sacks, brought but twenty-four sacks. I delivered the note to Mr. Anderson the clerk, and told the prisoner there was a sad dispute at Mile-end: you delivered but twenty-four sacks instead of twenty-eight; he said, it must be a mistake of the footman.
Q. To Anderson. If a sack is to be delivered by the way, do you give a note with that?
Anderson. I always deliver a ticket of it.
I asked my master, what was to do? he told me, there was ten chaldron of coals to go to Mr. Leak's at Mile-end: I got it half loaded, and he stood by the waggon side: there came a gentleman on the wharf, and said, he wanted a sack of coals; my master ordered him a sack; said he, must I pay your servant that brings them in; my master said, as you please for that; he pulled out 3 s. and gave it into Mr. Salloway's hand; my master said to me, Thomas, load twenty-nine sacks; I loaded twenty-nine, and put my horses too: my master followed me into Fox's Lane; he there chalked the sacks, that nobody might have any suspicion, but what the sacks were his; he showed me the door where the sack was to be delivered; I knocked at the door, and a woman opened it; I carried it down the entry; I shot the coals; she said, must I pay your master for the sack of coals? yes, said I, my master is at the door; my master said, come along, I have received the money for the sack upon the wharf; I said, you may pay me for shooting; she gave me threepence: I put the empty sack into the waggon: going up the hill, my master said, Thomas, stop, I'll get up and chalk the other sacks, that nobody shall have any mistrust of these other sacks,
For the Prisoner.
Mrs. Ashford. I live by Shadwell church. I dealt with Mr. Salloway for coals: the last sack I had, was the Saturday was se'nnight, before Christmas day: I can't recollect the times the prisoner brought them; he brought them never above one sack at a time, but once, then he brought two sacks.
Q. When was that?
Ashford. I believe it may be three months after my child was born, and that was born the 12th of May.
Q. Was Mr. Salloway by at the time they were delivered?
Ashford. I cannot tell that; I only saw him twice at my house.
Q. How many sacks at a time?
M. Williamson. I had only one sack at a time, except once, then I had two sacks; that was ten days before Christmas.
Q. Did you pay the prisoner for them?
M. Williamson. I never paid him for any.
Q. Did you see Mr. Salloway at that time?
M. Smith. No, I did not.
Q. To Salloway. Was you in good health or ill, on the 16th of September?
Salloway. I was very ill in bed, and attended by Dr. Fothergill. I am sure I was not down stairs that day.
Q. To Anderson. How was Mr. Salloway the 16th of September, for health?
Anderson. He was in bed all that day; he had been ill above a fortnight before.
Guilty . T .
George Price was indicted for breaking and entering the dwelling-house of Bamber Gascoyn , Esq ; with intent to steal the goods and money of the said Bamber , December 23 . *
Abraham Adams . I missed the lead from over six windows, last Wednesday was se'nnight, in the morning. I set two men, Parsons and Evans, to watch in the building, and about 12 at night, Evans called me up, and said they had catched one of the thieves; when I came there, Parsons had got the prisoner on his back in the back kitchen. I took him to St. George's Watch-house, and from thence to Sir John Fielding , where he owned the fact, and told us where the lead was, in Old Street, where we found it, and brought it to the windows, and it fitted exactly.
Prisoner. I went along with them, and shewed them where the lead was. I never did such a thing before.
Guilty . T .
John Carnes . The prisoner was at my house on Christmas-eve; I being ill, desired him to go away; he did not seem inclined to go. I went to bed about 11 o'clock; I hung my watch behind the head of the bed; the next morning I missed my watch and two pair of shoes.
Robert Commey . I took the prisoner up last Saturday; I searched him, but found nothing upon him; he owned he took the prosecutor's watch, and offered me 2 s. to let him go; and said, he had 3 s. due to him at another place, which he would give me also: I would not let him go; he offered to make his escape from me, but I kept him secure.
Job Biffen. I am an officer, and live five or six doors from the prosecutor. I had the prisoner in charge; he would not confess to me till the prosecutor came in; then he said to him, I have fed you and served you, how could you go and serve me so? you could not do it for want, as you have 10 s. a week; then the prisoner owned he took the watch, to us; the prosecutor asked him, where the watch was, and said, if he would tell him, he would go and take it out, and he should go about his business; the prisoner said it was somewhere in St. Giles's. We took him before Justice Berry; there he would not speak; the Justice said, you rascal, why don't you speak? then he said, I took the watch. What have you done with it? I have pledged it. Where? I don't know, it is somewhere by St. Giles's Pound. Go and shew the man where it is. The Justice wrote his mittimus to Newgate: we took him first to St. Giles's, then he said it was not there: we went farther; he wanted to make his escape, when we were going back again, down Tyburn-road; he said, this is the house, I believe, but cannot tell. We could not find it, then we took him to Newgate.
I was going cross Tower hill; Commey was tossing up; he said, he had lost a shilling; so I offered to give it him, when we were going to Newgate: I said, it does not signify to look for it; I know nothing where it is; he said, come, go along to please the old man, whether you get it or not.
Guilty. 39 s.
97. (M.) Elizabeth Osborn , spinster , was indicted for that she, in the dwelling house of Stephen Scott , near the king's highway, on John Bailey , did make an assault, putting him in fear and danger of his life, and violently taking from his person one shilling, his property , December 10 . ++
John Bailey . I and my fellow-apprentice were going to the play, on the 10th of December; we stopt about a door or two from Little Queen's-street, about half an hour past seven at night. My companion went up an Alley, and I stood at a corner: the prisoner was there; she said, I should go home along with her, which I refused doing; she pulled me round the corner of Queen's-street, and called to another woman (that is here a witness) to assist her: that woman did not very readily comply with her; the prisoner did swear a great many oaths at her, and asked her, why she did not assist? after that, one took hold of one arm, and the other the other, and dragged me into Cross-lane ; when they got me to the door, I said to the prisoner, what shall I give you to let me go about my business? she said, any thing; I gave her two-pence for a pint of purl; after that
Q. Did you know either of the women before?
Bailey. I never saw either of them before, to my knowledge.
Q. How old are you?
Bailey. I shall be 20 years of age next June.
Q. How many times might you have been at the play last year?
Bailey. I was there but once last year, and but once or twice this year.
Q. Did you make any attempt to get free from them?
Bailey. I can't say I did.
Q. Why did you not, when you was in the street?
Bailey. I began to be frighted, seeing nobody but whores and thieves: I was afraid she would call out murder, and I should fall into bad bread.
Court. So then you rather chose to wait till the other woman came down, to help you up stairs.
Q. What did they get from you in the whole?
Bailey. Two shillings and two pence, but I got one sixpence back again.
Q. Was it your master's money?
Bailey. No; but I wanted it to go to the playhouse.
Q. When was this?
M. Jones. It was this day 5 weeks.
Q. Where do you live?
M. Jones. I lodge in Cross-lane.
Q. How long have you lodged there?
M. Jones. I lodged there a month.
Q. How long has she lodged in that lane?
M. Jones. I don't know. As we were coming out from drinking the purl, she said, will you go home with me? She met this young man; I was on the other side, turning into Queen-street, about five yards before her: we went cross the street, through Queen-street, and to Cross-street; she asked the young man to go with her; she said, he was her acquaintance: she said, her husband was at home, and he would hand me down the candle to one pair of stairs; we went into a court, to a house next door to the Boot. As I walked before them, she asked me to take hold of his hand; he refus'd it. I said, why should you ask the young man to go, when he does not chuse it; she call'd me fool. I refused to lug him along: I walked before them, and at the door he gave her 2 d. for a pint of purl: she told me to go up stairs, I did: there was a drummer, he gave me a candle upon the stairs: I held it in my hand, and lighted them up stairs as I stood upon the stairs. When they were up stairs, she asked me to come in; then she asked me if I would be concerned with him. I told her I would not: she picked him up. They offered me some beer; I saw him give her 6 d. she asked him for another; he gave her another: she gave me one of them; then she intruded upon him to give her a shilling more: I turned my face to the fire, and he cry'd out murder. I turned round, and saw a knife in her hand: I asked her if she was not ashamed to show a knife to any body. She bid me mind my own business. She did not intend to hurt him, but to fright him, to see if he would
Q. Did you see him give her any thing after you saw the knife?
M. Jones. No, I did not. I desired her to give him the 6 d. but she would not; then I gave him the 6 d. I had; he was then gone down stairs, and stood at the street door. There were several people came down, and asked her if she was not ashamed of herself, by reason the young man call'd out, and cry'd, concerning his master's 6 d. I would not go in her company any more. On the Monday, I went and bought me a pair of pumps, and met the prisoner, and another woman with her. I told the other woman what a fright I was in: we were all three taken up about the middle of Queen-street.
Q. What became of the drummer after that?
M. Jones. I do not know. He came to the gaol, and threatned to destroy me.
Q. to Bailey. Who is your master?
Q. Is he here?
Bailey. No, he is not.
Thomas Oaks . I am a constable. On Monday evening, the 12th of last month, Mr. Marsden, and this lad, Bailey, came to my shop: Marsden said, this lad has been robbed by some of my neighbours. I asked the lad if he should know them? he said, he should. I desired him to go into a public-house, a little way down Drury-Lane, and see if any of the parties were there: he did, and said there was none of them. We went down Great Queen-street, then into Little Queen-street; going along, I saw some women standing; I went to them, and said, young man, look at these women; he bid me take hold of the prisoner at the bar: I took her by the wrist; he said, this is the woman, I will swear, that held the knife to me and robbed me; the evidence was going along towards Holborn. I said to her, where are you going? she said she was going home. I called to the young man, to come and look at her: he had a sight of her face, by the light of a lamp, in Little Queen-street; said he, this is the woman that was with her. Mr. Fielding's clerk asked the young man to show the place where he was ill treated; he said he could; we went to Cross-lane: when we came to the place, it was dark; he went and got a half-penny candle, and lighted it, and went directly up to the very room of the prisoner at the bar, and said, this is the room where I was threatened and robbed: we took the two women to Sir John Fielding ; he committed one to one place, and the other to another: the drummer was sitting by the fore-side, when we went into the room.
The young woman, Mary Jones , was at the door; she was a stranger to me; I never drew a knife on any body in my life; that was an old rusty knife, with which I fastened the door. I held it in my hand, but never threatned to stab him; I never put it near his belly, nor any thing like it; I never was so bloody-minded.
Guilty . Death . Recommended to mercy.
William Ward . I am employed as a watchman on Botolph Wharf Key . We were shipping some tobacco on the 29th of December. In the evening, I saw a handkerchief with a bundle, handed out of the lighter, into an empty lighter. I told Mr. Linton, whom I am employed under, of it; he ordered me to go and fetch it; I went, and found a handkerchief, with about 20 lb. of tobacco tied up in it.
Q. Do you know who handed it out of the lighter?
Ward. I do. It was the prisoner at the bar: I saw him.
Q. Were there any other people in that lighter at that time?
Ward. There were three or four people in that and the empty one; there was only one in the lighter with Beckett.
Q. Do you know who received it?
Ward. I do not.
Q. Was the tobacco shipped in casks?
Ward. It was.
Q. Was any of the casks with the head out?
Q. Do you know where the tobacco was taken from?
Ward. No, I do not.
Q. Whose tobacco was it?
Ward. I do not know.
Q. Were the hogsheads all close when you went down?
Ward. They were; but they had been meddled with.
Q. Do you know who gave it to the prisoner?
Ward. I do not: I don't think the prisoner at the bar was guilty of taking it out of the hogshead.
Q. Who was?
Ward. That I don't know.
Barnabas Linton . This evidence is a servant under me, to take care of these lighters, and other goods, upon the keys: he called me in the dusk of the evening; I stepped forward, with a candle and lanthorn in my hand: he said, I saw a handkerchief handed out of the lighter into an empty lighter; I bid him go and fetch it up; he did; I carried it to a house in Dark-house-lane, and laid it down. After the prisoner came in, I asked him if he knew who took the tobacco? Mr. Ward
Q. Where do you believe it was taken from?
Linton. From out of a hogshead.
Q. Why do you believe that?
Linton. There had been a hogshead opened, and it was put close too again; but when we came to examine it narrowly, we found some tobacco was missing.
Q. to Ward. Did you examine the hogsheads?
Ward. I did immediately, and found one of the heads was hollow; it went in.
Q. to Linton. Whose tobacco was it?
Linton. It was the property of Messrs. Bucannan, Hinman, and Lankaster; there was no other tobacco that was shipped, but theirs; I have known the prisoner 8 years, and never heard he was detected in any bad action, nor ever saw any thing bad of him. I don't believe he was the man that opened the hogshead.
Q. Explain your reason for your belief?
Linton. All the reason I have to believe that, is, I never saw him down in the lighter; he was at the end of the lighter, holding what we call the Guy. I always looked upon him to be an honest hard-working man.
Q. How much tobacco was missing?
Linton. It is impossible to judge; but according to my opinion, there was more than 20 pounds missing.
I was working at the tobacco; I never saw the handkerchief, and know nothing of it. There were five men along with me.
To his Character.
Q. Did you see a handkerchief handed over the barge by the prisoner?
Sketes. No, I did not. I have known him about 10 or 11 years: he is a good honest man, as far as ever I knew.
Richard Sanger . I have known him 20 years, and been conversant with him the whole time: I always had a good opinion of him; I never heard any thing to the contrary, but that he was a very honest, industrious man. He is a lighterman.
William Stevenson . I belong to the Custom-house. On the 3d of this instant, between 4 and 5 in the afternoon, I was weighing some goods: I saw the prisoner with a piece of cloth in his hand, behind him: Hollo, said I; with that he dropped the piece behind him, and turned about seemingly unconcerned. Said I, what was you doing with that piece of cloth? he said, he did not touch it; we seized him, and carried him to the Compter, and the next day before the sitting alderman, at Guild-hall, who committed him to Newgate. As we were going to Newgate, he said, he had it in his hand; that he took it from the ground, and was going to lay it on a chest: the cloth came out of a Hamburg ship, packed up in chests: (produced in court) in one chest there was a place where it had been drawn out.
I had just done loading a cart with butter-sirkins: I saw a crowd of people, and came over to see for another jobb. I saw a piece of linnen lie on the ground, I took it up, in order to wipe it
To his character.
James Neal . I have known the prisoner twelve years; he has been in England 6 years; he was pressed on board a man of war in London: he has not been long come home. He has worked at day labouring work up and down; he had a very good character before he left Ireland, and he bears a good character since he came here.
John Cowman . I am a victualler in White-chapel. I have known him between five and six years. He resorted to my house at his first coming, when he was press'd: he was gone very near four years; then he came as far as Spithead; there he had a ticket, and came to London, for a fortnight. Then he came to my house again. I never heard any harm of him in my life; he has been at my house commonly. Last year, he worked at ballast-work, and on board of ships. I never heard but that he was very honest.
Guilty . T .
Barnabas Linton . On the 5th of this instant, between one and two in the day, I was coming down Dark-house-lane. On Sumer's key there were divers chests of snuff: I saw the prisoner with a canister in his hand, walking up Sumer's-key gate-way: I said, Hollo! what have you got there, my friend? he had got about 20 yards from the chests; he came back again with the canister in his hand: said he, I don't know what it is: I said, how came you by it? he said, he found it in the gateway. I had seen it in his hand before he came into the gateway.
Q. What was in the canister?
Linton. It is full of Havannah snuff; (producing it) when we came to examine the chests of snuff, one of them was opened.
I was walking up, to look for some work, and found it on the ground. The gentleman said, Hollo! what have you there? I said, I don't know; if it belongs to you, you may take it.
Guilty . T .
William Barrett . I am a coachman , servant to Mr. Bedle, and live in Bishopsgate street . I pulled my coach out into the street, before 10 o'clock in the morning. I went into the house, to get a pint of beer, and when I came out again, my coat was gone from off the box, where I had laid it; I saw the prisoner going cross the way with it on his shoulder: I call'd stop thief; he looked back, and saw me, and threw the coat down, and ran away; I pursued, and took him: he said, another man took it from off the box, and gave it him to carry cross the way, and he was to have a pot of beer for his trouble. I got a constable, and took him before my Lord Mayor, and he was committed.
Q. Did you see any body with him?
Barrett. No, I did not.
Q. How long had you been gone from the coach?
Barrett. Not above three minutes. This is the coat I have now on.
Joshua Tinsdale . On the 19th of December, I was at my own door, in Bishopsgate-street; the prisoner was by the coach, opposite my house. I saw him get upon the fore wheel, and take hold of the coat, and pull it off; just as he had got it off, the prosecutor came out at the door: he ran directly round the coach; I heard him say to the man, where is my great coat? the prisoner was going back again, to put it on the coach; he seeing the prosecutor look at him, threw it down, and ran away. He was soon taken.
Q. Did you see any body with the prisoner when he took the coat?
Tinsdale. I did: there was a man standing about 8 or ten yards from the coach, seemingly to belong to the prisoner: he seemed to give motions to him.
I was going to look for work, and a young fellow was standing by the coach; he desired me to take the coat cross the way for him, and he would give me a pot of beer.
Guilty . T .
Richard Jewes was indicted for stealing a silver tankard, value 4 l. 10 s. the property of Edward Lloyd , in his dwelling-house , January 4 . ||
Edward Lloyd . I live at the Green-Dragon, in Bishopsgate-street . The prisoner used to come to my house to drink; he behaved very well. I stood at the farther end of the house, on Wednesday the 5th instant, about 7 in the evening: the prisoner came into the tap-room, and stood against the fire. My servant and he had some words together; I saw the prisoner go towards the door, with a tankard by his side; it was without a lid. My servant followed him out at the door; in a little time he returned to me, and said, I have let the tankard go to Mr. Marshall's shop (Mr. Marshall is a barber); I said, it is very well; no more passed that night. The next morning, going there, and not finding my tankard, I then suspected it was lost. I made the best enquiry I could, about the prisoner and tankard; I found the prisoner at the Crooked Billet, in Kingsland-road, about four or five days following: I told him, there was something betwixt him and I, and desired to speak to him on one side; he said, he knew there was something. A man in company looked me in the face, and asked what I wanted with the man? I said, unless you behave yourself well, I shall take you along with him. I told the prisoner, if he would tell me where my tankard was, or if he had pawned it, I would pay the money, and take no farther notice of it, and it will be the better for you. He said, he had carried it into Hounsditch, and met a Jew, and the Jew gave him a guinea, and a bad shilling for it: he produced the shilling immediately: we removed him from that public-house to another, and talked to him in the same manner; he persisted in it he could say no more. I asked him, did the Jew ply you, or did you call to him? he said, he was drunk, and could not well tell.
Q. Did you ever meet with your tankard again?
Lloyd. No, I never heard any thing more of it; the prisoner was carried to New Prison, and afterwards he had a hearing before a magistrate, and he was committed to Newgate.
John Barrett . I am Mr. Lloyd's servant. The prisoner at the bar came into the house, and called for a tankard of beer: I drawed it in a silver tankard; he stood with his back to the fire, and bid me put it on the bar; I did, and went about my business directly. I came out of the cellar, and saw him take it from the bar, and go to the door; I followed him: he said, I am going to the barber's with the tankard; I stood at my master's door and saw him go in at the barber's shop, with the beer. In the morning, I went to the barber's for the tankard, and it was not there; they said, the young man came in with a tankard, almost full of beer, and he brought it back again, as the person was not there, which he said he brought it to drink with. I never saw him since he took the tankard from the bar, till to-day; he had used our house once or twice a day, for about two months.
Q. from the Prisoner. Whether did you give me the tankard, or I took it from the bar?
Barrett. The prisoner took it from the bar.
Q. Did any body else see me take it from the bar?
I was born at Highgate: I work for Mr. Miles, a coachmaker, in cammomile-street.
Guilty . Death .
Mary Hopkins . I am matron of the hospital, in Petty-France , belonging to the Coldstream regiment of foot guards. On the 8th instant, I saw the sheets hanging, almost dry, from the window; they were upon a line in the garden; I am not certain to the number missing; I missed 4 pair, and an odd one, on the Monday morning.
Mary Hopkins . He is master of the Hospital . The sheets he bought and paid for. He pays all the bills in the house. There was a workman's ladder left, that helped the man over the wall. The sheets were mark'd C. S. R. as they belonged to the Cold Stream Regiment, that was raised at Coldstream in Scotland, from whence they take the name: (produced in court) I marked them with scarlet worsted.
Q. Whose property are they?
M. Hopkins. They are the property of the regiment.
Q. What is this hospital?
M. Hopkins. It is supported by the officers of the regiment.
M. Hopkins. Mr. Traquet pays for them: he is the doctor of the regiment, and steward of the hospital besides; he orders every thing but the diet; that I take care of. He lives in the Strand.
As the property appeared to be in the officers, and not in Mr. Traquet, he was acquitted .
Benjamin Cotton . I am an upholsterer by trade, and work in Long-acre; I was going home last Tuesday was se'nnight, about seven at night, to near the Monument; I went in at Mr. Warcus's an auctioneer in Fleet-street : the prisoner was standing by me in the shop: there was a book put up, which I wanted; I got up pretty near the auctioneer: I put my hand into my pocket, and put my handkerchief as far as I could to the bottom of my pocket, fearing somebody should take it: then I put my hand in my bosom. When I put my hand in my pocket again, my handkerchief was gone: the prisoner was then about six or seven yards from me going off, which made me have a suspicion of him; he got to the door: I put my hand through the people, and took him by the collar, and bid him stop a bit; I said, I had lost my handkerchief, and had a suspicion of him: he immediately pulled my handkerchief out of his pocket, and gave it me; I asked him, why he did so? he said he had no work, and poverty drove him to it. Mr. Warcus obliged me to prosecute him, because several pockets had been pick'd in his house. I really believe the poor fellow was in want at the time. (The handkerchief produced and deposed to).
I found the handkerchief on the ground; I was going away: I said, if it was his, he might take it. I am a barber, and have been but twenty-two weeks from Bristol.
Guilty, 10 d. T .
Henry Bevan . I am a cooper , and live in Poland-street. The prisoner worked journey-work with me, about a year and nine months; he worked for me till last Monday; I took him yesterday morning in his lodgings. William Denbigh came and told me he had bought a tub of the prisoner, and he thought he bought it too cheap: I found it to be my tub, when I took the prisoner up, and charged him with stealing these tubs. He confessed that he had stole as many as came to about fifty shillings, from time to time: I do not know but he has taken as many as come to twenty pounds. I reposed a great deal of confidence in him.
William Denbigh . The prisoner came to me about two months ago; he was going into the country, and had two casks, and wanted to sell them; I gave three shillings and six-pence for them: they are now at Mr. Bevan's house.
Bevan. They are my property.
Denbigh. He came in distress, and borrowed a shilling of me; after that he told me he was carrying a tub to a turner's shop, which was bespoke, and if I would go and call for a pint of beer, he would come and pay me; he came, and said they would give him but three and six-pence for it; so I took it, and stop'd my shilling. This was last Monday night about seven o'clock.
Q. What are you?
Denbigh. I am a cooper, and live in Oxford-road near Grosvenor-Square. In a minute or two, I mistrusted it was not honestly come by; so I left the tub in the Tap-room, and went and enquired where the tub came from: I knew he worked with Mr. Bevan; then I went and let Mr. Bevan know of it.
William Smith . The prisoner at the bar came to me, about two months ago, with a gallon wooden bottle, and a two gallon one; one came to seven-pence, and the other eleven-pence. This same tub the prisoner brought to me last Monday night, and asked me if I would have it; I said, no.
Q. What are you?
Smith. I keep a turner's shop.
I have often been trusted with my master's goods, and have returned him the money.
Bevan. I did not trust him with these goods; I have found five casks of his selling, unknown to me; he has almost trusted me out of doors.
Guilty . T .
Edward Connelly was indicted for stealing one cloth waistcoat, one cloth coat, one pair of cloth breeches, and one pair of stockings , the property of John Bonham , September 14 . ++
John Bonham . The prisoner is a dyer, or callico-printer . I sell fish about; he being out of work, so he was to go with me for his victuals and drink; he went with me to Lewisham in Kent; I went into a publick-house there, and when I came out, he was gone. I had left my door locked, but when I came home to Bethnal-green , I found it open, and a new suit of cloaths missing out of my box. I went to Sir John Fielding ; he granted me a warrant, and I took him up; he was committed to Bridewell: the gaol keeper told him, if he would tell where the cloaths were, he would knock his irons off; he told us he had sold them at the Blackmoor's Head in High Holbourn: we went as he directed, and found them. The man's name is Nathaniel White .
Q. What did you give for them?
White. I gav e fifty shillings for them.
Prosecutor. They cost me five pounds ten shillings, and I never wore them but twice.
Prisoner. I have seen the prosecutor wear them several times.
Prosecutor. I wish I had never seen you.
White. I asked him his business; he said he was a callico-printer, and that, at this time, his business was very bad. The cloaths are of his size.
Prosecutor. They fit me better.
The prisoner said nothing in his defence.
Guilty . T .
107. (M.) Thomas Element was indicted for stealing a pair of leather pumps, value 2 d. one cloth waistcoat, value 6 d. one pair of breeches and 4 s. and 6 d. in money, numbered , the property of Joseph Unkle , December 13 . ++
Joseph Unkle . I am a post-boy , and drive a carriage and pair of horses. I live in the parish of Stepney : I went down into the country with my fellow-servant, and, when I came up again, I missed four shillings and six-pence out of my box in the stable; also I missed a pair of red breeches, a cloth waistcoat, and a pair of pumps; I found the cloaths the same day upon the prisoner in Hackney-marsh: he has the breeches and waistcoat on now.
Prisoner. I was half starved to death, having no victuals to eat, and the waistcoat was torn all to pieces.
Prosecutor. He was one of the poor belonging to the work-house; they have plenty of every thing.
- Coleman. I took the prisoner with the cloaths on his back; he swore and resisted, and would not come with me for some time.
Q. To prosecutor. Was the prisoner employed in your stable?
Prosecutor. He was; he had the key, and could go in when he pleased. The stable belongs to the master of the work-house.
I had only part of the money.
Guilty . T .
Edward Singer . I was going from Kensington Gravel-pits to Westburn-green: the prisoner and another young man were coming down from the foot path; they had a bundle; when they came up to us, they squatted down under a hedge, and the prisoner was sitting on the bag; there was a hole in it, through which I saw the wing of a fowl. The person with me had a gun in his hand: we wanted to know what they had got; the prisoner begged we would let him go. My friend said he would shoot him, if he offered to make his escape; he said he might, if he would: the other man ran away, I overtook him, we scuffled, and at last he got from me, and got off: the man with the gun brought the prisoner to Westburn-green, and they sent two or three men to fetch the fowls; there were four geese and a gander; two of the geese and the gander were dead.
Prosecutor. They were my property.
I was very much in liquor, and knew nothing of it.
Guilty . B .
James Ballentine , otherwise Crawford , was indicted, for that in a certain open place, near the king's highway, on John Conner , with a certain pistol made an assault, putting him in corporal fear and danger of his life, with intent to steal the money of the said John , November 29 . ++
John Conner . I am a milk-man . Between four and five in the morning, I was on the other side the Halfway-house in Stepney-fields : two men came up to me, the prisoner was one of them; he held a pistol to my breast, but first asked me, if my name was Luise; (I had a candle and a lanthorn with me) I said, it was John Conner ; he then said, how much money have you? I said, but seven farthings; for I was carrying milk for another person: he gave me a kick on the arse, and bid me go about my business. I saw him on the Tuesday se'nnight after at one Williams's, at the ship in East Smithfield; I got the headborough, and took up the prisoner: he pushed through the bar to come to the door, he was stop'd; he was dressed the same as when he robbed me: to the best of my knowledge, he was the same; I know the other man, he is named William Shields or Williams, but never saw the prisoner before.
Q. From prisoner. Whether you did not arrest him for six guineas?
Conner. I did.
William Aix . The prosecutor came to me about seven weeks ago, on a Thursday night, and said he was robbed such a morning in Stepney-fields, and that the two men were at the sign of the Ship, and one was named Shields or Williams; we went to divers houses; when we found the prisoner, he insisted upon it, that the prisoner was the man that was in company with the man that presented the pistol to him; I carried him to Mr. Clark's: the prosecutor called me to the door to know who was to have the reward, if he was hanged; I said, d - n the reward, don't hang the man for the reward. I lodged the prisoner in the Cage, and in the morning we took him before Justice Berry: the prosecutor there swore the prisoner was in company with the man that presented the pistol, and that the other owed him some money. The prisoner was committed for farther examination: I have known the prisoner nine months; I never saw him in liquor half so much as he was that night.
Q. To prosecutor. Did you ask what the reward was?
Prosecutor. They said I would hang him for the reward. I swore before Justice Berry the same as I now swear here. I did not say it was the other man that held the pistol.
Mr. Marks. I am headborough. The first time he was before Justice Berry, he swore the prisoner was in company with the man that had the pistol: the next time, he swore the prisoner was the man.
The second time I was examined before the Justice, the prosecutor desired the Justice to discharge me; he had nothing to say against me.
AEneas Clark. I live near the Victualling-office. The prisoner came to me, and said he had been stopt by a person that wanted to rob him, and wanted to know of me how he should act in it, in order to make it up; he said, if he had the money it cost him, he would drop it. The woman that Mr. Ballentine lives with, said, it was a wrong thing, that the man was innocent; then the prosecutor said, if he had a guinea, he would make it up, and, if he did not agree to that, he would hang him: the woman wanted me to lend her money on her silver-buckles; I said, I would not; she got half a crown: the prosecutor said, he would take it, and then she would owe him eighteen shillings, and then he would wash his hands of innocent blood; he went to a wash-house and washed his hands in a hand-bowl; the Justice asked him, if he would swear to the man; he said he would to the best of his knowledge; the Justice said, you blockhead, what are you about? either swear it or not; he said, well then, d - n it, he is the man.
John Crawford . The prosecutor is my acquaintance; he came to me, and said, he was robbed last Tuesday was se'nnight; I asked, who robbed him; he said, one that was in custody; he asked me to go along with him: I went to Justice Berry; the prisoner was there; the prosecutor said to me, is there not a reward? I said, what did he rob you of? he said, he robbed me of nothing; he said, two men came to him, and one of them ask'd him, if his name was Luise; that he had only seven farthings in his pocket, and they took nothing from him: I at that time thought he was broke down, and wanted money; he did not then say which had the pistol; he came to me a second time, and said, he believed he should have no reward; he said, he would make it up for three or four guineas; I said, may be the poor people may not have a farthing; he said, there were silver-buckles and other things; I said, he must get a lawyer; he said, he could do better than a lawyer.
Q. What did you think of the honesty of the prisoner at this time?
Crawford. By this discourse, I began to think him not guilty of the charge, by the prosecutor wanting to get money from the people, and he was not willing to prosecute the man. Upon the last examination, the Justice called him villain, and said he had a good mind to commit him.
Prosecutor. They got me drunk, and the prisoner's wife wanted to make it up.
Q. Did you go to Crawford to advise with him about this matter?
Prosecutor. I only went to him in a civil way?
Q. Did you take half a crown of the woman upon this account?
Prosecutor. I did, but I gave it her again the day following.
110. (M.) Richard Batton was indicted, for that he, on the king's highway, on Lumley Tannot , with a certain bludgeon, did make an assault, putting him in fear and danger of his life, with intent to steal the money of the said Lumley , January 2 . ++
Lumley Tannot. I was going from London to Ratcliff-cross, where I live, on the 2d instant. Going past Blewgate-fields , about a quarter after twelve at night, I overtook the prisoner; he had this bludgeon, carrying it on his arm, (producing a large thick heavy stick). In about three minutes after, he came up to me, and, without saying a word, hit me a blow with it on the head, and struck me up against the side of a house: I turned about and collared him, and called out. Mr. Crawford came to my assistance, I never let my hold go till the watch came; he pretended to say I was going to rob him.
Q. Had you said any thing to him?
Prosecutor. No, I had not. It was a very rainy dirty night; but there was a lamp near us.
William Crawford . I was in my own house, I heard murder cried; I went out and found the prisoner and prosecutor had each other by the collar: the prosecutor said, the villain had knocked him down; the prisoner said, the other attempted to rob him. I took hold of each, and said, they should neither of them stir, till I called the watch: when the watch came, I desired them to take charge of the two men; I went with them to the Watch-house.
Q. Did you observe any appearance of a blow upon either of them?
Crawford. The prosecutor had received a blow on one side of his head, there was a cut: the stick was taken from the ground, and brought into the Watch-house.
I had been at the Sun-tavern, and was very much in liquor; I tumbled over this stick going home; I took it up, and happened to be swinging it about in my hand, and it hit the gentleman over the head.
Q. To Crawford. Did the prisoner appear to be in liquor?
Crawford. No, he did not.
He called Robert Swan , William Nash , and Paul Boyle , who live in Ratcliff-highway, near the prisoner, and James Johnson , who lives in Shadwell, who all gave him the character of an honest person, not given to liquor, or to be out late at night.
111, 112, 113. (M.) James Nokes and William Brown were indicted, for that they, on the 7th of November , about the hour of eight in the night, did break and enter the dwelling-house of Robert Cook, and stealing one silk and stuff-gown, one linnen gown, two linnen handkerchiefs, two linnen sleeves, two linnen caps, two pair of ruffles, a pair of silver shoe-buckles, six gold-rings, eight linnen shifts, six linnen aprons, and a thirty-six shillings piece of gold, the property of Jane Rouglidge , and one coverlid, the property of Robert Cook , in the dwelling-house of the said Robert ; and Jane Chamberlayne , for receiving two linnen handkerchiefs, part of the said goods, well-knowing them to have been stolen . ||
Q. Had you been out together before?
Ives. We had, two or three times: this was in the evening between six and nine: we did not agree upon any place in particular; our intent was to get into some person's house, and rob it: we went into Bedford-row ; there was a house a building; there were two or three boards put up against a cellar-window; I went in there and opened the outward door: Brown came in to me; Nokes stood at the door: we went up to the top, and over the houses, and found a garret-window open; we went in at it: I have since found it to be the house of Mr. Cook, an apothecary. I had a thing like a screw-driver, with which I broke open a box in one of the garrets, and took out two suits of cloaths; then I went into another garret, and broke two more boxes, and took out several books, but I did not take them away: we took a linnen gown, a silk and stuff gown, ruffles, aprons, caps, shifts, and several things, and tied them up in a rug upon the bed: I never saw the ring, buckles, or thirty-six shillings piece, that are laid in the indictment: we went out with the bundle at the window again, and down to Nokes, and delivered them to him, and he carried them on his back to my room in Long-lane: we got there by 9 o'clock; the next day, or day after, we sold the two gowns, coat and breeches, to one Levi that is here; he lives in Hounsditch: we kept one brown waistcoat, that I had.
Q. How came you to meet with him?
Ives. Nokes was out, and met with him, and brought him to my room; I had never seen him before: Brown breakfasted and dined with me every day. When Nokes brought the Jew to us; he said he was a good honest fellow; he had known him a great many years, and was what they call an Old Fence: we agreed for two guineas; he paid us half a guinea, and said he would bring us the remainder the next day. He took them away in a bag, but we never could get any more money of him: the women's wearing apparel we divided into three parcels; I laid them out, Nokes chose one parcel; he had two shifts, two pair of ruffles, and two or three white handkerchiefs; I am not certain whether he had not an apron. Brown did not want any; he said, I might have his part; so he gave them to me. I think we divided them the day after Levi was gone. Nokes wanted money, so I gave him fourteen shillings, which is one third of two guineas, 10 l was three shillings and sixpence out of pocket. This was at the Nag's-head in Hounsditch; the Jew met us there. I was taken up the 27th or 28th of November, for another fact, and examined before Sir William Stevenson , there I told every thing. Chamberlayne passes for Nokes's wife.
Q. Did she know how you came by the things?
Ives. I don't believe she knew any thing of the affair; I know Nokes took the things from my apartment.
Q. From Brown. Did you know me break or open any locks?
Ives. No, you did not.
Q. From Brown. Whether I ever took any money, only a shilling or two that you was pleased to give me?
Ives. When Brown asked me for money, I used to give him some.
Q. From Nokes. Have you any witness to prove that I sold the things?
Ives. There was Brown and I, my wife and my mother, and Nokes, all in the room at the time the Jew bought them.
Q. From Nokes. How big is your room?
Ives. It is a large room; we were by the window, and my wife and mother were sitting by the fire.
Jane Rouglidge . I am servant to Mr. Cook: the house was robbed between seven and eleven at night, on the 7th of November; our shop-man's chest was broke as well as mine: my door was broke open; he went up, and came down and told me, he saw some books and things lying about the room; then I went up and found my box broke, and all my things gone. Eight shifts, two gowns, eleven pair of sleeves, five pair of ruffles; I cannot tell the number of head-cloaths; a gold-ring marked J. R. a pair of silver shoe-buckles, a thirty six shillings piece, and a good many handkerchiefs, and a good many other things. I have only got again three pair of sleeves, two pair of ruffles, the apron I have on, and two white handkerchiefs. (Produced in court, and deposed to.)
Mr. Oakes. I am constable; these things I found in a box in Nokes's lodging, over against Mr. Gifford's brew-house, on the 29th of November. Nokes was then in confinement.
Hyman Levi . I have lived in Hounsditch seven or eight years. I am an old cloathsman, and dress old hats. I was crying old cloaths in Bread-street in the city; Nokes called me behind, and said, will you buy a parcel of cloaths? I said, where? he took me to an ale-house, we had two pints of beer, I paid for them; he had a woman with him; he said to her, you may go about
Q. When was you to pay the remainder of the money?
Levi. I was to pay it the next day; Brown and Ives was to come to my house for it. They did come, but I had not the money, nor could I get it. I told them, they took me in, they were not worth half so much. They all three came to my house three or four days after; I said, I could not pay them, I had no money; I have got four small children, and, if I paid them all the money, my children must die; I have enough to say against Brown, but nothing more about these cloaths.
Levi. No, I did not.
Mary Ives . I am mother to the evidence Ives. I have known the two prisoners about ten weeks; they used to come to my son. This Jew came twice; I saw him buy some cloaths of them once, but the particular time I cannot tell; he took the cloaths away; he came the next day, and asked them, why they did not tell him they were in the Chant, that is, the News Papers.
I have been drawn in, in a cruel manner, by Ives. I came home from the Havanna; and was sitting at a public-house; he came and asked me, if I would drink any beer, and then to take a walk with him; we went round Bedford-row: he said he would give me a coat, he bought one, and gave nine shillings for it: he gave me some dinner; I did not know his design when I went with him. When we came near Lincoln's Inn fields, he gave me some purl, and a welch rabbet; he pulled out a small dark lanthorn and a wax-candle; I said, I did not like it; he bid me give myself no concern; so I went on with him in four or five robberies. I recommend myself to the mercy of the court: I have been nine years in his Majesty's service. Ives told me, he has been several years a house-breaker. If any favourable sentence can be for me, I hope I shall have it.
I have such a bad set of people to deal with, and I have nobody that will come nigh me; I have been so long in confinement, that I am incapable to subpoena people to come for me. I know nothing of the charge; this is done to swear my life away to save themselves.
Nokes and Brown acquitted of the burglary. Guilty. 39 s. T .
Chamberlayne, acquitted .
(L.) Brown was a second time indicted, for that he, on the 27th of November , about the hour of 9 in the night, the dwelling-house of Giles Hanwell did break and enter, and stealing one gold watch, value 6 l. one silver pint mug, weight 13 oz. 11 dwts. value 4 l. one child's coral, and green string, value 1 l. 1 s. one diamond hoop ring, value 15 l. one amythist, ditto, value 1 l. 16 s. one amythist motto ring, with two roses, value 2 l. 2 s. one crystal motto ditto, value 8 s. two double motto rings, not finished, and one urn ditto, value 1 l. 10 s. two grains of sundry small diamonds, value 2 l. 10 s. four ditto, amythists, value 15 s. three ditto, garnets, value 7 s. 6 d. one pair of cluster garnet ear-rings, value 1 l. 11 s. 6 d. one pair of paste ditto, value 1 l. 1 s. one other pair of night ditto, value 7 s. 6 d. one pair of crystal shoe-buckles, value 2 l. 2 s. one pair of knee, ditto, value 10 s. one silver stock-buckle, one pair of knee-buckles, and three stay-hooks, unset, value 12 s. one cornelian ring, set in gold, value 18 s. two other gold broken stone rings, value 5 s. twenty-four silver rings, value 7 s. one thimble, value 1 s. two white bead necklaces, value 6 s. four red and white handkerchiefs, value 4 s. three brown silk ditto, value 12 s. eighteen crystal waistcoat buttons, and silver lace, value 18 s. one pair of brown crystal shirt buttons, set in gold, value 1 l. 1 s. two pair of silver shoe-buckle, value 1 l. 5 s. one pair of gold cane pipes, value 5 s. three silk handkerchiefs, a silver medal, a piece of foreign gold coin, value 12 d. and 25 shillings in money, numbered, the property of the said Giles, in his dwelling-house . ||
Giles Hanwell . I am a gold ring-maker , and live in Gutter-lane . On the 27th of November, about half an hour after nine at night, the maid was ordered to go up and warm the bed: when she got upon the stairs, she was frighted; she came down, and said she saw a light, and thought she discovered the flap of a man's coat go up the three pair of stairs, before her; she said, she believed there were thieves in the house. Her Mrs. being big with child, I said, don't pretend to fright your mistress, go up again; she did, and the boy with her, and came down more frighted than before: then I went up, and I found the things all about in the two pair of stairs room, from out of a chest of drawers. I said to my boy, go and get me some assistance, I'll go no farther, at present; he went, and got a person, who came with a poker; we went up, and found the thieves had got out at an end window, in the garret; it was made to go out, in case of a fire; they had broke a pane of glass to put their hand in, to unhasp it; that we found open. My shop where we work above, was tumbled all about; they had broke a hole there, and took out many valuable things. I missed from there, and in a closet, and from drawers, the things mentioned in the indictment (mentioning them by name); I have got some of them again, which were found in the street. Ives was taken in the pursuit, and brought back; he dropped many things in the street, and some were found upon him. I have here two pair of buckles, which I received from Ives, and the constable has some effects which he found upon Ives.
John Ives . On the 27th of November, Brown and I went out of my room, and went in at an empty house, in Gutter-lane, within two or three doors of Mr. Hanwell's house; we went to the top of the house, and upon the ridges, till we came to his house; there I broke a pane of glass, and put my hand in, and opened the casement; I went in first, and he followed me: we took the things mentioned in the indictment; I put some in my pockets, and he some in his. I had the gold watch and some of the rings, and some gold ear-rings, and the money; two crown pieces, some half crowns, shillings, pence, two-pences, three-pences, and four-pences. Brown had the pint silver mug, the coral, and all the rest of the things. Brown said he sold the pint mug for 3 l. at Chatham; the maid came up stairs, just as we were going away, and put us in a fright; said she, is that you above? (I suppose she thought it was her master); Brown said, yes, my dear: we went out-there again, and came down the empty house, we were pursued; Brown ran towards the end of Friday-street, and I towards the end of the Old 'Change. I was taken with some of the things. I dropped the watch in the street, as they were carrying me to the Compter; I was taken before Mr. Alderman Stevenson, and there made my confession.
Prisoner. I have nothing to say in my behalf; only I leave myself to the mercy of the court. Ives was the first that brought me in, and now he is going to take my life away; he knows what he did at Martinico, when he threw the dice to save his life. I hope you will detain the Jew; he has been the ring-leader of us all, as well as Ives; he bought the things belonging to Dr. Askew, for two guineas, that were worth many pounds.
Guilty . Death .
He was a third time indicted for stealing a crape gown, value 10 s. a bombazine sack and coat, ten shirts, three linnen pillow-cases, five napkins, a cornelian seal, set in gold, a linnen shift, a petticoat, two silk handkerchiefs, a linnen handkerchief, a gold watch, and a gold watch chain, the property of John Temple , clerk , in the dwelling-house of the said John . And James Noakes (a second time) for receiving the gold watch, and gold watch chain, part of the said goods, knowing them to have been stolen , November 17 . ||
John Temple . I live in Charter-House-square . On the 18th of November, in the morning, Mrs. Temple went up into the garret, and came down frightened, and said, she was robbed; after she recovered, I went up three pair of stairs with her, into the garret: I found a chest was open, out of which were taken several things, mentioned in the indictment, sheets, napkins, a gown, and 10 shirts, taken from off a line that hung up to dry; and my wife's gold watch was taken from our bed-room. I have got the gold seal again, which Ives's wife, as he calls her, gave me. There were petticoats of my wife's, and a crape gown, and other things, taken out of a trunk: the gold watch and watch chain cost me 30 guineas. I went to see Ives in the Poultry-compter: he told his wife to go home with me, and give me all the things that were marked with his name. I know nothing of Nokes having any thing, and I know nothing of Brown.
John Ives . Brown and I went into an empty house, joining to this gentleman's house, and got in at his garret window, which was open, to dry the linnen; we took the linnen and gowns; we went down one pair of stairs, and took a gold watch and chain, and carried them home.
Q. When was this?
Ives. I cannot say the day; it was about a
Both Acquitted .
114. (L.) John Prince was indicted for feloniously forging and counterfeiting a certain bill of exchange, for the payment of 125 l. and publishing the same, well knowing it to have been forged, with intent to defraud Robert Mackoun , July 8 . *
Robert Mackoun . In the beginning of July last, I advertised a house to be sold. Mr. Prince applied to me to purchase the house; we had several meetings about it; and on the 7th of July, I delivered my memorandum, setting forth the terms upon which I would sell it; he then desired to have that memorandum, to keep it till the next day, to show to his attorney and some friends. He applied to me the next morning about 9 o'clock, at the New York coffee-house. Soon after he came in, he said he must have the house, and he would give me my price; and soon after, he had two copies of the memorandum that I gave him, brought in by a little boy, wrote out fair; one of them I have in my hand; we examined them; he had left out a few articles, which I pointed out to him, and added at the bottom with my own hand. I signed one of them, and the prisoner the other: I held mine in my hand, and said, now Mr. Prince, where is the 100 l. (he was to give me 100 l. by way of deposit, which I should have told before) he took out a pocket-book, and said, I have not cash enough about me this morning, but here is a very good bill of exchange for 125 l. I said, if it was a good bill, it was as good to me as cash. I took it in my hand, and looked at it, and asked him, who Bricklen and Co. were? he said, they were great distillers, and brandy merchants, and lived near the watch-house, in Moor-fields; that they served Orcherton, the accepter of the bill, and that he keeps the Rose tavern, in Cursitor-street, where the bill is directed to; and that it was for brandy and rum that he had had of them. I gave a receipt for the bill, under the memorandum that I had wrote before, describing the bill; which bill, when paid, was in part of payment of the above sum. (The memorandum produced by the constable; he takes it in his hand). This is the agreement I signed; it is my own hand-writing.
R. Mackoun. I put the bill up, being satisfied with it, and we parted. About a week after, Mr. Prince applied to me, to have a broker, to appraise the goods. I was a little surprized at his wanting to appraise the goods, before the duplicates of conveyance were made, and the money paid. I began to enquire after Mr. Prince, and could find nobody that knew him; neither could I find Bricklen and Co. I sent my clerk to Moorfields; he could find no such people in the parish. I enquired at Sir Joseph Hankey 's, as bankers know a great many people: the clerks there said, they knew no such people about London. I enquired at the Custom-house, if they knew of any such people making entries there? I could get no intelligence at all of these brandy-merchants. By that time, I had heard a very bad character of Mr. Prince: I went to the Rose tavern, in Cursitor-street; I heard there were bad people about the house, I did not chuse to go alone, so I took a gunsmith, an acquaintance of mine that lived in the neighbourhood, with me; I told him what I was going about, and beg'd he would remember what passed. We went to enquire after Mr. Orcherton, the accepter of the bills there was one Fisher, who said it was a very good bill, and would be paid when due; Orcherton was then gone away, and left his house. I did not believe what Fisher said: he gave Mr. Prince and Orcherton very good characters, but said, he did not know Bricklen. I asked him if he knew Prince very well, and if he was a man of fortune? he enquired to know what my business was, and my reason for enquiring after him. I told him my reason: said he, you had better keep your house, and give him back his bill. I went to my attorney directly, and told him what I thought, and advised with him what to do: he advised me to give up the bill, and get back the memorandum, as I could not sell my house, while he had that. About three or four days after I had been at the Rose tavern, I saw Mr. Prince, and told him; this was a bad bill, that I had enquired after Bricklen and Co. and could find no such people; and that I had enquired after Orcherton, and he was gone away, and I could not find where he was gone to. He told me, that Bricklen, in truth, was an outlawed smuggler; that he was worth three or four thousand pounds, and the bill would be paid when
Q. You say you gave a receipt, that when the bill was paid, it was to be part of the purchase-money.
Mackoun. I did.
Q. When was the money to be paid?
Mackoun. That was to be paid at the execution of the deeds of conveyance: our agreement was, that he was to deposit an hundred pounds, by way of binding the bargain.
Q. Whether the circumstance of depositing an hundred pounds was mentioned before this agreement was in writing, or after?
Mackoun. Before. (The bill produced, and read to this purport.)
"London, June 3, 1763.
"Three months after date, pay to Mr. John
"Prince, or his order, the sum of one hundred
"and twenty-five pounds sterling, and
"place the same to account of, Sir, your
"most humble servant,
"G. Bricklen and Co.
Q. Do you know this draught? (He takes it in his hand)
Orcherton. I wrote the body of it, and accepted it with my own name.
Q. How came you to write the body of it, and to accept it?
Orcherton. At that time the house that I lived in was advertised for sale; the prisoner being at my house, not knowing but I might be turned out of it, he said, he could find means to get it purchased. On the 3d, or 4th of June, he came with Edward Hart , and another gentleman, whose name, if I ever heard, I do not remember. Hart, Prince, and that gentleman and I, went up into a bed-chamber, in order to write notes; the prisoner told me, that by this and others, he could raise money to pay for the house, and then have it mortgaged, to raise money to take up the notes with: at that time I wrote this and others by his persuasion, which I delivered to him; but there was not G. Bricklen and Co, on this at that time; I never remember to have heard of that name, till I saw it upon this draught, at Mr. Mackoun's attorney's.
Q. Did you never deal with Bricklen and Co. for brandy and rum.
Orcherton. No, I know nobody of that name; at the time I wrote them, he told me, that gentleman that was with us was to sign them; that he was a quaker, and worth a great deal of money.
Q. Did he tell you where that gentleman lived?
Orcherton. I do not remember that he did.
Q. Had you ever any dealings with that quaker for rum or brandy?
Orcherton. No, I never had; he was a total stranger to me. I went down stairs, and left them all together.
Q. When did you become acquainted with Mr. Hart?
Orcherton. I never was, till he came to my house either with Fisher or the prisoner; they three were frequently at my house.
Orcherton. Five hundred pounds; and Hart brought duplicates for 250 l. as he pretended.
Q. How was that house you lived in to be sold?
Orcherton. It was to be sold by auction.
Q. Did Mr. Prince bid for the house?
Orcherton. He did; he was the highest bidder, and deposited ten guineas in cash; he came to me after that, and gave me a draught for 95 l. odd, and said, if the broker came in his absence, I might shew it to him.
Q. Did you see him pay the ten guineas?
Orcherton. No, but I heard him say, he did pay that.
Q. Did you see him sign the agreement?
Q. For whose benefit was the purchase to be made?
Orcherton. He told me it was to be made for my benefit; those notes were to raise the money, in order to pay for the house, and the house to be mortgaged, in order to pay the bil ls.
Q. Had there been any quarrel between you and Mr. Prince?
Orcherton. There was not a great deal of dispute, or quarrel, but I was taken up; I went to Sir John Fielding , when Prince was there, at the time of his re-examination: in going from Sir John's to the Gate-house in the coach, Prince told me, I might have given my evidence in another manner than I did. I told him, I had given my evidence of nothing but the truth, and that he had used me very ill.
Q. Did you not make use of some such words, You did not care if you was banished, so as he was hanged?
Orcherton. I said, I would not think much of being banished, to have the satisfaction to see him hanged, or to that purpose: I was in a great passion for being sent to Bridewell, or a prison, on account of these notes. I became a bankrupt on his account.
Q. for the Crown. Did you mean to have him hanged, if he was innocent?
Orcherton. No. [A paper was read that was found in the prisoner's pocket; the purport was,
"Prince, concerning dividing the money
"that should be raised by a bill, or bills,
"drawn by the prisoner, and the expences
"how to be paid."
David Cuthbart . I was clerk to Mr. Mackoun. (He takes the bill in his hand) This is drawn in the name of Bricklen and Co. I went twice to enquire after a person named Bricklen, as near the watch-house as I could, in Moorfields, because Mr. Mackoun told me he lived near the watch-house, on the right hand, going up Moor fields. I went pretty near the watch-house; the first I spoke to was a surgeon, who stood at his own door; I asked him if Bricklen and Co. brandy-merchants, were to be found thereabouts; then I enquired if there were any of that name stable-keepers? the gentleman said, there was nobody of that name: he said, there was a watch-box over the way, where lived some merchants. I went as he directed me, and enquired every 2d or 3d house, till people were surprized at me; I could not hear of any such person: after that, I was sent to Mr. Shamburg, by the 'Change, and when the bill was due, I went to Moor fields again, and enquired of many people on each side the field. but could not hear of any body of the name, or like it; neither did I hear of any brandy-merchant there.
Q. Did you enquire in any alley?
Cuthbart. No, I did not.
Q. Might there not be a person of that name lodge in a house or alley?
Maglashin. I never heard of any of the name.
As to Bricklen, he lived either the first or second alley beyond the watch-house, in Moorfields; here are people here that know the man well, and can prove his hand-writing.
For the Prisoner.
M. Brown. Because he answered to that name; he called him Bricklen, and the other answered to that name.
Q. How long was you in company with him?
M. Brown. Half an hour, or rather better; I believe I have seen them together more than once: I remember seeing them together another time; he then went by the same name.
M. Brown. That was near Smithfield; I am not sure to the day of the month.
Q. What size was he?
M. Brown. Rather tall than short.
Q. Fair or Brown?
M. Brown. Of a brown complection.
Q. Old or young?
M. Brown. About 32 years of age.
Q. What business did he follow?
M. Brown. I do not know; I heard Mr. Prince say, he lived in Moorfields.
Q. How came you to be with him these two times?
M. Brown. It was by accident.
Q. Whereabouts in Newgate-street did you see him the first time?
M. Brown. It was in a public-house.
Q. What day was it?
M. Brown. It was on a Monday.
Q. But what day, or time of the year?
M. Brown. I don't know; it was in the summer.
John Boucher . I know one George Bricklen ; I have seen him along with the prisoner at the bar: it is about three years since I knew him first; the last time I saw him with Mr. Prince, was at the Swan and Two Necks, in Smithfield, by Hicks's-hall, better than 12 months ago, last October, or some where there away.
Q. How many times may you have seen him?
Boucher. I have seen him ten or a dozen times.
Q. Have you seen him write?
Boucher. I have.
Q. Tell how you came to be acquainted with his hand writing?
Boucher. At the Swan and Two Necks, in October was a twelvemonth, I had been at Hicks's-hall, about some business; the prisoner hipp'd me as I was going by; he called to me, and asked me how I did? (I had known him some time before) I told him pretty well; how do you do, Mr. Prince? - will you come in, and drink a glass of wine? - I am about some business here, at Hicks's-hall. - You are playing the dickens with one Clark: I answered, it is no more than he deserves. I went in; there was Mr. Bricklen; there was an agreement about buying or selling some horses: there was a note of hand drawn up: the man said, he had male his bargain, and would have his money. The other said, he would pay him some time. I offered to pay 6 d. for part of what liquor I had drank. Mr. Prince asked me, if I had any money in my pocket, to make this easy; lend me so much money: I said, I had but 3 guineas in my pocket, I cannot part with it all; I lent it to Mr. Bricklen, and said to Mr. Prince, I look upon you to give me security for the money; I had a note from them both, Bricklen signed it in my presence. I saw him write the note, and the agreement with the countryman; he would have his money; it was due in ten days: and about three weeks after, Mr. Prince came and took up the note, and paid me.
Q. Could you know his hand-writing again?
Boucher. Really I don't know whether I can or not.
Q. How did he sign his name?
Boucher. He signed G. Bricklen, I think.
Q. Look at this note. (He takes it in his hand.)
Boucher. The note is not his hand-writing: the G. Bricklen, is like his writing.
Q. Do you, or do you not believe the name, G. Bricklen, to be the hand-writing of the same person?
Boucher. It is very like it, to the best of my knowledge - it is like some part of it - to the best of my knowledge, it may be his hand-writing - I cannot be positive to it.
Q. Is this all the knowledge and acquaintance you have of Bricklen?
Boucher. I never had any more acquaintance than seeing him with Mr. Prince.
Q. Then the only time you have been in any house with him, has been at the Swan and Two Necks?
Boucher. I have been with him at the Bull and Garter, in Fleet-market.
Q. Where do you live?
Boucher. I live in Fleet-lane, now; I have been with him at the Green Dragon, in Smithfield; I have seen him many times about Smithfield.
Q. Was you ever present at any other dealings than that of horses?
Boucher. No. I have seen him talk to people about dealing.
Q. You say you lent the money upon Mr. Prince's account?
Boucher. I did. Bricklen signed the note, and gave it to Mr. Prince; and Mr. Prince indorsed it to me.
Q. How came you not to accept of Mr. Prince's note alone?
Prisoner. That man, Mr. Bricklen, dealt in horses, and he had partners that dealt with him; that was the reason he signed in that way. I desire Mr. Mackoun may be asked the question, whether I ever desired to come into his house, or not?
Mr. Mackoun. He did not ask me to come in, but he wanted the goods appraised immediately, which I suspected was with a view to get into possession,
Guilty . Death .
John Williams . I am a watchman on Brewer's key . On the 22d or 23d of last month, there were about 200 hogsheads of tobacco: I saw the prisoner and two more, between 10 and 11 o'clock in the forenoon, behind the crane: I got upon a hogshead, and saw a lad that was with the prisoner take out a knife, and cut open the bar of a hogshead; the prisoner and he pulled tobacco out, and put it on the ground, till they thought they had enough; then they went to putting it into their pockets: I went and took hold of the prisoner, and took some of the tobacco from his pocket, and some from off the ground, (produced in court); this is it.
John Jebb . I took the prisoner in custody, and took some of this tobacco out of his pocket; I asked him how he came to do such a thing? he said he saw other people do it, so he did it; here is 10 lb. weight of it in all.
I saw two men take some; they told me to take some, and these men came and took it away from me. I am a Frenchman , I never was in London before.
Guilty . T .
John Williams . I live with Mr. Cotton, a packer in Aldermanbury; Messrs. More and Townsend are partners, and factors; they attend Blackwell-hall , where the cloth is exposed to sale; they have had three pieces of cloth cut within six or seven weeks; four yards from two pieces, and three yards and a half from one: I was hid in a pile of cloth, in the Hall on Thursday last; we having missed a whole piece from the rest, I was to watch to see if this piece would come back again; I saw the prisoner bring the piece in from his own stand, where he used to attend about half an hour after three o'clock; that is another stand in the Hall: the prisoner was the first person that came in after the Hall-keeper had opened the door; he put the piece down to Messrs. More and Townsend's stand: the Hall is opened at ten in the morning, and shut at twelve, and opened again at three, and shut at five: I was there a quarter before three; the Hall-keeper let me in on purpose. I got out, and sent a person for Mr. Webb; when he came, I took the prisoner by the coat, and asked him, what cloth that was he put to More and Townsend's stand? he said he put none there; I said he did, I saw him; he said, you was not there; I said I was; he said he did not see me; I said, no, he did not; I was hid in a pile: we charged the constable with him in the Hall; there was none cut from that piece; when he was charged with cutting pieces, he denied it at first: but he confessed he cut all the three pieces, after he was in the Compter, while I went into Coleman-street.
Jermine Gibson. I heard the prisoner confess in the Compter, that his fellow-apprentice and he were concerned together in cutting the cloth; I went and got a constable immediately, and took up his fellow-apprentice; he is now in the Compter.
Joseph Cotton . I am trusted with a deal of cloth of Messrs. More and Townsend in Blackwell-hall. There has been three cloths cut within six or seven weeks; I suspected the prisoner a long time. I hid my man in a Pile on purpose, by which means the prisoner was discovered: the prisoner has confessed, and given it me in his own hand-writing, that he cut three pieces of More and Townsend's; for which hundreds of people have been taken up in the country, and carried before the magistrates. He owned he cut four yards from two of them, and three from one piece; he said he was sorry he ever meddled with any thing that I was concerned with; I always found him out too soon.
Theyer Townsend. I am in partnership with Mr. More: (he produced the pieces which the four yards was cut from, and the pieces; they corresponded exactly). I heard the prisoner confess, he took and cut the pieces, and sold the pieces to one Bulcock, piecebroker, without Temple-bar, behind St. Clement's Church. We took a warrant to search his house, and secure him: we found these
Cotton. The prisoner owned he sold all that he cut from our cloth to this Bulcock, who is now in Newgate.
I cut no cloth but this last; as to the other, they extorted a confession from me after they got me fuddled.
Townsend. He was quite sober when he made this confession.
Guilty . T .
The prosecutor deposed his wife had (since the prisoner was taken up) told him she gave the prisoner the spoon, and he was satisfied of the truth of it.
118. (M.) Mary Nottman , otherwise Newton, otherwise Miller , spinster , was indicted for stealing a sattin sack, value 20 s. a sattin cardinal, value 5 s. a silk bonnet, value 5 s. two linnen shifts, value 2 s. one pair of gauze ruffles laced, value 2 s. one pair of linnen ruffles, value 1 s. the property of Martha Holland , spinster , January 3 . ++
Martha Holland . I lodge in Channel-row, Parliament-street , at the house of Mr. Evans. I went out on the 3d of January, and returned the next day, and then I missed the things laid in the indictment. The prisoner lay in the house.
Q. Was she a servant?
M. Holland. I cannot say whether she was a servant or not. Mr. Evans found her with my things on her, except one shift, on the Saturday following, in Half-moon-street; the other shift was found in her lodgings. (The things produced, and deposed to).
This gentlewoman told me, I was very welcome to put on them cloaths every time I went out. I had been enticed away from my service in Tyburn-road, and she knew how badly I had been used, and she said I was very welcome to any thing she had that was suitable to go out in.
M. Holland. I told her she might wear them, if she asked me.
Q. What station was she in?
M. Holland. I do not know: I believe she has been but a very little time in the house.
Q. Had she ever borrowed any thing of you?
M. Holland. No, she had not; neither did I lend her these: I was not at home when she took them.
Guilty . T .
119. (M.) John Harding was indicted for stealing one silk purse, value 1 s. one piece of gold, called a Jacobus, value 25 s. and 3 s. in money, numbered; the property of James Fulton , privately from his person , December 6 . ++
James Fulton . I came to London on the 5th of December: I went to drink with a gentleman of my acquaintance, at the house of Alexander Robinson by the Hermitage-bridge ; the prisoner introduced himself into our company; we drank pretty heartily; when my acquaintance was gone, I laid down on a chair to sleep, I slept about three hours; the prisoner was with me when I went to sleep; I was told the next day, that the prisoner was put in prison for using his landlady ill, and he had pledged a piece of money; I was desired to go and see it; I did, and it appeared to be my Jacobus: by that time the prisoner had made his escape away: he was afterwards taken up upon another fact, on the 15th of December: I went the next day with him before the Justice, and swore to my piece of money; he said he took it from off the ground in the room where I slept.
John Macloud . The prisoner and his landlady had quarrelled; she sent him to the Watch-house; he sent for me, I went; (I did not know him before) he wanted me to lend him money on this piece of money; ( produced in court) he said it was his father's, and he had a value for it, having had it some time; I lent him four shillings. The next morning he sent one of the watchmen for me again; he wanted more money; I lent him half a guinea more on it; after that I saw him go past my door; I said, so I see you are cleared; he said he was going for a friend, to ask him to appear for him; I never heard more of him till after he was taken again for stealing a spoon; then I went before the Justice, and produced this piece of money.
Q. To prosecutor. When had you seen this piece of money before?
Prosecutor. I had it in my pocket, in a green purse, when I went to sleep.
I was in liquor; I picked the piece of money from the ground; I went in and quarrelled with my landlady, and she sent me to the watch-house; I being in liquor, made away with it; if I had been sober, I should not.
Guilty of stealing, but not privately from his person . T .
120. (M.) Jane Dean , spinster , was indicted for stealing one pair of worsted stockings, value 6 d. one linnen apron, value 2 s. and two pair of cotton stockings, value 4 s. the property of Hannah Stone widow January 11 . ++
Hannah Stone . I did lodge at Mrs. Phinias's in St. John's-court, St. John's-street, Golden square . My box was standing upon my own bed in the kitchen, with the things mentioned in the indictment, and many more which were all taken away. Last Wednesday Mrs. Phinias came to tell me, my box was broke open and it had been robbed; I went with her and found it as she had said; I lost a crape-gown, a printed gown, a white apron, two quilted petticoats, three under petticoats, a black cardinal, a coloured apron, three pair of white stockings, and one black pair: they taxed the prisoner with taking them; she was a lodger in the house; she had come to town but about six weeks before; three pair of white stockings and an apron were found behind some things in the kitchen, and my black stockings were found on the prisoner's legs, which I knew to be mine, by a plate torn on the calf of the leg; I found nothing more.
Letitia Phinias . I took the prosecutrix's box from off the bed, in order to take out a bolster, last Wednesday morning: going to set it down, it flew open; I found it had been robbed, and told the prisoner and another young woman, a lodger, there had been a robbery there: I made the prisoner go along with me to the prosecutrix; when we came back again, I asked her about an apron, because I saw it on the Sunday and Monday before on the prisoner; she said she had carried the apron to Mrs. Simpson's maid; and, as to the stockings which she had on, she said she brought them from Edinburgh with her; I had a very good character with the prisoner from the country; there were many things in the kitchen which she might have stolen, but I lost nothing.
I know nothing about these things.
To her Character.
Mr. Simpson. I know the prisoner's parents, they live in East Lauther in Scotland; they are very honest people; I never knew her till she came to London; I have heard that she always behaved well.
Q. What are you?
Scott. I am a house-carpenter, and lodge in Brook-street, Grosvenor-square; I was brought up within a stone's cast of where the prisoner was; she lived servant in Edinburgh a little before she came to London.
Q. How came she to leave Edinburgh?
J. Sibbet. I do not know; she thought she could do better in London.
Q. Did she appear to you to be in distress?
J. Sibbet. No, she did not.
Mr. Simpson. I am cousin to the other evidence of my name; I know the prisoner is of creditable parents: I know but little of her.
Guilty. 10 d. T .
121. (M.) Margaret M'Collister and Catharine Hall , widows , were indicted for stealing one copper tea-kettle, value 1 s. one copper saucepan, value 1 s. two flat irons, value 2 s. three brass candlesticks, three pair of sheets, one woollen blanket, one pillow, one pillow case, one pewter plate, and one brass pepper-box, the property of Ann Jackson , widow . and one linnen gown, value 5 s. the property of Elizabeth More , spinster , December 13 . ++
Elizabeth More. Catharine Hall lodged in the house with John Taylor , she went for his wife; M'Collister used to come to and fro to her; on the 13th of December, I missed the things mentioned in the indictment: Ann Jackson lay then dying; she died on the 23d of December; I found the two prisoners together; Hall told me she had pawned some of the things at Mr. Foreshall's near Nightingale-lane; she went with me there; there we found three brass-candlesticks and a copper saucepan, a flat iron, two pair of sheets, a blanket, a pillow case, a pewter plate, a brass pepper-box and my gown; the other things were at Mr. bridge's.
Thomas Foreshall . (He produced the things mentioned to be pledged with him). These things Catharine Hall pledged with me at several different times.
Catharine Hall brought these things to me, and desired I would pledge them for her.
I asked her to carry them for me; I thought to have got them again, but could not.
M'Collister acquitted .
Hall guilty . B .
Hall being exceeding ill, the jury recommended her for corporal punishment.
Owen M'Dermont. On the 21st of last month, I had been out about a little business; when I came home, I found a glass-window backwards was broke, and a brass candlestick was lying on the ground, and another missing; we were informed the prisoner was seen at that window; he was soon taken and carried before Justice Welch; there I saw my candlestick taken out of his pocket, (produced and deposed to); he said another man gave it him in the street to sell.
Jane Bateman . I was looking out at my window; I heard the prosecutor's window dash; seeing the prisoner at it; I asked him what he was about? he said he was mending his landlady's window by her order; I said, you are a very bad glazier; for instead of mending one pane, you have broke two.
I am very innocent of it; a man gave me the candlestick, and he is since gone away.
Guilty . T .
Joseph Parsons . I was servant to Count Haslang, but have since been turned away, about the losing this coat; on the 29th of December, I left my coat in the stable, it was a livery coat; I missed it on the morning early, I advertised it, and a guinea reward: Mr. Harris, in Monmouth-street, let me know he had got it; he sent for Jacob Abrahams , of whom he bought it, and we went to the Coach and Horses in the Strand; there it appeared Abrahams bought it of the prisoner; the landlord described the prisoner, by which means we found him: when we took him up, he confessed before the constable and me, he stole the coat out of the stable a little after seven in the evening; (produced and deposed to, as the property of Count Haslang).
Jacob Abrahams . I bought this coat of the prisoner at the bar, at the Coach and Horses in the Strand, for a golden guinea, and spent two shillings in the house, on the 23d of December, between nine and ten in the morning; I sold it afterwards to Mr. Harris in Monmouth-street.
I went to the stable to ask for one Nicholson; the man that was there, said, this is not the stable, it is the next; going down, I saw the coat lying on the ground.
Guilty . T .
Thomas Gurney . I was in court last September Sessions, when John Medows was tried here, for committing a rape on the body of Mary Heather ; she was first sworn, after which she gave in evidence, that she lived servant with the said Medows a quarter of a year; that in that time he was very often misusing her, and trying her for her honesty, and one time almost stripped her naked; and, on the 2d of May, he did ravish her against her will, as she sat in a chair in the kitchen; and that she acquainted Mrs. Howard with it that very night; and that Mrs. Charters came three
Margaret Charters deposed, that she went to Mr. Meadows's house, the last day of last April, and staid there till the 17th of May, with her two children; that the prisoner was servant there then: that she never in that time made the least complaint in the world of Mr. Meadows's conduct towards her.
There he stands, let him deny it if he can: he did ravish me on the 2d of May; every one of the neighbours can justify it.
Guilty . T .
125. (L.) Thomas Cook , packer , was indicted for obtaining from William Hodgson and Thomas Roebuck , by false pretences, seven pieces of Manchester velvets, to the amount of 101 l. 3 s. 9 d. with intent to cheat and defraud them of the same , February 24, 1763 . ++
William Hodgson . Thomas Roebuck and I are partners: we follow the business of warehouse-men : the prisoner is a packer; I have had business with him from time to time. On the latter end of January, or the beginning of February, he came to our warehouse; we were both together: he said, Gentlemen, I have got a gentleman come from Quebec, in partnership in a very good house; they are people of very great eminence, and will be very good customers: he has very large orders with me, and for the friendship and favours that I have received at your hands, I intend he shall deal as much with you as possible, therefore I should be glad you would send half a score pieces of velvets, Mr. Paterson is to see them at my house: (that was the name) Paterson, he said, was the gentleman come from Quebec. Paterson, M'Randall and Grant, he said were the partners; we were unacquainted with them then, but we enquired their characters of divers people that came from Quebec, before I sent the goods in: Mr. Cook owed me at that time upwards of 500 l. it was this house, not his character, that induced us to send in the goods; we sent in ten pieces of Manchester velvets, of different colours to Mr. Cook's in Sife-lane; this was either the latter end of January last, or the beginning of February: we entered them down in a pocket memorandum book, when we delivered them out (that book is in the hands of our assignees.) I sent,
"Please to receive ten pieces of Manchester velvets, as under, for Mr. Paterson to look at;" then followed the numbers. On the 24th of February, he sent his servant, John Rice , with a bit of paper, whereon was wrote the numbers of 7 of the pieces, and underwrote at the bottom, for Paterson, M'Randall, and Grant; these were the seven pieces Mr. Paterson had chose out of the ten.
Q. Whose hand-writing was it?
Hodgson. That I cannot tell; Rice was apprentice to the prisoner then I believe: the numbers did not tally with ours: we sent it back again, to have the mistake rectified, imagining he had put down some numbers of other people: he brought 7 numbers a second time, which then were not right; he went back again, and came a third time with 7 numbers, then they were exactly right; they were 7 of the pieces we had sent in; he desired we would make out the bill of parcels, and send it in: I made out the bill of parcels, and, to the best of my remembrance, I delivered it to Mr. Cook himself, that he might sign it, and deliver it to Mr. Paterson (that is the usual method). I made my bill upon Messrs. Paterson, M'Randall, and Grant. I believe that afternoon, or the next day, I asked Mr. Cook for the other three pieces? Mr. Cook said, he had had an order from Amsterdam, and he had sent them, and I must put them to his account; they suited him for another order he had from Amsterdam; he said, he himself was to be made debtor (which very reluctantly I did). I told him, he was so much indebted to us, that I did not chuse to go any farther, and I thought he used us very ungenerously; he said, he would soon make it up to us, and pay us every farthing. I was to give credit two months: when it wanted about a week, or ten days, of two months. I went to the New-York coffee-house, and enquired for Mr. Paterson. I was answered by Mr. Clark, the master of the house, he had been gone almost a fortnight for Quebec. I was a good deal surprized, and immediately went to Mr. Cook, and told him of it; and asked him how he could take up goods for such a person, when he was sensible to himself, he was gone out of the Kingdom? he said, he was sure it was a mistake; it was an oversight, he must have forgot it; he was a very good man, a very punctual man, and I need not be the least uneasy about my money; and to the best of myThomas Cook and Co. payable to their own order, at 3 or 4 months, I am not quite clear in that: he desired I would get it discounted for him, and he would pay me 300 l. to account; I told him, I believed it was impossible to get it done, but I would try, and accordingly I took the bill: he said, how much do I owe you? let me see, said I; that you shall soon see; I opened the ledger, and drew out, to the best of my remembrance, an account of the different sums and debts: as I was going to cast them up, said he, you have been uneasy about Paterson, M'Randall and Grant; you talked of sending full powers against them, I should be sorry to have them affronted, for I am certain they will pay; and perhaps next packet, or a packet or two, may bring remittances; but I'll tell you what, If you will discount me this bill, and give me the difference, which will set me at liberty, add Paterson, M'Randall, and Grant to my account, and I'll pay you.
Q. What did he mean by liberty?
Hodgson. He was a little necessitated for cash at that time.
Q. What was the difference?
Hodgson. The difference was about 130 l. which would have been coming to me: I under-wrote at the bottom, to the best of my remembrance, Paterson and Co. or Paterson, M'Randall and Grant, 101 l. 3 s. 9 d. the value of 7 pieces of velvets; he went away with this account, and the next day he called upon me again; I had the bill with me: I immediately went with the bill to a merchant, to ask him to discount it; he said, he did not like the parties, but if I was urgent upon him, he could not refuse me to discount it, but had rather not, for some particular reasons. I did not urge him any more to do it, but brought the bill back. Mr. Cook came to me the next day, I think, and asked me if I had discounted the bill? I told him, I had not, and believed it was not in my power just then: he said, he had got a friend that would do it immediately, one Mr. Aderly (a person I did not know): he desired me to let him have the bill, and said, if I would go with him to the Rainbow coffee-house, Cornhill, I should not come out of the house till I had all the money. I went with him there: to the best of my remembrance, he enquired if Mr. Aderly had been there? he was answered, no: he desired me to stay a bit, and he would be back again immediately, and I should be sure of my money, before I returned home. I staid; he took the bill and went out, but never came back to me again. I saw him but once after that, before he became a bankrupt: that was at the Queen's Arms, in St. Paul's Church yard; then he promised me certainly that I should not lose a farthing by him.
Q. How long did you wait for him?
Hodgson. I waited there, I believe, 3 hours; I told him at the Queen's Arms, of his behaviour to me, and likewise that he would ruin me: he went from thence to his brother's, I apprehend; but he was a bankrupt that night, or the night following. One Lyon, a foreman of his, came to us, I think, the day after he was a bankrupt, (I am not quite clear to the day), and gave us an account, by order of his master, of what was become of the number of goods he had had of us. I told the prisoner in the King's Bench, we had made application to have recovered these goods back again, by virtue of Lyon's information, but we could not come at them. I told him what Lyon had informed me: he made this answer, D - n them all, a pack of villains, they have ruined me (meaning the people into whose hands he had put the goods) which were Levi Norden , Joseph Jacob , Moses Levi , and Abraham Abrahams , four Jews: he said, he had been obliged to send them there to support himself, and that there were all the goods that he had bought of us formerly, in all, twenty-five pieces of velvets: he said, they were in the hands of Abraham Abrahams , for an account of Levi Norden : we immediately applied to Mr. Alderman Nelson for a warrant: we found these very goods, that should have gone to Quebec, were in their hands, in that manner. We had a warrant granted against Cook, and I endeavoured to take him before he was surrendered into the King's Bench, but could not. He was, I think, the next day, sent to the King's Bench; in discharge of his bail, he surrendered himself. My partner and I applied to Mr. Abraham Abrahams , with Mr. Young, an attorney, but did not get the goods.
Q. Did you see them there?
Hodgson. No, we did not. I saw the prisoner in the Borough, and told him, he was a very great rascal, and ought to be made an example of I saw some of the goods at Guild-hall, at the finishing his examination: he was asked in Guild-hall, what he did with all the goods he had of us? said he, there is an account of them all in my examination: he was asked more particularly, what he did
Q. Have you any account of the numbers and qualities of the pieces?
Hodgson. (He produced a book.) This is my day-book. This is my hand-writing, dated the 27th of February, the day that John Rice brought us the account. (He reads the numbers, colours, yards, and prices of the pieces, which amount to 101 l. 3 s. 9 d.) The other three pieces I entered to his own account.
On his cross examination he said, he never looked upon the prisoner as debtor for the 7 pieces, which he had charged to Paterson, M'Randall and Grant, and that the prisoner was debtor to him above 600 l. exclusive of the 101 l. 3 s. 9 d.
Thomas Roebuck . I was in partnership with Mr. Hodgson; (He confirmed the evidence of Hodgson, with this addition) that three or four days after the prisoner had discovered the 7 pieces were not gone abroad, that he came to the prosecutor's warehouse, and pulled out a bundle of papers; among them were the particulars of all the velvets he had had of them; that he saw the particular paper of the ten pieces, that they were at Abraham Abrahams 's, a Jew's house, in Poor Jury-lane, and that one Lyon, the prisoner's servant, had that paper delivered up again to him; and at the same time the prisoner produced the bill of parcels, which was wrote by them for Paterson, M'Randall and Grant; at which time, he plainly saw he was tricked out of the velvets; upon which, he applied to Mr. Alderman Nelson for a warrant.
Q. Is it in your possession?
Lyon. It is not now.
Q. Who were made debtors?
Lyon. Paterson, M'Randall, and Grant.
Q. What became of those velvets, when brought to your master's?
Lyon. Mr. Paterson was at my master's; my master did business for him: he looked over sundry sorts of goods; to the best of my knowledge, he looked over them velvets.
Q. What Mr. Paterson do you mean?
Lyon. I mean the partner to M'Randall and Grant.
Q. What became of these velvets?
Lyon. These velvets, after Mr. Paterson had looked at them, were sent to one Abraham's.
Q. By whose order?
Lyon. By order of Mr. Cook.
Q. For what purpose?
Lyon. I can't tell.
Q. Have you not declared you knew for what purpose they were sent there?
Lyon. No, I never did.
Q. Did you not know what your master sent them there for?
Q. What is Abrahams?
Lyon. He is a Jew.
Q. What is his business?
Lyon. I do not know.
Q. Did Mr. Cook ever deal with Abrahams before?
Lyon. No, not to the best of my knowledge.
Q. Was you the person that carried them there?
Lyon. No, I was not.
Q. Then what is your reason for knowing Mr. Cook sent them there?
Lyon. By a memorandum which my master ordered me to make.
Q. What was that memorandum?
Lyon. To take down the numbers.
Q. What was your master's expression?
Lyon. He ordered me to send them to Mr. Abrahams's, and to take an account of them; there were other things sent.
Q. What at that time?
Lyon. I cannot say there were at that time.
Q. Did he say any thing about having money upon them?
Q. Did you ask him no questions?
Q. Who were they sent by?
Lyon. I believe they were sent by our porter.
Q. Are you sure they were sent?
Lyon. They were sent.
Q. Did you see them afterwards?
Lyon. No, I never did.
Q. What became of them?
Lyon. I do not know.
Q. How long was you servant to Mr. Cook?
Lyon. I was servant to him almost four years.
Q. Were there regular accounts kept?
Q. Was there such a book in the accompting-house?
Lyon. I believe there was.
Q. What is become of these several books?
Lyon. I believe they are in the possession of the assignees.
Q. Did your master do business for Paterson and Co.?
Q. Is that business entered?
Lyon. I take it, it is
Q. What was it that was entered in the packing-book?
Lyon. That was what was done in the warehouse.
Q. Are you sure your master has done business for Paterson?
Lyon. To the best of my knowledge, he has sent to my master to have parcels come in to look at.
Q. Do you know Mr. Paterson has given Mr. Cook such orders?
Lyon. I know he has.
Q. Do you mean now to say (for observe, Mr. Paterson is not gone for ever) that you was ever present when Mr. Paterson gave Mr. Cook such orders?
Lyon. No, I was not.
Q. Do you remember any goods brought in from Messrs. Roebuck and Hodgson?
Lyon. I do, several parcels.
Q. Can you tell how they were disposed of?
Lyon. I cannot tell how all of them were.
Q. Are you acquainted with Mr. Abrahams?
Lyon. I am not, any farther than seeing him.
Q. How many times may you have seen him at your master's warehouse?
Lyon. I may have seen him ten times.
Q. Do you not know what profession he is of?
Lyon. I do not.
Q. Upon your oath, do not you know he is a person that lends money upon goods?
Lyon. Upon my oath I never did know that.
Q. Nor that he procured money to be lent on goods?
Lyon. No, I never knew he did.
Q. Did you produce a piece of paper from Mr. Cook to Mr. Roebuck, of the numbers and colours of the pieces of velvets?
Lyon. I did, before my master went to Guild-hall.
Q. Where are the papers?
Lyon. They have not been in my possession since.
Q. Can you tell the contents of them?
Lyon. I have a copy of them.
Q. Produce the copy of that relating to the seven articles, that relates to those goods?
Lyon. It begins No. 1521; this is a copy of that paper that I delivered to Mr. Roebuck (producing a paper.)
Q. How came you to recollect it?
Lyon. It was by the order of my master, when they were sent out.
Q. Now look on that paper?
Lyon. It is dated January 28, 1763.
Q. Whose hand writing is it?
Lyon. This is my own hand-writing.
Q. What does that date allude to; to what transaction?
Lyon. Those were two velvets that were sent to Mr. Abrahams's.
Q. How long had those pieces of goods, that Mr. Paterson looked at, been in your master's house, before they were sent to Mr. Abrahams's?
Lyon. They were delivered out January 31; I can't tell how many days they had been in our warehouse.
Q. How long do you think?
Lyon. It might be about a fortnight.
Q. Were they ever shipped on board for Mr. Paterson?
Q. Was nothing done with these goods relative to Paterson and Co.?
Lyon. No, nothing relative to them.
Counsel for Prosecutor. Then by the first remove they were sent away to Abrahams's?
Lyon. They were.
Q. Is it usual for a packer to procure goods for gentlemen to look at?
Lyon. It is.
Q. Do they often give general orders, and leave it to the packer, to procure him what he can to the best advantage?
Lyon. They very often do, and they are brought to the packer's house for inspection. Mr. Paterson looked at these before they were sent to Abrahams's.
Q. Have you seen Paterson often?
Lyon. I have.
Q. What sort of a man is Mr. Paterson?
Lyon. He is a hard-favoured man, pitted with the small-pox; I have seen him many a time.
Q. Tall or short?
Lyon. A little tallish.
Lyon. Of a spare order, I think.
Q. Fair or brown?
Q. Where did he lodge?
Lyon. I don't know.
Q. What coffee-house did he use?
Lyon. I do not know. I know nothing farther than seeing him at my master's warehouse.
Q. Had your master any correspondence with him when at Quebec?
Lyon. I cannot tell. He had done business for him about a year before.
Q. What month?
Lyon. I can't tell the month: it was much about the same time of the year.
Q. What age might Mr. Paterson be?
Lyon. I believe he may be about 40.
Q. Can you recollect his dress?
Lyon. No; he had woollen cloaths.
Q. How long was you foreman?
Lyon. Almost 4 years.
Q. Did your master use to do business with other Jews, besides Abrahams?
Lyon. I believe there were some other Jews that he did business with.
Q. What is their business?
Lyon. I do not know.
Q. Upon your oath do you not know upon what account goods were sent to either of these Jews?
Lyon. Upon my oath, I do not.
Q. Did you go with any of them?
Lyon. I went with some of them.
Q. What did you do when you went?
Lyon. I left the goods.
Q. Did you never receive any money?
Lyon. One time I did.
Q. Was it for goods?
Lyon. For goods.
Q. How much money?
Lyon. About 50 l. or upwards.
Q. Were any of Roebuck's goods in that parcel?
Lyon. I cannot say there were.
Q. In what way did you deal with the Jew for that 50 l.
Lyon. I brought money back.
Q. Was it paid for the goods you carried?
Lyon. I can't take upon me to say it was.
Q. What order had you, when you carried the goods?
Lyon. I had orders to leave them, and I was to receive some money.
Q. Was not the sum mentioned to you by your master?
Q. How then was it?
Lyon. I suppose it was upon an agreement, as agreed upon by my master.
Q. Was it for the things?
Lyon. I suppose it was.
Q. Did your master order you to receive 50 l. or to get what you could?
Lyon. I was to receive the money that gentleman might give me.
Q. What gentleman?
Lyon. Mr. Levi, a Jew; I don't know what business he is.
Q. Had you a bill of parcels?
Lyon. I had not.
Q. Does your master, when he sells goods, usually send a bill of parcels?
Lyon. I do not know that he sells any.
Q. Have you had any dealings with him?
Abrahams. I have not; but I have lost money by him.
Q. Have you never advanced him money upon goods?
Abrahams. No, never; I have discounted him a note of 65 l. and another of 80 l.
Q. What is your business?
Abrahams. I am a jeweller by trade.
Q. Do you know Lyon?
Abrahams. I have known him as long as I have Mr. Cook.
Q. Do you remember, in the month of January last, any velvets coming to your house?
Abrahams. That I do very well: it was ten pieces of Manchester velvets.
Q. Where did they come from?
Abrahams. They came from Mr. Cook, for Mr. Norden: Mr. Norden and I being acquaintance, he had different notes, to the amount of 500 l. some of them by Mr. Hodgson, and some were indorsed by Mr. Henry Solomon . Mr. Hodgson applied for his money, but could not have any; Mr. Norden sued all these people together: after that, Mr. Cook came to me, and desired I would speak to Mr. Norden for him. Mr. Norden said, if he would give him security, he would give him time; he sent him in some cloth at first, which he said was worth a thousand pounds; this was all done with the advice of Mr. Kelley, an attorney; he drew the articles, and they were left with Mr. Norden for security; and if Mr. Cook did not fetch them in such a time, they should be sold by public auction. He sent in some velvets, to make
Q. Can you recollect the time the velvets came to you?
Abrahams. I cannot. It was in January.
Q. Where were they sent from?
Abrahams. They were sent from Mr. Cook; they were given for a security for the foregoing debt of 500 l.
Q. Were they pawned?
Abrahams. No, they were not.
Q. How came they to be sent to your house?
Abrahams. Mr. Norden at the same time had no house in the city, he lived in the country; he desired me, as I lived there, to let them be there: had he lived in the city, he would have taken them home.
Q. Were they brought there as a deposit for Paterson and Co.
Abrahams. No, they were not. Mr. Cook said, they were his velvets, and he gave them as a security; and they were afterwards sold at Mr. Gear's, at an auction.
Counsel for the Prisoner. We admit that Mr. Gear sold these ten pieces of velvets; so you need not call him.
The prisoner said nothing in his defence.
For the Prisoner.
Q. Has he had orders from him?
Byerman. He has.
Q. What orders?
Byerman. I can't remember the particulars; he was in our 'counting-house with Mr. Cook and me, in January, 1763. Mr. Cook said, Mr. Paterson, have you looked at these velvets? he said, I have, but they will not do for me. Mr. Cook said, I am sorry for it; I thought they might; upon which, the prisoner prevailed upon him to come and look at them again, which Mr. Paterson promised he would do the next day, if possible, or the day after.
Q. Did he come again?
Byerman. I can't tell whether he did or not, because I did not attend there but once or twice a week.
Q. What is Mr. Paterson?
Byerman. He is a merchant at Quebec; he was indebted to Mr. Cook; I have the ballance in my pocket.
Q. How much was he indebted?
Byerman. He was indebted to Mr. Cook 74 l. he had paid him 50 l. before he went there; it was Paterson, M'Randall and Grant.
Q. Do you remember the goods coming in to Mr. Cook's?
Byerman. I do not. My business was only to keep the ledger and journal: Mr. Paterson used to give orders to Mr. Cook, to get him such and such goods to look at: if they were liked, they were ordered; if not, they were returned back.
Q. Do you know what became of these ten pieces of velvets?
Byerman. I thought it was seven pieces.
Q. Did not you write out the account of these goods to the assignees, and what became of them?
Byerman. I have wrote out all, as far as Mr. Cook revealed to me.
Q. Did he reveal to you what is become of these seven pieces?
Byerman. He did not.
Q. Do you know what velvets those were that Paterson looked at?
Byerman. No, I do not know.
Q. You say Mr. Cook asked Mr. Paterson, if he had looked at the velvets; can you tell whether they were talking of these velvets?
Byerman. I cannot in particular tell whether they were or not; but at that time Mr. Cook had no other velvets but them.
Q. Do you know what particular velvets Mr. Cook had in his warehouse?
Byerman. I do not; I have seen divers pieces in the warehouse.
Q. How many pieces?
Byerman. It may be ten, a dozen, or fifteen pieces.
Rice. About January, the beginning or latter end; he came to look over some goods; I saw him look over some velvets, that I think came from Hodgson and Roebuck.
Q. What velvets?
Rice. I can't particularly say whether they were Manchester velvets; I did not look at them.
Q. How long did you live with Mr. Cook?
Rice. I was an apprentice to him.
Q. Can you fix the time when Mr. Paterson was there?
Rice. I cannot.
Q. Was it before or after Shrovetide?
Rice. I can't say which.
Q. How long had the velvets been brought in, before Mr. Paterson looked at them?
Rice. I believe they were not brought in above a fortnight before he looked at them.
Q. Do you know of any orders given by Mr. Paterson?
Rice. No, I do not.
Q. How long between his looking at them, and your carrying a slip of paper to Mr. Hodgson?
Rice. I cannot particularly say how long.
Q. Did you book them when you received them?
Rice. No, I did not.
Q. Did Mr. Paterson chuse any of these goods?
Rice. No, he did not.
Q. Did he after that time?
Rice. Nor after, to my remembrance.
Q. How long after the time Mr. Paterson had seen these goods, and you went with a note of the number of the goods to Mr. Hodgson?
Rice. That I cannot tell.
Q. Supposing the numbers right, what was the paper to prove?
Rice. I did not open the paper.
Q. When you came there, did you examine his books, to see whether they agreed?
Rice. I do not remember that I did.
Q. Do you know that the first paper turned out wrong, and you went back again?
Rice. I believe I did.
Q. Do you remember coming a second time, and that being wrong?
Rice. I can't call that to mind.
Q. Do you remember going a third time, when it turned out right?
Rice. I can't tell how many times I went there; I know I went several times.
Q. Do you remember going several times in one day?
Rice. I do not remember that.
Q. Was your carrying that paper before or after Mr. Paterson had seen the goods?
Rice. I think it was after.
Q. For what purpose did you carry that paper?
Rice. To satisfy Mr. Hodgson and Roebuck of the goods.
Q. Was it to satisfy Mr. Hodgson and Roebuck, that Paterson had chose the goods?
Rice. (No answer.)
Q. Do not you know what these notes were sent for?
Rice. It was to satisfy them about the lengths of them; I know no farther.
Q. Was it not to satisfy them which pieces Mr. Paterson had chose?
Rice. I don't know.
Q. How many pieces were delivered?
Rice. I don't know.
Q. Can you tell the day you carried the note?
Rice. No, I cannot.
Q. Can you tell within a week?
Rice. I cannot.
John Fox . Mr. Cook and Mr. Roebuck were at my house last April; Mr. Cook was obliged to leave his house; I married his sister, he came to my house, and was there some time: Mr. Roebuck came to me more times than one, and desired me to use my interest with him to make him satisfaction for some money he was indebted to him.
Q. What was the sum?
Fox. To the best of my remembrance, it was above 600 l. that he owed Hodgson and him; he came frequently to my house, and begged I would use my interest for him, as I was a relation, to give him some security, or some satisfaction for the debt.
Q. Do you remember any thing of a bill being delivered by Mr. Roebuck?
Fox. I do.
Q. Look at this paper. (He takes it in his hand).
Fox. This is it, to the best of my knowledge; I read it at that time: I remember the circumstance of a large sum added to the other; this account was what he said he should suffer by him, in case he went off, or were a bankrupt.
Q. Was that bill delivered, as containing a particular account of that sum that he said the prisoner was indebted to him?
Fox. I understood it so: this was delivered at the second meeting, I believe.
Mr. Marston. Mr. Cook desired I would go to Mr. Hodgson, and offer him, in behalf of Mr. Cook, 30 l. in order to discharge the warrant which he was charged with in the King's Bench; Mr. Hodgson said he would discharge him, in case he would make up the whole sum: I afterwards saw him in the King's Bench; he was then willing to discharge him, if he would raise the money he wanted.
Guilty . T .
The trials being ended, the court proceeded to Judgment.
Received sentence of Death, nine.
To be transported for fourteen years, one.
To be transported for seven years, thirty-five.
Francis Jaume , Daniel Flood , John Smith , Charles Pearce , John Cobourn , Jacob Levi , Edward Lee , Richard Codey , James Boland , Thomas Jones , John Lestoden , Giles Bishop , Ann King , Munday Musturs, Jonathan Boswell , Isaiah Haines , William Palldock , otherwise Balldock, Millicent Spratley , Jane Beals , Thomas Mayo , Sarah Smith , Daniel Germain , Thomas Dane , John Brown, James Murphy , Thomas Fielder , Edward Connolly , Thomas Element , James Nokes , Mary Nottman , John Harding , Jane Dean , John Hogan , Thomas Green, and Mary Heather .
To be branded, two.
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