In the Fifth Year of His MAJESTY's Reign. Being the Seventh SESSION in the MAYORALTY of The Right Honble SirWilliam Stephenson, Knt. LORD-MAYOR of the CITY of LONDON.
NUMBER VII. PART I. for the YEAR 1765.
Sold by W. NICOLL, in St. Paul's Church-yard.
King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.
BEFORE the Right Honourable Sir WILLIAM STEPHENSON , Knt. Lord Mayor of the City of London; the Honourable George Perrot , Esq; *, one of the Barons of the Court of Exchequer; Sir Richard Aston , Knt. +, one of the Judges of the Court of King's Bench; James Eyre , Esq; ++, Recorder; and others of his Majesty's Justices of Oyer and Terminer, of the City of London, and Justices of Gaol-Delivery of Newgate, holden for the said City, and County of Middlesex.
N. B. The *, || and ++, refer to the Judges before whom the Prisoner was tried.
George Cousins . The prisoner was horse-keeper to a poor woman in Thames-street , where my horses stand; we suspected the prisoner was not honest; I ordered my servant to fill the bin with oats, that we might see if any was missing. The other witnesses will give a farther account.
Edward Lennet . On Friday the 26th of July, I put thirteen quarters of oats into the bin over the stable, which just filled it; and on the Saturday morning I went to unlock the stable door, and found the lock had been tampered with, as I had found it before. I went and looked at the bin, and there was a hole sunk, by letting some down a spout into the stable; there appeared to be two bushels or more gone out: I let my master know of it, and Richard Peither , and Miles Thompson were set to watch; that is all I know.
Richard Peither . I and Mr. Thompson were, by Mr. Cousin's order, lock'd in the stable to watch, on the Sunday night, but nobody came: we were lock'd in again on the Monday night; about half an hour after one o'clock, we heard the prisoner's voice in the yard; he unlock'd the
Peither gave me the oats.
Peither. I never gave him but one hatful, which he asked me for, for his rabbies, which was three weeks before.
416, 417. (M.) William Healey , otherwise Keeley , was indicted for stealing twelve silver table spoons, value 6 l. seven silver-handle forks, value 3 l. six silver-handle knives, value 3 l. one shagreen case for knives, and one marrow spoon, value 5 s. the property of Michael Mayo , Esq ; July 12 . and Eleanor Boyd , otherwise Nangle , spinster , for receiving three of the said knives, and one silver fork, well knowing them to have been stolen , July 13 . +
Michael Mayo , Esq; On the 12th of July last, I lost the plate and case mentioned in the indictment (mentioning them). I had used them the day before at dinner; after that I was sent for before Sir John Fielding , on the 13th or 15th; the plate was produced there, except one table spoon.
Q. What is the value of the plate?
Prosecutor. It was worth twelve or fourteen pounds: there were three prisoners then before Sir John, in irons; there was the prisoner Keeley; it was Keeley that came to my house to let me know my plate was found: at first he said, D - n his eyes, I did not deserve to have my plate again; and if he got loose again, he would rob me again. I gave him a shilling, as he seem'd distress'd; after which he said, D - n his eyes if he would rob me.
Q. from Keeley. Did you not say I had a right to the reward?
Prosecutor. No, I did not; I did not know who was intitled to that: I was told he had been discharged out of custody but the Thursday before.
Eleanor Morgan . I have known Keeley ever since Christmas last. On the day before last sessions ended, he came to me about four in the morning, and call'd me out of bed; it was on a Friday; he lodged in the same house where I did; he desired me to go out with him to rob, or get any thing we could. I went out with him; he went into a gentleman's house in Bedford Row, where the door stood a jar, and brought out two glass cruets, with silver tops; this was between seven and eight o'clock; he gave them to me; then he went back again to a corner house, and brought out a knife case, with twelve table spoons, six forks and six knives, and a marrow spoon.
Q. How did he get into that house?
E. Morgan. He said the door was a jar; it was in the same street; he gave them to me; we brought them home, and went into an empty house, and looked at them, and found them to be all silver.
Q. to Prosecutor. Where is your house?
Prosecutor. My house is at the corner ofLittle James-street, by the chapel, Bedford Row.
E. Morgan. We went down to Eleanor Boyd ; she looked at them; she lodged in the same house; we asked her if she knew any body would buy the things; she said she knew a Jew that lived by Clarkenwell Bridewell, that would buy any thing in the world: she was to have her share; so we divided them. The boy had six forks and the marrow spoon. Boyd had six spoons and three knives, and I had the same. I was afraid to go to sell them, so they both went: they came home again, and said they could not meet with the Jew, but that they had sold the two silver tops of the cruets: he went out again and committed another robbery: this was on the Friday, and on the Saturday he was taken up: there was nothing found in the house where I live, but the two glass cruets; the other things were found with Eleanor Boyd . After I was admitted an evidence, I delivered my share up, by showing them the place in a ditch in the fields where I had hid them: Boyd went away when she found the Constables were after her.
Keeley. This woman goes by the name of Morgan; I was evidence against her and her husband; her name is Farrell. See No. 337. in this Mayoralty.
Morgan. I never was married to Farrell: This boy lived by himself, and used to go out every day a robbing.
Keeley. this woman is the greatest rogue that ever existed.
Morgan. No; I lodge in the room over his head.
Q. Does any body lodge in the room that he does?
Morgan. It is a common lodging-house; several people lie in the same room.
Q. from Keeley. What time did I lodge there?
Morgan. About Christmas.
Keeley. I worked at periwing making then.
Morgan. Keeley and I lodged at two places in St. Giles's: he was cleared here on the Thursday, and he came to lodge where I did at night, and did this robbery the next day, being Friday: this was at the last place we lodged in. (The goods found produced in court.)
Morgan. These are the same spoons, knives, and forks, that the prisoner Keeley brought out of the house in Bedford Row to me; I know them by the crests upon them.
Boyd. I was evidence against Keeley; is it likely I would go to sell these things for him? Morgan, Keeley, and I, delivered them to Boyd.
John Hyde . I was going through St. Giles's, and met Edward Wright , that belongs to Sir John Fielding ; he said he was going after the evidence's husband, and the husband of Boyd; Keeley was with him: this was on a Saturday in July, I think: he said he had an account of this plate from Keeley and another man; he desired me to go after the two women, Morgan and Boyd; I went into the fields; there I saw Morgan; Keeley went with me: I ask'd her if she had any plate to sell; she said she had: I said. Let me see it; she said she had not got it with her, but the other woman (meaning Boyd) was gone home with it. When she would not tell me where it was, I said, You must go along with me: I took her with me; then I and another man went and search'd Boyd's lodgings, but found nothing there. After Morgan had been admitted evidence, we ask'd her where the plate was; she told Sir John Fielding , that she had hid her share in a ditch: I went with her into the Long Fields; she took up some earth, and took out six table-spoons and three knives: these are the same (taking up some from the rest).
Q. from Keeley. Did I not bid you go up to the woman, and ask her if she would sell the plate?
Hyde. Yes, he did; and he mentioned Boyd too.
William Barkerthe elder. I lodge in Newtener's Lane; we were at dinner on a Saturday; Boyd came running into our room (I had never seen her before), and cry'd, For God's sake save me, help me, for there are thieves and robbers after me: she got under my bed: Mr. Haliburton and another man came up after her; they said I had got a thief in my room; I said, Then for God's sake take her out; I held up my bed while they took her out. After they were gone, I bid my little boy go and see if any thing was left; he went, and under the bed found five silver spoons three silver-handled knives, and one fork; then I and my boy went to Justice Fielding as fast as we could; she was there; I delivered them into the Justice's hand; she owned she left them there.
William Haliburton . On the Saturday of the last sessions I was at Sir John Fielding 'soffice; there was a man, named Farrell, who goes for the husband of the evidence Morgan, and the prisoner Boyd's husband: I went with Wright to their lodgings in St. Giles's, facing the church; the women were not at home; then we went into the fields; two went one way, and two another. Before we got to the back of Montague house, I saw Hyde had got Morgan in custody; then we came all together, and search'd their lodgings; we found two glass casters without tops: we were afterwards informed Boyd went down Holbourn; we suspected she might be about Newtoner's Lane: we went there; Keeley was with us all the time: we were informed Boyd was seen to go into a house, and up stairs; it is the house where Barker lodges; there are two doors to it: I stood at one door, and Keeley and Gahaganwent in at the other: they had hardly got up upon the top of the stairs before they called me. Gahagan said he had found six forks and a marrow spoon between Boyd's shoulders, under her gown: I saw them, but did not see them taken from her. I said, Where is she? they said she was run up another pair of stairs: I went up two pair of stairs, and ask'd Barker if a woman was not come into his room; he said No, at first; but when I said she was a thief, he said, Then take her away. We took her before Sir John Fielding , and soon after there were five spoons, three knives, and a fork, brought there by Barker and his son; they said they found them in the bed.
Q. Who is that Gahagan?
Q. from Keeley. Did I not go for the prosecutor?
Haliburton. Yes, I sent him; then I did not think he was the thief.
Edward Wright . Gahagan came to me one morning about six o'clock, about the time of the last Old Bailey sessions: he said, Wright, I believe I can help you to something; there are some knives, forks, and spoons, that Farrell and Boyd have got in the coach yard, St. Giles's, in a shagreen case; and he knew where the gentleman they belonged to lived, and mentioned some Row; but what Row I cannot be particular in. We went in search of the people; presently came Keeley; we went together, and took two men, who were Farrell, and Boyd's husband. We met Hyde in the coal-yard; I told him of it; he went with us: we went two one way, and two another, in order to meet in the fields: the evidence Morgan was sitting by the side of a pond; I brought her along with me: we went to their lodgings, and search'd, but found only two glass cruets, which Boyd and Morgan afterwards acknowledged they had sold the silver tops belonging to them.
Q. from Keeley. Did I not do all I could to take the persons?
Wright. The boy took a great deal of pains that morning in order to find out the things and thieves; he was the means of all being taken up: we were to follow his steps: he said, Go along with me, and I'll be bound to have all concern'd in the robbery.
Q. Did he say how he came to know of the things being stolen?
Wright. No, he did not.
Q. Did you ask Gahagan. or the boy Keeley, how they came to know how the things came to be stolen?
Q. Was Keeley by when Gahagan said he believed he knew the gentleman that they belong to?
Wright. No, I think he was not then come.
On the Friday night Morgan and her husband, and another man and a woman, were eating beef and potatoes at their lodgings in St. Giles's: Morgan's husband, nam'd Farrell, was very ragged: I said, What have you been doing all this while? O, said he, I will not be so ragged tomorrow, for we have got a very good booty this week. Said I, Will you let me look at it? No, said he, I cannot do that. He brought it in about half an hour to let me see it: she was with him: there were table-spoons, knives, and forks. Said they, Judith Coffe , that used to buy things of them, and sell them, would not help them. (See Coffee tried with Farrell and his wife, No. 338. in this Mayoralty). Said I, I know a person since I was in New Prison that would buy of any body in the world: they all consented to go into the fields the next morning, and I was to bring the man to buy them: I went and told Mr. Wright of this, for him to get somebody to buy them, and by that means we should get them all. I said, The man must pretend to be a buyer of old cloaths, and call himself a Jew: so he got Mr. Hyde to go with me on that account. When Mr. Hyde came up to Morgan, he took out six or eight guineas, and said, Where is the plate? then she said, This woman (pointing to Boyd) had it. After that, Morgan cleared her own husband, and said I stole the plate. She had no way to come off but by swearing falsely against somebody or other. I am between thirteen and fourteen years of age.
I know nothing of this plate. Gahagan, and Farrell and his wife, had words with me, and he came at one o'clock with a drawn knife to take me out of bed: I ran to hide myself from these men: the people ask'd me what was the matter; I said it was a thief going to have me taken with a parcel of constables: he bid me come in and hide myself here: I went in, and got under his bed: the men came, and said, She is a thief: they took me out, and search'd the room, and Gahagan searched with them; and when I was before the Justices, Gahagan was very uneasy: he went back to search the room, and came again with the little boy: they brought in the things, and said they got them in the room.
Q. to Morgan. When did you hide your share in the ditch?
Morgan. I hid it that very Saturday.
Both Acquitted .
See Boyd tried, No. 165. in this Mayoralty.
Jane Melon . I am servant to Mr. Henry Heron (she produced a stand with all the glass casters in it but two): the two casters wanting here were taken away; I cannot tell the day of the month; it was two months ago last Friday, when I went out one morning for water: they had silver tops to them.
Elizabeth Parker . I was serving my customers with milk: on a Friday, about eight or nine weeks ago, about eight in the morning. I saw the prisoner Keeley go twice in, and come twice out of the house of Mr. Heron, at the top of Milner-street, in a court.
Q. Did you see him bring any thing out?
E. Parker. No, I did not.
Q. to Melon. Is your master's house in that court?
J. Melon. It is ( two glass casters produced): these are my master's property, which were lost out of this stand. (They fitted the frame, and corresponded with the wrought work on the other glasses).
Q. When did you see them before they were missing?
J. Melon. I saw them the night before they were missing: the next morning I had put them in their places myself.
Q. What is the name of the court where your master lives?
J. Melon. It is called Bragdell Court.
Q. to E. Parker. Did you see any body at the door?
E. Parker. No, I did not; he went out and turn'd up at the end of the street, and then returned and came in again.
Prisoner to Melon. In what way did you leave your house when you went out for water?
J. Melon. I thought I left it fast.
Q. When you came back, how did you find the door?
J. Melon. Then I found it a jar.
Q. Are you sure you left it fast when you went out?
J. Melon. I am not sure I did.
Q. Do you remember your meeting this milk-woman?
J. Melon. I do, when I was bringing the pails of water home.
Q. Did you take notice of the time the gentleman by you lost his plate?
J. Melon. I do, and know it was the same morning.
Q. How far is your house from his house?
J. Melon. It is but three or four doors from his house.
Q. Do you know the gentleman's name?
J. Melon. His name is Mayor.
Q. to Parker. Do you know any thing of Mr. Mayo's plate being lost?
E. Parker. No, I do not.
Q. to Melon. What time was your plate gone?
J. Melon. I and my mistress miss'd the plate a little after eight.
Prisoner. I was along with him, assisting him.
Wright. He found them. and I took them from him.
Q. to Wright. Where did you find them?
Wright. I found them in the house that Farrell and these people lodge: there were two or three beds in the room, in a one pair-of-stairs room.
Prisoner. They were found in Farrell's bed.
'Squire Mayo was by when some people said there had been two robberies about here: I said, What size are the two cruets? having heard them mentioned, I went to the house, and ask'd about them; I said, I thought I could help them to them, saying. I had heard of such things. It was Mrs. Mayo that sent me to the prosecutor's house; I never was in the house before that.
William Haliburton . On the Saturday, about one or two o'clock, I sent the prisoner to Mr. Mayo's house, to give him an account his plate was found, and to desire him to come to Justice Fielding. I did not know who the cruets belonged to.
Guilty . T .
418. (M.) William Rook was indicted, for that he, on the King's high-way, on Benjamin Tomlinson did make an assault, putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 40 s. his property , July 20 . *
Benjamin Tomlinson . I lodge in Brokers-Row: I had been at Vauxhall on the 19th of July, and coming back, in Bow-street, Covent-Garden , past twelve at night, a little boy, named Mackrell, attempted to pick my pocket: I prevented him: after which the prisoner came up, pretending to be drunk, and jostled against me, and whip'd out my watch, and took to his heels.
Q. Did he put you in fear?
Q. Did he say any thing to you?
Tomlinson. No, not a word.
Q. Did he present any pistol or instrument to you?
Tomlinson. No. In the morning I went to Justice Fielding, and got it advertised, Number forgot.
Q. Are you sure you had it in your pocket at the time the prisoner came up to you?
Tomlinson. I am sure I had, and I felt it go from me.
Mr. Clay. The boy Mackrell was in custody before Justice Girdler for robbing a till; the justice sent for me; I heard the low declare by had been concerned with the prisoner. Queen, and Parker, in robbing several talk: he denied to be admitted an evidence, and said he could a good many of them: he gave an account of this robbery, and informed us where his companions were to be found. I, with the assistance of some officers, took the three persons, Parker, Quin, and the prisoner: the boy told me he and the prisoner had sold the watch in the Minories to Mr. Coleman. I took the boy there, and Mr. Coleman brought the watch to the justice's; there the prosecutor swore to it, and to the prisoner robbing him of it.
David Coleman . I bought this watch (holding a silver watch in his hand) of the prisoner at the bar, on the Saturday after the robbery: he first ask'd to see a pair of silver buckles: we agreed for a pair; then he shewed me this watch, and said he had had it twelve months: he gave me his name in writing, and I gave him two guineas for it.
Prosecutor. This is my watch, which I lost that night.
I came honestly by the watch; I found it between five and six in the morning on a Saturday, and I sold it to that gentleman: I gave him a note of my name, and where I was to be found. This chap, Mackrell, that was to be evidence against me, has been an evidence here three times, and by three different names.
Guilty of stealing the watch .
Acquitted of the robbery. T .
John Stubley . I am watchman to the steel yard The 5th of August, I observed him walking in the yard; having seen him there about that time be sore, I watched him. I saw him make up to a pile of iron, and stoop, and walk away, as if loaded pretty heavily. I followed him, and collaring him, said you have been robbing they are: he dropped the bar, one end on the ground and the other on his knees. (Produced in court)
Q. to Jones. Whose property is?
Jones. All iron in our yard we are accountable for.
This bar was lying down: I had a hurt on my scull, and at times an not sensible, especially when I get any liquor.
Q. to Stubley. Was the prisoner fuddled or sober?
Stubley. I rather think he was fuddled.
Guilty, 10 d. W .
Richard Clark . I am a hardware man , and live in Cheapside . About the 22 d or 23d of July, in the morning, the prisoner came to my shop, to ask charity; I gave him some relief after he was gone, I missed two pair of silver buckles, set with stones, from off the counter near the door; he came to the stairs to me, about the middle of the shop, and hearing a strange voice, I came down. Mr. Johnson brought me one pair of them two or three hours after. I knew them to be one of the pair missing. I went before a magistrate, and swore to them; there was the prisoner. I knew him to be the man that asked charity of me; he said he found them.
I am sorry for it, for I was not in my senses when I did it.
Guilty, 10 d. T .
There was another indictment against him for a single felony.
George Scott . I am a linen-draper , in West-Smithfield . On the first of August, I was above stairs; I came down, and saw the prisoner sitting close to the counter, with her left arm leaning on the counter: I saw her pulling a piece of cotton towards her, with her right hand, which made me suspicious: I walked to the door, and turned again, and saw she had got the cotton near her; I went to go into the counting-house, in order to watch her. I discovered the end of a piece of Irish cloth in her apron, under her left arm: I spoke to my young man, and asked him if that woman had bought any Irish? he said, no. I went up to her, she then got up with it in her apron; I took hold of it, and asked her what she was going to do with that? (there were several customers in the shop) she said very sharply, she had bought it at another shop, and would carry me to the shop where she bought it; I said it was my property, and desired her to walk into the counting house: she did, and made to the door to go out. I stopped her, and sent for a constable; she begged I would forgive her, and said it was the first time she had done so; she threw several little things out of her apron, and said she would give me them all, and pay me for the cloth, if I would forgive her: I called down my servant to search her, but she herself turned out her pocket, and had but Three-pence halfpenny about her: (the cloth produced in court.) I can very safely make oath it is my cloth, and what I took from her; here is my private mark upon it, about twelve yards and a half of it.
Mr. Coleman. I live with Mr. Scott. Mr. Scott asked me if the prisoner had bought any thing? I turned, and saw him take the cloth from her; I had cut some cloth off it in the morning and put our private mark upon it; she had not been in the shop above three or four minutes.
I was taken into the shop to look at a piece of cotton; I was much in liquor; the cloth was laid on my knee, and afterwards the woman that I went in with. went away.
Q. to Prosecutor. Was she in liquor?
Prosecutor. She did not appear to be in liquor.
Guilty, 4 s. 10 d. T .
422, 423, 424. (M.) James Steward , John Watkins , and James Farrall , were indicted for stealing two martin skins, value 2 s. 6 d. and one fishouse skin, value 9 s. the property of John George Libenrood , August 7 . ++
William Simonds . I landed some skins belonging to Mr. Libenrood, and opened them upon the key, and loaded them in a cart: there were a great company came about them, and I drove them away several times: the master carman seiz'd the three prisoners; he said he saw them under the cart, but he is not here, and I did not see that: we searched them, and two Martin skins were taken, one out of Watkins's pocket, and the other out of Farrall's: we found a great hole cut in the bag, as it lay in the cart; this was on the 7th of August.
John Jebb. I am constable for the King. I took the three prisoners before my Lord Mayor; this skin Steward said he dropt under the cart; (produced) it is valued at 9 s.
I was easing myself, and they came and took me, and hauled me away; I know nothing.
I kicked the skin before me, as I was going up the gate-way, and I took and put it in my pocket.
I was going to ease myself, and saw the skin lying before me; I was looking at it, not knowing what it was.
Steward, Acquitted .
Farrall and Watkins, Guilty , T .
425. (M.) Hannah Bolton , spinster , was indicted for stealing a linen petticoat, value 2 s. a stuff petticoat, value 1 s. a silk gown, value 4 s. a silk cloak, value 1 s. three linen aprons, value 1 s. two linen caps, value 1 d. five linen handkerchiefs, value 1 s. one pair of leather gloves, value 2 d. the property of Martha Barry , spinster ; three linen shifts, value 3 s. three pair of cotton stockings, value 1 s. three linen caps, value 1 s. one pair of muslin ruffles, value 1 s. and three linen handkerchiefs, value 1 s. the property of Peggy Gordey , Sept. 10 . *
Martha Barry . I live servant with Mr. Klemast, a furrier, at the corner of Gray's-inn-lane ; Peggy Gordey is my fellow-servant, the prisoner was servant in the same house about a fortnight. On the 10th of September at night, the prisoner went away with the things mentioned in the indictment, (mentioning her things by name) and was taken with them in her apron, in the street.
Peggy Gordey . I am shop-woman at Mr. Klemast's: the prisoner went out about 7 o'clock at night; the things mentioned in the indictment were missing; she was taken about ten o'clock the same night, in the street, with all the things mentioned in the indictment, in her apron.
The prisoner said nothing in her defence.
Guilty . T .
426. (M.) Daniel Conner was indicted for that he, on the King's highway, on Adam Couden did make an assault, putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 4 l. his property, and against his will , August 7 . +
Adam Couden . On the 7th of August, I had been at Marybone, and was coming home; when in Russel-street , between one and two in the morning, a man came and collar'd me; I was knocked down instantly by another behind me; I received the blow under my left eye; I got up again, and having a cane, I struck at them; I saw there were more than two. I was knocked down again, and my cane and watch were taken from me; they beat me very much; the second blow was given me on the back part of my head; I cannot swear to any of the men: my watch is No. 168. William King the maker; I have seen it since, there is a bill in it, of the man's that cleaned it last, and where he lives, a triangle seal, and a silver scollop over the key-hole. (Produced and deposed to.)
Edward Wright . I happened to be at a house in St. Giles's, where the prisoner was drinking; he haul'd the watch out of his pocket; he said it was his father's, and he had fetched it out of pawn; he offered to sell it to a man for thirty-five shillings: he delivered it into a man's hand, and that man delivered it to me. I took the prisoner to the Round-house; the next morning when I went to take him before the justice, he said, Mr. Wright. I told you a lie, I found the watch just by where you live, in Charles-street, by the stand of coaches.
I was going home, about one or two in the morning, and happened to see this watch just before me. I picked it up, and went home directly; the next day I looked in the advertiser, and saw no such thing advertised: the next night, I went to see for Ned Wright , at the King's Head, Seven Dials; they said he was up stairs, in the club: I sat down, and pulled this watch out; he asked me to let him look at it; he looked at it two or three times; they got me drunk, and I happened to fall asleep. As soon as I awaked, I asked who had got my watch? they had picked my pocket: I was told Blinkey Bourn had got it. I charged him with it: he said he had not got it: I said, may be it may be advertised, then I have a right to the reward; then Bourn said, Ned Wright had got it, that he bid me take it out of your pocket. I asked Ned Wright for it? he said he knew nothing of it: he said he was going to the Round-house; I said, I will go with you; I made no resistance. If I had robbed any body, I would not have shewn it to him, because he belongs to Sir John Fielding . I was offered 40 s. for it by a sweep-chimney that night.
Acquitted of the robbery. Guilty of stealing . T .
Thomas Erkenn was indicted for stealing four silver tea spoons, value 10 s. the property of Philip Fitzpatrick , August 24 . *
Thomas James . I am a fruiterer, and live in Tottenham-court-road. I heard the cry, stop thief, on the 24th of August. I was in the field: Mr. Fitzpatrick's maid called and said that man had taken something from the beauffet; the prisoner was alone, running; I ran after him, over-took him, and brought him back; John Wakeman was then coming cross the fields. When we got within fifty or sixty yards of him, he called to me, and said there was something; there was some boggy ground between us: I said, if there is any thing, pick it up. Upon that, he put his hand down, and at four several times, brought up four silver spoons: we brought the prisoner and them to Mrs. Fitzpatrick, and she owned the spoons: we took the prisoner before Justice Welch, and he committed him. Mr. Welch asked him what was the reason of his running? he said, that he and I were running for apples.
John Wakeman . I was coming cross the fields at that time; I saw Mr. James running after the prisoner in the field, and heard Mrs. Fitzpatrick's maid call Stop thief; I saw the prisoner stoop, and drop something; I kept my eye upon the place, and went to it, where I saw the handle of a spoon, not quite covered; I pick'd up four: (Produced in court); marked P. H. S. The rest as the former witness.
Susannah Yarman . I am servant to Mrs. Fitzpatrick, who lives near Statute Hall, Tottenham-court-road. On Saturday the 24th of August, I met the prisoner coming out of my mistress's parlour; I missed the spoons, and went out, and called Stop thief; he ran cross the fields; Mr. James ran, and he and the other witness brought him back. These spoons are my mistress's property.
I was going to see the cricket-playing in the fields; I went up to this girl's door, and asked for a halfpennyworth of apples; she said, they did not sell apples; then I went into the fields. Mr. James was running; he said, Stop stop; I said, What must I stop for? he said, you must go back again. I was willing to go back with him.
Guilty . T .
428. (M.) Thomas Devene was indicted for stealing a cloth coat, value 6 s. a duffil waistcoat, value 2 s. three silver tea-spoons, value 4 s. four linen shirts, value 12 s. one pair of cotton stockings, value 4 d. two pair of worsted stockings, value 8 d. one periwig, value 2 s. one hat, value 6 d. two linen handkerchiefs, value 1 s one silk and cotton handkerchief, value 6 d. the property of Henry Seyers , March 3 . *
Henry Seyers . I live in Catherine-wheel alley, Whitechapel : I am a taylor , and have only two rooms. On the 3d of March the prisoner left his lodging; he lodged in the same house, and that day all the things mentioned in the indictment (mentioning them) were missing. I never saw him afterwards, till about a month ago, in prison; he then had my coat and waistcoat on; he desired I would be favourable to him; I never found any of my other things.
James Horn . I live in Clarkenwell, and deal in brandy and tea; I hearing the prosecutor say he had been robbed by the prisoner, and he wish'd he could find him; I knowing him, and that he belong'd to the Surry militia, got intelligence of him, and took him up: he was dress'd in a lapell'd blue grey coat, and duffil waistcoat: he was carried to Bridewell at Chatham: I came up to London for the prosecutor: when the prisoner was taken out to go before Mr. Best, to be examined, he went without coat or waistcoat: we went to Bridewell; there we found the coat and waistcoat torn all to pieces, and some of them put into one hole, and some in another. (Produced all in pieces, and a periwig in two pieces).
Prosecutor. I know these pieces are part of my coat, which I lost at the time: I made it myself.
I gave very proper notice that I was going away: the prosecutor gave but very little heed to it: Mr. Horn took me up and carried me before 'Squire Best; he told him there were some things belonging to the cloaths I had on that he could swear to; I shewed them to the gentleman, and he said Horn was a very bad man for saying so: I was ordered to put on my cloaths, and was taken to Chatham watch-house; I thought I had people against me that would swear any thing: I sent my cloaths to a house where I owed money, for I always love to pay where I owe; presently Mr. Horn came and tore best part of the place down, and found a parcel of rags that were torn to pieces by a man that had been out of his senses, and confined there. I desired the constable to go to my lodging, to fetch my cloaths, but I could never get them again: I was obliged to go naked through the streets to the justice's; this coat I have on I bought
Q. to Horn. Did you ever hear of this story of a madman before?
Horn. No, I never did?
Q. What reason did he give for his coming in that undress before the justice?
Horn. He said he had sold the cloaths to a cloaths-man: I know these pieces belong to the coat I took the prisoner in.
Guilty . T .
429. (M) Sarah Buckinghorn was indicted for stealing six linen shirts, value 4 d. two pair of worsted stockings, value 2 d. one linen sheet, value 2 d. and one pair of leather shoes, value 2 d. the property of James French . August 21 . ++
James French . I am a shoemaker : the prisoner came into my house on the 16th of August, and told me she was recommended by my next door neighbour, for whom she did business, and asked me if I would employ her in any thing I had to do; I told her I had no manner of objection: she took a broom and swept the rooms, and went away for that day: the next day she came and lighted a fire and got breakfast, and went away for that day: I did not intend her as a constant servant. Thus she went on some days. I had looked out some things, expecting she would wash them one day or another: she came on the Friday, and the Tuesday after, my apprentice miss'd two shirts: she came the next morning about nine; she put on a boiler; I thought she was going to wash; she went away and left it on the fire, and I saw no more of her till three in the afternoon; then Mrs. Welch, who had recommended her, came and asked for her; I said I should detain her when I saw her, for I had miss'd some things; which were four shirts, two pair of stockings, and a sheet: Mrs. Welch turn'd short, and went away, and return'd in about an hour, with two of the shirts, and said, Here are two of your shirts, and I know where some of the other things are in pawn; in about an hour after, she came and shoved the prisoner into my house, and said to her, There you have robb'd the man; defend yourself. I told her she should not go out till she was conducted out by an officer. I sent for one, and gave him charge of her: she made and excuse to go backwards into my kitchen, and in her return she stole one of the shirts that Mrs. Welch had just brought home: I saw it found upon her the next day, before the bench of justices in Whitechapel; we found a pair of shoe pawned by her with my mark upon them, my property. The pawnbroker is not here: she had pledged a shirt at a chandler's shop for eighteen-pence, which I have got again; the prisoner acknowledged she had taken the things.
Elizabeth Welch . I saw this shirt found upon the prisoner before the justices in Whitechapel: I had that shirt and another from the prisoner's own hands: I heard her own to the shoes, and that she had given the shirts and two pair of stockings to a woman to pawn.
I know nothing of these things; I owned to but one shirt, and that I intended to have brought home again.
Guilty . T .
William Gibbs . On the 1st of August, about eleven at night, I was coming through Catherine-wheel-alley. Whitechapel ; a woman came by me, and snatch'd my hat off my head; I ran a little way after her, and was thrown down; I got up again, and ran a little further, and was thrown down again, and two young fellows kept me down, and then got up and ran away, and I after them, but soon lost sight of them: I call'd, Watch! at the end of the alley: none came: I went to the watch-house, and complain'd to the constable of the watch not coming: a man said, if I would come on the morrow-night, he would go with me to the Thistle and Crown, where bad people resorted: we went accordingly; the landlord said, there were such people had been there, but they were gone. We went out, and saw some young chaps standing; I went and looked at them, and went back, and said, I believed one of them to be one of the persons that stopt me; I went for an officer, and he was gone before I returned; then I went to the Catherine-wheel, and in the skittle-ground I took the other, not the prisoner. I said, If I could have my hat again, I did not care to prosecute: then he took me to the woman thatSusannah Wright took the hat from off my head, and he was the person that threw me down; he wanted to make himself an evidence, but the justice would not admit him: he said the hat was pawned to Mr. Ellis in Abel's Buildings; it was produced, and I swore to it.
Thomas Ellis . I am a pawnbroker: on the 2d of August, a young man that call'd himself Harry Platton , brought this hat and handkerchief, (producing them) and pledged them with me for six shillings; I believe the prisoner to be the person.
Prosecutor. This hat is my property, which was taken off my head that night.
I never saw the prosecutor in my life before he came to me: I never was in Mr. Ellis's shop in my life; it is all false they say against me.
He call'd Mrs. Bishop, a midwife; Richard Bishop , her husband; who liv'd in Catherine-wheel-alley; Robert Powell , a bookbinder, in Shoe Lane; and Edward Dutton , gunsmith in the Minories, his master, to whom he was apprentice, to his character, who spoke well of him till this fact.
Guilty . T .
Q. How long did the prisoner live servant with you?
Stroud. Five months, wanting two or three days: she behaved very well till lately: I trusted her to take money while I and my wife were at market, and I believe she gave a just account, and was a very honest girl for three months; but lately she would not do any thing at all, and behaved very bad; I miss'd money at divers times; the first time I miss'd five guineas, the next four, the next three, and the next two; all in a little time: she used to buy herself things, and used to say she had a rich aunt, that sent her things and money; but I since find they were bought with my money; she has confess'd it all.
Q. Did not you mistrust her, upon your missing money so at times?
Stroud. I did not in the least: I thought my wife had taken it. On the 23d of August, I went to put up a guinea and a half into my bag, and I miss'd two quarter guineas, and either two half guineas, or a guinea, I know not which, and some silver. When I took the prisoner before Justice Cowley, she told us where the key was hid that she opened the lock with; the officer went and found it accordingly: I took her down in the ground, and told her, if she would let me know where my money was, I would let her go about her business; but after that I was frighted by the thief-takers; they threatened me very hard, that they would prosecute me if I did not her.
Q. What was said to her when she confessed?
Stroud. There was no threatning, as I heard.
Q. Was there any thing said of shewing her favour?
Stroud. I cannot say any thing as to that; she own'd every thing, and told me what goods she had bought with my money, and that she had laid out 10 l. 13. 6 d. of my money, and for what. (He mentioned shoes, gowns, stockings, hats, cardinal, necklaces, gold bobs, mittens, buckles, stays, petticoat, bonnet, caps, and shifts, which she owned she had bought and paid for with his money.)
Prosecutor. I should be glad if she could have favour shewed her; she is very young.
I got the money out of the drawer.
Guilty , Death . Recommended.
Ann Osborne , widow , in a certain lodging-room let by contract by the said Ann to the prisoner , & c. July 24 . ++
The prosecutrix acknowledged she had taken the husband's word for the bringing the things back again, and that he was constantly in the room with his wife; notwithstanding which, she took up the woman only.
William Stone . I live in Prince's-street, St. James's : the prisoner came to my shop on the 10th of July. and ask'd for a lodging; he said he was a gentleman come from the East Indies: he lodg'd at my house two nights; he had the use of the dining-room: we observed him to have a pair of stockings of mine on his legs, which he took out of the bureau, and a pair of pumps on his feet, which he took out of a window going up stairs: we desired him to take them off, and give them to us, and we would let him go; he said he would try me for a scandal for taking a gentleman's character away.
I was out of place but a fortnight; I took lodgings in this man's house till I heard of a place. On the Friday night I told his wife my stockings were very dirty, and desired her to wash them against to-morrow; she said she would: I got up in the morning, and ask'd if my stockings were ready; she said, No; but there are stockings up stairs; you may put them on till I get them wash'd: I put them on, and went after a place; the place was gone; and when I came back again, this man said I had stole his stockings, and he pull'd them off my legs.
Q. to Prosecutor. Is your wife here?
Prosecutor. No, she is not.
434. (M.) Elizabeth Sutherland , otherwise Levand , spinster , was indicted for stealing a linen sheet, value 3 s. the property of Edward Belcher , in a certain lodging-room let by contract by the said Edward to the said Elizabeth , Aug. 6 . ++
Edward Belcher . I live in Short's Gardens: the prisoner came to lodge at my house about five weeks before she did this fact, which was on the 6th of August: I let her the lodgings myself for 3 s. 6 d. a-week; the sheet was part of the furniture: she went out, and did not come home: one of my lodgers met with her, and they charg'd each other, and were both in the round house all night: she would not tell where the sheet was when I charg'd her with it, till I took her before Justice Welch: she sent me to twenty pawnbrokers; then Mr. Welch said she should go to Bridewell; at last she said it was at Mr. Stockdale's.
Q. Did you give her liberty to pawn it?
Belcher. No, I did not.
Prosecutor. The pawnbroker at first denied it; and when the justice threatened to send the constable, then he sent the sheet.
Q. to Nash. Did the prisoner give you any directions about this sheet?
Nash. No; only she said it was her own property.
Q. How came you to deny that you had it?
Nash. It is not customary with us to own any thing when people come for them, till we know the right owner?
Q. What did you say to the man?
Nash. I told him to bring the person that pledg'd it, and they should have it.
Court. Whenever a person comes again from a magistrate for things supposed to be stolen, and you deny them, you will richly deserve to stand where that woman does.
The prosecutor gave me leave to pawn it, and a blanket too: we had been together to a gentleman that owned me money; after that, he said he was going to Rotherhithe; I said I wanted to go and get a gown and petticoat out of pawn: said he, if you want money, you may go and pledge a sheet.
Prosecutor. We had been together, and I went to Rotherhithe, and she came home; but I did not give her liberty to pawn it.
Q. Did you know of her pawning a bl anket of your's?
Prosecutor. I did know of that, and I forgave her.
Prisoner. He came to Clerkenwell Bridewell, and wanted me to turn my money over to him,
Prosecutor. I never could write in my life; I know nothing of this letter.
Q. Did you order any letter to be wrote to her?
Prosecutor. No, I never did: she told me she had some money to receive; I said, if she would give me an order to receive it, I'll go and get it for you, and assist you in prison: she would not do any thing: she now owes me above 40 shillings, money lent and for lodging. I told her, if she would agree to that when she got out, she shall have the rest of her money.
Q. Did you never send a paper to her in prison?
Prosecutor. I sent a line or two by a woman.
Prisoner. This is it in my hand.
It was read, to this purport:
"I am sorry you have made such a fool of me
"and yourself too. If you had done as I ask'd,
"you would not have wanted for any thing; but
"if you don't let me know, I will come to-morrow,
"but not to be made a fool of again, as
"before. If you do, all shall be made easy.
"Pray send me word to-morrow or to-night by
Prosecutor. What I sent by the woman was in such a manner.
435. (M.) Ann Killing , spinster , was indicted for stealing one pair of linen drawers, value 1 s. one pair of worsted stockings, value 6 d. and one pair of men's leather pumps, value 2 s. the property of Emanuel Mansfield , July 24 . *
Emanuel Mansfield . I live at one Mr. Scafe's in Baldwin's Gardens . On the 24th of July, my master and mistress were at dinner; I heard somebody in the entry; I went to see, and saw the prisoner going out at the door; I followed her, and turn'd up her cloak, and said, What do you do here? I saw the knee of my drawers; then I brought her back, and she throw'd the things mentioned down into the entry, my property. (Produced in court).
I was almost starved; I had not had a bit of victuals all that day; I am but between twelve and thirteen years of age; I have a poor mother, but she can do nothing for me.
Guilty, 10 d. W .
436. (M.) Richard Rance was indicted for stealing a feather-bed, value 10 s. a bolster, value 1 s. two pillows, value 6 d. and three blankets, value 3 s. the property of Rebecca Holliday , widow , in a certain lodging room let by contract by the said Rebecca to the said Richard , January 18 . ++
Rebecca Holliday . I live in the parish of St. Paul's, Shadwell , and keep a chandler's-shop : the prisoner and his wife took a lodging ready furnished of me about Christmas last; they staid three weeks, all but one day; they were gone on the 17th of January, in the morning. with all the things mentioned in the indictment (mentioning them): I advertised them; they were taken the latter part of July, in the Borough; they were brought to me in a coach; they were taken before a magistrate; the woman was cleared: I never found my things again; I had seen them all safe a little before they went away.
Matthew Rhedoway . I know the prisoner lodg'd in this woman's apartment, and I knew him before that. When they were gone, Mrs. Holliday came and informed me of the robbery: we went to Sir John Fielding 's, and they were advertised; I detected them in the Borough; he went into a public-house; he pretended he did not know me: I mentioned the affair to him; he wanted to go away, by jumping over the table in the public-house; I held him fast, and called for assistance, and took him before Sir John Fielding ; he was committed: I said to him, You had better discover where the things are; he said, she should be d - d before she should have any of the things again.
I never said any such words; they would swear my life away; I am not guilty of any such thing.
He called James Reason of Drury-Lane, Elizabeth Kendrick of Kentish-Town, and Elizabeth Groves of Peckham. The first did not know any thing how he had behaved the last two or three years; the second said he was honest when she knew him, but she had not known him lately; and the third had known nothing of him for three years.
Guilty . T .
John Wellius was indicted for stealing a silk and stuff gown, value 8 s. and a silk clock, value 2 s. 6 d. the property of William Hall , July 23 . *
Eleanor Hall . I am wife to the prosecutor. My door was broke open on the 23d of July, and a silk and stuff gown, and a silk clock and other things, were taken away: I inquired about, and found the gown and clock at a pawnbroker's: after that he went to the pawnbroker's again, and was stopt: I never saw him till I was sent for after he was taken.
Mr. Barnwell. The prisoner pledged this gown and cloak to me on the 23d of July, between seven and eight in the evening, for 6 s. About an hour after, a person came from the prosecutor, and ask'd if I had taken such things in: I said I had: then Mrs. Hall came and owned them: we bid her be still, and we would stop the man that brought them next time he came; and on the 12th of August the prisoner came again to pledge a hat, and we secured him.
I have nothing to say.
Guilty . T .
438. Daniel Hatch was indicted for stealing a sattin waistcoat, value 2 s. two linen shirts, value 2 s. one linen handkerchief, value 3 d. one silk handkerchief, value 3 d. three pair of worsted stockings, one stock, two half-guineas, and 10 s. and one penny in money, numbered , the property of Benjamin Coumbe , July 22 .
The prosecutor did not appear.
The prosecutor did not appear.
Her recognizance was ordered to be escheated.
Robert Goodwright. I am servant to Mrs. Hanmon, she lives at Great Ealing , in Middlesex: my mistress had ten hens, two cocks, six ducks and a drake stolen, on the 13th of September, in the night, out of a place on the side of the yard; (one of the fowls shewn him,) I am sure this is one of the cocks my mistress lost; i know him by his head and his claws; his claws are rotted off, occasioned by a hurt when he was a chicken. I saw three hens and a drake the watchman had.
John Pemberton . I am a watchman in Marybone parish. I carried my rattle to the watch house last Saturday morning, between four and five o'clock, and was going down the road home; there were the prisoner and another man sitting on the King's-head ale-house bench, the corner of Balsover-street; the prisoner had a sack lying upon the bench by him; the other man had a sort of a meal-sack hanging wallet-fashion, over his shoulder; I heard one of them say some thing about St. James's parish: when I came up to them, I said, this is not St. James's Parish, this is Marybone parish. The prisoner said, no master, what we are talking of, is Golden-square, and that is in St. James's parish, and the watchman does not go off there till five o'clock. I said, friend, you seem to be hard loaded this morning; the prisoner said, he was heavy loaded; that he bought it dear, and carried it a great way, having brought it 8 miles. I laid my hand upon the bag, and found that it contained fowls, or something of that sort, that were stolen goods: I went away, with a pretence to go home; they followed me; when they came opposite Argyle Buildings, they crossed over the way; I was a little before them, and turned back. There is a watchman's box at the end of the buildings; I asked the watchman if he had seen them? he said they were just gone by; we ran as fast as we could down Argyle-street: when I came to the top of Great Marlborough-street, I could just see the prisoner; I called to him to stop, he would not; so I told him, if he did not stop, I would set the dog on him. I laid hold of him, and the watchman run after the other, but could not overtake him: we took the prisoner to St. James's watch-house; he made some-resistance by the way, but I told him if he would not go quietly, I would set the dog upon him. The beadle of the watch-house took the fowls out; there were three hens and a cock, three ducks and a drake; the cock that is here produced, is the cock that was in the bag.
Q. How did he say he came by them?
Pemberton. He said, the man that was along with him, gave him a shilling and part of a pot of
I know nothing of it: I went with an acquaintance on Saturday morning last, as far as Kensington Gravel-pits; we were taking our leave of each other. and this man came by, and said, Soldier, are you going to London? if you will take part of my load, I'll give you a shilling and part of a pot of purl, at the first house that is open: I did not know what was in the sack, till it was opened at the round-house.
Guilty . T .
441. (M.) Benjamin Robert Turbot was indicted for stealing a silver cup value 3 l. and seven shillings in money, numbered, the property of George White , in the dwelling-house of the said George, August 20 . +
George White . I keep the Rising-sun, in Vine-street, Covent-Garden . I had been out on the 20th of August, the day the cup was stole; I found my wife crying when I came home, she told me the cup was stole; the cup was kept in a cupboard by the bat: I advertised it the next day; (The cup produced and deposed to): here is my name upon it.
Elizabeth Staples . There was a particular acquaintance of my master's came in, and called for six penny worth of rum and water, which was made him in this cup; I don't know the day of the month, but it was on a Tuesday in August; the cup was kept in a little cupboard in the bar, which is in the tap-room. The prisoner came in, and called for a pint of beer; when the gentleman had drank the liquor, he gave my mistress the cup; I saw her put it into the cupboard, and turn the key, but left it in the lock. I observed the prisoner looked at her the prisoner went away; I asked my mistress if he had paid for his beer? she said, he had. I went into the kitchen to do my work, and in less than five minutes, four men came in, and called for some rum and water: my mistress went to the cupboard for the cup, and it was gone, there had been nobody else in the house beside, from the time the prisoner went.
Q. Is the kitchen in sight of this cupboard?
Staples. No; but I was going backwards and forwards all the time; and if there had been any body else, I am certain I must have seen them: I went immediately to two pawnbrokers, to desire that if it should be brought to them, they would stop it.
Note, The cup was bent in very much on the sides.
Q. to Staples. Was the cup so, when the rum and water was made in it?
Staples. It was not.
Martin. He said he wanted to dispose of the cup. I asked him why he brought it in such a manner, and whether it was his own property? (I meant by its being bruised, and his taking it out of his pocket; as I thought by his appearance he was not master of such a cup) he said it was his own: I asked him his name, and where he lived; he told me his name was Robert Turbot , and that he lodged at Mr. Thomas's, in Drury-lane: I asked him why he came so far to dispose of it, he made no particular answer to that. I asked him what he valued the cup at? he said 5 l. I weighed it, and it came to but 3 l. 10 s. then I had a stronger suspicion that it was not his own, as he did not know the value of it. I told him I would stop the cup: he affirmed it was his property; that his wife and he had sell out, and therefore he was going to sell the cup; and that if I would send my servant to Mr. Thomas's, he would vouch it to be his property. I told him my man was not at home, but that he might send a porter, and if Mr. Thomas, or any reputable man, would vouch it to be his property, I would either return him the cup, or purchase it of him. He went out to fetch somebody for that purpose, but did not return again: the next morning I read it in the Daily Advertiser, only in the paper it is said to be marked with letters on the handle, but the letters are on the belly of the cup. In the afternoon I carried the cup: the prisoner was taken up, and carried before Sir John Fielding , who committed him.
I submit to your Lordship, and the Gentlemen of the Jury's mercy: I am innocent of what they accuse me of; and I hope your Lordship will consider my youth. I have a wife and three children.
For the Prisoner.
- Medley. I keep Medley's coffee-house, in Round-court: I have known him five years or
Q. This carries it into the year 1763: do you know any thing of him since?
Wright. I have heard of his being in different places, but know nothing particular of him; I look upon him to be very sober and just.
John Pearcy . I keep a public house in Wapping; I have often been to see him in his different places, and always heard a very good character of him. He lived in Long-acre, at the Royal Bagnio, which I believe is three years ago: he bore the character of a diligent sober servant, wherever I went to see him.
Guilty . Death .
Jasper Smith . I am a watchmaker , and keep a shop in - Street, near Berkley-square . I was at a neighbour's, next door to my house, and saw my 'prentice run into the street, pursuing the prisoner: he brought him back into the shop: I went in, and saw him endeavouring to take the watch from the prisoner, and in the scuffle, the watch fell to the ground. (The watch produced in court, and deposed to).
William Waddington . I am 'prentice to Mr. Smith. On Saturday, August 24, between the hours of twelve and one, the young lad and two more stood at the window while I was putting a watch together: when I had put it together, I wound it up, and went behind the door where our regulator stands, to time it; a tall genteel young man came into the shop, and stood between the window and me, so that I could not see a great deal of the shop; he took a woman's watch chain out of his pocket, and asked me the value of the chain and seal? I told him the chain was worth very little, as it was not compleat, but the seal might serve himself. Just as I mentioned these words, the prisoner came in as quick as possible, and took this watch out of a drawer that lay upon the board; there were two in the drawer: he went out again immediately: he went to the farther part of the shop, to go to the drawer; he passed by me again to go out, and I pursued him, and took him before he had got a dozen yards. I brought him back into the shop, and asked him what he had got of ours? (I did not see him take the watch, but I was sure he had taken something) he made no answer: I went to search him, and he took it out of his pocket, and threw it upon the ground at about a yard distance. My master saw it upon the floor before I took it up: I took the drawer out not three hours before, for a tool I wanted; the young man stayed in the shop till I came back: we did not know then that he was any confederate with the boy: a neighbour asked him if he knew the prisoner?
Q. Had you any suspicion at that time that the man was concerned with the boys?
Waddington. I had not.
Q. What became of the other two?
Waddington. He that came into the shop about the chain was one of them; the other ran away.
I never saw the watch till it was shewn me by the man in the shop; I live in Liquorpond-street; my father is a mathematical instrument maker; I belonged to St. Giles's free-school; I have left school about nine months, and have drawn beer since at the Blakeney's Head in St. Giles's, and at Dean Swift 's Head, in Drury-lane.
Guilty of stealing, but not privately in the shop . T .
443. (M.) Andrew Horne was indicted for stealing seven dozen of iron chapes for buckles, value 2 s. six dozen iron tongues, and two iron hammers , the property of Benjamin Whitehouse , September 9 . *
Benjamin Whitehouse . I live in Wood's-Close, Clerkenwell , and am a chape-forger . On the 10th of this month, in the morning, I found my shop broke open, and that seven dozen chapes, six dozen tongues, and two hammers were stolen; they are chapes for buckles. I went immediately to the filers of the goods I forged, and to the ironmongers, to desire them if such things were offered for sale, to stop them. They told me at one place that the prisoner had been there, and offered the things for sale, and the man knew him very well: upon hearing this, I went to Hicks's Hall, and took out a warrant; when I came home, I heard
Robert Pierce . I am apprentice to Mr. Hatton, ironmonger, in Barbican: these tongues and chapes were brought to my master's shop by the prisoner; I did not know him before, but I took particular notice of him, on account of Mr. Whitehouse's having been at our house.
This last witness said, when they took me to the ironmonger's, he believed I was the man that brought the things: he said, if I was not the man, I was very much like him. The prosecutor came to me, and told me, I must go along with him: I had a very bad leg, and was just laid down: he said he had lost some chapes, and he had a suspicion I was the man that had stole them. I told him I was very willing to go along with him.
Q. to Pierce. Had you any doubt whether he was the man?
Pierce. I was quite certain of it all along, and so I am now.
For the Prisoner.
John Spittle . I am a buckle-maker. The prisoner worked for me six weeks, or two months, until this affair happened; I did not know him before: he behaved very well, and brought his work duly every night; he had work of mine in hand when this affair happened.
Guilty . T .
Elizabeth Champion . The woman at the bar has used my house seven years; I was above, and heard the cry, Stop them, stop them: I came down, and found the woman was taken, and the man ran away; she used to come in every day, in the morning for a halfpennyworth of gin, and for a pennyworth of beer in the afternoon: that morning she stood groaning under the pots, and the neighbours took pity on her. When I found what she was charged with, I asked her for the key of her door? she said, the door was open: I went there; there were, I believe, twenty publicans at the door; I could not get in for some time: at last when I got in, there were none of my pots: I have lost a great number.
Jane Champion . I heard our little girl, Esther Hickman , say, here is a woman taking the pots off of the shelf; the man at the bar took hold of the girl's hands, and called for a knife, while the woman ran away: then he whip'd out at the back door, and ran away, and I after him out at the fore door.
Q. What did he want the knife for?
J. Champion. I do not know. The girl said there were three pots, and he was taking the fourth: I saw the girl taking them out of the woman's hand. (Three pewter pots produced and deposed to.) These are the three pots: after we got the woman, he came again to see for her, and we secured him.
The prisoners said nothing in their defence.
John Guilty, 10 d. T .
Mary Acquitted .
John Wood . The prisoner came to my shop, on the 7th of September, and asked to see a gold ring. I shewed her one, and while I was reaching for my scales, she snatched one from the card. I stopped her, and took it out of her hand: then she said she was going to shew it to her sister, that was over the way. I said, hussey, you came in with a pretence to buy a ring, and instead of that, you have stole one. She told me her sister lived in Spittal-fields, and her sister's name: (The ring produced in court). I have enquired after the prisoner's character, and find she bears a very good one; and her friends believe it to be her first fact.
Q. Did she seem to be going to run off?
My sister was over the way, at a public-house, and said she wanted to buy a ring; I did not go into the shop with intent to rob him of a pin.
Mary Oldner . I am wife to John Oldner , a Carpenter in Castle-street, Seven-dials . The prisoner is a journeyman baker ; he was at our house on the 26th of August last, with bread, about six in the evening: according to custom, Isabella Nemoe sat in the room with me; he sat down upon a table for some time; I was very earnest at work. Nemoe was call'd out of the room: I was removed from the table: he fell upon me, with one arm before and the other behind, and with that behind me he put the sash down, which was his left hand, and dragg'd me to the bed from my chair: I had not time to say one word: the sash looked into the public street; it was a two pair of stairs room; the curtains to the window were open.
Q. How far was the bed from the chair where you sat?
M. Oldner. The bed was not a yard from the place where I sat, but not in the same room; then he tripp'd up my heels; I fell upon the child's bed-feet: and with the blow hurting my back, I had not power to speak: he confined my hands down to the bed under my head: I lay on the child's bed, rather on my right side; so then he did what he could do: he did not do so much as he would have done; but he gave me the foul disease.
Court. If it is disagreeable to you, you must give the court an account, in as decent words as you can, what he did to you.
M. Oldner. I had a great deal of natural knowledge of his private parts in my body; he put his private part into mine.
Q. Was this without your consent?
M. Oldner. It was; he never ask'd me whether he should or should not.
Q. Did you refuse or resist him?
M. Oldner. I did as much as I could.
Q. What was the consequence of this?
M. Oldner. He did the same as my husband did; a great deal of moisture came from him; afterwards I was so sore I could hardly sit in my chair.
Q. When did you first complain of this usage?
M. Oldner. I complained to Isabella Nemoe immediately; she came to the door, and the door was lock'd and fastened unknown to me.
Q. Who unlock'd it?
M. Oldner. The prisoner did: she finding me full of tears, insisted upon knowing what was the matter, and I told her before his face; said she to him. A heavy curse fall on you: and I said, My curse, and God's curse, fall upon you, for my sake and my family.
Q. How long had he been in the room before this affair?
M. Oldner. I can't tell how long; not above a quarter of an hour. I told her every thing, as he sat in a chair, how he went on with me, and when he was gone, I told her over again.
Q. When did you apply to a magistrate in order to take him up?
M. Oldner. He had told us before, he was going away: the very next day after this affair, Nemoe and I went down to his master's, to enquire for him; he was not at home; we were told he had been gone out with bread about an hour.
Q. When did you go to the Justice for a warrant?
M. Oldner. I went for a warrant a fortnight after.
Q. How many days after the fact committed was it that you told your husband?
M. Oldner. That would have been a fortnight come the Monday night, and I told him the Saturday before.
Q. How came you to tell your husband of it?
M. Oldner. Because my husband found it out: I was very bad, and my husband took it from me; my husband charged me with giving him that distemper.
Q. Did not you tell your husband he gave it you?
M. Oldner. I was afraid of his knowing of it: to my knowledge I did not.
Q. Where did you take the prisoner up?
M. Oldner. In the street near my house.
Q. Before or after you told your husband of it?
M. Oldner. He was taken up the next morning after.
M. Oldner. There is a man and his wife, and three or four children, live in the room over me: the landlord lives in the shop.
Q. How long was he in ravishing you?
M. Oldner. From the beginning to the end it might be a quarter of an hour.
Q. How long was you upon the bed before he entered your body?
M. Oldner. Not many minutes.
Q. Did any body confine your mouth?
M. Oldner. No; I cry'd out as well as ever I could, and desired he would not.
Q. Did you speak mighty civil to him?
M. Oldner. No, I did not; but told him I would not consent to it.
Q. Upon your oath, if this misfortune had not happened to your husband, should you ever have taken notice of this insult upon you?
M. Oldner. Yes, I should have complained; but it would not have been at present; I was ashamed.
448. (M.) Lawrence Neal was indicted for stealing one brass thimble, value one penny, and 14 d. in money, numbered, the property of William Rich , from the person of Sarah his wife , privately , August 22 .
The Prosecutrix did not appear.
No evidence appeared.
The prosecutor not appearing, she was
The recognizance was ordered to be estreated.
451. (M.) Susannah, wife of James Milward , was indicted for stealing four dimity waistcoats, value 2 s. seven china plates, value 5 s. three flat irons, value 6 d. one silk hat, value 6 d. and one china chocolate cup, value one penny , the property of Edward Morgan , July 30 . *
Edward Morgan . I am a carpenter and joyner . I lost four dimity waistcoats, a silk hat, three flat irons, and seven china plates: I can swear to the waistcoats: the prisoner said one Molly Dawson gave her them, and she pawned them in her own name; she brought Molly Dawson to me, and charged her with having taken the things.
Mary Morgan. I lost almost all that I was worth. I had Mary Dawson as a chairwoman; I was two months endeavouring to persuade her to tell me where my things were; I don't believe the prisoner took the things out of my room; when I tax'd Mary Dawson with taking the things, I told her I would enter an action against her; Mary Dawson said, Hold her, she knows of every thing: I was obliged to hold the prisoner, to keep her from falling upon Mary Dawson .
452. (M.) Sarah Cox , alias fisher , spinster , was indicted for stealing 10 guineas, and 4 s. 6 d. in money, numbered, the property of Jane Savage , Spinster , in the dwelling-house of the said Jane , July 12 . ++
Jane Savage . I live at Cranford . About the 10th or 12th of July I received 10 guineas, and 4 s. 6 d. in silver, for some wheat that was carried to the market: I wrapt it up in a piece of paper, and laid it in a private room under some clean linen that was in a room we call the hall; it was not under lock and key, though nobody could see it: I have two men-servants, but it was very seldom any body went into that room but my maid-servant and myself. I went to look for the money, and it was gone: I said, Sarah, I have lost this money, or mislaid it: she lived with me better than three weeks after I miss'd it (I was in hopes she had not been that bad person); she said she never had it: I used to say, Well, Sarah, I can't find the money; and one day I said to her, Suppose, Sarah, I was your servant, what would you think of me? This was on a Tuesday: she gave
John Smith . She owned to me at Battersea that she took the money, and said she intended to have gone home upon the morrow, and acquainted Mr. White with it, the person at whose house she lodged, to have his advice in conducting the money back again. She told me she had left the money in care of a person at Hounslow: I desired her to give me a note for it; she said she would, with all her heart: she accordingly wrote a note to Mr. Sumpter for 10 l. 14 s. she had left in his care; I carried it before the bench of justices; they said they could give no order for the delivery of the money till the girl was tried.
Robert Sumpter . I keep a public house at Hounslow: the prisoner was at my house on the 29th of August, in company with two women; they desired her to leave the money in my hands, it being the close of the evening, least she should be robb'd of it between the two villages: she made no hesitation, but gave it me before three witnesses, who I had called on purpose to observe it; there were ten guineas and a half: she left my house directly, and went towards Brentford: I ask'd her no questions; she signified as much as if her mistress had paid her the money.
Q. to Prosecutrix. Did you mark any of the money, so as to swear to it?
Prosecutrix. I did not; there is more than I lost; I paid her thirty shillings wages.
I never was in such a broil in my life before; I don't know what to say; I have been a very naughty girl for taking the money; I have lived a great while in places, and never wrong'd any body before in my life: the last place I lived at was at Hayes; I lived there four months; I lived before that at Battersea; I lived three years and a half one place; I did not send to any of them.
Guilty . Death .
John Elkin . The prisoner came to me when I was loading cotton at Galley-Key , about a fortnight ago or better; he said he was full of liquor; he said he would help me; he went to sleep upon a bag, as I did not let him help me. I went to get me a pennyworth of beer, and found Henry Barrat pulling the goat's hair out of his breeches: he is not here. Barrat took care of him, and I went to my work (the hair produced in court): this is the same; here is six or seven ounces of it; I found there was a bag had been opened by this man, or two others that were taken before him.
I was in liquor; these men ask'd me to help them to load the carts; I saw some hair on the ground; I trod upon it, and took it up, but do not know that I put it in my breeches.
Guilty . T .
Samuel Turner . I saw the prisoner sitting on a bag, and I went and search'd him, and took the hair mentioned from under his apron; it was loose: he begg'd to be released. I never saw him on the Keys before; he does not work there; he has but one arm.
I saw the stuff lie upon the ground; I took it up.
Guilty . W .
James and Peter Fremoe , August 30 . ++
I pick'd it up.
Elkin. I saw him, as he sat on one bag, pull this hair out of one bag, and put it into his breeches.
Guilty . T .
456. (L.) Moses Hart was indicted, for that he, on the King's high-way, on Theophilus Sawyer did make an assault, putting him in corporal fear and danger of his life, and taking from him one hat, value 5 s. his property , Aug. 13 . ++
Theophilus Sawyer and Philip Rasbourn deposed, they were going down Leadenhall-Street , arm in arm, about ten minutes before ten at night, on the 13th of August; they saw three men walking before them, who called some names of persons, which they could not recollect; but immediately two other men came up, and three got round Sawyer, and two Rasbourn, and immediately knocked them down. Sawyer got from under them in a very little time, and ran away, after he had received three or four blow; the other two ran as soon as Rasbourn was down: he got up and persued, and in about twenty yards took the prisoner, and took a stick from him, which the prisoner said belonged to one Moses Bareau , a thief-taker: That the prisoner wanted to be admitted an evidence against the other four. There was not a word spoke by either before they were knocked down: both lost their hats, but could not say the prisoner or other four took them.
He was Acquitted , but detained to be tried next sessions for an assault upon each.
457, 458. (L.) Joseph Langham and Elias Moring were indicted for stealing one enamelled dial-plate for a watch, value 18 d. five brass wheels to a watch, one pillow-plate, one watch-movement, one main spring, one steel chain, and one oil-stone , the property of John Perkins and Emanuel Spencer , August 19 . ++
John Perkins . I and Emanuel Spencer are partners; we live on Snow-Hill: I am a watch-maker , and sell the various materials that compose a watch, and tools that watch-makers use. Langham was my errand-boy , and lived in the house; Moring was apprentice to a customer that used to come for things to our shop, by which means they contracted an acquaintance. On the 30th of August, his master sent me word he had reason to suspect they had both been concerned in robbing me; that he had seen them both with a considerable sum of money, buying trifles, and some nights before they had spent seven shillings in punch and negus, and Moring had been seen with a movement, which he had made up into a watch for his brother. Upon that I sent for a constable, and charg'd Langham: he immediately confessed he had taken the things mentioned in the indictment, through the persuasion of Moring, and delivered them to him: he was sent to the Compter: the constable that took him there came back and told me he had confess'd to more things than he had to me, going along. After that I took up Moring in Smithfield, and charg'd him with those things; he immediately acknowledged he had taken the movement, and all the other articles mentioned in the indictment, as the other prisoner had done before. We took them before my Lord Mayor; they there confessed the same. Moringsaid the movement was made up into a watch, and his brother had it in his pocket in Long-Lane, and the oil-stone was at his father's: we went there, and found them accordingly (the watch and oil-stone produced in court). I can swear to the oil-stone as my property: the movement goes through so many alterations in finishing, I cannot take upon me to swear to that. Moring confess'd the main spring and chain were put in the watch (they are no part of the movement).
The constable produced the watch and oil-stone, and deposed he found them as the prosecutor had related.
This lad came to our shop before my master was up, and persuaded me to give him a movement.
He called Henry Radbourn , David Webster , William Wicks , John Shakeshalf , John Howard , William Bradshaw , and Thomas Wild , who gave an account he was about 14 years of age, and they never knew any ill of him till this affair.
I have some witnesses here.
John Bumpas , George Harrison , James Stevenson , Thomas House , Josiah Carmon , Thomas Bateman and Mary Revil , to whom he was an apprentice, and wanted but about three weeks to serve: they all gave him a good character, exclusive of this.
Both Guilty . T .
Mary Clark . The prisoner at the bar lived servant with Mr. Fisher, an attorney at law in the Minories, about four months: I went to Mr. Fisher's on the 25th of August; I was told the servant was taken very ill; I am a relation of Mr. Fisher's; they sent for me; the prisoner's sister was there shutting up the windows; she seemed to be in a great confusion; I ask'd her what was the matter with her sister; she said she had been very bad, but was then better; then one of the women came that was to wash the next morning, had the maid been well; but as she was ill, they could not wash: the woman said there was a child, she was certain; I did not know what they meant; I had no suspicion; Mrs. Davis took a stick, and went to the necessary, and put it down, and said, there it was; I said, For God's sake send for a midwife; they sent for Mr. Complin, who came immediately; he went up stairs to Maria: I had not seen the prisoner, but I saw the child taken out of the necessary by Mrs. Davis's husband: Mr. Complin came down; this was before the child was found; and after it was found, he was sent for a second time; he ordered it to be wash'd; I saw it afterwards; it was a male child; there appeared no marks of violence upon it; it was a fine baby.
Q. Have you had children?
M. Clark. I have.
Q. Did it appear to have come to its full birth?
M. Clark. It did; the prisoner appeared always to me to be a very clever, decent person; I never suspected her.
Elizabeth Davis . I have known the prisoner about five months; she lived all that time at Mr. Fisher's. Miss Shoreditch, Mr. Fisher's niece, sent for me about nine o'clock on Sunday night, the 25th of August; I went; she told me the prisoner was taken very bad, and I must sit up with her all night; I went up immediately to her bedside, and said, Maria, how do you do? she said she was much better, and much easier: I ask'd her if I should get her any thing; her sister made answer, she was going to get her something; I told her I was sent for to sit up with her all night; she told me I had no occasion for that, for she should; I came down stairs, and her sister with me; her sister carried her something up; after that the sister came down, and said she would go home and ask her master to let her sit up all night, and desired nobody to go up stairs, for Maria was much easier, and believed she would go to sleep. While her sister was gone, Mr. Complin was sent for by Mr. Fisher's niece; he went up to her, came down again, and said he saw nothing at all; that if she had had any thing, she denied it; then there was orders given to search the house. I, Martha Sharpham , and Mrs. Clark's maid, who is not here, went up stairs, and first went into Mrs. Fisher's room; we saw the floor sadly daubed over with blood at the foot of the bed.
Q. Have you ever had a child?
E. Davis. I am a married woman, but never had a child, nor was ever with any at a labour. We came down stairs, and told them what we saw, but could find nothing at all; then they desired us to look out backwards; we opened the back-door; there was the track of blood from the back-door to the necessary; I had a long stick; I put it down the necessary, and drew the child up; I fetch'd my husband, and he took it out; Mr. Complin was sent for again, and he went up to her.
Q. Can you tell which way the track went, whether from the back-door to the necessary, or from the necessary to the back-door?
E. Davis. I cannot.
Martha Sharpham . I knew the prisoner four months at Mr. Fisher's; the maid was so very bad, she could not wash; I wash'd for Mr. Fisher every month; I went that night a little before dark, time enough to have filled my tubs and copper; I saw Maria walking about in the kitchen, and her sister with her; she had her hands by her sides; she was not very well; her sister said she had got the piles; I saw some stuff in a pot on the dresser; then I went away for an hour. When I returned, the house was all in a confusion; she was gone to bed; Mrs. Clark was there; I went down into the kitchen, and they up stairs; I staid till Mrs. Davis and the sister came down; I said, What is the matter? I found they had seen some marks upon the stones in the yard. (I had had a mistrust she was with child two months before).
Q. Did you ever tell her of it?
Q. Have you had children?
M. Sharpham. I have.
Q. Did it appear to have come to its full birth?
M. Sharpham. It did.
Q. Did you see any marks of violence upon it?
M. Sharpham. No, I did not.
Q. Did you examine it?
Mr. Sharpham. I did.
Q. Have you ever seen any still-born children?
M. Sharpham. I have.
Q. Can you say it was a still-born child?
Mr. Sharpham. I cannot; it was not quite cold; from thence is all my suspicion; it was the proper warmth of flesh and blood, I think. Towards the morning. I said to the prisoner, there was a fine baby below; she said nothing to it.
Q. Did you examine her linen and sheets?
M. Sharpham. I did; they appeared like that of a woman brought to bed, stained in that manner.
Q. Did you hear the prisoner say any thing after this?
M. Sharpham. She said it was too late to repent, she could not call it back: she was sorry for it.
Q. Where do you imagine she was delivered?
Mr. Sharpham. We imagined she was delivered in her mistress's room.
Q. Don't sometimes pains of a woman in labour come upon them when they can't help themselves?
M. Sharpham. Yes, sometimes.
Q. Suppose a pain should take them when on the necessary, can they help themselves?
M. Sharpham. I don't suppose they could.
Q. Was the woman perfectly delivered at the time you saw her?
M. Sharpham. She was not; there was something came from her a great while after.
Q. Might not the violence of her pains discharge the child while she was sitting on the vault?
M. Sharpham. It might.
Q. When you say she said she was sorry for what she had done, might not that be applied to letting a man get her with child?
M. Sharpham. That might be the case.
William Complin . I am a surgeon and man-midwife. I was sent for to Mr. Fisher's on the 25th of August, a little after nine o'clock; Mrs. Clark told me she believed there had been an unlucky accident; the maid had miscarried; that her sister had emptied something down the necessary; I said, I would go up and speak to her: I went up, and said, Maria, what is the matter with you? she said, I am better than I was: I said, I heard that you had something came from you; that you had miscarried: No, said she, I have not: I have been out of order two months, and now there has been rather too great a quantity than what naturally is: I asked her if I could do any thing for her; she said, No. I had another patient waiting for me; I went down, and said they must search the necessary house, and if they found any thing, they must send for me again: I went away, and about eleven o'clock they came and told me the child was found, and desired I would come directly. When I came, the child was lying on the ground, taken out of the necessary: I desired them to wash it, and bring it into the parlour; then I sent for Maria's sister down stairs, who was up with Maria: I asked what that was that she heaved down the necessary; she said it was water; I went up again to Maria, and asked her if she had not been brought to bed; she denied it; I said, You have no occasion to deny it now, for there was a child found that had not long been born; she still said it was not her's; I said, Considering the condition you are in, every body is convinced it is your's; then the lay still, and made no answer at all: I went down, and looked at the child, and found no marks of violence upon it: I told them they must let somebody take care of her that night, and I would come again in the morning: and I dar'd say every thing would come out: when I went in the morning. they shewed me what had come from her since I went away; then, upon my charging her with having had a child, she owned it; then I went away. I was ordered by the coroner the next evening, to open the body in the presence of another surgeon. We tried the usual experiment to know whether the child was born alive, that is, upon the lungs; if the lungs have imbibed the air. if the child has breathed, they will swim upon the surface of the water; if not, they will sink: we gave it as our opinion, that the child had breathed.
N. B. The LAST PART of these PROCEEDINGS will be published in a few days.
NUMBER VII. PART II, for the YEAR 1765.
Sold by W. NICOLL, in St. Paul's Church-yard.
King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, & c.
Q. IF the child was born alive, and thrown into the little house, and drowned there, will the lungs always swim?
Complin. Yes; if it was killed any way they would swim; besides, the soil was thick and stiff, and none of the water or nastiness was in its stomach; some might get up its nose.
Q. How do you apprehend it was killed?
Complin. It appeared to me it was stifled in the necessary.
Q. Do not you think such a child as that might make a great noise, in being brought down stairs, if it was born alive?
Complin. I think it might.
Counsel. Then this experiment is entirely from the inflation of the lungs?
Complin. It is.
Q. Suppose the child's head was to come into the open air, don't you think the child's lungs would be instantly inflated?
Complin. Yes, if it gives but two gasps; if it cries, the child was born alive.
Q. If a woman be upon the necessary, and was delivered there, in the agonies that come near the critical time, can she help herself?
Complin. No, she cannot; she then requires all the help they can. Sometimes twenty minutes is taken up in the delivery of a woman. In the course of that time, the head of the child being discharged from the mother, when the mouth is in the open air, then the inflation commences: when the child opens its mouth, and the lungs are once inflated, they never afterwards become dense, till some time after death.
Q. Might not that accident happen to a woman that finds pains upon her different from what she may think the pains of labour, and be taken in labour on the necessary, and be delivered of a child?
Complin. Yes, that may be the case.
Q. May not a child falling in the soil have the same appearance as this child?
Q. to Sharpham. Did you see the after-burden?
I was taken very ill, I went out into the yard; Mrs. Davis promised to come to me, and never came nigh me; I had occasion to go to the necessary, and the child dropped from me there.
For the prisoner.
Mary Donnival . I have known the prisoner three years. I had some child bed linen that was my mother's; and I live with Mrs. Hucherson. I had lent them to her, and she said I might have them when I pleased to come for them. The prisoner came one time to see me; I thought she was with child; I said, I fancy you have stole a wedding; she said, When you see Mrs. Hucherson, I should be obliged to you, if you will get your child-bed linen. The last time she asked about it was the Sunday fortnight before she was delivered: the first time was three months before she was delivered.
Q. Did she tell you she was with child?
M. Donnival. No, she did not.
Mary Hucherson . I live in Lemon-street. The last witness was my servant, in August; ( Maria Jenkins had lived with me). Donnival made application to me about some child-bed linen belonging to her, that was her mother's. I don't know who she wanted it for. Maria was very fond of my child, when she lived with me.
Elizabeth Jasper , Catherine Hagers , Mary Hess , Ruth Beck , Elizabeth Walker , Frances Egars , John Garth , Joseph Hess , Andrew Neese , John Arney , and Kesia Allen , all gave her a good character, and one that was very fond of young children.
Guilty . Death .
John Davis . I live at Hooley in Surrey. On the 21st of February the prisoner met me in Holbourn, and asked me if I wanted a place; that a gentleman's man had broke his leg; that he had put him in the hospital, and wanted another man, and said, that, if I would go, he would take me to the gentleman. He took me to the Two Blue Posts in Holbourn , and said he must stop there, for the gentleman, or his kinsman, were to be there. He went in and call'd for half a pint of wine: he said the gentleman's kinsman was to meet him there: he gave me a glass, and the kinsman came in, and began talking about tossing up, and how they came on the night before: he said he had lost six-and-twenty at tossing up with the butcher; he did not mention of what: the prisoner wanted him to toss up again; he said, I had very bad luck last night, and I can't toss up again; but however, he tossed with him for a guinea; they put a halfpenny under a hat, and tossed at what they call the best two in three; the prisoner got the guinea of him; the other pulled out a large purse, which seem'd full of money, and paid the guinea immediately; he went out, and said he had very bad luck; the prisoner wanted me to go his halves; he said it was only venturing, there was no danger but that I should get money; you see, says he, I get money; so I agreed, that if he won, he should give me six-pence, and if he lost, I would give him six-pence; the man came in again; they tossed; the prisoner won, and gave me six-pence; the other man went out again, and said he had bad luck; the prisoner wanted me to go more; he said, If you come to London. you must not mind a trifle; what is sixpence? you might as well get more as that; I had two guineas and a half, and nine shillings in silver; I put my hand into my pocket, and took my money out to see what silver I had; he said, Young man, that is just right, we will toss him for five pounds when he comes in again, we shall be sure to win, and put his hand upon mine: I said, that is all the money I have; I will not go all that; says he, You will be sure to win as much more; I did not consent to it; he took the money out of my hand; the man came in; they tossed up, and he said it is all gone, Davis: as soon as it was lost, the landlord came into the room, and said, Gentlemen, I understand you are gaming, and I beg you will go out of the house: the prisoner said, Come along, countryman, I'll lend you a guinea. and help you to a good place: they ran into Cursitor street, and said they would go to another house, and I should have the money again; but I lost them.
Q. Did you put the money on the board?
Davis. It was in my hand, and he took my hand and held it, and kept talking to me all the while, that I should have the money again.
Davis. No; he came in afterwards, and then the prisoner said he would toss with him for ten pounds; I said nothing; I was frightened, and did not know what to do; and it was all done in so little a time: I described them to a shoemaker at the Rose-Tavern in Cursitor-street, who gave me their names; Justice Fielding granted me a warrant, and I took them up.
I was coming up Holbourn; looking at the register-office, this man was there, and said there was nothing that would suit him; he wanted a place to look after a couple of horses; he asked me the way to Red Lion-Square; I told him I was going that way as far as the Blue Posts: we went there; I wish'd him a good night; he said, You have been very civil, Sir, and if you will take share of a pot of beer, you are welcome; I told him, I believed they did not sell beer there; but I was just going to have a glass of wine: I was just taking my leave of him, and in he came; I said. Now I will show you the readiest way to Red-Lion-Square: I was going to the door; my friend said to me, I shall not detain you long, if you will stay, and then you may shew the young man. I did not imagine I was going to gaming: the night before, I had been in his company, and he had lost some money; I had gone the young man's halves that won it of him; then he said, I was loser last night, and if you have a mind to give me a chance, I will toss now; he would not toss, unless I tossed for ten pounds: I told him I would not do that, without he would give me some odds; if you'll lay you guess three times out of four, I will lay you: the countryman said it was ten to one that no man could name three times out of four what a half-penny was; he pulled out all his money and laid it on the table, and his money and mine made eight or nine pounds, and we lost it. As I was lamentin g my ill luck, the landlord hearing me say it was unfortunate, he asked what was the matter; and said, Gentleman, I hope you have not been gaming; for he would not allow of it; the young fellow paid the reckoning: we went to the Rose in Cursitor-street; when we came there, the young fellow was not there: I told him he might find me at Mr. Jones's, opposite Sir John Fielding 's, where I lived. The first salutation I met with, was he and one of Sir John Fielding 's men, with a warrant to take me up for playing at an unlawful game, for which he indicted me at Hicks's Hall: I had been committed, and was obliged to get bail: I have been in the Compter two months, for winning this money at an unlawful game, and now he swears a robbery: he swore that I cheated him out of it; but I did not take it forcibly away. I can produce copies of my commitment: this man, knowing I have friends, is led on to extort money from me. He offered to make it up for a guinea and a half, which I sent by one of Mr. Fielding's men; then he said, he would not make it up under the whole money.
Q. to Prosecutor. Where was the landlord?
Prosecutor. He was in another room; when he came in, the prisoner said, Come along, we must not stay here, and paid three-pence more than his reckoning.
Q. How came you to indict him for winning your money?
Prosecutor. He told me then that he had won it fairly.
Q. Did you play with him?
Prosecutor. No: says he, Countryman, put your money under the hat; then he said, D - n you, I have lost it all.
Q. What was call'd?
Prosecutor. I don't know whether it was heads or tails; but he said, It is all lost, Davey; don't grieve, I will lend you a guinea, and then he lost me.
Acquitted of the robbery, and detained to be tried for a misdemeanor .
Richard Neale . On the 18th of July, about six in the afternoon, I was going up Ludgate-hill ; I happened to stand at a picture shop, looking at a particular picture; the prisoner came there near me; I felt a rustling about my pocket; I put my hand in my pocket, and miss'd my handkerchief; I observed the prisoner very busy about his apron; he was close to me, behind me; then he got before me, and stood and looked at the pictures; a person said to him, Your brother wants you: he went away towards Fleet Market: I followed him; he came up Fleet Lane; there I accused him with having my handkerchief; he said he had not got it; I desired him to go into a house to be searched; he said he would; there was a door open; I said, Go in here: No, said he, I'll be searched in the street: and swore what he would do to me, if I did not
I did not throw the handkerchief there.
He called Thomas Milbourn , a house-painter, in Shoreditch, who had known him from a child; Robert Hays . a cabinet maker, in Cow-cross, who had known him seven years, with whom the prisoner had worked journey-work; Robert Bail , a clock case maker, who had known him eight or nine years; and William Beman, a whitesmith, in Sharp's alley, who had known him seven or eight years, and all gave him a good character.
Guilty . T .
See him tried, cast, and branded, No. 301. in this mayoralty.
462, 463, 464, 465, 466. (M.) William Till , William Davis , Henry Palmerston , Thomas Erkenn * a second time, and John Simmonds , were indicted for stealing, in company with William Daniel , and William Lebat , (not taken) fourteen gold rings, value 2 l. and six pair of silver clasps for shoes, the property of Joseph Fisher , privately, in the shop of the said Joseph . August 17 . ++
* See Erkenn tried, No. 427.
Joseph Fisher . I am a goldsmith and jeweller, and live in Leicester-fields . As I was standing in my shop, on the 17th of August, about 9 o'clock in the evening, I heard a rattling in the shew-glass, and bid my servant see what it was: he ran to the door, and we perceived the shew-glass was drawn up a considerable heighth; they had lifted the drawer up, and drawn the board of rings out: they drop'd about twenty rings in the shew-glass, and I lost fourteen or fifteen: they took the board away. I secured the shew-glass, and looked after the thieves, but could find nothing of them: there was also a box of silver clasps for shoes, and buttons and studs, and such things that were taken away. On the Tuesday following, Millar came to my house, and said, Sir, you was robbed on Saturday last: if you will get a proper officer, and come with me, I will shew you the thieves, and you may take some of the things on them; he told me he was one concerned in the robbery. I got an officer, and we went into a public-house to get some more help, as Millar told us there were eight concerned in the robbery. I desired him to set their names down, which he did. After we had got a watchman, and two or three others, we went into a house in the Coach yard, St. Giles's: Millar went in first; the constable, myself, and another followed: there was a man; he said, this is one of them, his name is William Davis . He immediately imagined Millar had trepann'd them, and he said, since Millar has impeached me, I will tell you of all the rest. I said, I wish you would, I will be as favourable to you as I can: accordingly we took Davis to St. Ann's Round-house, and Millar to St. Giles's, that they might not be together. Davis told me there were eight concerned in the robbery, and gave me the same names as Millar had done, which were John Simmonds , William Davis , William Till , Thomas Erkenn , which he gave me by the name of Tom the footman, and Henry Palmerston ; there were William Daniel and William Lebat , that are not yet taken, these made up the eight. When we carried Davis to the Round-house, he seemed very much vexed that Millar had used him in that manner, and said he would give me an account of all the rest. I said, if you will any way assist in taking them, I will endeavour to be as favourable to you as possible: we went into another house in St. Giles's, and there found the boy Henry Palmerston ; we took him to the Round-house, and Davis said he could tell us where two of the rings were: we went, and Davis got in at a window, and brought out two rings, which were delivered to me. John Simmonds was in bed with a girl, in one room; and as we were breaking open the door, he jumped out at the window, naked as he was: Davis said, this is Simmonds, and the girl acknowledged it was; so we carried his cloaths to the Round-house. I was informed two or three days afterwards, that he was in custody: Till was in prison before Millar came to me. We went in pursuit of them to several houses, and took Simmonds three or four days afterwards: then I was sent for, and bound over to prosecute. There was a chimney-sweeper said, he
Q. from Davis. He says I had two gold rings; Whether I had or no?
Fisher. He said I can tell you where two gold rings are: he took me to the house where they were; I think they said they took down a lath out of the cicling to get at them.
John Millar . William Daniel , William Lebat , and myself, were pulling Mr. Fisher's shew-glass out: while we were doing this, up came John Simmonds , William Davis , Harry Palmerston , Thomas Erkenn , which we call Tom the footman, and William Till ; they seeing what we were doing, they stayed and helped us. I lifted up the shew-glass, and took out the box with clasps and buttons; William Till came behind me, put his hand in, and took out a card of Mocho buttons; I went and laid the box down by the iron bars, and came back, and saw them very busy: I went back to the box, and took the buttons out of the box, and put them in my pocket. When I came back again, Tom the footman was taking the rings out of the shew-glass, and Simmonds was holding the thing up: when they had got the rings, they run off as hard as they could; they ran against a woman, and dropped one or two of the rings, which I heard was found that night. I took Lebat and Daniel (who are not yet taken) into my room, and we shared the buttons and studs equally together: they went both away. The next morning I went to the Coach-yard, St. Giles's; the woman's name who keeps the house is Ayres: I found there William Davis , Tom the footman, William Till , John Simmonds , and Harry Palmerstone . This Mrs. Ayres came in with the rings; she took a brass ring from off her finger, and changed for one of the gold ones: she had carried them to sell, and they said they were not gold, so she brought them back again, and Harry Palmerstone believing they were not gold, offered two of the rings for Half a Crown, which I gave him for them; we had each two rings apiece, and then there were four that could not be divided, because there were five in the gang, so we agreed to sell them, and divide the money: Davis went to sell them, and he happened to shew the brass ring to a woman, who he told us lived in Thieving-lane; and she said, Don't make a fool of me, that have made fools of thousands; he offered to shew her the others, but she would not see them. I went away, and gave the rings to my wife to sell; she got 7 s. 6 d. for them: I also gave her the studs and buttons; she got for some 2 s. 6 d. for some 2 s. and for some 18 d. not knowing they were stolen. The robbery was done on Saturday night, between the hours of nine and ten; and on the Tuesday I made the discovery to Mr. Fisher. My reason for going to Mr. Fisher was, I had been taken up, and put in prison, on false reports; and as no indictment could be found against me, I was cleared. I surrendered myself up, to get from the gang, and get my bread honestly, that was my only reason.
Q. Did you never see these people after that morning you was with them at the Coach-yard?
Millar. No, I did not, till they came into my room.
Q. As it was but about three days from the time of the robbery, to your making the discovery to Mr. Fisher, what passed in that time?
Q. How long was it after Till was taken up, that you went to Mr. Fisher?
Millar. I believe it was about two days after he was taken up; a very short time after the robbery. When I surrendered, I was put in St. Giles's Round-house: I was out several times, for taking the prisoners, and one night the constable left me, and I went to the Round-house myself, at ten o' clock at night.
Sarah Millar . I am wife to John Millar . Tom the footman and William Davis brought two rings to me, in my apartment, to know if they were gold? I told them I thought they were. About a week before this affair, I saw William Till and my husband sharing money, but upon what occasion, I don't know: my husband had two rings, which he said he bought: I sold them for 7 s. 6 d.
Q. What trade is your husband?
S. Millar. He is a smith.
Q. Did you know any thing of any buttons and clasps?
S. Millar. I sold them; they were children's clasps and buttons.
Q. Do you know any thing of the other prisoners?
S. Millar. He was abroad, and a man came home with him I had never seen before, and a boy. which I believe is Palmerston.
Q. Do you know what they were about when they came home?
S. Millar. I do not.
Q. from Davis. Whether she saw me that night or the next day?
S. Millar. I saw him the very night they were taken up.
Lacy Henry . I keep a silversmith's shop, in Tothill-street, Westminster. Millar came to me, on the 19th or 20th of August, with a man and a boy; they offered two gold rings for sale; I weighed them, and they came to 6 s. I did not look in their faces that brought the rings, but it was Tom the footman, I think by his face: Millar came next day, and shewed me some clasps; I said I would have nothing to do with them, as I suspected they were not honestly come by.
Q. to Millar. What were Davis and Palmerston doing the time of the robbery?
Millar. They were keeping the people at a Wheelbarrow in discourse.
What the evidence says against me, I know no more of than the child unborn.
The night this affair was done, I was at home; and all that day and the day before bad with an ague and fever, not being able to get out of bed; when I was taken, I was so bad I could hardly stand: the prosecutor knows what a condition I was in.
Prosecutor. He was certainly very ill when I took him.
I am between 13 and 14 years old: I was coming out of the Opera, in the Haymarket, with my link in my hand; I saw two rings lying, I took and put them in my pocket: the next morning Millar came up to our house, and gave me half a crown for them; he gave them to his wife, as he told me.
I know nothing of the affair: my friends live in the country, and I have been in London but a little while.
I never saw any of the rings, or Millar, before in my life.
All guilty of stealing, but not privately in the shop . T .
Elizabeth Gibson . I am a pewterer , in partnership with Mrs. Ann Smith , and live in the Minories. I was sent for to the King's-arms alehouse, in Bishopsgate church-yard; they had got a bag of rough cast metal, that was left under a turner's stall: the person that keeps the alehouse, had sent for his pewterer, who sent for another pewterer, Mr. Fashion, in Bishopsgate-street, who knew they were our make, and sent for me: the prisoner was there when I was sent for; I knew they were ours: the prisoner said he took them out of a cellar. he turned a wheel for me four or five months. There is a particular mark on the mould, by which I know them. (The pewter produced in court, and deposed to by Prosecutrix).
Joshua Sudgen . I keep a public-house, near Bishopsgate church-yard. This day three weeks in the morning, (there is a stable-yard close by my house) the men doing their business in the morning saw this bag of pewter hid under a shed, that is adjoining to my house, and desired me to take care of it, for the person that put it there, would certainly come to look for it again. I went to Mr. Fashion's, in Bishopsgate-street, that I deal with for my pots; he said they were stolen, and desired me to stop the person: the prisoner came
Q. Did he say what was in the bag?
Sudgen. He said it was some metal. I said, if you will call in the afternoon, I'll make enquiry of the men in the yard about it: he made slight of it, and said, if it was gone, he did not suppose he should hear of it any more: he came again on the Monday morning, and called for a pennyworth of beer.
Q. Was he sober?
Sudgen. He appeared so. He asked me if I had heard any thing of his sack? I told him, I had, and if he would set down, I would enquire in the yard for the man that found it. I went and fetch'd Mr. Fashion to my house, and then I brought the bag out of my cellar to the prisoner, and asked him if every thing was right? he turned it out upon the table before Mr. Fashion, and said all was very right, all was there that he had left. Mr. Fashion asked him how he came by it? he said he bought it of a man in Spittal-fields. He asked him if he knew the man he bought it of? he said he did not. Mr. Fashion sent for a pewterer in Goodman's-fields, who said they were Mrs. Gibson's moulds.
I was not sober when I said I took them; I was along with Capt. Jackson, and crack'd my skull, so that if I drink two or three pennyworths of beer; it makes me drunk.
Q. to Prosecutrix. Was he sober?
Prosecutrix. It was about nine o'clock in the morning, I think he was very sober.
Guilty . T .
I met with a man near Clapton with a great coat; he asked me 18 s. for it: I bid him 12 and bought it for 14 s. I live in Kingsland-road, and buy and sell old cloaths.
Guilty . T .
Mary Chaloner . Mr. George Scrivener is my master; he lives in the Inner Temple . This day fortnight I being in the back chamber, the looking glass was in the first room upon the stairs, where I heard a person come in and go out again, but did not see him: my master came in, and looked out at a window, and saw the prisoner go down the lane with a looking-glass. I ran down, and took the glass from him in Garden-court; I never saw the prisoner before, to my knowledge: the glass is my master's property, and used to hang over a desk in the first room.
Guilty . T .
Adrian Eastwick . I am a silversmith , and live in Beach lane . The prisoner worked journey-work for me, in my house; he had a quantity of thimbles in hand, which he had not finished; and he not coming to his work, I went to the house of Mr. Lord, where he lodged, to see for him: Mr. Lord told me he was removed from his apartment, and gone to Change-court, behind Exeter-Change. I went with Mr. Lord there; then the prisoner said he would come to work: he come same days about 12 o'clock, and would go away at five: Mr. Lord asked me whether I ever gave the prisoner leave to sell thimbles for me? I told him I had not. He delivered me three out of his pocket, and said he had sold five; that the whole eight he had of the prisoner at the bar. Last Saturday was
John Lord . I had a young woman came to dine with me one Sunday, who was an acquaintance of the prisoner's; he made her a present of a silver thimble, and she left it with me to have her name engraved on it: I shewed it my shop-mate, and he wanted another for his daughter. I asked the prisoner for another, and he pulled eight out of his pocket, and left them with me to sell: I sold five for him, at eighteen-pence each, and gave him the money, and when I found the prosecutor had not delivered them to the prisoner to sell, I returned the other three to him.
Please to ask the prosecutor whether ever he trusted me to sell thimbles for him.
Prosecutor to the Question. I once trusted him with some metal ones, badly gilded, which I have still by me; but I never did trust him with any other.
Guilty . T .
Edward Woodhouse . I live at Shepherd's-bush . On the 14th of July, in the morning, I miss'd the cocks, ducks, and pigeons mentioned in the indictment: by enquiring about, I was directed to St. Giles's Round-house, by the Turnpike-man, where I found the prisoner in confinement, and my poultry.
William Litchfield . I was coming from Kensington about three in the morning, on the 14th of July, and saw two men under the Park-wall, about an hundred yards distant; the other man ran away: the prisoner came to me, and said he was troubled with the gripes, and wanted me to let him have some milk; I having no measure with me, could not let him have any. He went to the other end of the dunghill to case himself; I had seen him put two baskets down: he walked farther off, I went and saw there were eight ducks, seven pigeons, and two cocks in the baskets; I took the baskets from where he had hid them, and carried them into the middle of the road. I sent a boy for my fellow-servant; the prisoner stood and peeped, to see what I did with them: when my fellow-servant came, he ran away, and we after him, took him, and brought him back, and secured him.
As to the things I am innocent; I saw them in the road; I went by them, and picked them up; I thought I had as much right to pick them up as another man: I had been about half a mile out farther that morning, to take a walk; I am a soldier.
Guilty of stealing the cocks and ducks . T .
472. (M.) Elizabeth, wife of John Turpin , was indicated for stealing one linen shift, value 3 s. the property of Lucy Cooper , spinster ; and four linen napkins , the property of George Caldwell , June 19 . +
Sarah Caldwell . I live in Gardner's-lane, Petty France , and am a washerwoman; the prisoner iron'd for me three years, on and off: I wash for Lucy Cooper . Twelve weeks ago last Saturday, I lost one of her shifts; I charged the prisoner with taking it, and her husband went and fetched it out of pawn; (produced in court and deposed to, as the property of Lucy Cooper ); the husband has been forbid our house this nine weeks. We found my four napkins in her apartment; they might be lost when her husband used to come backwards and forwards; she is a very hard working woman, and has a great family.
Q. What money was taken out of the till?
Kirkland. I am certain there was not less than half a guinea lost in silver; I believe there was more.
Edward Mackrell . When I went into the prosecutor's shop to take the money out of the till, I took it out, and gave them the money at the door; there were 10 s. 6 d. of it; I had 4 s. 6 d. of it. we went out that day all together to rob any shop we could.
I know nothing at all of what he swears against me: I am a gentleman's servant, and have been out of place four or five months; I did live with Mr. Pennyman, near Middle-Row, and with Mr. Day, the King's taylor.
I was bound apprentice to a weaver, and have been sick a long time.
Both Guilty . T .
See Mackrell an evidence, No. 64. in this Mayoralty; and Parker tried, and Gammon evidence against him, No. 135. and Parker evidence against Gammon and others, No. 309, 310, 311, 312.
475, 476, 477. (M.) James Munden , and Elizabeth his wife , and Elizabeth, wife of William Landen , were indicted, together with William Landen and Thomas Gosling , not taken, for that they, on the 26th of January , about the hour of one in the night, the dwelling-house of William Shaw did break and enter, and stole three looking-glasses, value 12 s. one feather-bed, value 2 l. one stock-bed, value 12 s. one bolster, value 2 s. three copper tea-kettles, two mahogony tea-chests, four iron candlesticks, one horse pistol, and five pair of worsted damask curtains, the property of the said William, in his dwelling-house . +
At the request of the prisoner's, the witnesses were examined apart.
William Shaw . I keep a broker's shop in Bunhill-Row . When I got up on the 26th of January last, my servants, Sutton and Holmes, told me they found my shop broke open: we miss'd the goods mentioned in the indictment (mentioning them), and many other things: I went to Justice Fielding, and got them advertised, but heard nothing of them till about four months after; then one Mrs. Paddock sent for me, and said she belived she could inform me where my goods were. This was the last day of last sessions. It being pretty late that Saturday night, we went on the Monday Morning; she had told me, a poor woman that lived in the house where Munden lives, could inform me where they were gone to pawn. About six o'clock on the Monday morning, the constable, one of my servants, and I, went to Munden's house in Crow-alley, Whitecross-street; we took him and his wife to Bridewell; he sent for his sister, Elizabeth Landen ; we took her in custody likewise: we got a search-warrant, and at Mr. Warner's, a pawnbroker in Red-Lion Market-place, we found a horse pistol and looking-glass, my property; at Mr. Allen's in White-cross-street we found a copper tea-kettle, my property; and at Mr. West's, in Goswell-street, we found a feather bed: the man at the bar told me that was pledg'd there in an old dirty sheet; we found it so; then we went to Landen's house, in a court in Golden-lane; there we found a pottage-pot and cover, my property (that is not in the indictment). I saw a tea-chest and other things, that I believe to be mine, there: we took the prisoner up to Hicks's-Hall; they were committed for farther examination, the man to Bridewell, the others to New Prison. When Munden was got to Bridewell, he turned back to give evidence against his accomplice: he told the Justice, if he might be admitted evidence, he would divulge his accomplices; he was told, very likely he might be admitted, but did not promise him. He wanted to impeach Thomas Gosling and William Landen ; he said they were concerned with him in breaking open my house, and taking the things away; that they opened the door with a pick-axe. My door was wrenched open by the means of some iron instrument; two bolts were wrenched off; and another door between the kitchen and shop was broke open.
William West deposed, he took in a feather-bed of the woman, Munden's wife, on the 13th of February.
Robert Allen deposed, his wife, that was then very ill, and could not attend, took in a copper tea-kettle of the woman Landen, who went then by the name of Newell.
William Warner deposed, he took in a horse pistol and looking glass of Munden's wife. All which the prosecutor deposed it.
Thomas Barker , the constable, deposed, he went along with the prosecutor on the 15th of July to Munden's house, took them in custody, and then went to the several pawnbrokers, and found the things mentioned.
James Elmore and Edward Lewis deposed, they were with James Munden before Justice Hubbald, and there heard him say, that he, Landen and Gosling, and two other men, broke open the prosecutor's house, and carried some goods away.
James Munden's Defence.
I know of nothing but one tea-kettle that Gosling brought to my house, and desired my wife to pledge for him.
He was a third time indicted for robbing Josiah Dupree , Esq ; on the King's high-way, of a sapphire ring set with fourteen brilliants, value 30 l. a gold watch, value 20 l. two cornelian seals, value 6 l. a silk purse, value one penny, and 4 guineas and a half .
To all which he pleaded Guilty . Death .
Josiah Dupree , Esq; I was robbed on the 9th of July, on Hounslow-Heath, by Haines, who has confess'd it, of a gold watch, two cornelian seals set in gold, a sapphire ring set round with fourteen brilliants, and four guineas.
John Chapman . I am a pawnbroker's servant; my mistress's name is Hull; she lives in New Belton-street, St. Giles's. On the 18th of July, the prisoner brought a gold watch-case, and pledg'd it for four guineas; I had known him two or three years; next morning he brought the rest of the watch; we knowing it to have been advertised, stopt it; he said it was the property of James Haines , whom I did not then know.
Chapman. He did not.
Q. Where did the prisoner live?
Chapman. He lived in a street by Long Acre; he has often brought things to our shop.
Q. Did he ever bring a watch before?
Chapman. No, he never did. (The watch produced in court).
Mr. Dupree. This is my property, which Haines took from me on Hounslow-Heath.
Samuel Houghton . Haines had a horse of me, and did not come home at the time appointed; the prisoner brought me a letter from Haines, to let me know when the horse would come home: he was brought home on the 10th of July. This robbery was advertised, and the horse described.
Edward Wright . This pawnbroker came to Justice Fielding, and said there was a gold watch stopt; he carried me to the prisoner's lodgings, where I took him, and took Haines up, upon the information of the prisoner.
Margaret Barry . I am the widow of Philip Barry . Last Sunday was four weeks, my husband, I, Patrick Welch, and Catharine his wife, were in a public-house together in Banbury-street : there was a woman a stranger to me) d - ing the Irish; I said, Mistress, what occasion have you to d - n the whole country for one or two bad? she said, D - n your blood, are you Irish, you b - h? I said, I am indeed. She abus'd me most grossly. My husband got up, and said to her, Have you any man to take yourTom Bradley ; he ask'd what was the matter, and said he was the man that would take her part, and was coming into the box where my husband was: Catharine Welsh said, we were not company for sweeps (the prisoner is a chimney-sweeper); she turn'd him out of the box: he went out of the house for about ten minutes, and brought in one Armstrong: I said to Armstrong, Are you come here to see my husband kill'd and murder'd? his answer was, he would not see his brother hurt. Bradley was coming into the box where my husband was; I ran against him, and said, What have you to do with my husband? he said, You whore, what have you to do with me? then I gave him a blow on the side of his face, and pu t him up against the chimney: he struck me on the eye, and after that several blows; I screamed out; my husband said, Will I see the mother of my child or my wife murder'd, without taking her part? he came to Bradley, and ask'd him what right he had to strike the woman Bradley said he would strike him; they both struck one another in the house; then they both went out into the street; there Bradley said several times, Clear the way; here goes new to break his neck; they had several blows; my husband fell in the kennel several times; Bradley had no falls; he is a fighting man; he fights for money. My husband's head was shaved afterwards; his head had three cuts on the left side, and one of his ribs was broke under his right breast: he walked home, and two days after he went to the Infirmary; they ask'd him there how he came by his hurt; he said he fell down, fearing they would not take him in if he said he got it by fighting: I saw him on the Friday before he died.
Q. Had he any other disorder upon him?
M. Bradley. No, he had not: he had a fever in the hospital, as they told me: it is my opinion the blows were the occasion of his death.
Catharine Welch gave the same evidence with the prosecutrix of what passed in the public house. And when in the street, she said she saw them tumble one another in the street; but which had the better, she could not tell; she did not know one from the other, they were both so black with kennel dirt.
Rowland Welstead . I keep the sign of the Ship in Banbury-street, St. Giles's. On Sunday the 18th of August, about two in the afternoon, being drowsy, I lay down on the bed: I was called up about nine in the evening; my maid said there were going to be fighting: I heard the voice of Tom Bradley pretty loud; I went to him by the sound of his voice *; I took hold of him, and said, Tom, don't breed a disturbance in my house; for if you offer to strike any man in my house, I'll send for a constable; he said, I will go out: I led him to the door, and I believe at that time Barry attempted to strike him: I said, Barry, keep off, for he is a fighting man, and I believe you will get the worst of it: I found there was a very great tumult at the door; what was done, I do not know.
* Rowland Welstead is blind.
Patrick Welch, husband to Catharine, confirmed the account the prosecutrix and his wife had given of what happened within the house; but said, what happened without, he could not tell: he never saw Barry afterwards.
Mr. Goldwyre. I am house-surgeon in the Middlesex hospital: I believe the deceased came to the hospital the 20th of August, on a Tuesday; I did not see him that day; I first saw his wounds on the Wednesday; the wounds were so trifling, he was not thought an object to be taken into the house; he had a large cut on his head, which I imagined might be by a fall against the stones; he complained of nothing else then: he concealed the true cause of his wound; he said he had a fall from a scaffold three story high: I never saw but one wound, and did not observe that to be dangerous in the least; he was taken in after he came to be dress'd two or three times. At first the wound went on very well; but after three or four days, it had not so good an appearance; then we thought proper to take him into the hospital. After he was in, the wound mended again, and he grew better, and walked about in the ward with other patients, and was in a very good way: there was a change about four or five days before his death; he had contracted a fever in the house, which is a very common case, which may be by the foulness of the air in the house: his wound at that time had not a bad appearance: he died in the hospital, but I have no reason to believe his death was occasioned by the wound. Two or three days before his death, he complained of an uneasiness in his breast; there was discovered to be a broken rib; but that I do not believe to be the occasion of his death: we impute his death to the fever; we did not believe there was any material injury.
Q. Was the body opened afterwards?
Goldwyre. No, it was not.
Anthony Delaney , James Grief , Catharine Adams , otherwise Burk , and Elizabeth Wall , spinster , were indicted, the first for the wilful murder of John Smith , and the other three for being present, aiding, comforting, and assisting the said Delaney to commit the said murder , August 8 . They likewise stood charged in the same manner on the coroner's inquest. +
The witnesses were examined apart.
Elizabeth Madden . I live in Cable-street, at the upper end of Rosemary-lane, in Bailey's Court. On the 7th of August, I saw the gentleman that is now dead, at the upper end of Bailey's Court, between ten and eleven at night; it was a Wednesday night; he was going by the end of the court; I said to him, How do you do, my dear? he made me no answer. Catharine Adams stood by, and she spoke to him; he ask'd her how far it was to her apartment; she said, Not far; and he went up the court to her apartment along with her.
Q. Did you know the man before?
E. Madden. No, I never saw him before; I have seen him since, and I know he was the same person. When they went, I went and unlock'd the padlock on the door, and opened it, and went in and lighted a candle in Mrs. Cook's house. I lived in the same house with Catharine Adams : I left the candle on the table: she desired me to go over and call Elizabeth Wall.
Q. Did she say for what purpose?
E. Madden. No, she did not. When I went out, the gentleman was then in the room: I went and call'd Elizabeth Wall; she came over directly: I staid at the end of the alley: Catharine Adams came to me, and gave me threepence-halfpenny to go for a pot of beer; I went, and brought it over to her. When I was in the alehouse, I saw Mr. Grief there; he heard me tell Elizabeth Wall there was a gentleman at Catharine Adams 's, and she was wanted. Bett Wall was in the house when I went for the pot of beer. I went up stairs to Mrs. Cook, and came down again; her house is cross the way: Grief stood at Adams's door when I brought Wall out. When Mr. Smith was making a dispute with Elizabeth Wall, saying she had robbed him of two guineas when they lay on the bed, then James Grief knocked at the door, and said he would have his snacks. The gentleman spoke aloud that I could hear; I went in after Grief; then Mr. Smith had hold of Elizabeth Wall by the petticoats, and insisted on having his two guineas. Grief whispered to Adams as she had the candle in her hand, and knocked the candle out of her hand in the room; when the candle was out, they all ran out, Grief, Adams, Wall, and the gentleman; Grief pushed him hard, and said, What business have you with my wife? Bett Wall got about a yard or two from the gentleman; the gentleman got from them, and ran after Wall; she turned the corner; (it is a court that hath turnings in it) Grief and Catharine Adams ran and turned the corner after him; I padlocked the door, and saw Wall again in about a couple of minutes; she ran down towards the chandler's shop, and the gentleman after her; and she came back, and I saw the gentleman lying there.
Q. Which way was she running?
E. Madden. She was running towards me, to run out into Cable-street.
Q. Did you see any of the other prisoners at that time?
E. Madden. No, I did not; I asked her where was the gentleman; said she, (pointing to the place where he lay) There the cull lies. He lay at the back door of a chandler's shop, where I saw him afterwards. I just went to the corner; there was a woman named Elizabeth Thompson , that lives next door to Catherine Adams ; I told her they had robbed him of two guineas, and he was lying there; I did not see any of them for about an hour after this, only one, that was Delaney; he was the first person that I saw.
Q. How soon was that after they all ran out of Adams's house?
E. Madden. I believe, about half an hour; I saw him in Cable-street; he was standing at the end of the alley; I went along with Delaney, and saw the gentleman lying there.
Q. Was he alive?
E. Madden. I did not see him stir; he had his shoes on then; Delaney said, I'll take off his shoes and stockings; he said to me, Take off the shoes; I took off one, and he the other; he took up the gentleman's hat; and brought it, and threw that and the shoes into an empty house, where I told the person who went and found them; Delaney had the buckles in his pocket, along with the gentleman's neckcloth.
Q. Did you see a watch?
E. Madden. I never did, till I saw it in the Tower gaol.
Q. Had the gentleman a neckcloth on when he was in the house?
E. Madden. He had; Delaney took the neckcloth out of his own pocket, when he threw the
E. Madden. Delaney was up and down the court partly all day and all night; he was very much up and down that court; I saw him a little before I saw the gentleman, that is, about a quarter of an hour.
Q. What coloured buckles were they?
E. Madden. They were yellow.
Q. Do you know of any money that any of the prisoners said belonged to the gentleman?
Q. How long after they went out?
E. Madden. This might be about an hour after: they said, D - n your eyes, what's that to you? they both said so: this was before I opened the door: then Catherine Adams went in at her own door, and I followed her; she desired me to go to bed, and said Harry Hathorn could not come that night, and gave me a common snuff box out of her pocket, and told me there was two guineas and a half in it, and four shillings and six-pence in silver: I had seen that box before; it was her own: she did not tell me how she came by the money: she told me she gave James Grief three shillings and six-pence for his snacks, out of the gentleman's money: I left it up stairs, and took one shilling out of it; and when Delaney came and made an alarm that the man was murdered, she asked me for the money again; then she was got to bed; I gave it her; then she went out to Bett Thompson's: said Bett Thompson, the creature that was along with you, was the first that spoke of it: she came to me and gave me a slap in the face, and I ran directly to the watch-house.
Q. Had you spoke of it?
E. Madden. I had told Thompson of it that minute; Wall blasted and swore at me?
Q. from Delaney. Whether I was in company when the man was picked up, or after?
E. Madden. He was in the alley a little before the gentleman came, and he was there a little while after the gentleman lay dead there.
Q. from Delaney. How came you to ask me to go up and rob that man that lay in the court?
E. Madden. No, I did not.
Delaney. I owned before the bench of Justices that I robbed the man after he was dead: How came you to jostle me up in the alley to the man?
E. Madden. I did not jostle you up.
Q. from Grief. Did I ever keep you company?
E. Madden. No; you used to come up in the alley for snacks, when any robbery was done.
Q. from Grief. Was I in the house when this man was robb'd, or before, or after?
Madden. You came in after the gentleman was robbed, and went and put out the candle; this was after the gentleman was robbed.
Q. from Grief. Who went out of the house first?
Madden. All three were out in the court in a minute.
Q. from Grief. Was it a man or a woman that went out first?
Madden. To the best of my knowledge a woman went out first; they all went out as quick as they could.
Q. from Grief. Did you speak to me? and what were the words?
Q. from Grief. How was I drest?
Madden. Grief had a light coloured coat on; a body coat.
Q. from Grief. Had you and I been together that night?
Q. from Grief. What is the reason you did not speak to me when the gentleman spoke to me about the money? (that is, the gentleman she has been speaking of.)
Madden. You heard the gentleman insist upon having his two guineas; then you put out the candle, and all four ran out of the house.
Q. from Grief. What is the reason you did not speak to me?
Madden. What could I say to you? you knew the gentleman was robbed well enough before you came into the house, and after too.
Q. from Grief. How did we come to part that night?
Madden. I do not know; you all three ran together; I saw no more of you till next morning, when they brought me from the watch-house to see you, to ask if you was one of the men; I said you was.
Q. from Grief. After we went out of the Alley, did you see the man alive or dead?
Q. from Grief. What was the reason you did not go and make an alarm.
Q. from Grief. Did you see me rob the man?
Madden. No, I did not: you only shov'd him, and asked him what business he had with your wife: if I had spoke, I should have stood as good a chance to be killed as he.
Q. from Grief. Did you know me, when I came and resign'd myself?
Madden. Yes, I did; I was but going on three weeks in the place; he used to be there almost every day in the week.
Q. from Grief. Was you drunk or sober that night?
Madden. I was sober enough; I had nothing to make me drunk.
Q. from Grief. What sort of wig or stockings had I on?
Madden. I did not take notice of his cloaths; I knew his person very well.
Q. from Grief. When I went out of the alley, whether you saw my face or my back?
Madden. I saw your face and back too in the alley; to be sure I saw his back when he turned to go out of the alley.
Q. from Grief. What words past between us when we went out?
Madden. You asked what business the man had with your wife?
Thomas Davell . I am an officer of excise: I was going on my duty through Wellclose Square, on the 8th of August; it had just gone twelve o'clock on a Thursday morning; I heard a confused noise; I thought there was a drunken company. I considered what to do; I cross'd the way, and stood under a little shelter in ship-alley, that goes into Ratcliffe-highway.
Q. How far is this place from the place where the man lay dead?
Davell. That may be about 100 or 200 yards distant. I saw three men pass me; they were walking pretty softly: the first of them I did not know; he was in a whitish coat, a well made little man, pretty smart *. I cannot know him again; I had but a transient view of him: the next man was the deceased Mr. Smith: I had a good view of him; he was a lusty gentleman, in a brown coat, and a black waistcoat and breeches: then I did not know whether his coat was black or brown. I cannot pretend to say I knew his face so well as the make of him, and his dress; I am perfectly certain it was the deceased. As he stepped up the step to go to the square, the last person said, Sir, We will take care of you; and took him by the sides of his hips, as I thought; to prevent his slipping; Mr. Smith spoke very thick, and said, I can do; I don't want you: and put his hands out; I thought he rejected their assistance: he appeared to be pretty much in liquor.
* A proper description of Grief's person, as to size.
Q. Was it light?
Davell. I had a lanthorn with me; I concealed myself, as well as I could, behind a wall: there I opened my lanthorn, and had a better view of Mr. Smith and the last man for some time than I had of the first; when I went to the watch house about eight that morning, I knew the last man again; the cage was pretty full; I did not hesitate a moment, the people made a lane for me; I said I knew that man, and pointed to Delany, and said, that man I was clear in; I watched them till they were out of my sight; so far as I saw them, one went before, and the other behind Mr. Smith.
Q. from Grief. Can you say you saw me there?
Davell. I cannot say I did.
Q. Do you know where Mr. Smith lodged?
Davell. He did lodge in Whitechapel, at a china-shop.
Q. Was that the proper way to go to his lodging?
Davell. It was.
Q. Are you acquainted with one Muldroy?
S. Cook. I am; I live with him: I saw Madden that night that the murder was committed; she washed my temples with some gin. Muldroy had beat me very much.
Q. What time was it that your temples were washed?
S. Cook. I believe it was about half an hour after ten. After that Muldroy gave me another blow, and I lay down on the dung-hill, as I lay there, I saw James Grief , Elizabeth Wall, Catherine Adams , and the deceased, come out of the house. The deceased came out first; he seemed as if he ran after Elizabeth Wall: James Grief laid hold of Elizabeth Wall by the sleeve, and said, This is my wife; they all four ran the same way. Elizabeth Thompson , that lives under me, came
Q. How long did you lie upon the dunghill?
S. Cook. I did not lie there many minutes.
Q. How long had you been into the house before Thompson came in.
S. Cook. I had been in some considerable time before that.
Q. How long was it from the time you saw them run out, till Thompson came and gave you this intelligence?
S. Cook. When she came to me, I believe it was about the hour of one or two.
Q. Are you sure the deceased was the same person that came out of that house with them.
S. Cook. I am sure: I took notice of him, he being so lusty and clever a man: I took notice he had a black sattin waistcoat on, when I was on the dung-hill.
S. Cook. I did, in the court several times; I threatened to put him in the warrant, for setting Muldroy to beat me.
Q. What time was it you saw Delany that night?
S. Cook. It was after ten o'clock; and I saw him again in the bottom part of the house; the last time I saw him it was after eleven. When I was at the watch-house the next morning. Delaney said, You silly woman, what business had you about this affair, and d - d me. I began to speak in the watch-house for them not to put me in there, fearing I should see an apparition. On my dropping that expression of seeing the man come out of Adams's house, they took me in custody. When I saw the gentleman lying, he had no shoes, or hat, or neckcloth on, and all his pockets were turned inside out.
Q. What time was this?
S. Cook. This was, I believe, between one and two o'clock.
Q. From. Delaney. Did you see me near the place at the time?
S. Cook. I saw you near the foot of my stairs. I said I would put you in the warrant.
Q. from Delaney. Was this of seeing me at the foot of your stairs before, or after they all four went out?
S. Cook. It was after; they ran out much about a quarter after eleven.
Q. from Grief. Whether ever I spoke to you, or you to me, that night?
S. Cook. No.
Q. from Grief. How could you discern me the distance of fifteen yards at that time of the night?
S. Cook. Because I knew you before; I was nearer to you than I am to the council now; (that was not four yards) for the dung-hill comes almost to Adams's door.
Q. from Grief. Whether you saw my back or my face?
S. Cook. I saw your face coming out; I lay right facing the door, crying out of my arm, and my hand was bleeding.
Q. from Adams. Whether I did not come to take your part when Muldroy was beating you?
S. Cook. Yes you did; you came and bid him not to beat me.
Q. How far is that from the place where the gentleman lay murdered?
Levi. That is about three minutes walk.
Q. What time was this?
Levi. It might be about ten minutes after 12 o'clock: he said to me, So, you are going out: I made answer, you are damnably mistaken, for I am going home: and I did go home, to Butler's room in Bailey's Alley, where the fact was done. I went to bed, and after I had been in bed a little while, I cannot say to a minute, I heard a noise of running towards the alley end, and a man calling out murder! and watch! some time after, Elizabeth Wall came to the place where I lie, right opposite to where the gentleman lay dead; I heard her, I am certain it was her; I should know her tongue among ever so many women; I have been well acquainted with her; I used the Three Tuns, a house where she used: I heard her say,
"Ye barbarous, wicked creatures; is it not enough we have robbed the man, why should you be so wicked as to murder him?" A little time after she returned back again: I heard her say,
"Delaney, do you say I robbed the man by myself." I heard no answer.
Q. from Grief. Did you meet me in Lemon-street before the murder was done, or after?
Levi. It was before that was done.
Grief. What he says is true; I did ask him as he says.
Hannah Butler . There is a little brick wall, that parts my apartment and Wall's; we can hear every word that passes in their house, and they in our's. I remember, the night that Mr. Smith was murdered, I went to bed that night before the watchman came ten; I heard Elizabeth Wall, Catherine Adams , and some men singing.
Q. Do you know the women's voices?
H. Butler. I do; they were singing between ten and eleven, on the ground floor; after they had done, they went out and were peaceable some considerable time; till, I believe, about a quarter after twelve, every thing was very quiet; then Elizabeth Wall came into her own apartment; she clapt her hands together, and cried bitterly, and said,
"O you barbarous man! how can you use such barbarity! I have robbed the man of what he had: what do you want to kill him for? " she flew round the house, and flew out at the door; (it is a very thin partition between us; I have lived in the alley fifteen or sixteen years:) When she flew out of the house, she made a great noise, as if the chairs and table were rattling. The gentleman lay dead over-right my door. There were two people in the room that heard this as well as me; Abraham Levi was one, and his companion Ann Mitchel .
Q. from Wall. How could she hear me go out when she lay in her own bed?
H. Butler. I can hear every thing that is done in her house, and she the same in mine; I heard men. but don't know whose tongues they were.
"Save my life, for God's sake! save my life, for Christ's sake, save my life.
Q. What time was this?
Porter. As near as I can tell, it was between twelve and one. I heard the voice of a man say, you have not had enough, you shall have more: I heard a blow, or a push, it came against the back part where I lie, and shook the place; I judged somebody fell against the back part of the wash-house; I heard a woman say, Don't strike him, you have given him enough already: I believe it was the voice of Elizabeth Wall, she has used the house ever since I lived servant there: I never heard a voice more like her voice than that.
Q. Did you get out of your bed?
Porter. No, I did not; I heard no more blows after that.
Q. from Wall. Will you swear it was my tongue?
Porter. No, I do not swear it: I believe it to be your voice.
Joseph Barber . I live in Fenchurch street. I heard of this murder on Friday the 9th of August: hearing two men and two women were taken up, and brought to the Angel and Crown, Whitechapel, to be examined, my curiosity led me to go to see them. I was there better than a quarter of an hour before they were brought; then came the two men in one coach, and the two women in another: they were carried into a parlour at the Coach and Horses, at the corner of Gulston street. Delaney was taken out by two or three men, and carried in at the Angel and Crown; he staid there some time, and coming back again, came in at the back door at the Coach and Horses. I heard him say to a man who was by his side, I killed the man with the others, or the rest; one of them two words he said; I believe there might be three or four men by his side. He said, I know I shall be hanged: I went into the back parlour where the two women and Grief were: Grief asked the women, Was I in the room when the robbery was committed? the women both of them said no.
Q. from Grief. Did you hear Delaney say he was the man that did the murder?
Barber. He said he did it with the rest, or with the others.
Thomas Berridge . I keep the Baptist-head, in St. John's-lane, Clerkenwell. I remember Delaney being at my house, at his returning from his examination, in the custody of the keeper: there were several people and children gathered about the door; I went on the outside, in order to drive them away; the window being open, Delaney stood at the dresser, and as I stood on the outside, looking in at the window, he clapp'd his hands together, and said, Lord, I wish it was over with me; for it is the first time that I ever imbrued my hands in human blood: his face was toward me, and he spoke in a low tone of voice. I said to him, it is a thousand pities, that you had ever any hand in it at all.
Q. Where was the keeper at that time?
Berridge. He was about a yard or two behind, talking to people in the room.
Q. How many people might there be in the room?
Berridge. There might be three or four. Delaney looked in my face when he said these words.
Q. from Delaney. Who was the keeper that was with me at that time?
Q. Who was in the hearing of this?
Brind. There were Abraham Pierce , and Henry Leicester , two coachmen: I heard him repeat it twice over; this was both before and after he had the liquor: I carried in four full pots; there were a great many people talking to him.
Q. How did he seem to express himself?
Brind. He seemed to be very angry.
Q. What distance between the first and second time of speaking this?
Brind. Not above ten minutes.
Q. from Delaney. Was this the first, second, or third time of my being examined?
Brind. I did not know they were re-examined any other time than once; this was the day after they were taken.
Q. from Delaney. Whether you are not hired to swear against me?
Brind. No, far from it.
Henry Leicester . I am a coachman. I was at the Coach and Horses, Whitechapel; there were Delaney and Grief; Mrs. Brind was close by me; there was a good deal of talk: Delaney said, I'll go to the Coroner, I am the man that did the murder. I went away in a surprize; my back opened and shut with it.
Q. from Delaney. Who heard this besides yourself?
Leicester. Mrs. Brind and several others did: there were above a dozen people there.
Q. from Grief to Mrs. Brind. Did not I pray to God the murderer might be found out?
Brind. I heard him say so three or four times, with his hands clinched together; and said, he wished nothing might go through him, if he knew any thing of the robbery or murder: this was when he was first brought in.
Leicester. I heard Grief say as Mrs. Brind has related.
Smith. I found a hat in the same place; (produced in court); these I found by the woman's directions.
William Harper . I am going into the 16th year of my age. I live at the Rising Sun and Sword, in Bailey's-alley: I saw Delaney that night the murder was committed, in Church-lane, about a quarter after eleven, along with a woman; a man was going by, and he ran after him, and overtook him about the great Gates, in Church-lane: the man cried out Murder and Watch, and Delaney struck him; I heard the blows: there was nobody else in the street near them. I was leading home a blind man: Delaney went back into Cable-street.
Q. Did you ever see that man that he struck since?
Harper. No, I never did.
Q. How was he dress'd?
Harper. In a lightish coloured coat.
Q. How near was this to Bailey's-court?
Harper. It is not above an hundred yards distant.
Q. Did you see Mr. Smith after he was dead?
Harper. I did; he was not the man.
Q. Did you upon that examination discover what was the cause of his death?
Adams. I found a large contusion on his left temple; I really believe that was the occasion of his death: that might happen by being thrown violently on the ground. or by a violent blow on the temple. It seemed to be of that magnitude to occasion his death, if well in health before.
Q. Did you open the head?
Adams. No, I did not.
I never struck the man; I was in company with Grief: the boy Harper swore very right; he saw me follow a man up Church-lane. There came in a man named M'Cartey, who was cast for transportation; there was a young man named Bourn along with Grief; Peg Carney was knocked down; I went out; Bourn came and asked Grief to go with him; Cook was standing at the end of Church-lane, and Bourn went and knocked the man down, and made him bleed very much: I went to the end of Well-street with Peg Carney , and back again to the end of the court, after I got her washed. I was not come to the alley when they came running.
Mary Murry . About a quarter before one o' clock that night, I heard Mrs. Cook call Watch and Constable greatly; in about a quarter of an hour after, a neighbour that lives next door to me called Mrs. Murry, Mrs. Murry, there is a man murdered in the court: presently I heard Delaney's speech; I heard him telling a woman that a man was murdered; he was saying Pat. Kitts and Bet Wall had robbed him of two guineas, and he would find out the man that murdered him before he slept.
I have witness to prove what time I was at home in bed.
Ann Parkhouse . Grief lives in the same house as I do, and has done, I believe, two years, at the Coach and Horses, Whitechapel; he came home about a quarter before twelve that night. two men came and called him about 4 o'clock, and desired him to run away, saying, a man was murdered in Bailey's-court, and it was said he had a hand in the murder: he said, by the blessing of God, he would go and surrender himself.
William Magraw . I went to Grief with Goadly: we asked him if he knew any thing of the murder? he said, no: this was between five and six o'clock in the morning; he said he would go along with us, with all the pleasure in the world.
Nathaniel Goadby . I saw Grief about twelve o' clock that night, in Wellclose-square; Elizabeth Wall was along with him: they went arm in arm towards Ratcliff-highway, and about four o'clock I went to his lodgings with Magraw; we told him a murder had been committed in Bailey's-court: I brought a pot of beer, and went to see the deceased gentleman; Henry Hathorn was along with me: I put my hand upon his face, and said, he has been dead some time, he is stone cold: Hathorn lifted up his hands, and said, Nat, what shall we do? I said, do not let us skreen murder on any account, but let us charge the watch with the whole tote.
Q. Of whom?
Q. Did you charge Grief?
Goadby. No, he was gone home to his lodgings.
Q. How came he to go there?
Goadby. I cannot tell; I went to his lodgings, and he looked out.
Q. How came you to go to his lodgings?
Q. How came you to know that Delaney, Wall and Adams had a hand in it.
Goadby. I never heard of their knowing it till they opened it themselves, when they all stood there, when I went to fetch the watch and constable.
Q. Where were they when the watch was sent for?
Goadby. They were all there, and I was for charging them, because they were in Bailey's-court.
Q. Did Hathorn send you to Grief?
Goadby. He said he would go along with me, but he did not.
Q. Then he did not send you?
Q. Nobody else?
Goadby. There was Mr. Rue, the officer of the night went afterwards, and two watchmen, and I delivered Grief to them?
Q. from Grief. Whither you did not beg of me to run away?
Goadby. I did not: I said the man is murdered, for that reason, Jemmy, you ought to think on that.
Q. For what purpose did you go to Grief's house?
Goadby. To apprehend him, and bring him to the officer of the night, that he should not go away before the officer came.
Q. You say you saw him at twelve o'clock at night, with Wall having hold of his arm, was that the way to Grief's house, or from it?
Goadby. It was the way from his house.
Henry Hathorn . The same night Mr. Smith was murdered, I saw Nat. Goadby at the corner of Well-street, by Well-close-square; Goadby had a pitcher in his hand, and asked me if I could raise Three-pence, and they would have half a gallon of beer? I said I believe I have not got so much, so I went home; I live with Catharine Bourk : IBet Madden , the woman with one eye. I had not been in above five minutes, when Delaney came in, and said that the gentleman the two women had been with, was lying dead up the court: I took the candle, and went to see; I put my hand upon his face, and he was as cold as clay. I went back, and told them of it; they would not believe it; they came down to see him, and fell a crying. I told Madden of it first, and then Bet Wall got out of bed; Madden knew of it long before, and had told Delaney of it. I said, what must we do about this affair? Nat. Goadby said, the only way was to take up all in the place. and said, let us all go to the watch-house. Madden told me if I could get her carried by herself, she would tell the whole truth: what she told the officer, I cannot tell; I went to the watch-house; the constable was gone home, and the watchman asleep. At last the constable came, and they agreed to surrender, Delaney, the blind woman, and the other two women.
Q. from Delaney. What usage did I receive when I went into her house along with you?
Hathorn. I can't say but she was in a great passion with him, and would have struck him for telling me of it. Eliz. Wall and I had been drinking a pint of beer; we were coming out of the house, and met Madden; she said, there is a gentleman at home wants you both; we went home, and the man ask'd us to drink some porter; he gave me 3 d. and two farthings for a pot of beer; I gave it her, and she fetch'd the beer: the gentleman made us a present of a shilling a piece; but whether it was the man that is dead or no, I can't say; he did not stay to drink above half the beer out: as for this Delaney, he was always a lurking fellow, and I could not bear his coming into my place.
Elizabeth Wall's Defence.
Catharine Bourk and I had a pint of beer together; and as we were coming out, we met Elizabeth Madden ; she was running, and said, she was coming for us, that there was one wanted us at home: he sent for some porter, and gave us a shilling a piece; and went away, and said, he would call again the first opportunity: Catharine Bourk went to her bed, and I to mine, when the out-cry was that the man was murdered in the court: I went back again, and said, it was cruel usage; that it was very bad for any body to be guilty of murder: William Magraw was in his own room, and knew that I went to bed at 11 o'clock: I knew nothing of it till they said there was somebody murdered, and then I went along with other people to see him.
Delany and Grief Guilty . Death .
They received sentence immediately, this being Friday, to be executed on the Monday following , and their bodies to be dissected and anatomized.
Adams and Wall Acquitted .
Catharine Adams and Elizabeth Wall were a second time indicted for robbing John Smith on the King's highway of a mettle watch, value 40 s. a pair of leather shoes, value 4 s. a hat, value 5 s. a pair of mettle buckles, value 6 d. and a muslin neckcloth, value 6 d. Aug. 8 .
No farther evidence being given, they were acquitted of both indictments.
485, 486. (M.) Joseph Gould was indicted for the wilful murder of James Knight , by shooting him with a pistol ball, and Jonathan Stevens , for being present, aiding, helping, abetting, comforting, and maintaining the said Gould the murder to commit , April 15 . *
John Assiter . I am a gardner, and live at Whallam-green : the deceased James Knight kept a public house there : I was going to market with goods on Tuesday the 16th of April: about half an hour after four in the morning I saw James Knight lying dead upon the steps at Mr. Shelmerdine's door, the Cow and Calf, at Chelsea; I call'd, and the servant came down, and after that the master: I saw a hole in the coat, where I imagined a ball went in.
Richard Shelmerdine . I keep that public house at Chelsea: on the 16th of April I was called up in the morning by John Assiter ; I came down in about four or five minutes; there I found James Knight lay dead: he had been drinking at my house the day before, from about eleven till one o'clock: I saw a wound on his right breast made with a ball: I can't say I ever saw either of the prisoners in my house in my life.
Robert Chambers . I am a Chelsea pensioner, so are the two prisoners: the night before this thing happen'd. Gould and I were on the patrole between Buckingham-gate and Ranelagh; we pass'd a gentleman from the Engine to Buckingham-gate; he gave us half a guinea instead of a six-pence: Gould kept it till the next day, then he discovered it to me; he changed it, and gave me half; then we had a pot of beer; after that we had another pot at the George: we came from thence to Mr. Shelmerdine's, and there we had two pints of twopenny; then I believe it was four o'clock, or after; then we went in at the Thistle and Crown, there was Stevens; when we came out there, I was for going home; the two prisoners said, if I would go with them. I should see something: I was not for going; this was about a quarter before ten: I had a stick, they took my stick, I followed them, and as I was easing myself about twenty or thirty yards from them, I heard a pistol go off; I put up my breeches as fast as I could: when I came up to them, there was the deceased gasping for life, crying, Ha, Ha, Ha! he was close by them; he ran about fifteen yards towards Shelmerdine's, and dropt down; Stevens ran away: Gould pull'd me me along, I said, somebody is kill'd or robb'd; they said, what was that to me; this was just before the man dropt: the prisoners were taken up five weeks ago.
Q. Had either of them a pistol?
Chambers. I never saw either of them have a pistol.
Q. Why were they not apprehended sooner?
Chambers. I was afraid of my life, fearing they would kill me.
Q. Was you in sight when the pistol went off?
Q. Where did Gould and you go after this?
Chambers. We went down by the church, and had a quart or three pints of beer at the Black Lion.
Q. Was not there a reward of five pounds publish'd for any body that would discover this affair?
Chambers. Yes, there was: I made this discovery a great while after the reward was publish'd.
John Peaver . Chambers said, he and Gould were drinking at Mr. Shelmerdine's the day before this thing happen'd, and Gould denied his being there: Chambers, to confirm what he had said, gave an account there was a bricklayer at work there: all I have to say, I am a bricklayer, and was paving the hearth that day.
Q. to Shelmerdine. Did you perceive the deceased had been robb'd?
Shelmerdine. There was his watch, and sixpence, and a piece of chalk in his pocket.
Alexander Reed . I am a surgeon; I open'd the deceased body; I found the ball had penetrated his breast, and into his lungs; I took it out, it was a pistol ball; that undoubtedly was the occasion of his death: there is no place in the world better situated for robberies, or easier to get off, than the place where the deceased was found; there frequently are a great number of prostitutes and bad people about there on nights: there are roads go several different ways: Stevens was at that time in the Infirmary with a broken arm (I am assistant surgeon to Chelsea hospital): he was well enough to go out, but not to use his arm; he always behaved very decent and sober; he never was out but one night late in the time, and then he came in about ten o'clock.
Q. Do the patroles carry pistols.
Reed. No, they carry muskets with bayonets fix'd.
The prisoners in their defence denied the charge, and said, Chambers had told nothing but a parcel of lies.
Alexander Macdonel . I have known Gould about seven years; he has an extraordinary good character; I never knew a man have a better: I have known Stevens forty years; I never knew any thing of him but that of an honest soldier; I never heard any ill of him.
Both Acquitted .
437. (M.) James Slack was indicted for the wilful murder of Millecent Lacey , widow , by riding a gray gelding over her, and giving her a mortal wound, of which she died : he stood charged on the coroner's inquest for killing and slaying the said Millecent, July 19 . +
Martha Cousins . I carry milk about; I was coming with my pails about two months ago, on a Friday, in Whitechapel , just by a last-maker's shop, I saw the prisoner at the bar riding a gray horse full gallop; there was an old woman walking cross the road, she had a stick in her hand, and a bundle under her arm; I heard the prisoner call three times to her, to get out of the way: he said, God bless you old woman, pray get out of the way; and instead of getting out of the way, she got more in his way; he pull'd his horse in at the time; I reckon the horse had been frightened;
Francis York . On the 19th of July I saw a man (I don't know that the prisoner is the person) riding a white gelding or mare full speed in Whitechapel road: when he was near the David and Harp, below the church, he rode over an old woman; the feet of the horse struck the left side of her head: I took her up; she died the next day.
Q. Did you see a fire in the road.
York. No, I did not; there were many voices, so that I could not distinguish whether the man call'd to the old woman or not: I assisted in carrying her to the infirmary.
Walter Herbert. I was crossing the road at the same time as the old woman was crossing the road: the prisoner and another young man were riding down the road as fast as they possibly could: I imagined they were trying which could go fastest, one on one side of the road, the other on the other. After he had rode over the old woman, he pulled his horse round, to see what was the matter; the people cried, Stop the horse, beat him of his horse; then he rode away.
Q. Did you hear him call to the woman?
Herbert. No, I did not; I was 20 or 30 yards from him: he might call and I not hear him.
Q. Did you observe the man pulling his horse before he came to the woman?
Herbert. I did not mind that.
Thomas Baker . I saw the prisoner and another man riding as fast as they could; people called out, Take care of the woman; the prisoner made some answer, but what I do not know; they were riding towards. Mile-end; the prisoner rode over an old woman: I did not observe he made any attempt to stop the horse.
Stephen Flower . I am a surgeon. I received Millicent Lacey into the London Hospital; her wound was on the back part of her head, rather to the left side, a very small wound; I could just put the end of my little finger into it: it seemed to be done by falling on a pebble-stone; there was no damage done to the skull.
Q. Do you believe that was the occasion of her death?
Flower. By the appearance of it, I should not think it was; there was no bruise near it: I take it the woman must be 70 years of age. She was brought in insensible, on the Friday, about seven at night, and I think she died on the Sunday. After she was dead, I observed her back was very much bruised by the extravasated blood: if her death was occasioned by that bruise, there must be something internal that must be the cause of it: there was no mortification, there had not been time for that.
I went to Smithfield with an intent to sell that grey horse: coming home, a young fellow was coming my way, and asked me whether I was willing to sell the horse? I said yes: he said, let me see him go, and if I like him, I'll buy him: he was on a bay mare; I put mine into a soft gallop, and he coming with his bay mare behind mine, mine pushed clear off, I could not stop him; I pulled as hard as I could. This woman was coming cross the road, I halloo'd to her, to get out of the way; she ran in the way, and I rode against her, and shov'd her down: people called out, Knock him down, knock him on the head, and then I rode away.
The witnesses were examined a-part.
William Abedward . On the 17th of July last, between the hours of ten and twelve at night, I lost two silver pint mugs; we missed them just before we went to bed; they were taken from off a table, just behind the door, in the fore-room: there was nobody at that table (it is not a drinking table). I was backwards and forwards in the house. I can't tell whether the prisoner was in the house that evening: I never found my mugs again.
Mary Wells . I am servant to the prosecutor. I saw the prisoner in my master's house, the night the mugs were stolen; he came in about eleven o'clock: I took particular notice of him; he call'd for a pint of beer, and sat down on a bench in the passage, and staid about five minutes: when I brought the beer, he was fitting on the threshold
Jeremiah Ryan . I have known the prisoner two years; John M'Kenzie and I went all round Wapping one night; we came up Nightingale-lane; He said he would go and steal some silver mugs there; (we had use to go by there every night; he had seen the mugs before) he first went into the passage to the bar, and asked this last evidence for a pint of beer. I stood on the out-side of the door: the girl went to draw it; in the mean time he stole one of the silver mugs from a table behind the door in the fore-room: I saw him do it: he came out and gave it to me; we ran all the way up Nightingale-lane, and hid it under a dung-hill in Black-horse-yard: then we came again to the house, which is about an hundred yards from the dunghill; we call'd then for a pennyworth of gin each; he went in first; we had the gin, and he gave the girl sixpence to change: while she went into the other room to change the six-pence, M'Kenzie stole the other mug; he could reach it behind the door: we then went to his lodgings, after we had been and took the other out of the dunghill. The next morning we went to look for somebody to sell them to, in Duke's-place: we met one Israel Cowen (who is now in Bridwell); we asked him if he would buy some plate? he said, he would see for somebody that would, and he went and fetched Mores Abrahams. M'Kenzie and Abrahams went into a place to bargain; he asked five guineas, and Abrahams offered him two: he said, before he would take two, he would throw them into the Thames. I stood a little way off; Abrahams said, if he would fetch them, if they were worth more, he would give more. I went and fetched them, and in the mean time. Mr. Murry, a thief-taker, came and took M'Kenzie, and said he was the man he wanted: I had the mugs, and seeing him take M 'Kenzie, I turned back, and ran away (this was in Heydon-yard); we were going into the fields to let Abrahams look at the mugs: Israel Cowen met me in the Mulberry-garden, in about an hour after, and told me where M'Kenzie was: then I went along with Cowen into the fields, and let Abrahams have the mugs for two guineas, and I went and spent the money. I was taken about a week after; I was going on board a ship, and there were three boys that knew me: they told Mr. Murry, and I was taken out of the ship.
This boy, Rvan, met me in Duke's place, and asked me if I knew any body that would buy old silver spoons? I told him, I did not know any body: there happened to come Israel Cowen by; he asked him; he said he would go and see for a man, and he went and fetched a man: they went a little way from me, and talked together, and sent the boy away, and he brought two mugs; I had not an opportunity to look at them; they agreed to go into the fields, and this Murry came and took hold of me. When we came to the prosecutor's, Murry almost obliged the girl to say I was the man. I never was at that house, till Murry brought me there.
Guilty . Death .
There were three other capital indictments against him.
439. (M.) Ann, wife of James Swift otherwise Ann May , spinster , was indicted for stealing two cotton bed curtains, value 2 l. 10 s. and three crimson moreen bed curtains , the property of Leonard Jennings , August 29 . *
Leonard Jennings . I am an upholsterer : the prisoner was employed by me to make up furniture; I missed two cotton bed curtains, and three crimson moreen curtains; I charged the prisoner, she confessed she had taken them, and directed me to the pawnbroker's where she had pawned them. (Produced in court and deposed to).Richard Monk , a pawnbroker, deposed the prisoner pledged one red curtain with him.
I was in hopes to have got money to have fetched them again.
Guilty . T .
440. (M.) Edward Jones , otherwise Williams , was indicted, together with Edward Arkle , not taken, for stealing a gold medal value 3 l. the property of Charles Storey , in the shop of the said Charles, privately , July 25 . +
Priscilla Storey . I am wife to Charles Storey : we keep a silversmith's shop , in Sidney's-alley, Leicester-fields , and deal in medals, and such things, in silver or gold. On the 25th of July, about five in the afternoon, the prisoner at the bar came and asked me to see some buttons, that were in a drawer where the medal lay, under a glass-case, in the window: I took in the drawer; the prisoner and one Arkle came in, and looked at the buttons: they bid me a price for a pair, which they might imagine I could not take: I refused it, and they went out of the shop. After that, Thomas Holland , that lives at the next door, came and asked me if they had bought any thing? I said, no: he said, he was afraid they were common pick-pockets. I looked in the drawer, and missed the gold medal; it was a King William and Queen Mary's coronation medal: I saw it in the drawer, when I went to show them the buttons.
Thomas Holland . I was standing near the prosecutor's shew-glass, talking to a young man; the prisoner and another came to the glass, where I saw the medal lying: I saw them point at it; the other said, it would just do for him, and bid the prisoner look who was in the shop; he answered there was a Monisher in the shop; I suppose a cant word for a woman: Mrs. Storey was there: they went in; then I went into the house where I live; they came out in about three or four minutes: I went after them to the corner, and saw them running along Leicester-fields as fast as they could: I came back, and asked Mrs. Storey whether that medal was gold? she said it was she looked, and it was gone. This was on a Thursday, and on the Saturday, I saw the prisoner and two or three more go through the court: I told my father, who went and told Mr. Storey to go and take him.
Charles Storey . I was not at home when the medal was lost. The night the prisoner and others came through the court, Mr. Fossey, Holland's father-in-law, came and told me; we ran and took him in Coventry-street, and brought him into my shop. I asked Mrs. Storey if she knew him? she said yes; and when he spoke, she said she could swear to his voice. We took him before Sir John Fielding , and had him search'd; four handkerchiefs were found upon him, and he was committed. In a fortnight after, my son and apprentice went to the Gatehouse; there was a letter wrote to Mrs. Tree, by the prisoner's order, informing her, that the medal was gold, and worth 40 s. I got a warrant to search Mrs. Tree's house, and took her before Major Spinnage ; there she told me she would take me to the place where my medal was: she took me to a young woman that was servant to Mr. Richardson, printer, in Fleet-street, who told me the medal was sold to Mr. Sarjant, goldsmith, in Fleet street.
Mary Tree . I live in Bennet's-court, Drury lane. Edward Arkle shewed me the medal, and asked me if I knew what it was, or whether it was gold? I shewed it to a relation, who could not inform me. Arkle said he would go and shew it to a silversmith; he came back, and said he had, and the gentleman said it was gold. I never saw it afterwards.
Q. Have you seen the prisoner with Arkle?
Tree. He has come to my house two or three times with him.
Mary Emmerson . I did live with Mr. Richardson; I lost my place on this account. I was standing at the bottom of our entry, at the street, and Arkle came and asked me how I did; (he was brother to one that I know); he said he had been tossing up in the market, and had found this piece, and shewed me the medal; I did not know what it was; he desired me to ask somebody what it was; this was about six or seven at night, but cannot tell the day: I went to a silversmith, and asked him; he said it was gold: he weighed it, and said it came to 1 l. 19 s. 6 d. I was sent to change it for Arkle, if it was gold; then I desired a young man to go over the way to Mr. Sarjant with it, along with me: we sold it for 43 s. the money was paid to me, and I gave it to Edward Arkle .
George Curry . I live with Mr. Ryall; in Fleet-street; the last witness desired me to go with her to sell this medal: I went with her to Mr. Sarjant, and we sold it for 2 l. 3 s. Mr. Sarjant put the money on the counter, and Mary Emmerson took it up.Mary Emmerson , and said, you are to have the medal. I took out the money I had told him to be the value of it, 43 s. and laid it down on the counter, and the young woman took it up. (Produced in court, and deposed to by Prosecutor).
Q. to Emmerson. Do you know the prisoner at the bar?
Emmerson. I never saw him before.
I was not along with Arkle when the medal was stolen; I came from Birmingham, and never was acquainted with Arkle but three times in my life.
Guilty of stealing, but not privately in the shop . T .
"London, 27 July, 1765. I promise to pay
"Shillings and Six-pence, seven days after
"date, value received, by me
With intention to defraud the said Edward: It was also laid to be done with intention to defraud the person intitled to receive the money due to John Wallace , late seaman on board his Majesty's ship the Epruve.July 27 . ++
Edward Hooper . I am a receiver, or agent, and have an office in Crutched-friars. The prisoner at the bar came to me some time in June, and told me she had a probate of a will, which lay in the hands of Mr. Faulkner, proctor, in Doctor's commons; but she had not money sufficient to pay, and therefore could not get it out: She desired me to pay the money for her. I asked her some questions as usual, but particularly asked her for a parish certificate of the minister and churchwardens, setting forth she was the person she pretended to be; she not bringing that, I declined acting in it. Some time after, she came with this probate in her hand; (holding one in his hand). In consequence of which, I made search, and found there were wages due; but I would advance no money till she could get a certificate. She pleaded poverty, and I let her have a crown, or some such matter, till she could get the certificate: She came on the 26th of July, and brought a certificate; I was then ill in bed: She came again on the 27th; I was then below stairs: the certificate appeared very fair, and I gave credit to her; but as the money could not be immediately got, she begged I would let her have a little. There were several people that came with her, they were very clamorous: some said, they would wait no longer for their money; one said she was indebted to them so much, and another so much. I said, when she has it, undoubtedly she will pay you, or endeavour to settle in some manner among you: that did not satisfy them; they were very clamorous. Then she addressed me to let her have some, to give each of these people something, or she should be arrested: in consequence of which, I let her have three guineas and a half. I went up stairs to my bureau, and she with me; I wrote the body of this note. and called up my lad, he saw her make her mark. Before ever I wrote her name, as is usual, I said, what is your name? notwithstanding her having applied to me before: she told me her name was Mary Wallace ; then I wrote it by her mark: I said to my boy, you saw her make her mark, and heard me ask her her name: after that, the boy wrote his name under as a witness. In writing the body of the note, I left out the word pounds.
Q. Did you ask her if she could write? Hooper. I think I did; it is usual to ask a person, Can you write? I then paid her the remainder of the money, to make the first three guineas and a half; but the money I paid her before, I can not exactly say. I think it was on the 20th or 21st of August, Hannah Bourk came and asked me if I had not a probate of the will of John Wallace , of the Epruve, and another of Peter Price , of the Yarmouth? I said I had them both: she said they were both forgeries. I took the prisoner that very day before my Lord Mayor: she said she had been employed, and the price of that employment was two guineas; she there acknowledged her name to be Dunn: there was a woman that swore the prisoner's name to be Dunn, so my lord committed her.
Hannah Bourk . I have known the prisoner above twenty years; I heard her say in my house about two months ago, she was going to Mr. Hooper's, in the name of Wallace, to borrow money. I know of her doing such things before that.
A. Murry. No, for you had ruined me before.
Prisoner. Murry was to give me two guineas; I was not the administrator; there is a woman in Newgate knows I was to give Murry the money; I had only half a guinea out of the money which Mr. Hooper gave me, and she had the rest.
Murry. This is not true no more than God Almighty is; she gave me half a guinea for what she had eat and drank. John Barns came to my house; he gave Mary Collins a paper; there were three ships on the top of it; he desired her to go to the Commons and administer; she said she knew one Eleanor Welder that would do it for a guinea: I went to the Commons with Welder, and when she came out of the proctor's house, she asked Collins when she should have her guinea; she told her, when the money was paid: Collins was the person that had it, and Eleanor Welder administred.
Had Murry's box been searched, there had been several more found: she hired me for two guineas.
The note read.
July 27, 1765.
"order, the sum of Three thirteen shillings
"and six-pence, seven days after date; val.
Hooper. I forgot to write the word pounds.
Guilty . Death .
442, 443. (M.) John Hatchman , and Eleanor, otherwise Nell Dennison , spinster , were indicted, the first for stealing a silver mug, value 30 s. the property of Elizabeth French , widow ; and the other for receiving the same, well knowing it to have been stolen , June 5 . ++
Ann Drake . I live with my mother Elizabeth French , at the Crooked Billet, King-street, Tower-hill : On the day after the King's birth-day, the two prisoners and three men came into our house between nine and ten at night; they were in the tap-room by themselves; there was a silver pint mug stood on a dresser just within a window in the next room, close to them; the man at the bar went away, and left the company; and soon after the mug was missing. We took the rest in custody, and searched them; but no discovery was made, till M'Kenzie and Ryan were taken up on another robbery, and Ryan turned evidence.
Hugh Hughes . I am servant to the prosecutrix: I was called away, and I put down a silver mug on the dresser, where was only a window that would shove up, betwixt the prisoner's company and that: I put it down while they were sitting there: In about five minutes time the mug was missing; then the two prisoners were gone. When Ryan was taken up, he said the prisoner Hatchman took the mug; we took Hatchman up about a month after; he said he knew Ryan well enough.
Jeremiah Ryan, M'Kenzie, John Gorman , a black, Hatchman, and two women, went into that house to drink; there was a silver mug put upon a dresser; there was a window betwixt; we were a good while before we could get it up; at last M'Kenzie lifted it up, and Hatchman put his hand in, and took the silver mug, and put it into the lining of his coat. and soon went out. We were afraid of being taken; so M'Kenzie paid the reckoning: we went out of the house; we were not got twenty yards before they followed us and brought us back; we were taken to the watch-house on Tower-hill. We met Hatchman about a week after we were cleared; we asked him where he carried the mug; he said, To Nell Dennison , on Salt-petre Bank; that he broke the handle off and gave her that: she lived in Hog-yard, Salt-petre Bank. We saw Hatchman after that in Shoreditch; he had but a shilling about him, which he gave to M'Kenzie, and said he would give us more when he had it.
I know nothing at all of it.
Hatchman, Guilty . T .
Dennison, Acquitted .
Sarah Meyther , spinster , was indicted for stealing a linen shirt, value 5 s. the property of James Cowden , September 7 . +
Sarah, wife of James Cowden , deposed she was a washerwoman in York Buildings, Buckingham-street; that she employed the prisoner to wash and iron; that she miss'd a shirt she had to wash, mark'd I. B.
Frank Rotchford, a pawnbroker, produced a shirt marked the same, pawned to him by the prisoner, which the prosecutrix deposed to.
John Connoly deposed he was learning to dress hair at Mr. Garritte's; the prisoner came in to have his hair dressed; no other person was in the way; he undertook to do it as well as he could, and when the prisoner went away, he took his hat, which he missed soon after. By enquiring about, he found him and took him up with his hat on his head. (Produced and deposed to.)
I took the hat in a joke.
Guilty . T .
446. Elizabeth Walters , spinster , was indicted for stealing a pair of stone shoe-buckles set in silver, value 20 s. one pair of iron buckles, plated with silver, value 1 s. one pair of file-stone ear-rings, set in silver, value 5 s. the property of William Amory , August 16 .
William Amory . I deal in hard ware and silver ; the prisoner came to my shop in Holborn on the 16th of August, under pretence of buying some, stone buckles and ear-rings. She chose some, and ordered them to be sent to a house in Great Kirby-street, saying she was niece to 'Squire Mitchel. After she was gone I missed a pair of plated shoe-buckles, and a pair of stone shoe-buckles. The next morning I took her in Cold-Bath-Fields; she immediately begged I would speak to her by herself, and said she would restore my things; she restored both pair of buckles, and a pair of file-stone ear-rings, which then I had not missed, and said she took them out of my shop.
Guilty . T .
William Hall. I am a coach-maker at Greenwich : on the 28th of March I lost a pair of coach harnesses out of my yard: I advertised them; I found the harnesses on a pair of horses in the street by accident at Charing Cross. The coachman told me he bought them of a man for his mistress, and that she lived in Great Marlborough Street; which I found to be true.
James Lovat . My mistress ordered me to buy a pair of harnesses; the prisoner brought a pair into Marlborough street, and offered them to one Clarage; I bought them for half a guinea; when I found they were stolen, he came afterwards; I asked him if he had any bridles; he said he would bring me one on the Saturday; I took him directly: I have three witnesses here to prove I gave him the full value for them.
I know nothing at all of it.
Guilty . T .
448, 449. (M.). Elizabeth Turpin and Sarah Robinson , spinsters , (together with James Hornsby , not taken,) were indicted for stealing eleven guineas, the property of Thomas Minshel , privately from his person , August 1 . +
Thomas Minshel . I am a seafaring man ; on the 1st of August, between nine and ten at night, the two girls at the bar persuaded me to go to a public house, the Cooper's Arms, in East Smithfield; after that, they took me to the house of James Hornsby , a private house: Turpin agreed to lie with me: Hornsby and Robinson came up stairs with us: I desired them to go down; I gave them a shilling to drink: they went down: when the candle was out, they came up again, and troubled me for more money to drink: I had no more money than was among my gold, in my
Robinson. My name is Turpin.
Prosecutor. Then you have changed your names: (which appeared to be the case). I did not see her that called herself Robinson by my bedside, when they took my money.
Robinson, whom the Prosecutor call'd Turpin,
Guilty . T .
The other Acquitted .
450. (L.) John Walton was indicted for stealing a table-cloth, value 12 d. two silver tea-spoons; value 2 s. two china cups, and two china saucers, the property of Thomas Robinson , in a certain room let by contract , &c. July 2 . ++
It appearing the things mentioned in the indictment were not let with the lodging-room, but sent to the prisoner, he was
451, 452. (L.) Elizabeth Stanmore , spinster , and Alice wife of John Calvert , were indicted for stealing twelve ounces of green tea, value 4 s. two quarts of rum, value 5 s. one glass bottle, value 4 d. two pounds weight of soap, and two pounds weight of loaf-sugar , the property of Joseph Wilkinson , August 1 . ++
Mary Wilkinson . Joseph Wilkinson is my husband; we keep a public-house in Mark-lane : Stanmore was our apprentice ; Elizabeth Jervis told me on the 22d of August, I had too good an opinion of her, and if I would go to Ann Terril , I should find things that I was unacquainted with. I went and advised with Mr. Winslow; he and I went to Terril's; she produced us two trunks, which she said belonged to Stanmore; I opened them; there were a great number of good things; lace, handkerchiefs, buckles, buttons, lawn, cloth cut for shifts, a silver snuff-box, and other things: I brought the boxes and things home: when Stanmore saw the boxes, she confessed the things were bought with money she had stolen from her master; she owned she had taken money out of his breeches pocket when he was gone to bed, and money out of the till; and that she had given tea, rum, and soap, to Calvert, who was my nurse, whom I thought I could have trusted with five hundred pounds. Calvert confessed before the Alderman, that it might be about three quarters of a pound of tea.
Stanmore said nothing in her Defence.
I am innocent of the charge.
Mr. Winslow. I have known Calvert six or seven years; I have heard Mrs. Wilkinson give her the best of characters.
Mrs. Wilkinson. I have recommended her to nurse to every place I could, and thought her as honest a woman as lived before this.
Both Acquitted .
(L.) Stanmore was a second time indicted, for stealing a pair of silk stockings, value 2 s. 6 d. 240 copper half-pence, two quarter-guineas, and seven shillings and six-pence in money, numbered , the property of Joseph Wilkinson .
Mary Wilkinson . When the trunks were brought home, as before mentioned, the prisoner immediately confessed taking about half a guinea out of the till, which I mentioned to her I had one day miss'd, when I left it open. She confessed at our house, and before the Alderman, she had taken about eleven guineas, and a pair of silk stockings, which she took out of a box. (Produced and deposed to.) She owned to taking two five shilling papers of half-pence.
Elizabeth Jervis . On the 18th of August I miss'd a gold ring; the prisoner said she would lend me one till I got another; she brought it in the afternoon: she said a gentleman gave it her and several other things. On the Friday after Ann Terril came to wash; then in conversation I found the prisoner had many things at her house; so it came out; I saw my mistress's silk stockings found.
The prisoner said nothing in her defence.
Guilty . T .
453. (L.) Eleazar Davis was indicted for stealing a gallon of brandy, value 2 s. one gallon of rum, value 2 s. two glass bottles filled with Lisbon wine, value 2 s. one glass bottle filled with Madeira wine, and one quart of porter, value 3 d. the property of Joseph Wilkinson , August 1 .
Joseph Barrow . The prisoner came to me one day, and said, We both want money and watches, and said he could put me in a way to get money: he ask'd me if I had any ordinary rum; he could sell it for 2 s. a bottle; he brought a bladder on the Sunday morning; I could not come at any; so I put about a quart of porter in it, and he took it away. On the Sunday following he came again; I got him two bottles of wine; he put them in a bag that he had, and carried them away. On the Monday he gave me two bladders in a bag; I put about a gallon of rum in one, and a quart of brandy in the other. He came on the Sunday morning following down into the cellar, and took them away in a bag. On the Sunday after, he said his mother was very ill, and wanted a little rum: after that he said she was no better, and she liked Old Hock or Madeira. On the Wednesday night he came, and I gave him some Madeira through the door.
Q. from prisoner. Did you not first put this to me, and I never ask'd you?
Barrow. I never did propose such a thing to him.
Richard Jones . The prisoner is my apprentice; I found these bladders and bag in an old hamper in my shop (producing them). This was after the lads were discovered. He is about seventeen years of age.
Barrow owed me money; and whenever he offered it, I always told him, money was of more service to me than liquor.
Q. to Jones. How has the prisoner behaved?
Jones. He lately had a good deal of acquaintance that I did not like; on which account I did not chuse he should go out of my house after nine o'clock.
Guilty . T .
Mary Wilkinson . My husband took the prisoner home in order to take him apprentice: he went with us before the Alderman: I did not in the least imagine he was guilty of any thing; he went to be a witness; there he confess'd, that Davis told Barrow, if they did not get him to do something as bad as they, he would blow them; that they made him drunk, and then he took silver and halfpence out of the till.
Q. Had you us'd to give him liquor?
Barrow. No; we have drank a little liquor together: he saw Davis come down into the cellar to take liquor away, and Davis told me he would give him some liquor, that he should not tell.
I did not take any money.
Guilty . T .
Peter Price , late mariner on board his Majesty's ship the Yarmouth , June 26 . +
Edward Hooper . The prisoner applied to me by the name of Mary Price , and produced this probate of the will of Peter Price , late of the Yarmouth (producing a probate, &c.) and said she was widow to him. I inquired for a certificate of her marriage; she came again, and brought one; but since I find it is a false one: she had some money of me then; she had a company of people extremely clamorous, pretending they had demands on her five or six times: the-last time she came was on the 26th of June; I said she had had so much before, that she would have nothing for herself, if she went on in this manner. The probate of the will mentions the wife executor, and I found there was money due: I let her have more: the amount in the whole was 6 l. 18 s. 6 d. I wrote the note, and called in John Smith , who witnessed it: she received that money, calling herself Mary Price , widow of Peter Price . I saw her make her mark; John Smith wrote on it Mary Price , her mark; and on the 20th or 21st of last month Hannah Bourk came to me, and told me this was a forgery, and said there were a great many of the gang: she said the prisoner's name was Mary Collins , and what money she was to have for acting that part in getting the money. I took up the prisoner; she confess'd to me she had the money, and her name was Collins.
John Smith . I saw the prisoner make her mark on this receipt (taking it in his hand); I witnessed it, and ask'd her her name before I wrote, the mark of Mary Price . This was on the 26th of June. The probate was left with me as a collateral security.
Q. to Hooper. How much money did you advance when this note was sign'd?
Hooper. She had had before upwards of three guineas; she had the rest on the 26th of June, to make up 6 l. 18 s. 6 d.
Q. Can you mention the sum she had that day?
Hooper. I cannot tell the exact sum.
Smith. I saw the prisoner take some money; there was more than 20 s. but I did not particularly remark that.
Robert Hassman . I am a clerk in the Navy-office; he produced the pay-book belonging to his Majesty's ship the Yarmouth; Peter Price served on board her: there were wages due to him to the amount of near 20 l.
Hannah Bourk . I have known the prisoner about eight years; I have not seen her this seven years, till within six or eight months; her name is Mary Collins , now she goes by the name of Richardson; she lives with a fellow named William Richardson : this probate was left at Mrs. Murrey's by him; there was one John Barns there; the prisoner said, she would go and get the money: then Mrs. Murrey said, she might take the probate, and go.
Ann Murrey . I have known the prisoner about eight months; her name is Mary Collins : I have been intimate with her four months; she keeps company with Richardson: I heard her say, she would go and fetch some wages in the name of Price, on the paper Richardson left at my house.
When I first came to Mrs. Murrey's house, she said, she had had the probate by her five months; they got a gentleman to recommend me to Mr. Hooper; he first lent me half a guinea on it, and after that he let me have more; and at last it was six guineas and a half: the next day the woman and her sister quarrell'd with me, and bid me go for more: Mrs. Murrey bid me give Barnes a guinea, and the man that recommended me, half a guinea, and Mrs. Murrey gave me but half a guinea out of it: I got a guinea of Mr. Hooper after I had the money he mentions.
456, 457. (L.) Jane Care and William Richardson were indicted for forging a certain acquittance for the payment of money, and publishing the same with intent to defraud the person intitled to the wages or monies due to John Steward, deceas'd, late mariner on board his Majesty's ship the Epruye , June 14 . +
William Hoggard . I am clerk to Mr. Cort, an agent in the Navy, in Crutched Fryers: Richardson came to me and said, he was recommended to me by a gentleman of reputation, whom I knew very well; Care was with him. Said he, this woman had a husband on board the Epruve; they had got the administration and a certificate from the parish to prove that she was the woman: I had the books of the office; Care came to me the next day, and said, she was very poor, and desired I would let her have some money: she came by the name of Steward, the widow and executrix of John Steward :John Steward ; I had the probate in my custody: the ship was called, and the money solved to the woman upon the pay-book; I desired her to stay that I might speak to the clerk: she came in, and Mr. Ratcliff ask'd her, if she was the widow of John Steward ; she said, Yes: it did not suit him to give her the money then; she desired the money might be paid to me for her; I then let her have another guinea: the next day I was going out, she came, I then gave her half a guinea: I happen'd to see Richardson in the street, said he, I understand you have the money for the woman; I said, if she will come up to me to night by five, I will pay her the money: accordingly they came both together; the woman seemed to be in liquor: Richardson being sober, and as he was recommended by a worthy person, he told me he was something in the coal business, I made out the receipt: I knew she could not write her name, because she had signed two or three before: she made her mark in the name of Jane Steward: after I had made out the receipt, I said, Mrs. Steward, please to make your mark; she made her mark, and Richardson signed it as a witness, and I paid her the rest of the money to make what she had before, 32 l. 19 s. 6 d.
Q. How much money had you paid her before?
Hoggard. I believe she had had three guineas before.
Q. Have you any receipt here she gave you for any of that money?
Hoggard. I have one. (Producing one signed by her mark for a guinea.)
The receipt in question read to this purport:
"14th of June, 1765, received of William
"Hoggard, 32 l. 19 s. 6 d. being the amount of
"my husband's wages due on his Majesty's ship
Hoggard. I saw Richardson sign this as a witness, and saw her put her mark: upon my oath, there were not above three guineas paid her before I paid her the whole: I have a witness here that saw me pay the money; the first time was the latter end of May, the last the 14th of June.
Francis Brittain . I know the woman at the bar; her name is Jane Carr , or Care; she lodged with me; I never heard any other name she went by, till this affair: Richardson lodged at my house about fourteen or fifteen months ago; she went for his servant: I live on Saffron-hil l; strange people came to inquire for her in the name of Care Bourk lived with Richardson as his wife; I have heard them all quarrel, when they got fuddled: Bourk would call him old forging rascal.
Elizabeth Bourk . The woman at the bar is named Jane Care ; she lived servant with me when I kept a cloaths-shop in Westminster, between two and three years, near four years ago: she said, the person whom she administer'd for, was named John Steward : she lived backwards and forwards with Richardson and me, and went by no other name than Care, since that will was produced, till she took this money: when people came to ask after her, they ask'd for Jane Care : I live in a room at Brittain's.
Both Acquitted .
Richardson was remanded back to Newgate.
See him an evidence to save Thomas Bride from the gallows, who was tried for forging a seaman's will, No. 392. in Mr. Alderman Cokayne's mayoralty, in 1751. See him tried, No. 105. in Mr. Alderman Beckford's mayoralty. See him, his wife (the same that appeared on this trial by the name of Bourk) and William Barlow , three evidences against Mr. Goswell, No. 41. in Mr. Alderman Beckford's mayoralty; and see No. 436, 437. Barlow tried and cast for a forgery. See Richardson tried for the same, No. 62. in Mr. Alderman Bridgen's mayoralty.
William Huffam deposed, that he was a silk-dyer; that he had stole silk, and sold it to him when he worked in town, for a shilling an ounce, and that he knew he stole it; that when he left London, the prisoner proposed to trade with him in the same manner, when in the country; that he went and worked with Mr. John How , a silk-dyer, and stole silk there, which he sent to the prisoner,
Prior to his giving evidence, the copy of the record of his trial at Coventry, on the 15th of July last, and his conviction for the same, for which he was branded, was read in court.
There were three letters, which William Lee deposed to be the hand-writing of the prisoner, read in court, directed to Huffam, confirming that of his receiving a parcel or parcels, and which way be intended to send the cash down to Huffam.
John Hewtin deposed, Huffam was taken up for stealing silk, the property of John How , at Coventry; he confess'd he sold it to the prisoner; that he was sent up to know whether the prisoner received a parcel of the said silk; and when the prisoner came according to the direction of a letter, signed Huffam, to the Castle and Falcon, he took him in charge as soon as he took the parcel in his hand (producing a parcel) on the 16th of April; but there was a chasm in the evidence; the parcel had been taken out of one carrier's hands, and some time in the hands of Mr. Alderman Hewett, of Coventry, who sent it to London by another, and Hewtin to take the prisoner, when he came for it: but there was no evidence in court to identify the parcel produced, to be the same the prisoner delivered to the first carrier.
He was Acquitted .
459, 460. (L.) John Northfield and Mary his wife , were indicted for receiving a yard and three quarters of lawn, and four worsted stockings, well knowing them to have been stolen by Richard Gammon , the property of Robert Short , April 24 . ++
For want of room here, the reader is referred to the trial of Gammon, No. 309, in this mayoralty: the prisoner there goes by the name of Norfolk.
John Acquitted .
Mary Guilty .
The record of the conviction of Thomas Brown was read, indicted for stealing butter and a wicker-basket, tried Dec. 10, 1763, at Justice-Hall in the Old Bailey, wherein it appeared he received sentence to be transported for seven years.
James Sullivan . The prisoner's name is William Dukes ; he was tried here by the name of Thomas Brown , for stealing some butter out of Leadenhall-market, belonging to Chantlin or Champlin: he was convicted upon it: I took him in Rosemary-lane, and took him coming out of a slop-shop. The young man that came to my assistance was hanged yesterday (meaning Grief). This was on the 31st of July last.
Please to inquire into Sullivan's character, how he gets his living. If he had his deserts, he would have been hang'd with his partner yesterday.
Q. Is he to be believed upon his oath?
Rackham. I believe he ought not to be believed upon oath: I have heard Delaney say he was a thief.
Prisoner. Please to call my father.
Paul Dukes . I believe, if the prisoner had been in Newgate, I should certainly have gone to see him; my only son, my eldest son. I never knew him to be transported by the name of Thomas Brown : I never knew him go by any other name but that of William Dukes . When this man and Grief took him in custody, they carried him from place to place to extort money from him. Sullivan proffered to let him go, if I would give them five guineas: I thought they would have got all his wages from him.
Sullivan. The prisoner told me he had no money.
After he was acquitted, he acknowledged himself to be the person transported by the name of Thomas Brown , tried in December sessions, 1763. See No. 60. in Mr. Alderman Bridgen's Mayoralty. He desired to be continued in Newgate to go with the transports to serve out the remainder of his time.
George Farr . I am a grocer , and live at the corner of Watling-street . The prisoner had lived servant with the Reverend Mr. Cheap of Batter-sea: I did not know but he continued there when he came for these goods. I have only indicted him for the last parcel: he had had eight different parcels; the last was on the 15th of August; he
Another young man was concern'd with me in the things.
Guilty . T .
The trials being ended, the court proceeded to give Judgment, as follows:
Received Sentence of Death, Eight.
Anthony Delaney , James Grief , and Maria Jenkins, executed according to their sentence on Monday the 23d; Elizabeth Gould , Sarah Cox otherwise Fisher, Benjamin Robert Turbot , James Haines and John M'Kenzie. Elizabeth Dunn 's sentence respited.
Cox pleaded her belly, and a jury of matrons were impannelled, and brought in their verdict, Not quick with child.
Transported for Seven Years, Forty-six.
Thomas Radley , Catherine Lovell , James Farrell , John Watkins, Joseph Wiggan , Joseph Littleton , James King , Daniel Wing , Elizabeth Stanmore , Eleazar Davis, John Curtis , George Spisor , Henry Smith , Joseph Langham , Elias Morin , John Burch, John Spragg , William Ealey otherwise Keeley, William Rock . Hannah Bolton , Daniel Conner , Thomas Erkenn , Patrick Quin , Thomas Devine , Sarah Buckinhall , Samuel Platten , Richard Ranse , John Wellins, Thomas otherwise John Cross, James Weeks , John Robinson . Andrew Horn , William Till , Thomas Erkenn, William Davis, Henry Palmerston. John Symmonds , James Munden , John Eves , Ann Swift , Edward Jones otherwise Williams, John Hatchman , Stephen Boucher , Elizabeth Walters , Richard Manley , and Sarah Robinson .
Curiously engraved by the best Hands, a new Edition, being the Fifth,
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BRACHYGRAPHY; or, SHORT-WRITING made easy to the meanest Capacity. The whole is founded on so just a Plan, that it is wrote with greater Expedition, than any yet invented; and likewise may be read with the greatest ease.
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