Printed for J. WILKIE, at the Bible, in St. Paul's Church-Yard,
King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of LONDON, &c.
Before the Right Honourable GEORGE NELSON , Esq; Lord-Mayor of the City of London; the Honourable Sir THOMAS PARKER , Knt. Lord Chief Baron of his Majesty's Court of Exchequer *; the Honourable Sir HENRY GOULD, Knt. one of the Justices of his Majesty's Court of Common Pleas +; the Honourable Sir JOSEPH YATES , Knt. one of the Justices of his Majesty's Court of King's Bench ||; JAMES EYRE , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer for the said City and County.
N. B. The characters * + || ++ direct to the judge by whom the prisoner was tried; also (L.) (M.) by what jury.
72. (L.) MARY, wife of Stephen Woolf , was indicted for stealing one linen shirt, value 3 s. three pieces of linen cloth, value 2 s. and four other pieces of cloth, the property of Susannah Palmer , widow , Dec. 12 . ++
Susannah Palmer . The prisoner came to me nine weeks ago, and was with me some time. About seven weeks ago the things mentioned in the indictment were missing: I was then in the parish-house: my sister missed them. I went to the pawnbroker where the prisoner frequented, and found one shirt and the body and sides of another. The prisoner sent another person to the pawnbroker, who was stopped with the other things upon her.
Sarah Stepion . I am sister to the prosecutrix: I informed her these things were missing on Friday the 13th of December, in the evening. We suspected the prisoner, she not coming home that evening. I went with my sister to the pawnbroker's, where we found one shirt, and the body and sleeves for another: there was Esq; Henley's name upon the shirt, she had had that to make the others by. The pawnbroker stopped a woman about half an hour after we came away, with some of the cloth, and sent for us.
Nicholas Simonds . I am a pawnbroker, I live at Mrs. Rodbird's, Black-friars; the prisoner pledged a shirt body and pair of sleeves and the pattern shirt for 2 s. the others for 6 s. She brought them both in the name of Mrs. Finley, who came and said they were her property: she bears a good character, and lives in our neighbourhood. She since owns she was deceived by the prisoner. On the 14th of December another woman came with other pieces and a petticoat, in the name of the prisoner. I got a constable and took Woolf
It is true I took them, but not with intent to defraud her. My husband used me ill, and I took them in order to raise a little money to pay a debt.
Guilty . B .
73. (M.) Brian Swinney was indicted for that he, on the King's highway, on Timothy Dunn , did make an assault, putting him in corporal fear and danger of his life, and taking from his person one hat, value 12 d. one perriwig, value 12 d. one silver knee-buckle, value 2 s. and one Pinchbeck seal, his property , Nov. 22 . +
Timothy Dunn . I live in Old Gravel lane, Wapping: I work at water work and engine work with Mr. Gregory at Execution-dock. On the 20th of November I had been at Ratcliff-cross to one Mrs. More's, at the Bull-Head, Mr. Cohan went with me. I came back, he parted with me at the Fox. I had left some tools at Timothy M'Donnel's house, Old Gravel-lane, about a week or two before. I called for them: I took nothing with me but a chissel which I wanted to use next day. I went towards my lodgings near where I work. I went in at the Swan in King-street , a public-house, about a stone's throw from my lodging: while I sat there I had two or three pints of beer. I treated two or three men there to make a friend, because a man is in danger of his life, if out late, it is a bad place: I staid about half an hour, I saw people I did not like made me go the sooner; this was between nine and ten. I was knocked down in the street before I was aware of it. The first blow I received on my shoulder, had it been on my head I am sure I should never eat a bit; it was with an iron bar. The next blow was on my head, then I fell: at first I was a little stunned, but soon recovered my senses, and saw it was the prisoner. I felt a tug at my watch, the chain broke; I put my hand to my watch and held it, he did not get it out. I lost a pinchbeck mettle seal: then he took my knee-buckle, and tore part of the strap of my breaches away with it; then he took my hat and wig.
Q. Did you see any body near you besides the prisoner?
Dunn. I did several, but I did not know them: they came to assist him, there were some men and some women. I had hold of the prisoner, and I ran the chissel at him: I intended it at his throat, but I cut him on the left cheek. I was then standing up and the blood spirting upon me. Then I got out of his hands, and made the best of my way back to M'Donnel's, and told him what had happened; there I borrowed his hat and wig, and went home to my lodgings. The next morning I went and got a warrant from Justice Fielding, and brought two officers from there to take the man. I was told that day his name was Swinney. I met him in the street about a fortnight after, opposite M'Donnel's house: I seized him and said, You villain, you are the man that robbed me. I led him in at M'Donnel's; I charged four men with him, and went for an officer: when I returned he had made his escape. I found a bill of indictment against him last sessions, and on Christmas-eve I happened to meet with him again near the same place, and brought him into the same house, and got an officer and took him before Justice Fielding, and he was committed. I do not remember that he said a word in his defence, only that he said I struck him in the street.
Q. Did you observe the wound then?
Dunn. I did: there was a sear, and it was a little raw.
Q. Was it light or dark?
Dunn. It was a dark night; when I was making my escape from him, I could not see the posts, but I am sure it was the prisoner, I could see his face when he had hold of me, there is the same scar now on his cheek. About a week after the widow Doudle, that keeps the house, delivered me my hat and wig before the Justice in Shadwell.
Q. How was he dressed?
Dunn. He had a blue jacket and trousers on.
Q. How was he dressed the other two times you saw him?
Dunn. In the same dress.
Q. Did you know him before this happened?
Dunn. No I did not. I got the warrant for one Swinney, whose christian name was unknown.
I went in at that house, the Swan, and got a pint of beer after supper, the prosecutor was sitting there; he went out and I sat in his seat: he came in and asked me what business I had in his seat, and bid me go and sit in my own seat. I said do not be angry. Said he, do you know who you are speaking to, you are talking to a
Q to prosecutor. Did you see the prisoner when you was in at the Swan?
Prosecutor. No; not to my knowledge.
Q. Had you any quarrel there with any body?
Prosecutor. No, I had not.
Q. Did you strike any body in that house?
Prosecutor. No, I did not.
Q. What sort of an iron bar was you knocked down with?
Prosecutor. It was an iron poker.
Q. What countryman are you?
Prosecutor. I am an Irishman.
(The witnesses for the prisoner were examined apart.)
Cha. Mahony. I lodge in Mrs. Doudle's house at the Swan. The prisoner used to come there almost every night for a fortnight or three weeks before this happened.
Q. How long have you lodged there?
Mahony. About nine months. I draw beer there. Dunn used to breakfast and dine there very often.
Q. What business is the prisoner?
Mahony. He works with the bricklayers . I cannot mention the day to be certain, but I was by when this dispute was. It was on an evening, between nine and ten o'clock; Dunn came in first and called for a pint of beer, I drawed it, then he called for a full pot; before that was out, in came the prisoner and a woman with him.
Q. Did you know the woman?
Mahony. I never saw her before to my knowledge. They sat down in the same room, Dunn on one side the fire, and the prisoner and woman on the other facing him.
Q. What company else was in the room?
Mahony. There was nobody else but a young fellow, a sailor.
Q. How long were the prosecutor and prisoner in the house together ?
Mahony. I believe about an hour, drinking together. Dunn said to the prisoner I know that woman: the prisoner said, what do you know of her? Said Dunn, I know her to be a bad woman. The prisoner said she was a married woman and an honest woman. Said Dunn, Do you know who you are talking with, and called for another pot; the sailor and I helped him drink it. When that was out he got up and said he would lick Swinney. He went out at the door and desired Swinney to come out. Swinney took the poker from the fire side in his hand, and when he was at the threshold of the door, Dunn struck him with a stick; Swinney throwed him down close to the street door; then Dunn got the prisoner down; they got both up; then Dunn made a step forward and struck Swinney with the chissel; Swinney never struck him with the poker. I said for God Almighty's sake do not strike him with it. The prisoner bled very fast where he was cut with the chissel; he came into the house and bled a great quantity. I went out and found Dunn's hat and wig, and Swinney's hat, they lay just by the door. Dunn went off.
Q. How long did the prisoner stay after this?
Mahony. He staid better than half an hour in the house after.
Q. to prosecutor. Do you remember seeing this witness in the street when you was thus used?
Prosecutor. He came with a candle and lanthorn to us.
Mahony. I had a lighted candle, but no lanthorn.
Q. to prosecutor. How far was you got from the house before you was attacked?
Prosecutor. Seven or eight yards from the house.
Q. How long had you been out of the house?
Prosecutor. It was rather under two minutes before I was attacked.
Margaret Doudle . I keep the Swan. The prosecutor and prisoner both used my house. Dunn was in that night before the prisoner; and called for a pint of beer; after that he called for a pot, and sat down by the fire. The prisoner came in and called for a pint of purl, a woman came with him.
Q. Did you know the woman?
M. Doudle. She lives in the neighbourhood. They sat down by the fire opposite to Dunn. There was no body else in my house but Mahony and one M'Carty, a sailor; they both lodge in my house, they are seafaring men.
Q. How long were the prisoner and prosecutor in your house?
M. Doudle. I believe Dunn was in the house about an hour; the prisoner not above half an hour. Dunn said to the woman, he knew her: the prisoner said, what do you know of her? Dunn said she was a bad woman. The prisoner said she was a lawful married woman, so words
Q. Had the prisoner any thing in his hand?
M. Doudle. I said, take care, he has got a chissel in his hand, he will do you a mischief; so the prisoner took the first thing that came to hand: he took the poker, and the engagement was at the door.
Q. What dress was the prisoner in?
Doudle. He was in a blue jacket.
Edward M'Carty. I live in the house of Mrs. Doudle. I was above. I heard a noise below stairs. I looked out at the window; I saw Dunn come out first, and Swinney after him. Dunn struck at him once or twice with a stick. Swinney struck at him again, and knocked him down; he got up again, and came with a chissel and drove it at Swinney. I saw the blood come out, then Dunn ran away and dropt his hat and wig.
Q. Was it light or dark?
M'Carty. There was a candle in the street, and I had a candle in my own room.
Q. How far was the fray from the door?
M'Carty. About the distance of three yards.
Q. Who held the candle in the street?
M'Carty. Mahony held it.
The jury declared they had a very bad opinion of the prosecutor.
Q. Describe him.
Wright. He had a few white hairs on his forehead, by trying to make a star, but it was not a proper one.
Q. Did you ever see him again?
Wright. I saw him since I came to town. I advertised him, by which means I had information. He was at the Sun, in Gray's-inn-lane, a livery stable; there I saw him this day se'nnight.
Gilbert Andrews . I live at Leicester. I was at Mr. Wright's house the last day of the old year. I saw this bay gelding then, and he was gone the next morning. I came up with Mr. Wright, and saw the gelding at the Sun, in Gray's-inn-lane, and know him to be the property of Mr. Wright.
Christopher Clark . I am ostler at the Sun; in Gray's-inn-lane. I took the bay gelding in of I believe, the prisoner at the bar, a fortnight yesterday, the same which the prosecutor and has evidence came and owned. I know it was the prisoner at the bar that came and owned him the next morning; he wanted to sell him to my master, and they talked about it: I believe they had made a bargain, but am not certain. I heard the prisoner say, he had rode him 90 miles that day. I asked him where he came from, he said from Market-Harborough.
Joseph Chauler . I keep the Sun in Gray's-inn-lane. The horse was in my stable. I was not at home when he was brought in. The next morning I saw him. The prisoner came and ordered him to be fed: he said the horse was to be sold, and that he would take him to Smithfield market. On the Friday he came about noon, and said he had changed his mind; he would not take him to market, he would go first, and see how the market went, and if it would not do, he would send him into the country. On the Saturday morning we agreed for the horse. I was to have given 7 guineas and a half for him; then he said he would take him away, but I believe he had not money to pay for his standing. I went to fetch the money, and the ostler brought me the Advertiser, where I saw such a horse described. I took the paper to the stable, and examined the marks of the horse, and found it to be a proper description of that horse; then I sent for a constable, and had the prisoner secured: after that he persisted in it that he had bought the horse.
I lay at Oakham, at the Magpye, the last day of the old year. I set out for London by times in the morning, and a gentleman overtook me on this horse 2 or 3 miles on this side Oakham. I walked by the side of him about a mile; he asked me if I had a mind to buy a horse, and said he was short of money. I asked him what he asked for him: he asked 8 guineas. I bid him six. He went about a quarter of a mile farther, and said I should have him. I paid him 6 guineas for him.
To his character.
John Marshall . I have lived several years clerk at Mess. Hope and Stubbs's brewhouse. The prisoner was there a year when I was there. I never heard any thing ill of him the time he was there. I have trusted him to go into many cellars, where was value. He was always well respected with us, and others in the neighbourhood that knew him. I have left the brewhouse, and am now in business for myself.
Job Forrest. I keep the tap-house belonging to the brewhouse, where the prisoner lived. I have known him 3 or 4 years; he lived next door to me. I always looked upon him to be a very honest young fellow. He comes from Leicestershire.
William Jackson . I live at Walthamstow, in Essex. I have known the prisoner ever since he was a child. We were both born at Lubenham, in Leicestershire. He bore a very good character. When I came up, he lived in a farmer's service.
Q. How long have you been come from that country ?
Jackson. I have been come from thence 6 or 7 years. I am in business for myself. He lived with me 6 weeks last summer. His brother and I keep the stage at Walthamstow.
Prosecutor. His friends are very honest people. I would be glad to recommend him to mercy.
Guilty . Death . Recommended.
75, 76, 77. (M.) William Higley , Martha Higley , otherwise Martha, wife of William Buterfield , and Anne Higley , spinster , were indicted, for that they, on the 16th of December , about the hour of 8 in the night, on the same day, the dwelling-house of Anne Furnican , widow , did break and enter, and stealing one gold ring, value 5 s. a pair of gold ear-rings, a flat iron, a silk sack and coat, five linen aprons, four linen frocks, a piece of linen cloth, three yards of thread lace, three gauze handkerchiefs laced, one gauze apron, a French bead necklace, a stone necklace, a muslin gown, two guineas and three shillings in money numbered, the property of the said Anne, in her dwelling-house . +
Anne Furnican . I live in Sugarloaf-court, Goodman's-yard, Goodman's-fields . I am a laundress . The prisoners lived next door but one to me; they are mother,son, and daughter; she follows the same business that I do. On the 16th of December, I went out between 5 and 6 in the evening; one of my neighbours sent to me to make all the haste I could home, for my house was broke open. This was a little past 8 o'clock. I was about a quarter of a mile from home upon business.
Q. Did you leave any body in your house when you went out?
Furnican. No, I did not. I locked the door, and took the key in my pocket.
Q. How had you fastened your window?
Furnican. I fasten that with a shutter with a bolt; sometimes I pin it with a pair of scissars, and sometimes other things. I came home, and found my window shutter down on the ground: it was a sash window; one pane was broke. I went in and missed the things mentioned in the indictment, which were in my drawers when I went out: there were three locks broke. Martha Higley brought the muslin gown, which was the property of a person I wash for, and a gauze handkerchief, and delivered them to me in my room. I was so much frighted, I don't remember what she said, how she came by them. I went to the Swan, to tell a friend of mine I had been robbed. My neighbour that lives between the prisoners and I happened to be there; his name is Blaze; he told me he had reason to suspect the boy at the bar. The next morning I went to the headborough to know what I must do; there I saw the old woman, Martha Higley , sitting by the fire. I told the headborough's wife I had been robbed the night before: in the mean time her husband came in. I told him. He bid me to go to the Justices in Whitechapel for a search warrant, if I had a suspicion of any body. I went, but was told I could not have a warrant without I could swear against some body. As I was coming home, I met Anne Higley : she told me Mr. Coves the headborough wanted me at the house of her father and mother: I went there: there were some of my goods lay wrapped up in an apron: they asked me if they were mine; I said they were part of what I had lost.
Furnican. No, never; I never had a word of ill with her in my life.
Charles Blaze . I live next door to the prosecutrix. On the 16th of December, about half an hour after 6 at night; it was sharp frosty weather, I was filling my two water tubs in the yard, the water running flush. I sent my girl to Mrs. Buterfield's, to borrow a pail. She went and borrowed one. The boy at the bar came out and walked backwards and forwards before my door. As I was coming with water I heard something Shap. I said, halloo, who is there? He answered, it is only I.
Q. How far is it from the cock to the prosecutrix's window?
Blaze. I imagine it to be about 30 yards.
Q. How far from the window was you when you heard that noise?
Blaze. I was coming with my pail: it might be 5 or 6 yards distant.
Charles Coves . On the 17th of December I had been in the city about business. When I returned about 11 in the forenoon, I found the prosecutrix in my house. My wife said, this woman has been robbed. Said I, who do you suspect? She said, she suspected some neighbours, and desired my advice how to proceed. I told her to go to the Rotation-Office, and make her complaint, and I apprehended they would grant a warrant on suspicion. Mrs. Buterfield was there at the same time, and heard me tell the prosecutrix to get a warrant on suspicion.
Q. What was her business at your house?
Coves. She came to tell us of a neighbour that was deceased. I had business out. When I returned, my wife told me the boy at the bar had been at my house, and desired me to go immediately to his mother's. I went there. Then he and the prisoner Anne, told me there were part of Mrs. Furnican's things below in their cellar. I went down with them, there I found this parcel of things (producing best part of the things lost.) They lay in an old sieve, squeezed up together. The muslin gown was delivered into my care before the Justices. I asked the mother how the things came into the cellar; she and the other two answered, they were entirely ignorant how they came there. They desired me to go again into the cellar, and take notice there was a window that looked into their yard; it was flat to the ground; no shutter to it. Whoever, put them down, must come into their yard and poke them down.
Q. Did you know the prosecutrix before?
Coves. I don't know that ever I saw her before she came to my house.
Q. How long have you known the prisoners?
Coves. I have known them a great while. I have been acquainted with them 8 years. I always took the boy to be an honest sincere had.
Prosecutrix. I never heard but that the lad was a very harmless lad.
The mother was asked if she chose to have her character asked of Mr. Coves. She answered, no.
I know no more of the things than the child unborn.
Martha's defence the same.
All three acquitted .
78, 79, 80. (L.) William M'Cullock , William James , and William Fowler , were indicted for stealing 50 lb. weight of raisins, value 12 s. and one frail, value 1 d. the property of persons unknown, January 8 . ++
John Prestage . I am one of the constables belonging to the kays . I heard Fowler was committed, being taken with a frail of raisins upon him. I went to the Compter, and asked him if he had any persons concerned with him; he confessed the two other prisoners and he had stole a frail the night before. I heard him confess the same at the Mansion-house. I went with him, and, by his direction, took them both; after which they both confessed they stole one on the Wednesday night, about 7 in the evening, and that they sold it to a chemist in Whitechapel.
William Rogers . I had charge of these fruit upon the wharf. I missed a frail on the Thursday morning. William Field told me he had a frail at his house, and the man they were taken upon was in the Compter; that was Fowler. I went to him, and desired him to make a discovery, if any body was concerned with him, which might be a means to get him off; then he told me of the other two men; that he got it from the parcel, and they carried it into the fields, and emptied it into their pockets, and went and sold it to a chemist in Whitechapel. I heard the other two confess the same. I know all their faces. I have seen them pilfering upon the kays daily. M'Cullock and James, Guilty . T .
Fowler, Acquitted .
Fowler was a second time indicted for stealing 50 lb. weight of raisins, value 12 s. and one frail, value 1 d. the property of persons unknown, Jan. 8 .
No farther evidence was given.
81. (L.) John Wright was indicted, for that he, together with Anne Baker , since executed, and Anne Hill , not in custody, in a certain alley near the King's highway, on Thomas Porter , did make an assault, putting him in corporal fear and
Thomas Porter . I am a ticket-porter . On the 8th of January, 1764, I went in at the Bell, in the Old Bailey, where I was drinking a pint of twopenny by myself. Two women were fetched in, Anne Baker and Anne Hill .
Q. Had you seen them before?
Porter. I had, two or three times, but never was in company with them. They sat down and said to their companions, we wish you would give us a dram. Said the woman, this gentleman will give you a dram, no doubt. I was pretty well dressed. I said, I would give them a dram of gin: they said they never drank gin, they drank rum. I said, call for a quartern, I'll pay for it. A man came in with a sort of rattan, and fell a laying upon Baker with it. I said, that is very bad usage; if she has done any thing amiss, you should take her to another place: upon that, the son-in-law to the woman of the house, said to me, Mr. Porter, come into this room: then the man fell a laying upon me. When I was out, he advised me to go home. I went out with that intent. I had not got past two doors from the house, before the two women came running after me, and said, now sir, you have seen us righted: if you will go to the King's Arms, in the Fleet-market, we will bring some men to see you righted. We went there; there was the prisoner at the bar. The woman said to him, John Wright , such a one has used Mr. Porter very ill, for taking our parts. Who are they, said he, and one Doleman. D - n them, we will see him righted. Said Wright, before you go, call for a pot of half and half, to put us in spirits before we go. I had a pot of half and half; then up we went to the Bell again; there they fell to writing, and asking one's name and another's name. I said, it does not signify, I have got no matter of damage, let them go. Said they, we must have something to drink: said I, what will you have: they said, a quartern would be too little, so I gave them a pint of rum: then the women said, we have seen you righted; we beg you will see us home, and as you are pretty well dressed, no body will meddle with you; they said they lived in Whitecross-street; at that time I did not know where Whitecross-street was: then we set out, and they went to Lingard's, at the King's Arms: there the prisoner and Doleman borrowed some money of me. I had known the prisoner on board the Africa, Captain Wood. He was a foremast man. I said I would stay no longer. I paid for all. We went out, and when we came to the White Hart, by Turnagain-lane, they said, this is the last house that will be up, let us drink here: they went in all four of them; I followed and treated them there with a pot of beer. There they fell to fighting one among another. There came in 8 or 10 watchmen. The prisoner and Doleman went away; then I and the two women went out, and up Turnagain-lane. When we came to the Blue Anchor, they said, where are you going? I said, I'll go no farther with you. They said, you shall go with us to Whitecross-street. At the time we were disputing, came 5 or 6 watchmen, and took us all three up to the watch-house, by St. Sepulchre's. One of them, named Chamberlain, knowing me, they let me go, but said, pray what women are these? I said, God knows. I know nothing of them no more than the dead. I know no ill of them. They let them go. Anne Baker said she was a captain's lady, and if I would go home with her, I should have a bottle of fine cordial, that her husband brought from the West Indies, and I need not be gone above a quarter of an hour. I went to the bottom of Fleet-market, and into Field-lane, then into Chick-lane, then into a dark dirty place, which I found since to be Blackboy-alley . When we were 2 or 3 yards in it, I said, I do not understand this part of the town: they said, they would shew me the way to Whitecross-street. Are you afraid of this place more than us? I said, if a woman is not afraid, I need not. They turned on the left till they came to the second door; they knocked at the door, and I heard a whistle immediately in the court. I was immediately surrounded by three men, and the two women. The prisoner was one: he took a truncheon from under his coat, and said, you old blackguard, have we got you here at last? Mrs. Barnsley opened her door, with a candle in her hand (I found the house the next day.) They swore they would have my life, money, and cloaths, before they left me. I said, for God's sake have mercy, I'll freely forgive every one of you. They laid on me with a great stick. The blood ran down me, and I was in a miserable condition. I held by the women; they pinched me to make me let go. At last, one of the men catched me by the heels, and hawled me down; they drawed me to the next door, and from thence to the dunghill: there I catched the prisoner's hand in my pocket, with a handful of money. I held it. I can swear very safely to him. The man that pulled me down was a tall man, neither Doleman nor the prisoner. I lost aAnne Baker is executed. (See No. 175, in Mr. Alderman Bridgen's mayoralty.) Anne Hill is since transported for another offence. (See No. 545, in Sir William Stevenson's mayoralty.) Doleman is since transported by another name.
John Hailey . I took the prisoner at Kingsland-green, in last sessions time; I brought him in a coach to Sir John Fielding 's: he told me going along that he should be glad to be admitted evidence, and said he was concerned with Anne Baker , who was executed for the same, in robbing one Mr. Porter, in Blackboy-alley. I then had never seen Mr. Porter in my life.
Q. What was the prisoner taken up upon?
Hailey. He was taken up upon stealing a box of dollars, and an ingot of silver, out of a cart.
Q. Who did he want to be evidence against?
Hailey. Against one Eggleston, and said he was concerned with him and Anne Baker : he gave the whole account of the dollars, and after that he ran away from us; I knew him before, and have drank with him at the Bell, in great Eagle-street.
This evidence has made his brags of what he shall have for casting of me, I have some evidences here.
For the prisoner.
Q. Did you know the prisoner before?
A. Page. I did, he worked for my brother, a brick-maker, in the brick-fields, last summer, about 3 or 4 months. The prosecutor pointed to a man in a fustian frock, who was taller than Jack Wright ; then the Justice said, if you know him, go and touch him; then he touched the other man, and said that is the man. Mr. Hailey told the prosecutor coming out, that that was the man that sat at the corner of the bench, in a plush coat.
Hailey. The prisoner had not a plush coat on, neither was that woman in the office at the time Sir John asked the question. I do not believe she was at Sir John's at all.
Abraham Kirby . I keep a public house, the Greyhound, in Red-cross-street, in the Greyhound Inn back gate in the Borough; the prisoner used my house for almost a year and a half, he always behaved well, and paid very honestly.
Q. to prosecutor. How do you know you lost 1 l. 13 s. 6 d?
Prosecutor. I lost more, but I chuse to swear to less.
82, 83. (M.) He was a second time indicted, together with James Wright and Mary Jane Evans , the two first for stealing 140 ounces of silver dollars, and parts of dollars, each ounce value 4 s. 4 d. value 37 l. 6 s. 8 d. 108 ounces, 11 penny-weights of other silver, value 30 l. 6 s. 13 ounces and 2 penny-weights, and 8 grains of antient gold coin, value 51 l. 3 s. 9 d. one foreign piece of gold coin, value 2 l. 15. s. 9 d. one other foreign piece of gold coin, value 20 s. 6 d. one metal tankard silvered, value 8 s. 3 metal pint mugs silvered, value 4 s. each ; the property of Thomas Wiggan : and the other for receiving 40 ounces weight of silver dollars, some foreign gold coin, and one metal pint mug, part of the said goods, well knowing them to have been stolen , December 4 . ||
Thomas Wiggan . The goods mentioned in the indictment are my property, I packed them up on the 30th of November last, and sent them from my house in Bristol to London; they were in a box, directed for Robert Salmon , Barbican, London: after which I had a letter from Mr. Salmon, that the box was not received.
Q. Who did you send them to the waggon by?
Thomas Hatton . I am porter at the Swan at Holborn-bridge, the carrier puts up there I had such a box out in my cart, directed to Robert Salmon , Barbican, London; I know it was on a Wednesday night, in December. I had been round to divers places with goods; going round by Moorfields I had a large case of books to deliver in at theFoundery , when we came up to the door, I ordered the carman to give me the case of books out; I then saw the box in the cart, the last words I said to the carman when I was going in with the case of books, was to take care of the cart. I came out again, and was going to Barbican to deliver the box; and the carman told me he had lost the little box: I asked him where he had been, he said he had been only in at the Foundery door, to look for his whip; then I ordered him to turn about and go home. I never saw the box since.
William Powell . I am a carman to the Swan-inn at Holborn-bridge; I was with the cart with these goods to Vine street, to Thames-street, and other places: we had a little square box with us. When we came to Moorfields the porter left me with the cart, while he took out a large case, and carried it in at the Foundery; I jumped out of the cart, and made up my tail rope, then I wanted my whip; I went and looked in at the two doors, and found I had set it in at the last door. I came and got up into the cart, and missed the little box; I had seen only two women near the cart, and they past by as I was bothered about my whip. I was not from the cart two minutes.
George Smith . I have here some part of the broad pieces of gold brought to me, (produced in court.) I believe they are antient coin; the woman at the bar brought them, and wanted me to buy them: this was on the 10th of December. I examined her how she came by them, she said she found them near a patten-maker's in Smithfield, at a corner; I told her I had a warning from Goldsmiths-hall of such things that had been stolen, and I must insist upon her going along with me to the persons they were consigned to, that was Mr. Hammond and Carter, part of the goods were for them; she went along with me to their house in St. Martin's-Le-Grand. Mr. Whitehead had information I had stopped a woman with some broad pieces of gold, he came to me and brought an officer; we took her to Sir John Fielding , there she said her name was Jane Evans , and gave us a wrong account of the place where she lived; but it happened there was a man there that knew her, he gave Sir John an exact account where she lived; he granted a search warrant to search her lodging. I, Mr. Whitehead, and two constables went, and in a drawer in her room we found this pint mug, (produced in court;) it is French plate. and this bag of dollars, between the bed and sacking. (produced in court) there are 47 of them; we carried them to Sir John, then he granted a warrant to take the two Wrights; James Wright lived with her. We went back to the house, expecting he would come home, but he did not; then we were informed John Wright lodged at Islington; we went there, and found John and James both in bed with a woman: we searched the room, but found nothing there; but in John's pocket we found 13 guineas, one 36 s. piece, and one dollar. He said the money was nothing concerning the gold and silver, that it belonged to Mrs. Allcock, upon a ticket he had delivered to her, to receive some prize money for him. The constable tied them both together, and took them to Bridewell.
John Hailey . I being a constable, was at Sir John Fielding 's with a prisoner, the woman was having a hearing: I said she is a neighbour of mine, that she lodged in Red Bull yard; Sir John gave me a search warrant. I went with Mr. Whitehead and the others, and in a drawer in her lodging we found this pint mug, and the dollars were found under the bed, on the sacking, and delivered to me, I being constable: we carried them to Sir John; then he issued a warrant to apprehend the two men. We went to the house in Red Bull-alley, and staid till between 1 and 2 in the morning; then we were informed John Wright lived at Islington: we went there with a watchman, and knocked at the door, no body answered. I saw by the watchman's light the key was on the inside the door; we broke the door open, and the watchman fell on his back in the room: I stepped over him, and went to the bed; there were the two men at the bar, and a woman in bed together. We searched the room, but found nothing: in one of John Wright 's pockets I found a dollar; then he pulled out 13 guineas, and a 36 s. piece, and said he had it of Mrs. Allcock, in Cow cross, on a ticket to receive some prize money. Before Sir John Fielding he was charged with this fact, and he denied it. He was taken to the Gatehouse; after that he was brought to Sir John Fielding again: I was there, the keeper said he had opened all the affair; then I heard him own he had hid the ingot of silver in the Spaw-fields: we went there, and it was found; but I was then on the other side of the field. He had told me at Sir John's door, he was going to look for a bar of silver, that he and James had hid there, and desired me to go with him, (13 Guineas and a half, a 36 s. piece, and a dollar, produced in court.) These I found upon him, and he gave us information where to find a person that had two other dollars; we went and got them, (produced.)
Thomas Clark . My uncle is keeper of the Gatehouse, but the business is all conducted by me. On the 13th of December, John Wright was committed to the Gatehouse; I found it was for a robbery of a capital nature. He called for a pint of wine, and seemed to be a little flush in money. I found one James Wright was concerned with him, I said to him perhaps the other person may make a discovery, and if you will, I will do to the uttermost of my power to get you made an evidence: he said he would. I called a coach, and took him to Sir John Fielding , and told Sir John he was willing to discover all, if he could be admitted evidence; Sir John said he should have all the encouragement he could give him, provided he told the truth: the first thing he mentioned was, that one Eggleston was concerned in the robbery. We went to a court, and by his direction took Eggleston; he was lodged in New Prison; then the prisoner told us one Eadey, an old man, whose son keeps a public house near Clerkenwell, had 12 guineas and a half in a purse, to keep for James Wright , till it was wanted: we went and found him, and asked him if he had such money; he said he had, and pulled it out of his pocket, and delivered it to us: then I asked John Wright what step we must take next. He said there was an ingot of silver buried, just on this side Sadler's Wells, in a dunghill; by this direction it was found, I was there: then we went to the London Spaw, there he told us there were several silversmiths in the Borough, where he had parted with some dollars and silver coin. We agreed to meet the next morning by eleven, at Sir John Fielding 's: we did, and went out, and John Wright with us again; we found the man at the Cock and Bottle in Crooked-lane had bought some pieces of coin of him; we went there, and the man delivered them up, (produced in court) 12 or 13 dollars, and a louisd'or, he acknowledged buying those of the prisoner, in the prisoner's presence. then Wright took us to most of the silversmiths shops, and most of them confirmed him in what he said; but some had melted them down: then we went to a tavern at St. Margaret's-hill to dine, coming out I was going to get a coach; I had not gone above 10 yards, but I heard the cry, stop thief: I looked about, and lost both Mr. Whitehead and he. Mr. Whitehead had ran after him, but he got clear off. Mr. Whitehead went over Westminster-bridge, and I over London-bridge, and he got to Sir John Fielding before me.
John Carter , I am partner with Mr. Hammond, in St. Martin's-Le-Grand; part of the goods were consigned to us: we had warnings printed, in order to get intelligence of them. In a few days Mr. Smith stopped the woman at the bar, and brought her up to our house, in the mean time Mr. Whitehead being apprised of the affair, came to our compting-house; we took her in a coach to Sir John Fielding 's: she said she lived with a brewer's servant, at one Cox's, in Aylesbury-street, but the constable knowing her, confronted her, and said she lodged at one Wayling's, a chairman in Red Bull-yard; there we went, and found this pint mug, and a bag of dollars, 47 of them: then we got a warrant to apprehend John and James Wright , we went and waited till betwixt 1 and 2, they did not come, so I left them, and went home.
Jane Allcock . John Wright sent his wife to my house in Cow-cross, to let me know he wanted to speak with me. I went with her to her room up two pair of stairs, in Sharp's-alley; he asked me what he owed me: I said 8 l. he had got some foreign money, and wanted to pay me. I said I do not care to take it: said he do not be afraid, I found them in a box in Moorfields. I said I will give you my debt, rather than take them; by his persuasion I bought 7 l dollars, and some gold of him, for betwixt 22 and 23. He bid me sell them any where, for he found them honestly.
J. Allcock. You lived with the woman by you, and I received some rent of you.
John Wright's defence.
To their characters.
Thomas Worth . I deal in hogs, and live in Cow-cross; I have known John Wright 3 or 4 years, he lived in the neighbourhood. I know nothing of him, but that he has been a brick maker, and used to come home on a Sunday morning.
William Wayling . I know no ill of Evans, only they were very poor, and could not pay their way.
John Guilty . T .
James Acquitted .
Evans Guilty . T. 14 .
84. (M.) Sarah Plint , otherwise Anne Price, spinster , was indicted for stealing one bolster, value 12 d. one pillow, value 6 d. a pair of linen sheets, value 2 s. a blanket, value 12 d. a linen pillow-case, value 12 d. two linen napkins, value 6 d. a brass saucepan, value 6 d. a copper tea-kettle, a brass candlestick, a flat iron, and a looking-glass, the property of William Thompson , in a certain lodging-room lett by contract, &c . Jan. 4 . ++
Q. Is she married?
Thompson. She says she is, a man lived with her. She lodged with me on her own account in the name of Plint, at 3 s. 6 d. a week. She did not say she was a married woman when she took the lodgings: the man says he is not her husband. She absconded, and sent a porter every day to let me know she was coming home. I found the porter came from one part of the town and she another. Then I had a suspicion of her, and went into the apartment and found the things mentioned in the indictment were gone.
Q. Did you ever find them again?
Thompson. I have seen part of them again at Justice Welch's; a pawnbroker's man produced them. I have got all again but the sheets, looking-glass, and two table cloths. The prisoner was before the Justice, all her defence was that they were pledged in another person's name. They were pledged in the name of Anne or Sarah Price . The next time she owned she did pledge them.
Q. Who paid for the lodging?
Thompson. I received 3 s. and 6 d. of her.
Q. Did she ever turn you over to the man to be paid?
Q. from prisoner. Whether I took the lodging for myself, or some body else.
Thompson. When first the prisoner came she took them for a gentleman's clerk and his wife; that is about 12 weeks ago: she said the clerk had married one of the servant maids. But after that she took it in her own name for herself.
Richard Black . I am servant to Mr. Allison, a pawnbroker, in Ryder's-court. I took in this tea-kettle of the prisoner at the bar, I lent her a shilling upon it, on the 28th of November. We had all the other things that are found pledged with us in the name of Price; she said her mother kept a house in St. Martin's-lane.
The prisoner in her defence said she did not take the lodging for herself, but for two young women that were turned out of their places.
Guilty . T .
See her tried twice by the name of Anne Frances Carolina Errington , No. 40. in Sir Samuel Fludyer's mayoralty, and by the name of Sarah Lane, spinster, otherwise wife of William Marchant , otherwise wife of George Errington , otherwise wife of Thomas Flint , otherwise wife of Thomas Morgan , otherwise wife of Adam Stedman , for stealing goods in a dwelling-house, No. 53. in Sir William Stephenson 's, and also she was indicted by the name of Anne Powell, otherwise wife of Thomas Flint , for marrying Adam Stedman , her former husband being living, to which she pleaded guilty and was branded.
Stephen Barbutt . Mr. Philip Hilyer is my partner . On the 7th of December we lost two pieces of bombazeen: we immediately dispersed handbills about, with two guineas for each piece. That did not produce any thing. I think they were advertised the Thursday following in the Daily Advertiser, offering the same reward, and in a day or two after we received information from John Davis , that he could inform me who took them, and where they were. I went by his direction, and took up the prisoner, he is a journeyman weaver. Then we went to the prisoner's lodgings and found the two pieces mentioned. One of them is marked with our number, the other is not; one I can with certainly swear to, the other I believe to be mine. The prisoner said before the magistrate he heard a riot in the street, he went out and found them lying, he took them and threw them over a wall for security, but this was a night before I lost them.
John Davis . I am a buckle maker, and live in Tottenham-court-road: the prisoner is a slight acquaintance of mine, he was with me one Sunday, I heard him say he had some things by him that he thought would make about 10 l. I understood they were bombazeens. The next day his
Q. How did he then say he came by them?
J. Davis. He said he had found them. He spoke as if he wanted me to take them into my custody; I agreed to it, thinking to make a discovery.
Thomas Herbert Core . I am servant to Mr. Barbutt. The prisoner escaped from the constable on the 14th of December, after he was retaken I went to see him in the Compter, there he said he kept them with a view to see them advertised, and not with intention to sell them.
Samuel Buridge . I am the officer that took the prisoner: going to New Prison I asked him what made him go into that warehouse where he never was before; he said he was there once before to ask for work. I said what made you go in on Saturday morning, he said he was going by and saw the door open and he went in, he saw nobody there, and took the pieces, and carried them to King John's-court, where Fagan lives. (The bombazeen produced in court.)
Edward Conner . I am a weaver, and live in King John's-court. The prisoner came and knocked at my door, I was at breakfast, between 10 and 11, he ran up stairs with these goods to Fagan, who lodged there, and asked him if he had any place to put them in, I went up and said, What are they? he said he did not know. I said they are stolen goods, they shall not stay here. I believe these pieces here produced are the same, I made him send them back again.
I know nothing about them.
Guilty . T .
86. (M.) Elizabeth, wife to Henry Stot , was indicted for stealing a linen sheet, value 20 d. a blanket, value 2 s. and a window curtain, value 18 d. the property of Charles Gullen , in a certain lodging room lett by contract, &c . Dec. 30 . +
Charles Gullen deposed he lives in Purpool-lane , that the prisoner agreed for the lodging for her husband and herself. Mary his wife deposed to the same, and the loss of the things, and that they were found pledged by the prisoner at three pawnbrokers, who all appeared and deposed to the same.
Guilty . T .
There was another indictment against her for stealing a silver spoon, the property of the prosecutor Gullen.
87. (M.) Hannah Gearing , widow , was indicted for stealing two table cloths, value 4 s. four pair of pillow-cases, value 4 s. three linen shirts, value 10 s. two napkins, value 2 s. two pair of linen sheets, value 3 s. two linen nightcaps, value 12 d. one flannel petticoat, value 12 d. and two linen shifts, value 12 d. the property of Catherine Butler , spinster , Dec 11 . +
Catherine Butler . The prisoner was my laundery-maid , and had been about three weeks in my service. Another servant of mine came and told me the prisoner was missing, and she had lost her stays and other things. We looked to see what other things were gone, and missed the things mentioned in the indictment. We were forced to break the laundery-door open, she had taken the key with her. Then I went to Sir John Fielding and got hand-bills dispersed about, by which a discovery was made.
There were other pawnbrokers with others of the things, but it was thought needless to call them.
Guilty . T .
88. (M.) Owen Casaley , was indicted for stealing two cotton shirts, value 10 s. one pair of cloth breeches, value 7 s. one pair of velvet breeches, value 5 s. one flannel waistcoat, value 6 d. one woollen jacket, value 9 s. one pair of yarn stockings, value 6 d. a pair of leather boots, value 13 s. and a pair of leather shoes, called pumps, value 2 s. the property of John Arey , Dec. 19 . ||
William Clark . John Arey is now at sea: I am a fisherman, the prisoner was my servant ; the things mentioned in the indictment were taken from on board my vessel at Gravesend , but I was at London at the time. I left the prisoner on board when I came away.
Q. Whose property were they?
Clark. They were all my property except the pumps.
John Rowsam , Jan. 1 . ||
John Rowsam . On New Year's-day, in the evening, I went in at the Noah's Ark, Dyot-street, St. Giles's; the prisoner asked me to treat her: I told her I would give her a pint of purl. She told me there was good lodgings at John Atwood 's in Church-lane , I was a little merry, I went along with her, there the prisoner lodged. When I went up into the room another servant in the house came and asked for a shilling for my lodging; I gave it her, the prisoner was then in the room, and went to bed: I wrapped up my gold the same as mentioned in the indictment, (mentioning them) and put them under my head, the prisoner did not lie with me. In the morning I found my breeches were removed from the place, I examined them, and found the pockets had been rifled. I had some silver and halfpence and my watch left. I made a great bustle in the house in the morning. Some of the girls asked me if I had any of the mince-pies; I said I had: they said the girl whom they call Fat Moll had distributed them: she was missing. The landlord swore he would find her, and on the Saturday following she was found in King's-street, Westminster, and carried before Justice Welch, and from thence to the round-house, where she confessed she had taken three 36 s. pieces, two moidores, a guinea and a half.
Terence M'Ginnis. I am constable: on the 4th of this instant the prosecutor came and told me he had been robbed on the Wednesday night before, at a bad house in St. Giles's, at Atwood's in Church-lane. I went there, Atwood was in bed at one o'clock: I made him get up, and said if he did not find the girl he should go to the Gatehouse. Then he bustled about and found the prisoner at the Noah's Ark, dressed in a new cloak, and other new things. She was examined and owned she had taken 9 l. 13 s. 6 d. and mentioned the particular pieces of money, and mentioned the particular manner in which she took them, she said she thought to go to bed to him, and the toe of her shoe hit against the money in a paper, and she took it up.
I was standing at the Noah's Ark door, the gentleman came by about half an hour after 12, he asked me if I would go in and have any thing to drink, they would not make any purl, their fire was out, he had nothing to drink but came out again; then he asked me where he might lodge, I told him he might lodge in the room where I lay; he went there and gave a shilling for the bed; there are many people go up into that room, any body that will give 3 d. may go up; there are three beds in the room. I found the money on the ground.
Guilty . T .
Ambrose Vicer . On the 11th of last month, as I was in the road near the turnpike at Black Mary's-hole , the deceased, John Etheridge , was driving some cattle along the road, I saw him put his hand in his pocket to pay the turnpike. As his cattle turned short to go to Black Mary's-hole, one of them turned into the field, I do not know whose field it was, there was no gate, it was quite an open place; he ran through that field and into the road again at the top of the field. In the mean time that bullock was gone, the others got into the field that was open; the deceased was leaning with his body on a post, he went from the post and went towards the bullocks, going to drive them out into the road to the other bullock. The prisoner, as I thought, came out of a smith's shop, and asked the deceased where he was going to drive the cattle. He answered he was going to get them into the New Road to the others. The deceased went up to the head of the cattle, in order to get them through that place, and in a minute the prisoner struck him a blow.
Q. How near was you at that time?
Vicar. I was about 100 yards distance, that was the outside.
Q. Had the prisoner any thing in his hand?
Vicar. No, he had not. The blow was just above his nose, and he fell directly down on his face. I saw but that blow: I was standing by the side of the rails. I got over directly, and said you have murdered the man; seeing him black in the face, I unbuttoned his collar. As soon as the prisoner had turned the cattle, he went to his shop again. I called after him several times, and said the man was killed. He came back again; I said you have murdered him: he said, God forbid! The man expired in about four minutes after he received the blow. My master came, I said Sir, here is a man murdered: he took a lancet out of his pocket and opened a vein, but before that he said he thought he was a dead man, (my master is a surgeon) the deceased bled but a trifle.
Vicar. I asked him what authority he had to stop the man with his cattle; he said he had authority from his master; and that the drovers made it a practice to go through those fields to baulk the turnpike.
William Hearn . I am an apothecary. I was sent for by the deceased's mother the day after he was dead. On examining the part I found a bruise on the nose, and on the side of the right ear there was a confusion, and a large quantity of extravasated blood. I examined the skull, but found nothing amiss, there was a small blood vessel broke.
Q. I suppose you form some judgment what might be the occasion of his death?
Hearn. I take it to be the breaking of that small vein. There was very near three quarters of a pint of coagulated blood.
James Etheridge . I am between 16 and 17 years of age: I am brother to the deceased. I was with him when he was driving the cattle. One of the bullocks strayed through the field, I ran after him, I was almost a quarter of a mile from the place at the time this happened.
The prisoner said nothing in his defence, but called his master, William Floyd , who deposed that was his field in which the cattle were; people sometimes drive their cattle across it in order to defraud the turnpike. The prisoner had a shilling a week above his usual wages in the month of June, to take care of that field, and prevent these things.
Guilty Manslaughter . B .
91. (M.) Thomas Boram was indicted for that he on the 23d of December , about the hour of two in the night, the dwelling-house of Jabez David did break and enter, and stealing two copper saucepans, value 6 s. and two copper stewpans, value 4 s. the goods of the said Jabez . ||
Jabez David . I keep a publick-house in Charter-house-lane : the prisoner and Ibbot the evidence used my house. They were there on the 23d of Dec. and went away together between 12 and 1 at night, and when I got up in the morning between six and seven, I found a pane of glass taken out in the back window, and the shutter which was on the inside and the casement were open, and the bar in the middle of the window was cut. I went to the prisoner and evidence's lodgings, and found they had not been at home all night; then I suspected them.
Q. Did they both lodge together?
David. No, they did not. I got a constable, and he and my brother-in-law and I went to where the prisoner lodged: we met him coming to the door, we took and carried him to Bridewell. Then we went to the evidence's lodging, we were informed he used the Globe on Saffron-hill, we went and met him coming out of the house, and took him to New Prison, and on the morrow he confessed he and the prisoner broke my house and stole the things. His father desired me to take him to Sir John Fielding and get him admitted evidence; we took him there, and he was admitted. He took us to the pawnbrokers where we found the things, one pawned in Holborn, another in the Fleet-market, another on Ludgate-hill, another in Field-lane. The prisoner was taken before Sir John Fielding , there I heard him own to the taking the things.
William Ibbot . I and the prisoner left the prosecutor's house between 12 and 1 the night before Christmas-eve; we went through a back alley where we saw the door to the yard open, we went in, the prisoner took a knife from his pocket and took out two panes of glass and got to the bolt of the window, he bid me lift up the shutter while he put his hand under and moved the bar; he got the bar up and shoved the window open, then the shutter tumbled on the table; then I helped him in at the window, by lifting him by one of his legs, he got in, and brought out those stewpans and saucepans, and we went and pawned them.
I know nothing of the affair, nor how it was done.
To his character.
Guilty of felony only . T .
92. (M.) Margaret Withers , widow , was indicted for stealing one pair of linen sheets, value 5 s. the property of John Carter ; and one linen shirt, value 10 d. and one linen shift, value 8 d. the property of Anne Cotton , widow , Nov. 8 . ++Mary Carter .
Charles Riley . The prisoner at the bar lodged at my house. She brought this linen wet, mentioned in the indictment; there were other people lodged in the same room; they said the things were not honestly come by, she was going to carry them away, they stopped her, and the things, and on the Sunday in the afternoon I found the people who owned them. (The things produced in court.)
There is not a word of truth in all they say, the things are all my own lawful goods.
James Fenning . I am servant to Mr. Heming, I saw the prisoner at the bar take the ham from off a table by the shop-door, between six and seven in the evening, on the 28th of December. He carried it below the May-pole about 30 yards from the shop door. I followed him very close, and with the assistance of another man we catched him there, he had dropped it about 13 doors from my master's house; he was very greasy, and smelt very strong of ham when taken.
I belong to the coal trade , I had been over the water seeing a shipmate, I was going to get on board before it was late, and they came and stopped me.
Guilty 10 . T .
Henry Bunn . I am a waggoner : I unloaded some flour from the waggon in a street, I don't know the name of it, then I saw my coat, and I laid it under two sacks in the fore part of the waggon. The waggon stopt two times, once to take up a bundle. I had the prisoner to help unload. He got up to give me the bundle down. I never saw him before, and I am a stranger in town. The waggon was tilted. When I got to the Bear and Castle, in Oxford-road, I missed my coat. They must have got up into the waggon to take it.
Edward Beecham . I live with Mr. Hudson, a pawnbroker, in Stanhope street, Clare-market. On the 21st of December last, the prisoner at the bar pledged this coat with me for 3 s. (produced in court and deposed to by the prosecutor.)
I found this coat just against the Maidenhead, in Broad St. Giles's.
For the prisoner.
Q. What character do you give him?
Leech. He is a strolling youth. I can't give him no great matter of character. He was brought up well. If the court would be so kind as to give him corporal punishment, and not transport him, I will do all in my power to keep him at home with me in the country.
Guilty . B .
95. (M.) Philip Begnon , otherwise Bourvelly, otherwise Lewis , was indicted for stealing a linen gown, value 4 s. and one silk and stuff gown, value 8 s. the property of William Jones , November 23 . +
Q. What business are you?
Jones. I keep a shoemaker's shop in Tower-street, Seven Dials . The street door was open, and the back parlour door was shut, but not locked. I might be gone down about two minutes; when I came up again, the parlour door was open. I went in and found the drawers open, and a stomacher and gown on the ground. I called my wife to see what was lost. She came up and missed the two gowns mentioned in the indictment; then I went about to the pawnbrokers, and about half an hour after 7 o'clock, I found the silk and stuff gown pawned to Mr. Watson, in Coventry-court, Coventry-street. I found the other gown pawned with Mr. Fryer, in Knaves-acre. The gowns produced in court. The prosecutor produced pieces of the cloth each were made of, and deposed to them, as being the same he lost that night.
Joseph Packer . On Saturday the 23d of November, the prisoner pledged this silk and stuff gown with my master. I was present at the time. The prosecutor came about half an hour after, and owned it. On the 17th of December following, the prisoner came again. My master charged him
James Hagarth . I belong to Mr. Fryer, a pawnbroker, at the corner of Walker's-court. I took in this linen gown of a man, the 23d of November. He was a foreigner (such is the prisoner.) I believe he is the man.
I bought the gown of a woman in the Strand, in the street; and after that I wanted a little money, and I went and pawned it.
Guilty . T .
William Snape . On the 26th of December, I was at the White Swan, Whitecross-street , coming out at the door with three more persons, in order to go home: there were seven or eight fellows stood at the White Lion door: as we came there, they surrounded me. I felt my watch snatched out of my pocket. This was right opposite Chiswell-street. The prisoner was next me. I strongly suspected him. I took hold of him, and took him to the watch-house, and charged a constable with him.
Q. Did he make any resistance?
Snape. No, he did not. We took two more of them, but I had no opinion of their taking it, and they were let go. We searched the prisoner, but I never found my watch again.
John Fry . I had been in company with the prosecutor all that day. Going home between: 12 and 1 at night, we were surrounded by eight or ten fellows: he cried out, he had lost his watch. The prisoner being next to him, we secured him. This is all I know.
97. (M.) Joseph Edwards was indicted for stealing 3 pounds of brass, value 2 s. the property of William Ware ; and 2 pounds weight of brass, value 6 d. the property of John Monkhouse , January 13 . ||
William Ware . I am a founder . Last Monday morning, one William Fleetwood came to my house, and asked me if I suspected any body had robbed me. I told him I had suspected that some months ago, and had laid a scheme to discover the person, but did not succeed. He told me he had some brass in his possession, which he suspected to be not honestly come by. He brought me a quantity, which is now here. After examining it, I found I could be positive to part of it. I applied at Hicks's Hall, and got a warrant, and took up the person that Mr. Fleetwood had received this brass of, who said he had it of the prisoner at the bar (the brass produced.) Here is part of it; it is part of a brass mould; the other part I have now at home. Then I got a warrant of suspicion against the prisoner. I took him before Justice Girdler; he there confessed he stole the whole that I apprehended to be mine. Part of this brass he acknowledged he stole from Mr. Monkhouse, his master. He was asked what he got for it a pound; he said he sold it to George Wild for 7 d. a pound, and he acknowledged he had stole the quantity laid in the indictments, 5 pounds, and received 3 s. and 6 d. for it.
John Monkhouse . I am a clockmaker . The prisoner is my apprentice . Last Monday Mr. Ware came with some brass, which he shewed me, that he and I had been robbed of. He asked me if I was willing he should take the boy up, I said I was. He was taken before Justice Girdler, there he confessed as has been mentioned. Two pounds of this brass I believe to be mine.
Mr. Fleetwood. I sell clock and watch-makers tools, and in the course of my business I buy brass. This brass (here produced) was brought to me at different times, by George Wild , who is here to give evidence, I gave him 9 d. a pound for it, and sent it away, with other brass, to Mr. Rumley, to be caft, and in exchange I have it again at 10 d. a pound.
Mr. Rumley. I seeing this brass, suspected it to be stolen, and told Mr. Fleetwood of it. There were some clock-work with Mr. Ware's mark on it. We took that and the other brass, and Mr. Fleetwood and I went to Mr. Ware with it: he and his servant agreed that part of it was his property. The clock-work I apprehend to be Mr. Monkhouse's property, which he had had of Mr. Ware. Then we went to Hicks's Hall, and got a warrant, and took up George Wild; and after that the prisoner was taken up, and brought before Justice Girdler; there he confessed the stealing it, in the manner Mr. Ware has said; some from his master, and some from Mr. Ware's shop.
George Wild . The brass was brought to me at different times, by the prisoner at the bar, and I bought it.
Q. What is your business?
Wild. I am a watch motion maker.
Q. How much did you buy of him?
Wild. Much about the quantity as has been mentioned.
Q. Did you know who the prisoner was?
Wild. I did.
Q. Did you know him to be an apprentice?
Wild. I did.
Q. Did you know that Mr. Monkhouse used brass in his business?
Wild. I did.
Q. Did you ask the prisoner how he came by it?
Wild. I did.
Q. Did you go to his master about it?
Q. Do you make it a custom to buy brass of such young persons?
Wild. I never did of any body before.
Court. I hope you never will again.
Wild. I am an honest young fellow.
Court. It would have been well, if you had been prosecuted instead of the prisoner.
George Wild asked me if I had any brass to sell. I brought him some. Sometimes he gave me ready money, sometimes not: every time he used to beg of me to bring more: he never asked where I got it; he used to bid me bring a good deal, all I could. I have been apprentice but two years. I am about 16 years of age.
Guilty. 10 d. W .
98. (M.) Eleanor Sharp , spinster , was indicted for stealing a woman's silk cardinal, value 10 s. a long lawn apron, value 12 d. a black crape gown, value 7 s. two linen gowns, value 10 s. a plain gold ring, value 9 s. five silver tea spoons, value 10 s. the property of Sarah Buckley , widow , January 6 . ++
Sarah Buckley . I live in Broad St. Giles's . I go out a washing . The prisoner came to lodge with me. She left me about six weeks ago. I missed some things about nine weeks ago: she owned to the gown and petticoat first, and said she had pawned them for 8 s. I did not ask her where; she said she could not get lodgings that night, and begged to stay all night. I let her. She begged to stay another night. The next morning I turned her out of the house. I went out on the Sunday night as usual, and when I came home on Monday night, I put the key in the door, and it opened; then I missed my crape gown, silk cardinal, and lawn apron. When the prisoner was taken, she had my silk cardinal and lawn apron on. I found a brass ring put in the place of the gold one, and five pewter spoons in the room of the silver tea spoons. She would not tell me where they were.
Isabella Gray. The prisoner lived next door to me. I was at Mrs. Buckley's to drink tea last Sunday was se'nnight: every thing was safe. I told her to be sure and lock her door at going out. She put her foot against it, and said it was very safe. I think she put her white apron on some things on the table.
When I came away, I left the things all of them in her room. Her ring and spoons I am innocent of.
Guilty . T .
99. (L.) Edward Minot was indicted, for that he, together with John King and Henry Payne , not taken, in a certain court near the King's highway, on Angel Simonds , did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person one thickset frock and waistcoat, value 5 s. one cloth coat and waistcoat, value 21 s. six pounds weight of brass, and a linen bag, the property of the said Angel , November 28 . ++
Q. When was this?
Simonds. This was last Thursday 7 weeks, between 5 and 6 in the evening. They took what I had in my bag, and ran way with it.
Q. Did you meet them, or did they come behind you?
Simonds. They came behind me.
Q. What were their words when they first attacked you?
Simonds. They wanted to know what I had in my bag, and said I should deliver what I had.
Q. Did the prisoner say any thing to you?
Simonds. He was the first man that spoke to me.
Q. Now tell the first thing he mentioned.
Simonds. He asked me whether I had any money about me.
Simonds. He at first said, what have you in your bag; and whether I had any money.
Q. You have told it several ways; be careful and tell the words he said, as near as possibly you can recollect.
Simonds. He asked me what I dealt in, and I said in old cloaths . Then he said, he should be willing to have what I had in my bag. I said, come in the day-time, and I'll let you see them, and will be willing to sell you them. He would insist upon seeing them directly, and I would not let him. Then he asked me whether I had any money. While he was speaking, there came 3 men behind me; I said, I had no money; then the prisoner knocked me down; then the other 3 took my bag and ran away with it, and the cloaths in it.
Q. What was in it?
Simonds. There was a thickset frock and waistcoat, a pair of leather breeches, a pair of buckskin breeches, a single coat, and 6 pounds weight of brass.
Q. Did you know the prisoner before?
Simonds. I never saw him in my life before.
Q. Did they search your pockets?
Simonds. No. I lay upon the ground 3 or 4 minutes. The blow stunned me.
Q. Was you sensible ?
Simonds. I was quite out of my senses.
Q. Did you know what was done?
Simonds. It was a violent blow with a great stick. I did not understand what the damage was.
Q. Was you in or out of your senses?
Simonds. I lay about 3 or 4 minutes.
Q. How do you know that?
Simonds. Because they all ran away.
Q. When did you first see the prisoner after this?
Simonds. I saw him again last Wednesday was se'nnight.
Q. Where did you find him?
Simonds. One Mr. Payne, a corn merchant, told me where to find him.
Q. That is not saying where you found him.
Simonds. I saw him at Peter Deschamps 's, and knew him directly. I went in and asked for Mr. Peter Deschamps . The prisoner said, I suppose you came to seek for me as well as him. We shared the goods between us. He would have given me a note for a guinea, if I would have taken his note, to be paid in a month's time.
Q. Suppose he would have given you a guinea then, would you have taken it?
Simonds. No, I would not take no money. I have a witness here that heard him proffer me the note, he was a stranger going by, and I got him to come in.
Q. What were the words he made use of?
Simonds. He said it was hard he should give me a note for a guinea, and there were 3 more concerned with him.
Q. Did you ever find your goods again?
Q. What did you know the prisoner by, when you saw him at Deschamps's ?
Simonds. I knew him by his face, and he had his own hair.
Q. Was it not dark?
Simonds. It was dark.
Q. Suppose he had denied it, should you have been able to swear to him?
Simonds. I should have known him.
Q. Should you know the other three, was you to see them?
Simonds. No, I could not swear to them, they had not their own hair, and he had.
William Twyman . I am a pipe-maker, and live in Featherstone-street; I never saw the prosecutor with my eyes before this happened. I heard the prisoner offer him a guinea, in case he would take his note for it in a month's time.
Q. What did Simonds say to that?
Twyman. He said that would not do.
Q. How came you to be there?
Twyman. I happened to be in a public house where Simonds came, and he asked me to go along with him to Grub-street.
Q. What public house, and where?
Twyman. It was a public house in Featherstone-street, at the sign of the Lion.
Q. How far distant is that from Grub-street.
Twyman. That is about half a quarter of a mile.
Q. When was this?
Twyman. To the best of my knowledge it was last Tuesday night was se'nnight.
Q. What did he want you to go with him for?
Twyman. He desired me to go down to Grub-street along with him, he said there was an affair in hand; this man had robbed him.
Q. Did he mention his name?
Twyman. No, he did not.
Q. What did he say he intended to do?
Q. Did you go that night?
Twyman. We did, the prisoner was not there: the next morning he came to me again at the shop where I work, in Featherstone-street, and begged of me to go again; I did, then the prisoner was in the room, which I thought was the room where he lodged in Grub-street.
Q. Whole house was it?
Twyman. That I do not know, it was in an alley.
Q. Was it above stairs, or below?
Twyman. It was a lower room.
Q. Was you along with Simonds when he went in ?
Twyman. I was.
Q. Then tell the first thing that passed ?
Twyman. Simonds asked the prisoner about the robbery.
Q. Were they his words ?
Twyman. He asked him whether he would produce the things.
Q. What answer did the prisoner give him?
Twyman. He asked him whether he would take his note for a guinea, in a month's time; and Simonds said no: I went away immediately.
Q. How far is this from the place where Simonds came to you?
Twyman. It is about half a quarter of a mile.
Q. How came you to go along with Simonds ?
Twyman. Simonds; proposed to satisfy me for my time, if I would go to hear what this man had to say.
Q. Did you not know he was going to take him up?
Twyman. No, I did not, he left me in the room, and went out, and I went out then.
Q. When did you first become acquainted with Simonds?
Twyman. I never was acquainted with him in the world. I never saw him before that night in my life.
Q. What did Simonds desire you to go with him that night for?
Twyman. My shopmates thought he wanted to bring me into some premunire, and they followed me: he was talking this over in a public house, to a watch-case maker.
Q. What did he desire you to go for?
Twyman. To make up this affair, if possible he could.
Q. Did he tell you he knew the person that robbed him ?
Twyman. He did not tell me the man's name.
Q. What did he tell you he had lost?
Twyman. He told me he had lost a coat and waistcoat as for the particulars I cannot tell; I know he said there were 6 pounds of brass.
Q. Where did he say he lost it ?
Twyman. He said he lost it in Fore-street, in an alley.
Q. Did he say how many people there were that robbed him ?
Twyman. He did not tell me how many.
Q. Recollect yourself.
Twyman. I believe he did mention one King, and Peter Deschamps, as having been concerned in the robbery.
Twyman. I never saw him in my life.
Q. Nor King?
Q. Are you sure he did not tell you the prisoner's name?
Twyman. I knew nothing of the prisoner's name till he was taken before my Lord Mayor.
*** The Last part of these Proceedings will be published in a few Days.
NUMBER II. PART II.
Printed for J. WILKIE, at the Bible, in St. Paul's Church-Yard.
King's Commissions of the Peace, Oyer and Terminer, and Goal-Delivery held for the City of LONDON, &c.
I Never saw the prosecutor till last Wednesday was se'nnight, when he came in and asked me whether I knew him, he said I had robbed him with the other three. I board at Mr. Deschamps's, he is a pump-maker in Grub-street: said the prosecutor I want restitution for the things I lost; said I do you know me: he said yes. Mrs. Deschamps said if I would make it up with the man, she would be obliged to me: I said I would endeavour to make it up: she asked him if he would take half a guinea; he would not, and went away. He came again, and said he would have more; he wanted a guinea: she said she would endeavour to get him a crown. I did not offer any thing in my own behalf, I said if I was the person, why should he exact more on me than the rest. She went to get him a crown; I went voluntarily with them to my Lord-Mayor, and to the Compter.
For the prisoner.
Hannah Deschamps . The prisoner was taken up in my husband's room; he was at my house on the 15th of November, from about 3 in the afternoon, till after 8 at night; in that time Mr. Payne came and told me such an affair had happened, between Henry Payne , Peter Deschamps , my husband, and John King .
Q. What do you mean by an affair?
H. Deschamps. They were accused with running away with a bag from a Jew. I know this man at the bar is quite innocent, this Jew came to my house, and insisted the prisoner was Peter Deschamps ; this was last Friday was fortnight, he asked for Deschamps by name, and by trade; the prisoner said why do you know me; the man said yes Sir, he did, and should know him from an hundred: said the prisoner I never saw you before. The Jew said you have, he came several times, and said he did not desire to hurt me nor my children. We agreed to make it up for half a guinea, then he said if I would give him a crown, he would take a note for the rest of the money.
Q. How long has the prisoner boarded with you?
H. Deschamps. He has boarded with me about 3 or 4 weeks.
Q. Has your husband been at home all that time?
H. Deschamps. No, he has not been at home much since.
Q. How is it you recollect the 15th of November?
H. Deschamps. I was washing that day, and did a particular errand that day, is the reason I remember it.
Q. Did you not wash on other days, as well as the 15th of November?
H. Deschamps. The constable had been at our house to search for Henry Payne , and he said he had got John King in custody, and I saw wrote down in a paper John Deschamps , and Henry Payne . John King was in the Compter, and the next day he was cleared; by reason the Jew never answered, and King's father said he gave the Jew 3 guineas and a half to clear his son.
Q. to prosecutor. Is that true?
Prosecutor. I have not had a farthing of King.
Q. Did you complain to any body the night you was robbed?
Prosecutor. No, I did not; after I went home some people came and told me I must take up John King; the next day the constable came, and said he was out upon bail.
H. Deschamps. Here is evidence here to prove the agreement between the Jew and the gentleman at the bar.
Eversfield. I cannot say how long it was ago, one Mr. Beaumont a vintner stopped him, and Hopkins a constable came and laid hold of him; we took him to the Ship, then I went home to my master: this Jew would have made it up, but the constable persuaded him not to do it.
Q. What did the Jew charge him with?
Q. Who mentioned them?
Eversfield: King himself did; he said Payne and Deschamps were the men that were concerned with him.
Q. Did he mention any body else?
Eversfield. No, he did not; the Jew only mentioned three, and he did not know their names, he promised to come to the constable's house, to go before the Court of Alderman; but he did not come.
Charles Ganley . Yesterday was fortnight Mr. Deschamps and the prisoner came to my house, he said, he, King, and Payne, were got into a very bad affair; he told it me: I said it is a very bad affair indeed.
Q. Do you know this woman that gave evidence?
Q. What is become of Deschamps and Payne?
Ganley. I cannot tell.
Q. What are you?
Ganley. I am a house-keeper, and live in King's Head court, White-Cross-street.
Thomas Pearce . I am a lighterman, and live at Horsleydown; I was taking some casks of plumbs from Ralph's kay , on the 22d of December: I saw the prisoner and a sailor take a cask of raisins. I went and found the cask about 5 or 6 yards from the rest; the sailor ran away, I took the prisoner; he attempted to kick my heels up, and said G - d blast you, and blow your eyes out: he said he knew nothing of the raisins; but I saw him have hold of them: bringing him to the Mansion house he took out his knife with intent either to cut my hand, or his own throat, and said he would lick me for using him ill.
I came across the water, and stopped to make water; the men charged me with taking the plumbs, but I know nothing of the matter.
Q. to Pearce. Did you see the plumbs in the possession of the prisoner?
Pearce. I saw him and the sailor lift them from the ground.
Guilty . T .
Joshua Nixon . I am a bricklayer, I and Mr. Roberts contracted with Dr. Winfield, in order to repair his house; that was damaged by the fire in Cornhill . we had been robbed several times of lead. I can say no more of my own knowledge than that the lead was missing.
Edward Orton . I am servant to Mr. Nixon, I saw the prisoner steal the lead mentioned in the indictment, (produced in court) he took it from the lower part of the water-pipe; when he was secured he begged for mercy.
Q. When was this?
Dunn. This was yesterday se'nnight, he staid above some time, and came down and began at the lower part of the pipes, and wrenched the nails out, and threw it over the door, and jumped over afterwards himself, and took it under his arm, and walked across the way; I followed him and secured him.
I leave it to the mercy of the court. I never wronged any person of a farthing in my life.
Guilty . T .
102. (L.) Hannah Gregory , spinster , otherwise wife of Robert Walker , was indicted for stealing a silver watch, value 21 s. a silver table spoon; value 5 s. a silver tea-spoon, value 15 d. a silver mustard spoon, value 15 d. a silver ladle, value 2 s. 4 pair of silver shirt-buttons, value 3 s. a gold ear-ring, 3 pair of stockings, a linen handkerchief, and 20 pieces of linen cloth , the property of Anne Bickerton , December 27 . ++
Q. What was the prisoner?
A. Bickerton. She was my servant , and had lived with me about 6 months; I sent for the lady that recommended her to me, to know what was best to do; as I had lost a diamond ring, and otherWilliam Holder can give the best account how that was found; there were only the linen things in the box.
William Holder . I was going to Goldsmiths-hall last Friday; the prisoner called to me, and told me she had left some things up in the garret; the watch, and she signified there was a spoon, and other things; but did not mention particularly what they were. I came home and acquainted my mistress with what she had said, my mistress and I went up into the garret, and in the part of the garret where the prisoner had said, behind some lumber, I found the watch, tablespoon, a tea-spoon, a mustard-spoon, the bowl of a ladle, and some shirt-buttons, all silver, (produced and deposed to.)
Dorothy Nettleson . I live in Red Lion-street Clerkenwell. Mrs. Bickerton sent for me, to let me know she had lost some things; I went to her, she told me she had lost a silver watch: she suspected her maid (the prisoner.) I advised her to search her box: she was searched, I only saw the linen which was found in it.
When my master died, my mistress gave me the old stockings herself; I found some of the linen in an old rag-box in the garret, as to the rest of the things I know nothing at all of them.
Q. to Holder. How came the prisoner to tell you she had secreted the things in the garret?
Holder. She called to me as I was going along the street, and asked me some questions about the family; we talked some little time about things indifferent, and afterwards we entered upon this subject; she acknowledged to me that she had left some things in the garret, that she was concerned about; she was afraid to tell my mistress, for fear she should get her displeasure: I told her she need not fear that, for if she would acknowledge the watch, my mistress had told her she would forgive her, and upon this expostulation, she told me where the watch was: I told her if she would not tell me where the watch was, my mistress would get a warrant and take her up.
Q. Was she at that time in your mistress's service?
Holder. She had been gone a fortnight.
Q. to prosecutrix. How came you not to indict her upon having found the linen in her box?
Prosecutrix. I was quite unacquainted with these sort of things, and did not know how to do it. Guilty of stealing only the linen in the box . T .
103. (L.) John Dailey , otherwise John Paterson, otherwise Walter Gahagan , was indicted, for that he having been tried for a forgery, and convicted for the same, in December 1753, and afterwards received his late Majesty's pardon, on condition of being transported during the term of his natural life; he being seen at large since, in the Kingdom of Great Britain , October 16 . ++
Q. Is it a true copy?
Dixon. It is, I examined it with Mr. Ford's clerk. (It is read in court, dated the 6th of December, 1753.)
William Williams . About the year 1752, the prisoner came to me with a letter of administration, which appeared to be a false one; he was tried for the forgery, I was the prosecutor, though the Navy-Board carried on the prosecution: he was convicted for the same.
Q. Did you hear him receive sentence to be transported?
Williams. I was not in court then, he once came to my house, the Sun in Old Broad-street, about two years-ago, where I talked to him about the matter.
Q. What was that for?
Q. Do you remember the trial?
Newman. No, I do not, I only know this by searching my books; that person received his Majesty's pardon, on condition of being transported for life, and was transported to Maryland, in the year 1755.
Prisoner. In that year I was in the East Indies, on board his Majesty's ship the Plymouth.
Q. to Williams. Who was the power of attorney made to, for which the prisoner was tried?
Murrel. I have known the prisoner ever since the year 1757, he was a ship-mate of mine, on board his Majesty's ship the Plymouth.
Q. Where did you first know him?
Q. from prisoner. Who was in India first, you or I?
Murrel. The prisoner was there first.
Q. Did you come home together?
Murrel. We did, in the Plymouth, and were both paid off at Chatham.
Q. When was that?
Murrel. I think it was in April, the year the late King died, we were both paid in one day.
Q. Did you see him on shore there?
Murrel. I did.
Q. What became of him afterwards?
Murrel. I do not know, I have seen him several times afterwards in the streets: I have heard him say he went out of England in the Triton; he was always an honest man while I knew him on board.
The ship that carried me over, the people were sickly; the captain was sick, the mate died: I understanding how to navigate, took the care upon me, being brought up to the sea, to navigate her in, and did; for which the captain gave me my liberty: I equipped myself after that at South Carolina, on board the Alexander and Anne, a Hamburgh ship, and was pressed out of her, and sent to the East Indies, on board his Majesty's ship the Plymouth, where I was three times wounded, in fighting for my King and country.
Murrel. I know he was three times wounded, besides once blowed up.
Guilty . Death .
See No. 425, in Sir Crisp Gascoyne's Mayoralty.
104. (M.) Elizabeth Healey , widow , was indicted for stealing two silver table spoons, value 10 s. a silver candlestick, value 2 s. five linen shirts, value 10 s. one crape gown, value 1 s. five table cloths, value 10 s. and three sheets, value 3 s. the property of Joseph Baildon , January 6 . ++
Joseph Baildon . I live in Roll's buildings , and am an organist . The prisoner was my servant two years and a half. I had given her warning to quit my service the 30th of this month, but she ran away on the 10th. From that time I suspected she had done something very bad, because she had left a quarter's wages in my hands. I sat up that night till 2 o'clock, expecting she would return; she did not. The next morning I looked over my things. I missed four silver spoons, a small silver candlestick, two pair of sheets, some napkins, a table cloth, a crape gown of my mother's, and five or six of my shirts, almost new. I had been particular with regard to my shirts, in taking an account of them but a little before. Upon this, I went to Sir John Fielding to have them advertised; this was on the Monday, and on the Wednesday after she was taken and carried before Sir John. We could not get all the pawnbrokers where she had carried the things that night, so Sir John committed her to the round-house till the next morning. The next morning we found all the things. She confessed the whole affair before Major Spinnage .
Abel Boyket . I am a pawnbroker. Here are some table cloths, a shirt, and a gown (produced in court.) These I took in of the prisoner at the bar, on the 6th of this instant January. She pledged them in her own name. I lent her 4 s. upon the table cloths, 3 s. 6 d. on the shirt, and 2 s. upon the gown.
Prosecutor. The table-cloths are marked with my and my wife's initial letters, of our names. The shirt I know to be my property also.
Samuel -. I am a pawnbroker. The prisoner pledged a table cloth to me on the 6th of January. I lent her a shilling on it.
Q. In what name did she pledge it?
Pawnbroker. In her own name. She came several times with other things (produced in court.)
Q. What things did she bring?
Cotterill. She brought a shirt, a gown, and two silver spoons.
Q. What did you lend her upon them?
Cotterill. I lent her 2 s. upon the spoons; she said they were her own: she brought them the last day of November (produced and deposed to by the prosecutor.)
I had no intention of a defraud. My master required me to lay out my money for the support of his family, and I was unwilling to let him know my circumstances; and through this way I have involved myself, by changing one thing for another, carrying one thing to the pawnbroker's to fetch another out that was wanted. My wages was seven guineas a year. I desired my master to lend me six guineas to get them
Prosecutor. She always had the money before hand.
Guilty . T .
105. (M.) Peter Deal was indicted for stealing one pair of linen sheets, value 5 s. one linen table cloth, value 1 s. one linen towel, value 6 d. one pair of worsted stockings, value 6 d. two neckcloths, value 1 s. one linen night cap, value 6 d. and three silk and cotton handkerchiefs, value 1 s. the property of William Hibditch , January 15 . ++
Q. Did you know the prisoner before?
Hibditch. No, I never saw him before. I had a parcel of things. There was two sheets, a table cloth, a pair of worsted stockings, two neck-cloths, a night cap, three handkerchiefs, and a towel, in a bundle all together. I put them down on the table in the tap-house. I missed them. I enquired who had taken them away, and John Lee told me he saw the prisoner take them; but whether he carried them out of the house, or up stairs, he could not tell. I found the prisoner was quartered there; he is a soldier . The Landlord, named Hopperton, went up with me to the garret, where the prisoner lodges. I met the prisoner upon the one pair of stairs; he was coming down. I asked him if he had any thing about him, and told him what I had lost; he denied having any such thing, and threatened to throw me over into the well of the stair-case, if I said a word about the things to him.
Q. Did you find any thing in the garret ?
Hibditch. We searched, and between the sacking and the bed, I found my bundle. I had a bill of the things in my pocket, which I gave into the landlord's hand, and the things were turned out upon the table, and they all agreed to the paper.
John Lee . I happened to go into that alehouse. The prosecutor laid his bundle on the table; he began to talk to me. While we were talking, I saw the prisoner take the bundle up, and move away, but did not observe whether he went out at the door, or up stairs. There are two doors near each other.
Q. Did you see it afterwards?
Lee. I saw it found in the garret, in the prisoner's bed, between the sacking and the bed: it was brought down stairs; then the prosecutor produced the bill, and the things and that corresponded.
Q. Did you not see it opened, and the things looked at?
Morgan. No. I imagine that was done before I came. I saw it opened before Justice Girdler, and observed all the different articles there.
I had been out with my bundle of cloaths, intending to go to my washer-woman. I met a man that had been in the same regiment with me. Staying some time with him, I came home again, instead of going to her, and staid drinking in the same room where the prosecutor was drinking. I was got pretty much in liquor. I went up stairs, and took that handkerchief instead of my own. I put it upon the bed, or under the bed, I do not know which, and going down again for a candle, I met the prosecutor on the stairs: he asked me if I had any thing belonging to him. I said, I had not as I know of. The gentleman found the handkerchief on the bed. I said it was my handkerchief.
Q. to prosecutor. Did the prisoner appear to be in liquor?
Prosecutor. He did not appear to be at all in liquor.
Q. to Lee. What do you say, was he sober or not?
Lee. He did not appear to be in liquor.
Q. to prosecutor. Did you see the prisoner bring a bundle into the house?
Prosecutor. He brought no bundle into that house.
Q. Did you see any other bundle there besides your own?
Prosecutor. No, there was no other but mine.
Lee being asked, answered the same.
Guilty 10 d. W .
John Willson was indicted for forging a certain bill of exchange, purporting to bear date the 17th of October 1765, drawn by David Latouch and Sons, merchants in Dublin, for the payment of one thousand pounds, and publishing the same with intent to defraud John Puget , merchant , October 29 . +
Q. What is his christian name?
Brown. His name is John. On the 29th of October last, the prisoner came to Mr. Puget's compting-house, and delivered a bill to me of a thousand pounds.
Q. Where is Mr. Puget's compting-house?
Brown. That is in Broad-street.
Q. Did you know him before?
Brown. I never saw him before to my knowledge. This is the bill (delivering it in.)
Q. What did he say at his first coming?
Brown. He enquired of me if Mr. Puget was at home. I said he was, and asked what he wanted. He told me he brought two bills for acceptance. I desired to see them. He delivered them both to me. This for a thousand pounds is one of them, and the other was for 900 l.
Brown. I do very well.
Q. Have you seen them write?
Brown. I have not seen them all write. I have seen some of them write.
Q. Which are they?
Q. What partners are there?
Q. Is this bill the hand writing of either of these?
Brown. No, it is not. It is not at all like either of their writing. It has not the similitude of either of their hand writings.
Q. Is Mr. Puget a correspondent of theirs?
Brown. He is: he transacts business with them. I asked the prisoner who was the holder of the bills, he said he was. I asked him where he brought them from; he said they were sent from Dublin to get them accepted, that they might be ready for Sir Thomas Sinclare when he came over to London, who, he said, was expected very soon.
Q. Have you the letter here that you received from Mr. Latouch?
Brown. I have, it is dated the 17th of October (delivered in). There came two letters on the same day by the post, as from Mr. Latouch, one a false one, the other a real one.
Q. What day did you receive them?
Brown. They came on the 22d of October, each had the Dublin post mark, and the London mark too.
Q. What answer did you give the prisoner?
Brown. I desired him to leave the bills with me, and call for them the next morning about eleven o'clock. He came again on the 30th, being the next day, between four and five o'clock in the evening. I asked him what he wanted, he said he called for the two bills he left at Mr. Puget's house, with Mr. Puget's clerk, (he seemed as if he had forgot me) I asked him what the sums were, he said one was a thousand pounds, and the other nine hundred pounds. I asked who they were payable to, he said to Sir Thomas Sinclare . I then desired him to sit down: I had got an officer ready from my Lord-Mayor to secure him. I went to Mr. Puget for the bills: I brought them and the forged letter of advice and told him they were all forged, the two bills and the letter, and that he must go before my Lord-Mayor to give an account how he came by them.
Q. What answer did he make to that?
Brown. He said he was sorry to hear that, but he would go with me where I pleased: upon that he was carried before Sir William Stephenson , late Lord-Mayor I went with him; he was asked his name, he said it was John Willson ; he was asked where he lived, he said he was a grocer and lived in Virginia street, that is in Ratcliff-highway: he was asked how he came by those bills; he said he received them in a letter from Dublin from Sir Thomas Sinclare .
Q. Were the bills produced before him?
Brown. They were, and he was desired to produce the letter he mentioned, but he said he could not tell what was become of it. He was asked how long he had been in England, he said he had been here about three or four years, and that he corresponded with Sir Thomas Sinclare . Upon this my Lord-Mayor was going to send to Virginia-street to see if any body there could give any account of him; but when the prisoner found that, he whispered to a person, and that person told my Lord-Mayor that the prisoner had told him he did not live there.
Brown. It was.
Q. What man was that?
Brown. It was a marshal's man, that was the person ordered by my Lord-Mayor to go to Virginia-street, but it was another person that the prisoner whispered to.
Q. Did the prisoner tell where he lived?
Brown. No, he would not tell. He was asked several times by my Lord-Mayor, but he would make no answer. I think he was then desired by my Lord-Mayor's clerk to write his name, he said he could not write. I then asked him if he could read, he said he could not. He was then asked by my Lord-Mayor how he came to carry on a correspondence with Sir Thomas Sinclare , when he could neither write nor read; to which he answered, many a one did a great deal of business that could neither read nor write. He was re-examined on the 20th of November-last, before the present Lord-Mayor, then he said all that he had said before the late Lord-Mayor was false, not a word of it true. He said then he was born at a place called Lisbourn, in the north of Ireland, and that he and one Osbourn came over to London together on purpose to buy goods, and that they had been in London about one or two days when they found these bills in Whitechapel, wrapped up in a piece of paper, that they intended to sell the goods they bought here in the north of England. He was then asked where he lodged, he said he lodged at Mile-end, but he could not tell the person's name at whose house he lodged, neither could he tell whether he could go to the house was he set at liberty, then he still said he could neither write nor read. Upon that a question was put to him, whether he had not wrote a letter to the turnkey of Newgate, then he acknowledged he had, upon which he was remanded back to Newgate.
Q. Does the letter you call the forged letter bare any resemblance of either of the partners?
Brown. It neither bears the form nor stile and manner of writing of any of them. Here is the real letter to compare, (producing it.)
Q. Did you receive the letters that day?
Brown. I think Mr. Puget himself did.
Q. Have you seen them all write?
Puget. I have.
Q. Look at this bill here produced. (He takes it in his hand.)
Puget. This bill was not wrote by either of their hands.
Q. Are you certain of that?
Puget. There is not the least similitude of either of their hands, neither is it in the form of the house.
Q. Have you accepted either of these two bills?
Puget. No, I have not.
Q. Look at these two letters. (The forged letter and real letter, which came in the post together, put into his hand.)
Puget. This is a forged letter, the other is a real one; that purports to be signed Latouch and Sons, but it does not at all correspond with the forged one.
Q. In whose hands has the forged letter been since you received it?
Puget. It has been in my hands ever since I received it.
Q. How long have you corresponded with Messrs. Latouch?
Puget. I and my father have corresponded since the year 1716.
Q. Do they ever sign any bills by their clerks?
Puget. No never, they are always signed by one or other of them.
Q. Are they all four partners?
Puget. They are. They have not missed writing to me or my father for these thirty years every post, and we to them.
The bill read to this purport:
Dublin, 17 October, 1765.
"Twenty one days after sight pay this our
"first per exchange to the order of Sir Thomas
"Sinclare one thousand pounds value received,
"which passes advice by procuration, from
"Your humble servant,
Puget. The original letter, which bears date to that bill, gives an account of the bills of exchange drawn upon me, is dated Dublin, 17 Oct. 1765, signed Latouch and Sons, directed to me, London.
(It is read in court, in which is no account of the forged bill.)
Puget. The genuine letter is signed for his christian name Dd. which is his usual method, but the forged one is wrote David at length.
Puget. I was before my Lord-Mayor on his second examination, then he said he found the two bills in Whitechapel, and that one Osbourn was along with him at the time.
Q. Did you hear him asked if he could write?
Puget. He was asked if he could write, he said he could not; then there was a question put to him, whether he had not wrote to one of the turnkeys at Newgate.
Q. How came that question to be put to him?
Puget. Mr. Akerman said a note had been received by one of his turnkeys, sent from the prisoner, and that he was ready to produce it. He was asked three times whether or no he could write, he said he could not. He was asked which of the prisoners in Newgate he had got to write the note for him, then he said he wrote it himself.
Thomas Rothway . I am one of my Lord-Mayor's marshalmen. I was present when the prisoner was under examination before Sir William Stephenson . The prisoner was asked who he was, and where he lived; he said he kept a grocer's shop in Virginia-street. I was ordered to go to Virginia-street, to enquire into the truth of what he said, by Sir William Stephenson . I was suspicious of the truth of it, I took the prisoner by himself, and asked him whether he really lived there or not, he said I might go and see. Then one of my Lord-Mayor's clerks took him aside, and examined him, and found he did not live there.
Q. What is that clerk's name?
Rothway. His name is Sharp.
Q. Did you hear the prisoner tell him he did not live there?
Rothway. No, but Mr. Sharp immediately told me he had saved me a journey, for the prisoner says he does not live there.
Q. Was the prisoner present when Sharp mentioned this?
Rothway. Yes, he was.
Q. What did the prisoner say in answer to that?
Rothway. He said nothing at all.
John Sharp . I am clerk to my Lord-Mayor. I remember Mr. Rothway being ordered to go to Virginia-street, to enquire whether a person then under examination did live there, and I asked that person whether he did or not; and said do not go to give the person unnecessary trouble, if you do not live there say so; he answered he did not live there.
Q. Do you remember what that person said was his business?
Sharp. I remember he said he had some sugar-loaves hung out at his door.
Q. Do you recollect that person?
Sharp. I do not, so as to be certain to the prisoner; I only remember such conversation passed between a person under examination and I.
Q. Did you tell Rothway what that person told you?
Sharp. I did, and that prevented his going.
Puget. I have wrote to Ireland about it, but cannot find out any such person.
Q. Supposing you had accepted those bills, and the prisoner had got the possession of them, there must first be an indorsement of Sinclare before any money could have been made of them, must there not?
Puget. Yes, there must; but I suppose the person, that wrote the body of the bill, could easily have wrote such a name upon it.
Mr. Akerman. I was before Sir William Stephenson , late Lord-Mayor, when the prisoner was taken there to be examined. The prisoner being asked if he could write, said in answer, he could not. I recollecting while he was in Newgate, he had wrote a letter or note to one of my turnkeys, I mentioned that. Upon which he being asked whether he wrote it or not, owned he did write it. This is it, (producing a writing.)
(The forged letter read, giving an account that Sir Thomas Sinclare called upon him, and had lodged 2033 l. with him, on which account he had sent the two bills to be accepted, &c. signed David Latouch and Sons.)
I was coming up Whitechapel, I saw a piece of paper lying on the ground; I took it up and went into the Talbot-inn and called for a pint of beer. I took the paper to see if there was any advertisement about it. Seeing there was not, I took the paper and went to Mr. Puget's to get him to accept it; the clerk told me to call the next day at eleven o'clock; that day it was not in my power to call at that time, but about half an hour after four I called, then I was detected; and your Lordship will please to consider, had I known these bills to have been forged, no person
Guilty of publishing it, knowing it to have been forged . Death .
107. (L.) Rinsey Tyrer was indicted, for not surrendering himself to make a discovery of his estate and effects, before the commissioners named in a commission of bankruptcy within the space of 42 days given him, nor in the enlarged time given him by the Lord Chancellor . ||
Q. Is he indebted to you?
Evans. No, he is not at present; he was when he absconded.
Q. Have you no demands on his estate and effects?
Evans. No, I have not.
Q. Who paid you?
Evans. The assignees paid me.
Q. Was you paid your full demands?
Evans. I was paid what they say was my due, and I gave them a receipt for it in full.
Q. Did you promise to return any if the prisoner was not convicted?
Evans. No, I did not.
Q. What was your debt?
Evans. My debt was 4 l. and 4 s.
Q. What have you received?
Evans. I recovered a guinea and a half.
Q. Why was you not paid the whole?
Evans. I was with his relations part of the time, and he promised to pay me the same as before, but they say that it is not my due.
Q. Have you any farther demand upon them?
Q. Upon your oath is there any more due to you?
Evans. It was due according to promise. He promised to pay me for that time.
Q. Have you any demands upon the assignees?
Evans. No, Neither have I any upon my master, has the assignees thought proper not to allow it. They would not allow the board waggon.
Q. Does the prisoner owe you any thing?
Q. How long have you known the prisoner?
Eglestone. I have known him eleven months.
Q. When have you known your master and the prisoner have dealings together?
Eglestone. He has come to my master, and had goods of him the 19th of February last.
Q. What goods?
Eglestone. He had two pieces of silk for women's garments. He applied to my master three times for goods of this sort.
Q. What is your master's business?
Eglestone. He is a silk weaver.
Q. Do you know what the prisoner did with the pieces of silks?
Eglestone. I do not know.
Q. Did you hear him give any account what he bought them for?
Eglestone. No, I did not.
Q. to Evans. How old are you?
Evans. I am 18 years of age next March.
Court to prosecutor's council. Now what is become of your receipt in full?
The prosecutors could not prove the prisoner a trader.
George Travell . I live in Brook-street, Holborn, and am a carpenter . I was pulling down some old houses. I had missed old timber several times. On Wednesday the 8th of January instant, I went and watched, and saw the prisoner, with two pieces on his back, about ten feet long. A girl at a public house said to him, that is Mr. Travell's wood, he will soon be after you. The prisoner went down Red-lion-street with it. I followed him.
Q. In what street are the old houses you are pulling down?
Travell. I was within about six yards of him. I ran but could not catch him. I went and took the timber up. and in about ten minutes time, the prisoner came back again to the same place.
Q. What time of the night was this?
Travell. This was after 9 o'clock. He walked backwards and forwards several times, and at last I went and took him standing near the King's Head.
Q. Are you sure he is the same man you had seen with your timber on his shoulder ?
Travell. I am sure he is.
Q. Was it a light or dark night?
Travell. It was a star-light night, very light. Then I took him in to the King's Head, and told him, if he would confess who was concerned with him, I would be favourable to him. He would not. I took him to the watch-house: there was another man came to appear for him, who desired I would be favourable to him.
Q. Which way was you going?
Dyche. I was going into Red-lion-street, and when I came back again, I saw him coming to the same place again.
I know nothing of what they charge me with. I was walking down there, and the gentleman laid hold of me, as I was coming out of Red-lion-street.
To his character.
- Walker. I have known the prisoner 8 years.
Q. What is his general character?
Walker. He always bore a very good character.
Q. What are you?
Walker. I am a sawyer.
109. (M.) James Gibson , gent. was indicted for forging and counterfeiting a certain instrument or writing, purporting to be an office copy of the accountant general's certificate of paying into the Bank the sum of 437 l. 13 s. 7 d. being the balance of the accounts of Mr. William Hunt , the receiver of an estate in question, in a cause depending at the court of Chancery, wherein Robert Lee and Christopher D'Oyley , Esqrs; executors of Sir George Browne , Bart. are plaintiffs, and Robert Pringle and others are defendants; and for publishing such office copy, knowing the same to be forged, with an intent to defraud the said Mr. Hunt, of the said sum of 437 l. 13 s. 7 d. against the statute, &c . * + ||
Mr. Herbert Crofts sworn.
Herbert Crofts . I am one of the sworn clerks of the court of Chancery, and attend here with the several pleadings which have been filed of record in the cause of Lee against Pringle (these several pleadings, consisting of the original bill, bills of reviver and supplement, and the several answers thereto, were read.)
Thomas Cory . I have here an order of the court of Chancery, dated the 11th of November 1762, referring it to the master to appoint a receiver in the cause of Lee against Pringle. I examined this order with the entry of it at the report office, and found it to be a true copy.
Council for prisoner. Then there is a book of entries kept at the report office, from which this copy was taken?
Mr. Cory. I beg pardon for calling this order a copy, it is the original order from which the entry in the book was made.
(This order was read.)
Council for prosecutor. The original receiver being dead, another receiver is prayed, and the court referred it to the master to appoint one.
Mr. Cory. This is an office copy of the master's report, appointing Mr. Hunt receiver, dated the 26th of January 1763. I examined this copy with the original report, which is filed at the report office. (An objection was then made to the reading this report, by the prisoner's council, a prior report of approving the receiver's recognizance not having been produced, but the court over-ruled this objection, and ordered the report to be read.)
Mr. Hunt. I am the person who was appointed receiver, in the cause of Lee against Pringle, Messrs. Francis and Gibson were in copartnership, and solicited this cause for the plaintiffs: in consequence of my appointment, I received a year's rent from Michaelmas 1761, to Michaelmas 1762.
C. for prosecutor. Did you receive any letters from the solicitors ?
Mr. Hunt. Yes, I received several letters from Mr. Gibson, and I sent up my accounts to their chambers in Lincoln's-Inn; and Mr. Gibson afterwards sent me word, that they had been passed
C. for prosecutor. Have you got that letter in which he gave an account they were passed?
Mr. Hunt. Here it is (producing the letter.)
C. for prosecutor. Did you ever see Mr. Gibson write?
Mr. Hunt. I can't say I ever did.
Q. to Cory. Did you ever see Mr. Gibson write?
Mr. Cory. Yes, many times. I know his hand extremely well.
C. for prosecutor. Look at this letter, whose hand is it?
Mr. Cory. This is undoubtedly Mr. Gibson's hand writing.
(This letter is read.)
"As Michaelmas is past, it will be expected
"that the balance of your account should be paid
"in. I should therefore be glad you will provide
"for remitting the same, as soon as conveniently
I am, Sir,
Lincoln's-Inn, Nov. 22, 1763.
Mr. Hunt. In consequence of this letter, I sent up bills to Mr. Child for more than the sum due, and sent up a draft upon Child for the balance of my accounts, payable to Messrs. Francis and Gibson; and I have here a letter from Mr. Gibson, acknowledging the receipt of this bill.
Mr. Donaldson. I am clerk to Messrs. Child and Co. Here is a draft drawn by Mr. Hunt on Mess. Child, and payable to Mess. Francis and Gibson.
Mr. Hunt takes the draft in his hand. This is the draft I sent up.
The draft was read to this purport:
"Twenty one days after date, please to pay
"to Mess. Francis and Gibson, 467 l. 13 s. 6 d.
"on account of your humble servant,
Mr. Hunt. This sum was due from me at that time: here is the letter I received in answer ( producing it.)
C. for prosecutor to Cory. Look at this letter.
Mr. Cory. This letter appears to be of Mr. Gibson's hand writing.
(The letter is read.)
"We received your's with your bill on Child,
"for the balance of your account, and we will
"procure the accountant general's certificate as
"soon as the office opens.
I am, Sir,
Lincoln's-Inn, Dec. 24, 1763.
Three other letters were produced in court by Mr. Hunt. Mr. Cory looks at them, and deposed they were the hand writing of Mr. Gibson.
The first read.
"We received your's of the 25th. The method
"you propose to remit the balance of your
"account, will do very well, and the master's
"report, with the accountant general's certificate,
"is always a proper indemnification, and
"indeed the only one that can be had. When
"we have received the money, we shall pay the
"same, pursuant to the report, except the sum
"of 29 l. 10 s. 10 d. which is due to us, which
"the master has directed to be deducted out of
"your account, as the costs of getting you appointed
"and confirmed receiver, and of passing
"this account, a copy of which report
"I will send by the next post; and therefore
"I should think you had better send us a
"bill for that sum, and remit to Mr. Child only
"what, by the master's report, appears to be
"the clear balance of your account, to be paid
"into court, after deducting the above costs.
" I am, Sir,
"Your humble servant, J. Gibson."
Lincoln's-Inn, Nov. 29, 1763.
The second read.
"On the other side you receive a copy of the
"master's report, which I promis'd you in my
"last; I have been laid up with a violent cold,
"which prevented my sending it till now: I
"therefore hope you will excuse it. I wish you
"the compliments of the approaching season.
" I am, Sir,
Lincoln's-Inn, Dec. 17, 1763.
Mr. Hunt. Here is Master Bennett's report.
It is read in court.
The contents is the master in Chancery passing the receiver's account, from Michaelmas 1761, to Michaelmas 1762, wherein the sum 437 l. 13 s. 7 d. is allowed.
Mr. Hunt, Mr. Bennett is a master in Chancery.
"We have no objection to the change you
"have made in that part of the estate late in the
"possession of Mr. Claridge, and Mrs. Jarrett;
"and as you think it will be of benefit to the
"estate, to grant a lease of late Jarrett's, to Mr.
"Payton; we are ready to consent: but Mr.
"Payton must consider that the obtaining a lease
"under the circumstances this estate is in, will
"be attended with an expence of upwards, or
"at least 10 guineas, which he must pay. If he
"is desirous of having a lease under these circumstances,
"you will please to let me know,
"as soon as possible, and I will proceed to get
"the master's report before the office is shut: you
"will receive the book by the Stratford carrier,
"which will set out from the Saracen's-Head on
"Snow-hill, on Tuesday next, and you will
"please when you send your next account, to
"return the book, and also send the certificate
"with the vouchers, for the master's allowance.
" I am, Sir,
your very humble servant, J. Gibson."
Lincoln's-Inn, 28 Feb. 1764.
Counsel for prosecutor. What book is this mentioned in this letter?
Mr. Hunt. The receiver has a book which is sent up to the master, and when so sent it is usual to return it back to the receiver.
C. for prosecutor. Did you afterwards receive a book?
Mr. Hunt. I did, by the carrier, and likewise this voucher or certificate at the same time, or very near the time; whether the certificate was inclosed in the letter or the book, I cannot tell. I thought it was quite right, and so laid it by without regarding the particular time, and way of receiving of it: the book I received after the letter.
C. for prosecutor. When did you receive this certificate, as near as you can recollect?
Mr. Hunt. I cannot tell whether it came in the letter or the book, the letter is charged 9 d. I rather think I received it in the letter.
(The certificate is folded, and put into the letter, the folding corresponded well.)
Mr. Hunt. I verily believe it came in this letter.
C. for prosecutor. Had you at the time you received that letter, any other certificate besides this?
Mr. Hunt. No, none but this.
C. for prosecutor. Did you afterwards return this certificate?
Mr. Hunt. No, I kept it, and have had it in my custody ever since.
C. for prosecutor. At the time had you any other certificate you could send up but this?
Mr. Hunt. No, I never had any other, this was my first account I ever had.
C. for prisoner. Is there nothing that you ever sent up to the master, under the name of a certificate?
Mr. Hunt. No, not as I know of, and I did not send this up, I kept it for my indemnification.
C. for prosecutor. Did you receive your book of accounts?
Mr. Hunt. I did, that was the second account; It is a draft of the account for the subsequent year.
C. for prosecutor. Is the writing in the same form, it was when you sent it?
Mr. Hunt. Here are some alterations made in London, after I sent it, there are interlineations made in it.
C. for prosecutor. Who did you send this second account to?
Mr. Hunt. I sent it up to Mess. Francis and Gibson, (produced in court.)
Mr. Francis. The prisoner was my partner, (he takes the paper in his hand.) I found this paper among some of the papers at the chambers, and to the best of my remembrance, it was taken out of a drawer, that had been locked up by Mr. Gibson, and which I had opened by a smith after his unhappy confinement.
C. for prosecutor. Look at the several parts, in different ink upon it.
Mr. Francis. It is very visible. Mr. Gibson was my clerk for several years before I took him into partnership, so that I am very well acquainted with his hand writing.
C. for prosecutor. What is there in his hand writing?
Mr. Francis. Here is clear rent received as by the foregoing account, 545 8 9 Balance of the last account, 437 13 7. Total charge, 983 2 4. This is upon the charge part of the account, the word charge, is Mr. Gibson's hand writing, in one of the columns on the charging side. The first article of the discharge also appears to be Mr. Gibson's hand writing, it is this. Paid into
C. for prosecutor. Look on the back of this bill, and observe the words, witness J. Gibson.
Mr. Francis. This is the draft on Child, the words witness J. Gibson, are Mr. Gibson's hand writing.
Q. to Mr. Hunt. Should you have remitted any more money to Gibson, or Francis, on any other credit than this certificate?
Mr. Hunt. No, I certainly should not, I looked upon this to be my only indemnity; I mean the office copy, which I thought had been an authentic one, from the clerk of the Report-office.
Q. to Cory. Look at this certificate, and observe the date at the top?
Cory. I have not the least doubt but that the figures 20th and 1764, are Mr. Gibson's hand writing; I cannot be so positive to the word February, that seems to be more disguised than the figures.
Q. Was not you the prisoner's clerk?
Cory. I was clerk to him and Mr. Francis, during the whole time of their copartnership, and am therefore very well acquainted with Mr. Gibson's manner of writing.
Q. Look upon the body of the certificate?
Cory. Here are many words in the body of the certificate, which I could point out, that are extremely like Mr. Gibson's usual manner of writing, which makes me believe the whole was wrote by him.
Q. to Mr. Francis. Look at this writing, (he takes it in his hand.)
Mr. Francis. I have very carefully compared this with a great many writings of Mr. Gibson's; this writing in general is wrote in a fictitious character, ve ry much disguised, and different from Mr. Gibson's usual manner of writing, but I do believe the whole is his writing; perhaps the world may think I speak with partiality, being the prosecutor, but I am upon my oath, and shall be ingenuous, I do really think it is his hand writing.
Q. What words are most like his writing?
Mr. Francis. I cannot say words, but letters I can; the great letters T and F, thro' the whole writing, are so exact, that I can hardly distinguish them from his common writing.
C. for prisoner. Now Sir, without having made such comparison, could you have formed such a belief on barely seeing that paper?
Mr. Francis. I should not.
C. for prisoner. Then your opinion is founded merely upon comparison?
Mr. Francis. I am so well acquainted with the letters, especially the letter F, and the figures, that I do believe it to be Mr. Gibson's writing.
C. for prisoner. But you had formed no opinion till you compared it?
Mr. Francis. No, I had not; it is wrote in imitation of the clerk of the Report's hand: I think I could have founded my opinion from the figures on the top; it struck me very much when I first observed those very figures, this was before I compared it, but if I had not compared it, I could not have spoke with that satisfaction to myself I now do.
Mr. Kiddell. I have known the prisoner two years, very near. I had been clerk to Mess. Francis and Gibson about a month before Mr. Gibson was apprehended.
Q. Have you seen Mr. Gibson write?
Mr. Kiddell. I have, and have immediately copied it after he wrote it.
C. for prosecutor. Are you a competent judge of his hand writing?
Mr. Kiddell. I think I am. I think I could know any man's hand writing, was I to set by him, in three weeks.
C. for prosecutor. Look at this office copy, and see if any of this writing is like the prisoner's, (he takes the letter in his hand.)
Mr. Kiddell. I think the date and the two capital letters F and T, are greatly like his hand writing. I mean the letter F in February, and the T to the accountant general's name, T. Anguish; I believe the date is his hand writing.
C. for prosecutor. Look through it, and see whether you can find any more, that you believe to be the prisoner's hand writing?
Mr. Kiddell. To say I can swear to any word I cannot, but here are many letters I believe to be Mr. Gibson's hand writing: in the words four hundred there are some letters, I believe all the capital letters of T and F are Mr. Gibson's hand writing.
C. for prisoner. Perhaps you mean this instrument was wrote by somebody that does not know how to make T and F, and so they employed Mr. Gibson to do them?
C. for prosecutor. My general question is this: from the view of this and the knowledge you have of Mr. Gibson's hand writing, do you think this is his hand writing?
Kiddell. I do, indeed.
C. for prosecutor. Where are Mr. Francis's chambers ?
Kiddell. They are in Lincoln's-Inn, No. 7, up one pair of stairs.
(It is read in court.)
20th Feb. 1764.
By original and supplemental bills and bills of reviver.
I do hereby certify, that pursuant to an order dated the thirteenth of February instant, Mr. William Hunt , the receiver, hath paid into the Bank of England the sum of four hundred and thirty seven pounds thirteen shillings and seven pence, which is placed to my account as accountant general, and to the credit of the cause Browne against Pringle, in Master Bennett's office, in the books kept at the Bank and in my office, as appears by the receipt of Mr. B. Sabbarton, one of the cashiers of the Bank, dated the sixteenth instant, hereto annexed.
T. Anguish, Accountant General.
London, the sixteenth of February, one thousand seven hundred and sixty four.
Received of Mr. William Hunt , the receiver, the sum of four hundred thirty seven pounds thirteen shillings and seven pence, pursuant to an order dated the thirteenth day of February instant, made in the cause Lee against Pringle, which money is placed to the account of Thomas Anguish , Esq; as accountant general of the court of Chancery, and to the credit of the cause Browne against Pringle, in Master Bennett's office, in the books kept at the Bank, for the suitors of the said court of Chancery.
For the governor and company of the Bank of England,
437 l. 13 s. 7 d. entered.
T. Gradwele, examined.
C. for prosecutor to the jury. This is the instrument in question.
Mr. Ellill. I belong to the Report-office.
Counsel for prosecutor. Who is clerk of that office?
C. for prosecutor. How long have you been in that office?
Ellill. I have been in it fifteen or sixteen years. The business of that office is committed to me, so far as relates to this business. I have been under him and his predecessors that time.
C. for prosecutor. How long has Mr. Rainsford been clerk of that office?
Ellill. He has been in it about ten years.
C. for prosecutor. When any money is ordered from the court of Chancery to be paid into the Bank, by what method is it conducted?
Ellill. The accountant general's clerk sends some certificates to me, and the Bank receipt annexed to it. Then we make out an office copy of them.
C. for prosecutor. What do you do with the originals?
Ellill. They remain in the office.
C. for prosecutor. Who makes out those office copies?
Ellill. I do in general.
C. for prosecutor. Have you any original certificate by you?
Ellill. I have, (produced in court) by this you will see the nature of it. This is my writing.
C. for prosecutor. What do you call this?
Ellill. This is an office copy of the accountant general's certificate.
C. for prosecutor. Look at this instrument, ( the office copy in question) whose hand writing is it?
Ellill. This is not made by me.
C. for prosecutor. Is this the nature of an office copy?
Ellill. It has the appearance of an office copy, as though delivered out by me.
C. for prosecutor. Have you searched at the Bank for the original of this?
Ellill. I have, there is no account at the office of any receipt of the money, nor no such thing filed.
C. for prosecutor. Are you sure you never delivered this out of your office?
Ellill. I am positive I never delivered any such, and there is no original certificate to warrant it.
C. for prosecutor. Let me ask you again, are you certain?
Q. Who are they delivered out by?
Ellill. They are always delivered out by me. This part of the business is entirely done by me.
C. for prosecutor. What do you call yourself?
Ellill. I am deputy to the clerk of the Report-office.
C. for prisoner. They are sometimes called reports and sometimes certificates.
Ellill. They are one and the same thing, we look upon them in the same light. We receive a certificate with a receipt at the Bank annexed to it, we call it a Bank receipt.
C. for prisoner. Am I to understand it as your opinion, that a certificate and a receipt are all one thing?
Ellill. He sends his own certificate with the Bank receipt annexed to it.
Q. What do you do with them when you receive them?
Ellill. We make an entry of them.
C. for prisoner. At your office do you not deliver out office copies to any body that will pay you for them?
Ellill. Yes, we do.
C. for prisoner. Do they bare any marks: are they signed by Mr. Rainsford or you?
Ellill. Nothing more than the word examined, with the entry.
C. for prisoner. Do you put no marks to distinguish what comes from your office?
Ellill. No; we keep an account of what we receive for them.
C. for prisoner. I have not the smallest doubt that you neglect to receive your fees.
Ellill. We can tell when we see them, whether they are our hand writing or not.
C. for prisoner. Do you give office copies to every body that files them?
Ellill. All reports that are filed the person that files them must have an office copy.
C. for prisoner. Had you ever any refused?
Ellill. No, never; an office copy is made out from every report that is filed.
C. for prisoner. Do you make out your copies upon stamps ?
Ellill. We do.
C. for prisoner. Why so?
Ellill. Because there is an act of parliament for it.
C. for prisoner. What is the accountant general's papers on?
Ellill. They are on plain paper.
C. for prosecutor. Have you any vouchers that the money has been paid into the Bank besides the accountant general's certificate?
Ellill. No other whatsoever.
C. for prosecutor. What evidence has he to produce in order to prove that fact in a court of equity?
Ellill. He has only an office copy made by me.
C. for prosecutor. What evidence has he to produce to prove that fact in court?
Ellill. An office copy most undoubtedly.
C. for prosecutor. Is it possible for the party, according to the rules of the court of equity, to have the originals to produce?
Ellill. No, they are not allowed. They are not allowed to be read.
C. for prosecutor. Do you keep a journal?
Ellill. We do: that is in the custody of the office; that is in my custody. It is the journal in which I generally enter all these certificates.
C. for prisoner. Do you make these entries alphabetically?
C. for prisoner. Do you make these entries upon all accounts?
Ellill. I constantly do upon all accounts brought into the office of the transactions of the accountant general's. They are made every day, and posted to the several accounts.
C. for prisoner. Is there no other besides you in that office?
Ellill. Besides me there is another clerk in the office, but this branch of business is confined to myself, the other clerk never interferes in this business.
C. for prisoner. Have you never been out of order so as to be absent from the office?
Ellill. I have been absent upon illness.
C. for prisoner. Suppose during your illness a certificate is brought in, and an office copy is desired when you are absent, who does it?
Ellill. There may have been certificates brought into the office in my absence, but none delivered out to my knowledge. When I come to the office again, that person who is in the office delivers an account to me of what has been done in my absence.
C. for prosecutor. Was you absent in the year 1754.
Ellill. I do not know of the other delivering out an office copy during my absence; no none.
Ellill. I have been out of order not 12 months ago.
C. for prisoner. If one calls for an office copy of 20 years standing, will it not be granted?
Ellill. It will be granted.
Q. What is the name of the other clerk in your office?
Ellill. His name is Moon.
Q. What sort of stamps are office copies made of?
Ellill. On double sixpenny stamps.
Mr. Moon. I am clerk in the report office, along with Mr. Ellill.
C. for prosecutor. Who makes out these reports?
Moon. He does.
C. for prosecutor. Is this office copy of your making out?
Moon. (He takes it in his hand.) No, it is not. This was never wrote in our office.
C. for prosecutor. Was Mr. Ellill ever so ill as not to attend ?
Mr. Moon. He had a fit of illness, that I believe was above 12 months ago.
C. for prosecutor. Who made out the office copies then?
Mr. Moon. No body but me, and that by way of friendship to Mr. Ellill.
C. for prosecutor. Did you deliver those copies you made in the office?
Mr. Moon. I don't remember I did deliver any out, I believe they were in the office till Mr. Ellill came.
Mr. Noel. I am clerk in the accountant general's office. When I receive certificates from the Bank, shewing money has been paid in the Bank, upon the accountant general's credit, we make out a certificate, and carry it to the clerk of the Report-office.
Counsel for prosecutor. Do you keep a minute of that?
Mr. Noel. I keep a minute of that always: it is thus conducted: in the first place there is a direction given to the Bank of England to receive so much, that direction is entered into the book: when the banker's receipt comes back to the Bank, that is entered in the same book, and the date that the accountant general's certificate bears, he sends out two certificates; the first I call the direction. The party that is to pay the money, carrier that to the Bank, and leaves it there, and brings back a receipt from the cashier, and that is made an entry of in the accountant general's book, and likewise the date of the accountant general's certificate, which I always send to the Report office. But we have another book, which we call the report book, in which these certificates are put, and the name of the cause.
C. for prosecutor. Have you searched the books in your office, in order to find any such report (as this in question) made?
Mr. Noel. I have made diligent search: there has no money been paid into the Bank on such an account, neither is there any entry of a receipt or certificate, no direction ever applied for. In point of fact, there is no such thing to be found.
C. for prosecutor. Who has been the accountant general for two years past?
Mr. Gradwele. I am entry clerk at the Bank: we act directly under the accountant general: when any money is to be paid in, we are authorised to take that money in of the accountant general: we make an entry of it, in what we call the cash book.
C. for prosecutor. Do you know Mr. Sabbarton?
Mr. Gradwele. I do; he is one of the cashiers of the Bank.
C. for prosecutor. Is there any entry in your book, in the cause of Lee and Pringle, the 16th of February 1764, of any payment.
Mr. Gradwele. I have searched, and find none. We always make an entry when any money is paid in. There was no money paid in.
Mr. Hayes. I have been clerk a great number of years to Mr. Bennett, a master in Chancery. (He produced a book.) Here is a bill of costs, which Mr. Gibson produced: he brought in this account to the master's office: this is the bill of costs for passing the account.
C. for prosecutor. Did you attend the taxation ?
Mr. Hayes. I did.
C. for prosecutor. Who allowed for the taxation?
Mr. Hayes. Mr. Gibson did, and he attended the taxation.
C. for prosecutor to Mr. Francis. Look at this bill of costs.
Mr. Francis. (He takes it in his hand.) I do believe this bill to be Mr. Gibson's hand writing.
Mr. Cory. I believe it to be Mr. Gibson's hand writing.
It is read in court.
Attending the accountant general for his directions to pay the balance of the last account into the Bank, and for the certificate of payment, - 6 s. 8 d.
Attending to pay the same, - 6 8
Paid filing the certificate, - 4 4
Copy thereof for the receiver, - 1 0
Letters and messengers, - 2 0
C. for prosecutor. This is a bill of costs for passing the account to Michaelmas 1763, is it not?
Mr. Hayes. Yes, it is.
C. for prosecutor. My Lord, we have done.
My counsel are properly instructed in my case, and I leave myself to their judgment. I have a number of gentlemen to speak to my general character.
To his character.
Q. What are you?
Palmer. I am an upholsterer, I always looked upon him to be a very worthy honest man; I would have trusted him with all I am worth in the world.
William Nicholson . I am a couler and drum-maker, and live in Barbican: I have known him about seven years, and have been intimate with him about three; I looked upon him to have an extreme good character.
John Pugh . I am a victualler, and live in Hatton-garden, I have known him 20 years, and have employed him, and thought he did me a great deal of justice; I always looked upon him to be an honest man.
The jury found him guilty of the facts laid in the indictment; but the counsel for the prisoner's objection was, that however these facts might be credited, the fraud was not an offence within the act of parliament, made in the 12th of George the first, on which the indictment was founded; upon which it was made special .
There was another indictment against him, for such another offence, for the sum of 467 l. 11 s. being the subsequent year's account.
James Wilkins , Robert Scott , Edward Bonson , Stephen Wheat , Robert Tull , Thomas Reynolds , and Mary Pyner , capitally convicted in December sessions, were executed on Wednesday the 15th of January.
Received sentence of Death, 3.
Transported for 14 years, I.
Mary Jane Evans.
Transported for 7 years, 16.
William M'Cullock, William James , Thomas Shepherd , Samuel Davis , Hannah Gregory , John Wright , Sarah Plint , otherwise Anne Price, Thomas Davis , Elizabeth Stot , Hannah Gearing , Mary Minty , Thomas Boram , James Innis , Philip Begnon , otherwise Bourvelly, otherwise Lewis, Eleanor Sharp , and Elizabeth Healey .
James Wilkins , Robert Scott , Edward Bonson , Stephen Wheat , Robert Tull , Thomas Reynolds , and Mary Pyner , capitally convicted in December sessions, were executed on Wednesday the 15th of January.