Old Bailey Proceedings, 9th September 1767.
Reference Number: 17670909
Reference Number: f17670909-1

THE WHOLE PROCEEDINGS ON THE KING's COMMISSIONS of the PEACE, OYER and TERMINER, and GOAL DELIVERY FOR THE CITY of LONDON; And also the GOAL DELIVERY FOR THE COUNTY of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 9th, Thursday the 10th, Friday the 11th, Saturday the 12th, Monday the 14th, Tuesday the 15th, and Wednesday the 16th, of SEPTEMBER.

In the Seventh Year of His MAJESTY's Reign. Being the Seventh SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE SIR ROBERT KITE , KNT. LORD-MAYOR of the CITY of LONDON.

NUMBER VII PART I.

LONDON,

Printed for J. WILKIE, at the Bible, in St. Paul's Church-Yard.

[Price Six-Pence.]

THE WHOLE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of LONDON, &c.

Before the Right Hon. Sir ROBERT KITE , Knt. Lord-Mayor of the City of London; the Hon. JAMES HEWITT , Esq; one of the Justices of his Majesty's Court of Common Pleas *; JAMES EYRE , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer of the said City and County.

N. B. The characters * ++ direct to the judge whom the prisoner was tried; also (L.) (M.) by what jury.

LONDON JURY.

Dav Fotheringham ,

William White ,

Richard Isherwood ,

Christoph Raisbeck ,

Joseph Middleditch ,

Robert Knox ,

John Priestly ,

James Bonus ,

William Amoss ,

Christop Bushell , *

Benjamin Perry ,

Andrew Poole . *

** William Clivers and John Farrow served on the trial of the Brownriggs, in the room of Bushel and Poole.

MIDDLESEX JURY.

Henry Atkins ,

Silver Crispin ,

John Smither ,

Thomas Lovett ,

William Wilkinson ,

John Brathwaite ,

Thomas Taylor ,

Nathaniel Morgan ,

Robert Gouland , +

+ Thomas Halgate served part of the time instead of R. Gouland.

Will Halfpenny ,

Richard Wall ,

Lau. De Rippe .

Reference Number: t17670909-1

404, 405, 406. (L.) James Brownrigg , Elizabeth his wife , and John their son , were indicted, for that they, not having the fear of God before their eyes, but being moved by the instigation of the devil, did wickedly, maliciously, and feloniously, from the 1st of May 1766, and divers other days and times, to the 4th of August 1767, make an assault on Mary Clifford , spinster ; that the said Elizabeth, her the said Mary, wilfully, and of malice aforethought, did make an assault, with divers large whips, canes, sticks, and staves, and did strike, beat, and whip, over the naked head, shoulders, back, and other parts of her naked body, in a cruel and in human manner, giving to her divers large wounds, swellings, and bruises; and with divers large hempen cords, and iron chains, round the neck of the said Mary, did bind and fasten, giving her thereby a large and violent swelling on the neck of her the said Mary; and in a certain place, under the stairs, leading into a cellar, in the dwelling-house of the said James, did fasten and imprison; by means of which striking, whipping, binding, fastening, confining, and imprisoning her the said Mary, she did pine and languish till the 9th of August, when the said Mary did die .

And the said James and John his son, of malice aforethought, were present, abetting, comforting, and maintaining her the said Elizabeth the said Mary to kill and murder .

And her the said Elizabeth and James her husband, stood charged on the coroner's inquest for the said murder. *

Mary Mitchel sworn.

Mary Mitchel . I am going into sixteen years of age.

Q. Do you know the nature of an oath?

M. Mitchel. I do, I can say my catechism.

Q. Where did you live?

M. Mitchel. I lived in the house of James Brownrigg , in Flower-de-luce court, Fetter-lane ; I was his a prentice.

Q. How long have you served of your time?

M. Mitchel. I have served two years of my time last May; I was there two months upon liking before I was bound.

Q. How long was Mary Clifford there?

M. Mitchel. She was there about a year and a half; she was there a month upon liking.

Q. How was she treated during that month?

M. Mitchel. Very well.

Q. Had she a good bed to lie upon while upon liking?

M. Mitchel. She had.

Q. When did any ill usage begin?

M. Mitchel. About a week, or a little more, after she was bound.

Q. What sort of ill usage?

M. Mitchel. Such as beating her over the head and shoulders with a walking cane and a earth-brush by my mistress, that is Elizabeth Brownrigg , she was the first that began.

Q. Did you see any body else strike her?

M. Mitchel. Yes, John the son has struck her.

Q. Where did she lie after she was bound apprentice?

M. Mitchel. Sometimes on the boards in the parlour, sometimes in the passage, and very often down in the cellar.

Q. How came she to lie there?

M. Mitchel. She had the misfortune of wetting the bed; that was the reason of her being moved; at first she had a mat to lie on.

Q. Had she any thing to cover her?

M. Mitchel. Sometimes she had her own clothes, and sometimes a bit of a blanket.

Q. Was there any particular place where she used generally to lie?

M. Mitchel. Yes, in the cellar, where they used to lock us in; it goes under the kitchen stairs.

Q. How big was the place under the stairs?

M. Mitchel. It is about the bigness of a closet; it went in and turned under the stairs.

Q. Had she any bed there?

M. Mitchel. Sometimes she had a bit of a sack with some straw in it.

Q. What had she to cover her?

M. Mitchel. Sometimes she had something to cover her, and sometimes a bit of a blanket, and sometimes she was quite naked.

Q. Did she chiefly lie there?

M. Mitchel. She did.

Q. How many beds had your master in his house?

M. Mitchel. There was a bed in every room in the house.

Q. Were there any lodgers in the house?

M. Mitchel. There was when Mary Clifford came first, but there has been none for six months; there was only one bed taken up then.

Q. How came Mary Clifford first to lie in that place?

M. Mitchel. She was an hungry for want of victuals, and she got up one night and opened the cupboard-door, thinking to get some victuals.

Q. When was that?

M. Mitchel. I cannot tell justly when it was, it may be pretty near twelve months ago.

Q. Was she found out in going to the cupboard?

M. Mitchel. My mistress I think it was that found the cupboard door broke open.

Q. What did she take out of the cupboard?

M. Mitchel. There was nothing for her to take out.

Q. Was you with her?

M. Mitchel. No, I was not.

Q. What was done to her upon this?

M. Mitchel. My mistress made her strip naked to wash, and beat her all the while at times.

Q. How long was she washing naked?

M. Mitchel. She was naked washing all the day.

Q. What time of the year was it?

M. Mitchel. I fansy it was warm weather.

Q. How many times did she beat her that day?

M. Mitchel. I cannot justly tell; she beat her every now and then.

Q. How old was she?

M. Mitchel. She was going into fifteen.

Q. Was she taller or shorter than you?

M. Mitchel. She was taller a great deal than me.

Q. What did she beat her with?

M. Mitchel. She beat her with a stump of a riding whip.

Q. On what part did she beat her?

M. Mitchel. Her head and shoulders were mostly beaten.

Q. After that day where did Mary Clifford lie?

M. Mitchel. Down in the cellar under the stairs.

Q. Was there any window to the place where she lay?

M. Mitchel. No, there was not.

Q. Was there any hole to let in light?

M. Mitchel. There is a little hole upon the top of the door; the coals were taken out to make room.

Q. Who took them out?

M. Mitchel. I was employed to take them out; my mistress ordered me to shift them out into a large coal-hole; then Mary Clifford continued to be there.

Q. Was it of her own accord?

M. Mitchel. No, my mistress went down with her, and saw her locked in with a small padlock the first time she lay there; she was locked in on nights.

Q. What time had she used to be locked in?

M. Mitchel. Just before candle light.

Q. Did your mistress always lock her in?

M. Mitchel. The apprentice locked her in sometimes, sometimes I was locked in with her.

Q. Did any body else lock her in?

M. Mitchel. The youngest son (he is not here) he has locked her in, and John the eldest son has locked us in, when they have gone into the country on a Saturday night, and they have returned on the Sunday night; I used to be locked in with her from the Saturday night to the Sunday night.

Q. How often may they have gone into the country on a Saturday, and staid till Sunday night?

M. Mitchel. I believe they may six or seven times.

Q. Had you any bed to lie on in that place?

M. Mitchel. No, we used to get some rags out of the fore-garret, and sometimes we had used to put our own clothes on; sometimes we had only a boy's waistcoat; my mistress used to order us to take off our clothes.

Q. For what reason?

M. Mitchel. She never told us why; if she saw a hole in our clothes, she would say we should not wear them.

Q. Who was to provide you with clothes?

M. Mitchel. She did.

Q. When did you use to be let out?

M. Mitchel. On the Sunday night.

Q. What victuals had you to eat the time you were in?

M. Mitchel. A piece of bread, nothing but bread.

Q. Had you any thing to drink?

M. Mitchel. No.

Q. Did you not ask for water?

M. Mitchel. No, we were not a-dry when we were put in.

Q. Were you never a dry when you were there?

M. Mitchel. Yes, we were.

Q. How came it that you did not think of water after you had been locked up?

M. Mitchel. We did not use to think of any thing.

Q. Who generally locked you up on Saturday nights?

M. Mitchel. John Brownrigg generally did.

Q. Did your master ever lock you up?

M. Mitchel. I think he did no more than once; John used to stay in town after my master and mistress were gone in the country, till Sunday morning; he locked us up on Saturday nights.

Q. Did he let you out on Sunday mornings?

M. Mitchel. No, he never came near us on Sunday mornings.

Q. Who used to unlock the door on Sunday nights to let you out?

M. Mitchel. The apprentice boy.

Q. Who else?

M. Mitchel. The youngest son; I do not recollect any body else.

Q. Name whoever you saw beat Mary Clifford .

M. Mitchel. I have seen John the son beat her.

Q. How long ago.

M. Mitchel. About half a year ago.

Q. In what manner did he beat her, and for what?

M. Mitchel. Once he beat her with a leather strap, for not turning up a parlour bed; she was trying to turn up a press bed, and could not, so he took a leather strap which my master used to put round his waist, for my mistress to lay hold by when she rode behind him.

Q. Describe how Mary Clifford was dressed when John beat her.

M. Mitchel. She had on a boy's waistcoat, it was a very old rag, it did not cover her well; it came very high before, but was torn on each shoulder; it did not cover her behind.

Q. Was it buttoned?

M. Mitchel. No, it was pinned.

Counsel. He did not beat her hard?

M. Mitchel. He did, as hard as he could strike; she seemed as if she had not strength to turn up the bed; she had lifted it, but could not push it up; he said he would make her lift it up, he knew she could.

Q. Was she attempting to raise the bed when he beat her with this leather belt?

M. Mitchel. She was.

Q. Did he hurt her much?

M. Mitchel. Yes, I believe he did; her head and shoulders were not well at the time she had

been beat before by my mistress; the wounds were just scabbed over; my mistress used to be often beating her; John made her head and shoulders bleed very much.

Q. Which end of the belt did he strike her with?

M. Mitchel. By all appearance it seemed to be by the buckle end; I cannot say I actually saw the buckle.

Q. Was you by?

M. Mitchel. I was in the room all the time.

Q. Why do you say you believe it was the buckle end, if you did not see the buckle?

M. Mitchel. Because she bled so much.

Q. How long was he in beating her?

M. Mitchel. I cannot tell; he might be about five minutes.

Q. How many blows did he give her?

M. Mitchel. I cannot tell, he gave her a great many; he struck her eight or ten times, and then he would stop, to see if she would put up the bed; after that, he struck her again, and after he had beat her, he pushed the bed up himself.

Q. Did she bleed much?

M. Mitchel. There was a pretty deal upon the ground.

Q. Where must it come from?

M. Mitchel. Chiefly from her shoulders; her shoulders were bleeding.

Q. Are you sure the blood you saw upon the ground, was blood from Mary Clifford ?

M. Mitchel. I am very sure it was.

Q. What quantity do you think there was of it?

M. Mitchel. I believe there might be better than a tea-spoonful, it was a little puddle.

Q. Had she stockings and shoes on?

M. Mitchel. She might have shoes on, but stockings she seldom wore.

Q. Did you see blood upon her legs?

M. Mitchel. I do not recollect that I did.

Q. Whether the waistcoat she had on was bloody?

M. Mitchel. That I cannot justly say; there was blood upon her head.

Q. Recollect who else you saw beat her?

M. Mitchel. Once I saw James my master beat her with an old hearth-brush; I never saw that but once to my knowledge.

Q. Can you recollect the time your master beat her?

M. Mitchel. That I cannot justly say; I cannot pretend to tell, because I do not know how time passed.

Q. Where did your mistress use to beat her most?

M. Mitchel. She used to beat her in the kitchen most.

Q. Can you remember any particular time?

M. Mitchel. No, I cannot.

Q. When did you see it first?

M. Mitchel. I cannot justly say.

Q. In what manner did she use to beat her?

M. Mitchel. She used to tie her up in the kitchen; when first she began to be at her, she used to tie her up to the water-pipe, with her two hands drawed up above her head.

Q. Describe that water-pipe.

M. Mitchel. That goes across the kitchen; the hooks that hold it are fastened into a beam.

Q. Had she used to have her clothes on when your mistress tied her up in this manner to beat her?

M. Mitchel. No, no clothes at all.

Q. How came that?

M. Mitchel. It was my mistress's pleasure that she should take her clothes off.

Q. What had she used to beat her with?

M. Mitchel. She beat her most commonly with a horse-whip.

Q. How long did she use to beat her in this manner?

M. Mitchel. I cannot justly say, but she seldom left off till she had fetched blood.

Q. What sort of a whip?

M. Mitchel. It was a riding-whip, that my master used to ride with.

Q. How long was it?

M. Mitchel. I fansy it might be a yard long; she was tied to the water-pipe no longer than while my mistress was beating her.

Q. When did your mistress begin to tie her up to the water-pipe?

M. Mitchel. To the best of my remembrance it was before the warm weather began this year, but I cannot justly say; lately she has been tied up to a hook.

Q. Give an account of that hook.

M. Mitchel. There was one day talk about a hook; my mistress was angry, and asked my master why he did not put up the hook; he told her he would, and that day he did put up the hook.

Q. In what way did she express her anger?

M. Mitchel. She said she would beat us.

Q. Why did she talk of beating?

M. Mitchel. We were both to be beat.

Q. How long is that ago, since they talked about putting up the hook?

M. Mitchel. I believe it is about three months ago.

Q. Whereabout did he put up the hook?

M. Mitchel. That was whereabout the jack had been, upon the same beam where the water-pipe run under.

Q. What time of the day did she ask her husband to put up the hook?

M. Mitchel. That was towards dinner-time; she was threatening us then.

Q. How was it fastened up?

M. Mitchel. There was a screw went into the beam, and the part the rope went into was like a ring.

Q. After it was up, what use was made of it?

M. Mitchel. No other than to tie us both up.

Q. After it was put up, how long was it before any body was beat?

M. Mitchel. Mary Clifford and I were soon beat after that.

Q. How soon was Mary Clifford beat after?

M. Mitchel. I cannot justly say; I believe in less than a week.

Q. Describe in what manner it was made use of, when Mary Clifford was beat.

M. Mitchel. No body made use of it but my mistress; we were tied with our hands over our heads, and the rope went through the ring.

Q. How was she dressed when tied up?

M. Mitchel. She was never dressed when tied up; she never was tied up but when she was quite naked.

Q. By what part was she tied?

M. Mitchel. She was only tied by her hands; she was always beat till she bled.

Q. Was she often tied up to that hook?

M. Mitchel. She was very often.

Q. How often?

M. Mitchel. About once a week.

Q. Did any body assist Mary Clifford ?

M. Mitchel. No, there was no body to assist her; she was always beat with the whip.

Q. Did any body beat her when she was tied up to the hook besides your mistress?

M. Mitchel. No, no body else did; John came down once when my mistress had been beating her.

Q. How long was this before you were taken away?

M. Mitchel. This might be about six months before the hook was put up: my mistress told him she could not make her do any thing.

Q. Was this before John beat her about the press-bed?

M. Mitchel. I believe it was not long after that.

Q. What passed?

M. Mitchel. She had been beating her with the whip, quite naked; she was then tied up, to the best of my knowledge, to the water-pipe; she desired him to take the whip and beat her; then Mary Clifford was just let down; he took the whip, and gave her some very hard strokes, but did not continue beating her long.

Q. Was she naked then?

M. Mitchel. She was.

Q. How long had she been beating her?

M. Mitchel. She had not been beating her long; I cannot say how long.

Q. What was the condition of her body?

M. Mitchel. After Mrs. Brownrigg had beat her, she had many cuts about her; when John came down she was very bad; there was blood.

Q. Where was you at this time?

M. Mitchel. I was in the kitchen all the time; John beat her with the whip on her naked body.

Q. On what part did he more particular strike her?

M. Mitchel. I believe he did not strike on any part particularly.

Q. Do you know any thing of a jack-chain?

M. Mitchel. I do; Mary Clifford was fastened to it; one part of it was put round her neck, and the other fastened to the yard-door.

Q. Was it done very tight?

M. Mitchel. I believe it was as tight as it could be round her neck, without choaking her.

Q. How long was that put on before you were taken out of the house?

M. Mitchel. I believe it might be a month or six weeks before we were taken away.

Q. How was it fastened?

M. Mitchel. It was fastened by one ring being fixed in another.

Q. Could Mary Clifford undo it?

M. Mitchel. I cannot tell whether she could or no.

Q. What was she fastened there for?

M. Mitchel. Because she was very dry in the night, and she got out, and broke some boards down; she was to scour the copper, and was chained to the yard-door all day, and loosed from the door on nights, just before dark, but sent down into the cellar with her hands tied behind her, with the chain on her neck.

Q. Had she her clothes or waistcoat on?

M. Mitchel. I cannot say whether she had or not; she was locked into the cellar under the stairs all night.

Q. Who tied her hands?

M. Mitchel. I saw them after they were tied; my mistress tied them.

Q. Who put the chain round her neck, and fastened her to the door?

M. Mitchel. I saw it put about her neck, but cannot tell by whom; there were my mistress, and the youngest son, and my master by, when it was put about her neck; to the best of my knowledge, it was my master's youngest son Billy, that called her up by my mistress's order. I heard her beat her; there was a brass chain, a squirrel chain, added to the iron chain, to make it longer.

Q. Can you say your master saw the chain put on?

M. Mitchel. I cannot, I am not certain, but he saw it on after it was on.

Q. Which part of it was about her neck?

M. Mitchel. It was the iron part.

Q. What is your mistress by profession?

M. Mitchel. She is a midwife.

Q. Had she been out a little before you were taken away?

M. Mitchel. She had been in the country from the Saturday night till Sunday night; the next week, when she came home, she said nothing to us that night; on the Monday, the day following, she looked about the house, and said she could not find we had been doing any thing since she went out: she said she should give it us as soon as she had time, but she must go out then to see a gentlewoman she had laid; she was out till Friday, and came home in the evening.

C. for Crown. Now we are come to Friday the 31st of July; what did your mistress do on that day? do you know in what state of health the child was in that whole week?

M. Mitchel. She was in a very pretty good state of health, only her head and shoulders were sore, they were scabbed over; there were very great scabs on each shoulder, and three or four on the head; them on the head were in a fair way to get well.

Q. Were there scabs any where else?

M. Mitchel. I do not know that there were.

Q. What clothes did she wear that week?

M. Mitchel. She wore her gown and petticoat that week.

Q. How did she speak?

M. Mitchel. She could speak pretty well.

Q. On that Friday morning what did Mrs. Brownrigg do?

M. Mitchel. About ten in the morning, after she had done breakfast, she went down in the kitchen, and tied Mary Clifford up to the screw-hook, and said she would make her remember to work when she was out.

Q. Had she done any particular offence that day?

M. Mitchel. No, not as I know of; my mistress did not charge her with any offence committed on that day, or the night before; my mistress told her she had not forgot her two or three times when she saw her at night; for two or three different nights, as she came home, she took and tied Mary Clifford 's hands, and fastened the rope to them, and put that thro' the hook; this was about ten o'clock, I was in the kitchen at the time, there was no body there but us three; she horse-whipped her very much all over her, there were drops of blood under her as she stood, she struck her with the lash when she let her down as she was at her washing, and with the butt-end of the whip over the head, as she was stooping at the tub, and complained she did not work fast enough.

Q. How many times did she strike her with the butt-end.

M. Mitchel. Two or three times.

Q. Did she beat her any more that day?

M. Mitchel. Yes, she tied her up again naked.

Q. How soon after?

M. Mitchel. I cannot justly say how soon after; to the best of my knowledge I saw her tied up five times that day, and whipped by my mistress; I think my master and John were out that day, except their coming home to dinner; Mary Clifford had not her clothes on all that day, and my mistress gave her two or three strokes every time, but not so severe as before.

Q. Where did Mary Clifford lie that night?

M. Mitchel. I cannot say, she was either about the passage or locked in.

Q. Where were her clothes?

M. Mitchel. To the best of my knowledge they were in the kitchen, but she was charged not to put them on; she has been charged not to put them on many times by my mistress, when I have not heard it.

Q. What makes you say she was charged not to put them on if you did not hear it?

M. Mitchel. Because she would have put them on, if my mistress had not charged her to the contrary; my master or any body else would have bid her put her clothes on except my mistress.

Q. Had she her clothes on the next day?

M. Mitchel. She put them on on the Friday night, that is a gown and petticoat, and she had them on on Saturday; to the best of my memory she was not out till the Sunday in the afternoon.

Q. Where did your master and mistress dine?

M. Mitchel. They dined in the parlour.

Q. Where did the girl lie on the Saturday night?

M. Mitchel. I cannot say where she lay that night.

Q. Did she do any work about the house on the Sunday?

M. Mitchel. Yes, she was about just to sweep the room, and clean the sink in the back-parlour.

Q. Where were the family then?

M. Mitchel. I think, to the best of my knowledge, the family was all then in the back-parlour; to the best of my knowledge, my master, and John, and my mistress were there.

Q. How was the girl dressed?

M. Mitchel. She then had a boy's waistcoat on till the afternoon; I do not recollect she had any thing on her head, that was very bad then; the waistcoat was put on when she was bad, to go in to clean the room before dinner; that was between breakfast and dinner; she went about the room naked before the waistcoat was put on; her shoulders were in a very raw condition.

Q. Did no body take notice of the condition her head and shoulders were in?

M. Mitchel. No, not as I know of.

Q. Can you recollect the day you was taken away?

M. Mitchel. Yes.

Q. Who was at home before the people came?

M. Mitchel. My mistress, my master, and John were.

Q. Did Mary Clifford work about the house that day?

M. Mitchel. I believe my mistress thought she had hurt her.

Q. What day was that?

M. Mitchel. That was the Tuesday before the Friday.

Q. Was she up-stairs before any body came to enquire for her?

M. Mitchel. That I cannot tell, my mistress had been boiling bread and water to put to Mary Clifford 's throat.

Q. What was the matter with her throat?

M. Mitchel. It was very much swelled, and her head also; her throat was so swelled, that her chin and cheeks and all were quite even; it begun to swell on the Friday; my mistress began to put that poultice to it on the Monday night.

Q. Who saw her in this condition?

M. Mitchel. James my master did, and John his son was at home when they came to enquire for her, and so was my mistress.

Q. How many doors is there to your master's house?

M. Mitchel. There is one that opens into Flower-de-luce court, and one into Fetter-lane, that was always double locked, and the key in the parlour; the street-door was never opened, unless somebody in particular came, so that I and Mary Clifford could not go out.

Q. Who used to lock it?

M. Mitchel. That I cannot justly say; the other door my mistress or master or apprentice kept the key of when they happened to be at home.

Q. Was there any place open by which you could tell any body your complaint?

M. Mitchel. No, the parlour and other rooms have lately been kept locked.

Q. How long have they been kept locked?

M. Mitchel. I cannot tell justly, they were all locked, except the two garrets; the bed-chambers were all kept locked, there was none but the best parlour made use of; that parlour towards Fetter-lane was never made use of.

Q. Could you not at any time go through the parlour, and out into Flower-de-luce court?

M. Mitchel. No, there was always somebody in the shop or parlour.

Q. How often was you out of that house before you was taken out?

M. Mitchel. I have been to Islington with the family three or four times.

Q. When was the last time?

M. Mitchel. That was eleven months ago.

Q. Was not Mary Clifford sent out sometimes of errands?

M. Mitchel. I do not remember she ever was since she was bound apprentice, only she has been with the family at Islington, that is a good while ago; I think I was the last that was there of us two; I do not remember she was ever sent out of the house after she was bound.

Q. Did not she cry when her mistress whipped her?

M. Mitchel. Yes, but my mistress used to say, the more we cried the more she would beat us, and we endeavoured to stop it, but we could not help crying; but Mary Clifford cried out but very little.

Q. Describe whereabouts the kitchen is.

M. Mitchel. The kitchen is next to Fetter-lane, under ground.

Cross Examination.

Q. Do you think what you have said is strictly true?

M. Mitchel. I think it is.

Q. Did you, when before the coroner, say that your master had never given this girl one blow?

M. Mitchel. I did not say one blow, but I said he had not stript her in the manner my mistress did.

Counsel. I think you said he never beat her

M. Mitchel. That question was never put to me; the question was, Whether my master ever stripped me?

Q. Whether you did not say your master never did strike you?

M. Mitchel. No, I do not think I did say so; I think I was asked whether my master ever struck me with my clothes off.

Q. At the time when the deceased was endeavouring to lift up the bed, and John beat her, was there any body in the house besides John Brownrigg ?

M. Mitchel. No, my master and mistress were at their lodgings at Islington.

Q. Do you know that the cupboard-door was broke open?

M. Mitchel. It was broke open to be sure, the nails were almost out; that was the time when my mistress set her to washing naked.

Q. What had used to be in that cupboard?

M. Mitchel. There used to be bread and meat, and earthen plates, and such things.

Q. Did your master ever lock the deceased in under the stairs?

M. Mitchel. Once I think he locked us in.

Q. Are you sure of that?

M. Mitchel. I am, but I cannot justly say how long it is ago, it was on a Sunday.

Q. How long before you got out?

M. Mitchel. I believe about a month before, then my mistress was down in Hertfordshire.

Q. How long did you stay in that place when your master put the lock upon the door?

M. Mitchel. We did not stay there above half an hour.

Q. Who let you out?

M. Mitchel. The apprentice did.

Q. Who generally locked you up?

M. Mitchel. John Brownrigg did on the Saturday nights.

Q. Who gave you the bread there?

M. Mitchel. That was John Brownrigg .

Q. How many times did he beat her?

M. Mitchel. I do not remember he beat her more than twice.

Q. When was the last time?

M. Mitchel. That might be two or three months before we got out.

Q. Can you say you saw a tea-spoonful of blood upon the ground?

M. Mitchel. It did not seem like drops, it was more like a puddle.

Q. Did you see any part of the waistcoat bloody?

M. Mitchel. That I cannot say.

Q. Can you recollect whether the old scabs were broke at that time?

M. Mitchel. I think that must have been the case.

Q. Whether there were any marks at that time of the old sores by the beating of the son, or were they well?

M. Mitchel. Her head and shoulders were never quite well from the first time of beating.

Q. Was there not a hook which they run the spits through in the cellar?

M. Mitchel. There were two very large hooks, they were there when I was taken away.

C. for Crown. I saw them there two or three days ago.

Q. Can you give a reason why you was not tied up to them as well as to the other hook?

M. Mitchel. We were tied up to the other, because my mistress chose we should not have any thing to save ourselves by; they two hooks are put over the grate, the other was nearer towards the wall.

Q. How long was she beat with the hearth-brush by James Brownrigg before you was taken away?

M. Mitchel. That was a great while before we were taken away.

C. for Crown. We do not look upon it that any blow given by the husband was the occasion of her death.

Q. Were you both locked up?

M. Mitchel. We were.

Q. When you was tied up, was your master at home?

M. Mitchel. It was most commonly when he was not at home.

Q. Do you remember any thing of the deceased's falling down stairs?

M. Mitchel. I think that was one day that week when we were taken away before the Friday.

Q. Did she say any thing to you about it?

M. Mitchel. She told me the saucepan handle had hit her, and hurt her somewhere about the face.

Q. What was she carrying when she fell down?

M. Mitchel. I think she was carrying a saucepan down stairs.

Q. Do you remember any thing of a pail of water?

M. Mitchel. She had been scouring the stairs, and I think the pail catched her, and occasioned the fall.

Q. Was she much hurt?

M. Mitchel. She told me she had hurt herself very much with the saucepan on one side of her face.

Q. Did she not complain she had hurt her neck?

M. Mitchel. No, she did not.

Q. How many stairs did she fall down?

M. Mitchel. She fell down near all, I believe about eight or nine.

Q. How does the kitchen receive light?

M. Mitchel. From a sash-window with iron rails before it.

Q. Could not you throw the sash up?

M. Mitchel. We might; but if we did, some of them would hear us.

Q. Was you very often with the apprentice?

M. Mitchel. I was.

Q. Did you never complain to him?

M. Mitchel. Sometimes I did.

Q. Did you never desire him to apply to any body.

M. Mitchel. No.

Q. Did your master never do any thing towards preventing your mistress from beating Mary Clifford ?

M. Mitchel. I cannot say he ever did, sometimes he has taken the whip out of the house, and carried it to the stable.

Q. For what has he done that?

M. Mitchel. I cannot tell; he used to ride out.

Q. Did he not carry it there before riding out?

M. Mitchel. No, he did not.

Q. Has Mary Clifford been beat with any thing else besides the whip?

M. Mitchel. Yes, she has been beat with a walking cane.

Q. Had she not a scald head?

M. Mitchel. No, she had not.

Q. Was not her head shaved?

M. Mitchel. I never remember her head being shaved till she came to the hospital.

James Brownrigg . I shaved both the girls heads twice.

M. Mitchel. I had not a blemish before I came to my master, nor Mary Clifford neither.

Q. Did you know Mary Clifford before she came there?

M. Mitchel. Yes, I did.

Q. Did not she and you quarrel and fight?

M. Mitchel. We never fought. I have quarrelled with her when she has quarrelled with me, but we never fought.

Q. Do you not believe your master carried the whip from the house to prevent your mistress making use of it upon you?

M. Mitchel. I cannot tell that, he has come home and left it at the stable, and my mistress has sent the apprentice boy for it.

Q. Did you never complain to your master o your being tied up?

M. Mitchel. Once I did.

Q. What did he say to it?

M. Mitchel. He said he was sorry, but I should mind my business; I complained that time when the whip was carried to the stable on the evening; the next morning my mistress wanted it; I had been beat, and was very sore.

Q. from James Brownrigg . How long is it since the place was cleared of the coals, and tell the reason why it was cleared out?

M. Mitchel. I cannot justly say how long it may be ago, I believe it may be about eight months; we used to be in that hole since the coals were out.

Q. from James. Was there nothing put into that place?

M. Mitchel. There were some chips and shavings put in it about a month ago, but there were no chips and shavings in it when we were confined in it.

Q. Was you never bid by your master and mistress, not to go to the coal-hole, fearing you should set fire to the shavings?

M. Mitchel. No.

Q. from Elizabeth. Have I not sent down to you and the other girl, when you have been sitting with your clothes over your heads, to come up; and have I not beat you for lying there and neglecting your business?

M. Mitchel. No. We have often chose to go up into the shop and grind the white lead, rather than stay in the coal hole; we never went there without we were sent there, and fastened in.

Q. from James. Was you ever at Islington; and did you walk or ride there?

M. Mitchel. I rode there once, behind my master's youngest son, when the other was sick there, and once I walked there.

Q. from James. Do you remember riding in a coach there?

M. Mitchel. We had lodgings in Frog-lane, and I went there in a coach once.

Q. from Elizabeth. How long is it since you went with the other girl, to carry coals under your arm?

M. Mitchel. That was a great while before any of this cruelty begun.

Q. from James. Can you remember how long it is ago, since Mrs. Jones and her grand-daughter were at Islington, and you was there?

M. Mitchel. I remember it very well; it cannot be less than three months before the time we were taken out of the house

C. for Crown. They were taken out of the house the 4th of August.

George Benham sworn.

George Benham. I am an apprentice to James Brownrigg .

Q. When was you bound?

Benham. I was bound on the 2d of December last; I was there two months upon liking; Mary Clifford and Mary Mitchel were there when I came.

Q. Were there any other servants there besides them?

Benham. No, there was not.

Q. Did you ever see any body beat Mary Clifford ?

Benham. Yes.

Q. How long after you came into the house was it that you saw your mistress beat her?

Benham. In about two months after I was bound.

Q. What did she beat her with?

Benham. She beat her with the end of a horsewhip, or stick, or any thing that came in her hand as she ran by.

Q. Did you ever see her tied up?

Benham. No, I never did.

Q. Had she clothes on when she was beat?

Benham. She had her own clothes on, a light camblet gown.

Q. Did you never see her naked?

Benham. No, I never did, to my knowledge.

Q. How had you used to spend your Sundays?

Benham. I used to go to church in the forenoon, and sometimes in the afternoon I used to go and see my sister.

Q. Where had your master and mistress used to go on Sundays?

Benham. Sometimes they used to go out on the Sunday into the country, and sometimes they went on Saturday nights, and returned on the Sunday night.

Q. What became of Mary Clifford when they were abroad?

Benham. I do not know; I went out with my master sometimes on a Saturday night, when they went into the country.

Q. Where did Mary Clifford use to lie?

Benham. Sometimes in the coal-hole, and sometimes in the passage.

Q. Why did she lie there?

Benham. My mistress used to say, she befouled herself sadly, and rotted the beds to pieces; that was the reason she did not lie in a bed.

Q. Did both the girls hurt the bed?

Benham. I thought the other girl used to lie most commonly in my mistress's room.

Q. Did you never lock Mary Clifford into the coal hole under the stairs?

Benham. Once I did.

Q. By whose order did you do that?

Benham. By my mistress's order.

Q. What time of the evening did you lock her up?

Benham. It may be about nine or ten o'clock.

Q. Was she let out again the next morning?

Benham. She was.

Q. Was she locked up alone?

Benham. She was.

Q. Had she her clothes on when you locked her up?

Benham. No, she had no clothes on, only shoes and stockings.

Q. How came she to be naked?

Benham. I do not know.

Q. Had you seen her lately on that day?

Benham. I had.

Q. Had she her clothes on then?

Benham. She had.

Q. When were they taken off, and upon what occasion?

Benham. I do not know: she asked me to get her some clothes to cover her, and said, she knew where the clothes were. I bid her go and take them in with her: she took in some old pieces of blanket, a piece of an old rug, and such things to lie on, and cover her. I was opening the door for her to go in when she asked me.

Q. Did your mistress give you any reason why this was done?

Benham. No, she did not, that made my heart ach to lock her up so naked.

Q. Did you not ask your mistress why she did this?

Benham. No, I did not.

Q. Have you seen her so naked since?

Benham. I never saw her so naked before or since.

Q. Did your mistress hit her with a whip or stick often?

Benham. It may be once a week.

Q. Did you look at her back when she was naked, to see if she had any wounds upon her?

Benham. No, I turned my head away, and would not look at her.

Q. Why so?

Benham. I thought she might have some cuts by being beat, and my heart ached.

Q. Do you remember the time of your master being sent to the Compter? did you go and see him?

Benham. I did, the day after.

Q. Did your master send you on any errand from thence to his house?

Benham. He bid me go and take down the hook which was fastened up to a beam in the kitchen.

Q. Did he give you any reason for so doing?

Benham. No.

Q. Did you take it down?

Benham. I did, and put it into the top of a drawer in the shop.

Q. Did he not mention a whip?

Benham. He did not; he ordered me to burn all the sticks I could find. There was a piece of a rattan, a cane about a yard long, and a piece or two more of cane and the handle of a whip.

Q. How long was the handle of a whip?

Benham. That was about four inches long.

Q. Had you any particular reason for burning the handle of a whip as well as the sticks?

Benham. No, no more than the sticks.

Q. Did you know that when it was a whip?

Benham. I did, but that was not the riding whip.

Q. What became of the riding whip?

Benham. I do not know, that is in the country.

Q. How do you know that?

Benham. I rode with it, with the horse into the country, about a fortnight or three weeks ago, after my master was in the Compter.

Q. Where was the whip when your master went to the Compter?

Benham. It was at the Bell inn, in Holbourn.

Q. Did you ever see a chain round Mary Clifford's neck.

Benham. I do not recollect it was put round her neck; there was a chain; I saw her go into this coal-hole with a chain on.

Q. How long ago is that?

Benham. That may be four or five months ago. I cannot tell whether it was fastened, or whether she had it in her hand or not.

Q. Were her hands tied behind her?

Benham. No, they were not.

Q. Had she her clothes on, or naked, when she had the chain on.

Benham. She had a camblet gown on then?

Q. Do you know Mary Clifford 's mother, and how long?

Benham. I do; I have known her about three months; she came to our house, and asked for her daughter.

Q. How long was that before the girls were taken a way?

Benham. It may be about two months before.

Q. Was her daughter in the house then?

Benham. She was.

Q. Did she see her daughter?

Benham. No, I told her her daughter was not within.

Q. Did you not know she was within?

Benham. I knew she was within.

Q. Why did you tell her that falsity?

Benham. My mistress gave me orders, that when she came, to tell her she was not at home, or was gone out.

Q. Did she give you any reason why you was to tell her this?

Benham. She said the girl's mother was a bad woman, and might teach bad things to her daughter; she had never come before, as I know of. I did not know whether Mary Clifford had a mother or not, before my mistress gave me these orders.

Q. How long before the time of her mother's coming, did your mistress give you these orders?

Benham. It may be a month before, or more.

Q. Was the mother satisfied with this answer?

Benham. She was, and went away. I told her she was gone out with my master.

Q. Was your master or John by at the time you gave her this answer?

Benham. No, they were not.

Q. Did the mother come again after that?

Benham. She did in about a week, or not so much; my master gave her an answer that time, but I do not know what answer it was.

Q. Did she see her daughter?

Benham. No, she did not.

Q. Did the mother come at the time the overseers were there?

Benham. Yes, some gentlemen came and knocked at the door, the mother was with them, they then asked for Mary Clifford .

Q. Was Mary Clifford in the house then?

Benham. She was, I had seen her that morning standing on the foot of the stairs about nine o'clock.

Q. What time of the day did the overseers come?

Benham. About two or three in the afternoon.

Q. How was the girl dressed then?

Benham. She had a light camblet-gown on.

Q. In what condition was she?

Benham. Her face was swelled, she had a cap on, and a handkerchief put all round her neck; I fancy she had on a poultice.

Q. Have you ever seen her cap bloody before?

Benham. I have.

Q. How often?

Benham. Once or twice a week the sores used to run I believe.

Q. For how many weeks?

Benham. For the last fortnight I have seen it bloody many times.

Counsel. Ten times?

Benham. Yes.

Council. Twenty?

Benham. I am not sure.

Q. Have you not seen her cap bloody before the last fortnight?

Benham. I have.

Q. When was the first time?

Benham. That I cannot recollect.

Cross Examination.

Q. How long had you been with Mr. Brownrigg before you was bound?

Benham. I was with him about a month or six weeks.

Q. Do you mean two months after you was there or two months after you was bound, that you saw your mistress beat her?

Benham. I mean two months after I was bound.

Q. How many blows might she receive when she has been beat?

Benham. Two or three blows.

Q. Did you master James ever do any thing to her?

Benham. I have heard him say to the girl, go along about your business, and push her along the parlour, when my mistress was going to beat her. My master met me once going home with the whip in my hand; my mistress had sent me for it; he asked me what I was going to do with it; I said, to take it home; he said, take it back with you, and go and dress the horse.

Q. How often have you put Mary Clifford in the coal-hole?

Benham. Never but once, to the best of my knowledge.

Q. Was the camblet gown her usual dress?

Benham. Sometimes she used to have a bit of a waistcoat on.

Q. Where did the other girl, Mary Mitchel lie?

Benham. To the best of my knowledge, she used to lie in the parlour with my master and mistress.

Q. When any body was at the door, who went to open it?

Benham. Sometimes me, sometimes my master's youngest son.

Q. Where was the key of the street-door kept?

Benham. That hung up by the side of the door.

Q. Have you ever seen either of the girls out of the house?

Benham. Yes, I have, she that is now alive.

Q. When was that?

Benham. About a fortnight or three weeks before my master was taken up; it was on a Sunday in the afternoon; she walked to Islington.

Q. How long did she stay there?

Benham. I cannot recollect that; my master's youngest son and I followed her.

Q. How often has she gone to Islington?

Benham. She has gone there twice.

Q. Was she ever out at the door upon any other business?

Benham. To the best of my knowledge she never was.

Q. Do you know how often Mary Clifford changed her cap?

Benham. I do not.

Q. Was it the same cap, or different caps, that you saw bloody?

Benham. Indeed I cannot tell.

Q. How was it, clean or dirty, when you first saw it?

Benham. It was a clean cap.

Q. At the latter end of your seeing it, what was it then?

Benham. It was dirty.

Q. Did it not appear as if it had been worn a fortnight?

Benham. No, it did not.

C. for Crown. Do you mean to be understood, that the cap was only bloody once, or do you mean you saw it bloody at different times?

Benham. At different times.

Q. Do you mean the same blood, or different bleedings?

Benham. I cannot tell that.

Q. Did you ever hear your mistress give orders to strip Mary Clifford ?

Benham. I have.

Q. How many times?

Benham. Once or twice she has bid her put her things off.

Q. What time of the day or night was this?

Benham. I believe it was in the day-time.

Q. Did she give a reason why?

Benham. Not to my knowledge.

Q. from Elizabeth. Whether you do not remember Mary Clifford being left at Islington, and the other girl left at home?

Benham. No, never to my knowledge.

Q. from Elizabeth. Do you remember Mary Clifford lying up two pair of stairs with a lodger?

Benham. Yes, once or twice.

E. Brownrigg. The gentlewoman would not lie alone, and Mary Clifford lay with her all the winter.

Q. from Elizabeth. Do you remember both the girls lying together in my room?

Benham. No, I do not.

Q. The girls both being named Mary, what name was the deceased called by?

Benham. By the name of Nanny, and Mitchel was called Mary.

Q. When the deceased's mother came, what name did she mention?

Benham. She said, does Mary Clifford live here.

Q. Did you know who she was enquiring after?

Benham. I did.

Q. from Elizabeth. Whether you remember Mary Clifford being fetched out of the ash-hole and coal-hole sundry times, when she was sent to do her business?

Benham. She used to lie sleeping about the dust-hole, or any where.

Q. At wha t time of the day?

Benham. Sometimes in the middle of the day, and the afternoon.

Q. Would she go there of her own accord?

Benham. Yes, no body ordered her to go there to my knowledge.

Q. Was it after she had any anger from her master or mistress?

Benham. That I cannot say; I have been sent to stand on the stairs to call her.

Q. In what condition did you find her?

Benham. She has had her gown on, much the same as she used to be.

Q. Did she never complain to you?

Benham. No, never to my knowledge.

Q. from Elizabeth. Do you remember her being sick, and her lying about on that occasion?

Benham. No, I do not.

Q. from Elizabeth. Was there ever a door to the coal-hole?

Benham. No, there was not.

C. for Crown. Was there a door to the little place under the stairs?

Benham. Yes, there was.

Q. from James. In what condition was the coal-hole?

Benham. It was fouled all over, all upon the top of the coals.

Q. How long had that hook been up, that you took down by your master's order?

Benham. That I do not know.

Q. Do you know what it was put up for?

Benham. No, I do not.

Q. Do you know what use was made of it?

Benham. I saw this girl that is now alive done up to it; she had a rope rope round her hands; but whether she was tied to the water-pipe or not, that I do not know.

Mary Clifford sworn.

Mary Clifford . I married the father to the deceased girl, seven years ago last May; she was with me about four years; her father went away and left me, and I delivered her up to the parish, and went into Cambridgeshire, and returned here again last Midsummer day; I went to the prisoner's house in Flower-de-luce court, to enquire for the deceased; there a boy answered me, and said there was no such person lived there, so I went away; then I went to the beadle of the parish, and asked if my girl was apprentice there; he said she was; then I went again, and asked for her again, and the boy denied her again.

Q. Who did you see at the house?

M. Clifford. I saw none, but the boy; he said there was no such person there; I went away, and let it alone a little while, and sent another person; they received the same answer; then I went again, then James the father opened the door; I asked for the gentlewoman of the house; he said, what did I want with her? I said, I wanted to see Mary Clifford their girl; he said there was no such person lived there; he threatened, if I came to breed any disturbance there, he would have me before my Lord-Mayor; then I went home: after that a baker's journeyman and apprentice that lives near them, came and told me the girl was there, and sadly used; I went up to the parish-officers, and told them of it; I went with them to the prisoners house; this was about a fortnight after the other time of going; the officers went in first; they denied the girl to the officers; they said there was no such girl there; then they beckoned to me, and I went in; then they said the girl was gone into Hertfordshire.

Q. Who said that?

M. Clifford. That was Mr. Brownrigg; Mrs. Brownrigg came out of the parlour into the shop, and did not speak a word, but ran away directly; I saw John the son at the time, but he did not speak a word.

Q. Do you think the woman heard you ask for the girl?

M. Clifford. She was in the house, and I think must hear me; the parish-officers said they would see the girl, and the man denied all the time that she was in his house, but that she was in Hertfordshire; they brought Mary Mitchel to us: then the officers searched for my girl, but could not find her; and when Mr. Brownrigg found he must go

to goal, he said he would deliver up the girl; I did not leave the house till she was produced.

Q. Who produced her?

M. Clifford. The son John did, there was a good deal of trouble first; the officers said they would make him produce her, or they would make him suffer; then Mr. Brownrigg sent for a lawyer; he told the lawyer he was charged on suspicion of murder, that they had threatened to send him to the Compter, and when they were going to do it, he produced her.

Q. What condition was she in?

M. Clifford. She was in a sad condition indeed, her face was swelled as big as two, her mouth was so swelled she could not shut it, and she was cut all under her throat, as if it had been with a cane, she could not speak; all her shoulders had sores all in one, she had two bits of rags upon them.

Q. Did you see where they fetched the girl from?

M. Clifford. No, I did not.

Q. What do you mean by all in one?

M. Clifford. Her shoulders were all cut to pieces.

Q. What do you imagine they were cut by?

M. Clifford. I suppose they were cut by whips or sticks, they had that appearance; her head was cut, she had a great many wounds upon it, and cuts all about her back and her legs; when I pulled her shoes and stockings off at the workhouse, I found her legs cut cross and cross, as if done with a thin end of a whip, and her back worse than her legs, and a very bad wound upon one of her hips.

Q. Did they appear as if any care had been taken of them?

M. Clifford. No, they did not.

Q. Was any thing applied to her throat?

M. Clifford. No, there was not.

Cross Examination.

Q. How often had you seen the husband before that time you went with the officers?

M. Clifford. I saw him but once before, and that might be a fortnight before.

Q. What answer did he make you?

M. Clifford. I said I wanted to see the girl; he said she wanted for nothing, and she did not want to see me.

Q. Had you told him who you was?

M. Clifford. I had, I said I was her mother-in-law.

Q. Did the wounds appear to be fresh done?

M. Clifford. Some seemed to be old, and some fresh done.

William Clipson sworn.

William Clipson . I am apprentice to Mr. Deacon, a baker in Flower-de-luce court, the next door to Mr. Brownrigg; my master and mistress both to'd me Mr. Brownrigg had apprentices there; there are leads cover his yard and my master's, and skylights to each: on Monday the 3d of August I was up at a two pair of stairs window, on the stair-case that commands Mr. Brownrigg's skylight; the sky-light window being taken off, I saw through that down into the yard; there I saw Mary Clifford , her back and shoulders were cut in a very shocking manner, and likewise her head; I observed her hair was red, she had no cap on, I saw blood and wounds on her head.

Q. Did you know her before?

Clipson. I had never seen her before as I know of; then I went down to the one pair of stairs, and crawled out at a window upon the leads; I crept on my belly to the sky-light, and laid myself cross it; I looked down, there I had a full view of her; I spoke to her two or three times, but could get no answer; I tossed down two or three pieces of mortar, and the third piece fell upon her head; then she looked up in my face, I saw her eyes black, and her face very much swelled; she made a noise something like a long Oh; and then drew herself backwards; I heard Mrs. Brownrigg speak to her in a very sharp manner, and asked what was the matter with her.

Q. How do you know it was Mrs. Brownrigg?

Clipson. I knew her voice, I had heard her scold at them several times before; then I went down and told my mistress what I had seen, and what a shocking condition the girl was in; then a watchmaker's wife, that lives opposite to us, went and found out the girl's mother-in-law, and she came to our house; we told her what I had seen, and what a condition the girl was in; she cried and went the next day to the overseers of the parish; they came on Tuesday the 4th with her; they went into the house; James, the father, said the girl was at Stanstead in Hertfordshire, and had been there a fortnight; I went in, and said I would take my oath I saw her the day before, which was the third; he said, she was looking after his daughter that had the hooping cough; I said, according to the description Mrs. Clifford gave of her, I believed it was she, and that she was in a very deplorable, bloody and shocking condition, with several wounds upon her; he swore by G - d she was not in the house; when Mr. Grundy insisted upon seeing the girl, I just

saw Mrs. Brownrigg; she turned about, and shut the door, and went off; we were in the house about half an hour, arguing with Mr. Brownrigg; he produced Mary Mitchel , and said, by G - d, that was all the girls he had in his house; our maid. was standing at the door; she went in and said to Mary Mitchel , what is the matter with your cap; she pulled off her cap and handkerchief; then I said I would take my oath that was not the girl that I saw, for the other girl was worse than the, a great deal, both on her head and back, as far as I could see; (I could see her shoulders, and near half way down her back when she stooped;) besides, the other girl had red hair cut short. When Mr. Grundy saw Mary Mitchel , he said, is this usage! and took the girl out into the court; Mr. Brownrigg then desired he would not expose him; then Mr. Grundy sent for Mr. Hughes, the constable, from Brown's coffee-house; when he came, we searched the house from top to bottom; and could not find the girl in the house; we searched every, where, where we thought any body possibly could be; the key of the garret could not be found, and Mr. Brownrigg broke that door open for us to search there; then they took Mary Mitchel away to the workhouse; in about half an hour after they came back again, and searched the house again, and could not find her; then they called a coach to take Mr. Brownrigg to the Compter; he then, when he found he must go, gave the coachman a shilling, and said he would produce the girl; I was then standing at the door, presently the girl was brought.

Q. Which way did she come from?

Clipson. I do not know, from some where in the house; she was in the house, I was on the outside the door; she was brought out to the door; I took hold of one of her arms, and the porter the other, and we led her away to the workhouse.

Q. Where was the father then, in or out of the house?

Clipson. He was not out of the house when he said he would produce the girl, he was at the door on Fetter-lane side; then I was shoved out of the house with others; there were many people there.

Q. Where did he go when he said he would produce the girl?

Clipson. He then went into the kitchen.

William Grundy sworn.

William Grundy . I am one of the overseers of the parish of St. Dunstan's; the mother-in-law of the deceased came to me at my house on Tuesday the 4th of August, and complained they had denied her child, and she had been used ill; I went with her to the house of Mr. Brownrigg, there was Mr. Elsdale the overseer of White-Friars precinct; there were Mr. Brownrigg; his wife and son John, at the door; Mr. Elsdale asked for Mary Clifford , because he knew her; he asked for both the girls, they being both bound out from his parish; the man denied them; he made a hesitation at first, when the name was mentioned; they had changed the name of one of them, they had called one Nanny; he owned to the name Mary, and said she was at Stanstead in Hertfordshire, nursing his daughter.

Q. Were the prisoners then present?

Grundy. They were all there, the father gave that answer, that was all I could get out of him for two hours I believe; I was there four hours in the whole; then the other overseer asked for the other child; he was answered by the father, she was not at home; upon that a neighbour knocked at the window and said the children were in the house, and desired me to insist upon seeing them; then I insisted upon seeing the other girl; in about half an hour I got sight of Mitchel, she was brought down stairs; I seeing what a bad condition she was in, asked her after Mary Clifford ; she said Mary Clifford was at Stanstead in Hertfordshire, as her master had said; I said to her, my dear, you shall never come here any more, if you will tell the truth where Mary Clifford is; it was some time before I could get it out of her; at last she said she left her upon the garret-stairs; still Mr. Brownrigg said she was at Stanstead in Hertfordshire; then I took Mary Mitchel to the workhouse, and said she should never come to her master's house any more; when we came back to Mr. Brownrigg's house, he still insisted upon it that she was at Stanstead, and some of the neighbour insisted she was in the house; after an hour and a half I sent for a constable, and gave him charge of Mr. Brownrigg; he still persisted in it she was at Stanstead; then one Mr. Coulson, a neighbour of his, said to me, Mr. Grundy, you do not know what you are doing, to take a man out of his house, and offered 500 l. bail for his appearance on the morrow morning; I said there is no bail for this, for here is the appearance of murder; I believe I was there between two and three hours before. I called a coach; when I called a coach, and was going to put him in, Mr. Coulson interfered; I thought I should have no friends to assist me; he desired to send for a lawyer; the lawyer came, and ordered us all out of the house; they talked of sending for a constable, we could get nothing else out of him; then I charged the

constable with him, in order to take him to the Compter; then Mr. Coulson said, be so good as to let me speak with him; they went backwards together; then Mr. Coulson came to me, and said, Mr. Grundy, Mr. Brownrigg will produce this child in half an hour; then we discharged the coach, and staid; I was sent for home; the other overseer was in the house when the child was produced.

John Elsdale sworn.

John Elsdale . I was an overseer of White-friars precinct, at the time the deceased girl was bound apprentice; on the 4th of August Mr. Grundy and the mother-in-law came to my house.

Counsel. To save time, take it up at the time the coach was proposed to be called.

Elsdale. When Mr. Brownrigg was informed he should go to prison, and the coach was waiting at the door, he desired leave to go into his house to speak to two or three friends; I said he should not go without the constable; I told the constable, I should look upon him to see him forth coming; he went in with him, and in a little time after, the constable came out again, and said there were some creditable neighbours there, that would see him forth coming; then I told the constable, he might stay in the room where I was, which was between the shop and the stair-case; they staid there, I believe half an hour; then the door opened: I then asked if he was ready to go; then he said we might come into that room; he said he would agree to produce the girl, provided that would satisfy us; I told him we should be satisfied, provided he would produce the girl, and asked him how long he would be before he would produce her, because he had told us, she was at Stanstead in Hertfordshire, and had been there a fortnight; he brought out a bottle of red wine, and handed round a glass a piece for us to drink, and, I think, in about half an hour after he said he would produce her; she was led in by a tallish young man, about such another as the son at the bar, but I cannot swear it was he, not taking much notice of his person; I went up to the girl, and asked her how she did; she could not speak, her mouth was extended; she could not shut her lips, her face was very much swelled; I thought the best method I could do, was to take her away to the workhouse; there was a surgeon came; he said she was in very great danger.

Q. Was the prisoner in the room all the time till the child was produced?

Elsdale, He was the greatest part of the time, if not all the time; he only went into another room for the bottle of wine.

Thomas Coulson sworn.

Thomas Coulson . I was present at the time Mary Clifford was produced; I told Mr. Brownrigg, it was reported there was another girl in the house, and I desired he would inform me whether there was one or no; he said, he had been informed by his wife there was never a one; he turned round to his son that is now at the bar, and then soon after he said he would produce her.

Q. Did you see her produced, and which way she came?

Coulson. She was brought down stairs into the room.

Q. How soon after he said he would produce her?

Coulson. In about eight or ten minutes from his speaking to her; she was set down in a chair by me; I asked her who it was that beat her? she shook her head; I asked her again, and said, was it your master; she said, by pronouncing it very incorrect and long, n - o; I asked her, if it was her mistress; she, in that same way, answered y-e-s; she could only say no and yes.

Cross Examination.

Q. How long have you known the husband?

Coulson. I have known him between three and four years.

Q. What is his character?

Coulson. I know him to be a sober industrious man from three years observation, and I believe him to be a humane good-natured man.

Q. Can you account for it, how it should happen that he did not prevent this?

Coulson. No, I cannot, I did not know there was a maid-servant in the house; I have never been with his wife, I have been with him often; I have invited him to my house to spend an hour or two with me, but I never was at his house; I know nothing of his family business.

William Denbeigh sworn.

William Denbeigh . I am an apothecary; I take care of the people in that workhouse; the deceased was brought in on the 4th of August; the girls were both in bed together.

Counsel. Confine yourself to the deceased.

Denbeigh. The top of her head and shoulders and back, appeared very bloody; I turned down the sheet, and found from the bottom of her feet to the top of her head almost one continued sore, scars that seemed as if cut with an instrument upon the body, legs, and thighs; upon one hip

was a very large wound; it spread about half the palm of my hand.

Q. What kind of an instrument do you think they were made by?

Denbeigh. That I cannot say, there was no dressing made use of; I was obliged to draw the shift from the wounds; her head was almost one continued fore, there were five or six wounds on her head.

Q. How long was her hair?

Denbeigh. I believe it was almost an inch or two long about the middle of her head; they might whip her from head to foot, but the repetition of that might occasion the wounds to be larger.

Q. Were they like wounds that might be occasioned by a horse-whip, often repeated before the old ones were healed?

Denbeigh. They might; I put four or five pledgets upon her, and took some blood from her; she had a fever upon her; her neck was swelled a great deal, to such a degree that she could not speak nor swallow; she was in a most shocking condition, I never saw such an object in my life; I dressed them both (that is the two girls) that night; when I came home, I told the gentleman that I lived with the case; it was requested they should be removed to the hospital, because we did not practise surgery. I got up the next morning, and told the officers of the parish, the sooner they were removed to the hospital the better; they were removed.

Cross Examination.

Q. Did the wounds bleed;

Denbeigh. They did; I was obliged to draw the shift from the wounds, which occasioned them to bleed.

Mr. Young sworn.

Mr. Young. I am surgeon to St. Bartholomew's hospital; the deceased was brought there the 5th of August, I saw her on the 6th.

Q. Give an account of what condition you saw her in.

Young. I found upon her head six wounds, three of them very large, and three small; they appeared to be bruised wounds, such as might be given by the butt-end of a whip; her head and throat extremely swelled, she could not speak or swallow; from her head to her toes was wounded, in such a manner as was impossible to number them, but particularly upon her hip; the other wounds appeared to have been done by the lash of a whip, that is, from the head to the toes; and they appeared to be in a state of mortification from neglect.

Q. Are you able to form a judgement of what these wounds were, whether of a few days before or from a former distance of time?

Young. They did not appear to be given a great while before.

Q. What do you call a great while?

Young. That is three or four months; they seemed to be of no longer standing than about a week.

Q. When did she die?

Young. She died on Sunday the 9th.

Q. What is your opinion was the cause of her death?

Young. The wounds were the cause of her death.

Q. To what do you impute the swelling on her neck?

Young. There was on her neck a sort of ring as if something had been tied tight about her.

Q. If a jack-chain had been fastened tight about her neck, might that occasion such a sort of a swelling?

Young. It might; when I saw her on the Friday, the swelling on the head and neck did a good deal subside, and she was able to swallow; after that, she was in a high fever and delirium, and died.

Q. Could she speak after the swelling was abated?

Young. She spoke very inarticulately, and was in so much pain, we did not think proper to make her speak.

Q. Was any thing said as to the present enquiry?

Young. No, there was not.

James the father's defence.

Here are several witnesses I can call, that have brought me word of the deceased girl's saying that I never beat her, nor suffered her to be beat. With regard to denying this girl, my dear partner for life, whom I have had sixteen children by, and the girl alive, they have always deceived me; I have been most bitterly deceived; they told me, the deceased was out of the house; my wife told me herself the girl was gone to Stanstead; the last time we were there, we agreed she should go there. I hope my attorney has got the examination that passed concerning me before the sitting Alderman: the woman that keeps the house where my lodgings were at Islington, can prove the girls used to go there by turns.

Elizabeth the wife's defence.

I did give her several lashes, but with no design of killing her; the fall of the saucepan with the handle against her neck, occasioned her face and neck to swell; I poulticed her neck three times, and bathed the place, and put three plaisters to her shoulders.

John the son's defence.

I am not capable of recollecting any thing, so I leave it to our counsel.

Q. to Mr. Young. You hear what the woman has mentioned as to the saucepan, was it possible the wound on the deceased's neck might be occasioned by that?

Mr. Young. I believe not.

For father and son.

John Manton . I asked the girl that is now living, where her master and the rest of the family were when she was beat; she said they were out; I asked her whether her master beat her or the other girl; she said he never did to hurt them, but he would give them a stroke or two.

Eleanor Peirce . I live in Fetter-lane, I was to see the deceased girl on the Wednesday before the Sunday that she ed; she could not speak, only just to let me understand yes and no; the Alderman asked her if her master ever beat her; she said n - o; he asked her if her mistress ever beat her; she said y - e - s, plain enough to be understood; this was as she sat in the sedan at Guildhall; the Alderman said it did not signify to ask her any more questions, as it put her in pain to speak; I never heard any ill on the characters of all three of them in my life before this fact.

Q. Was any thing asked the deceased about the son?

E. Peirce. I think she was asked if the son ever beat her, and I think she said, y - e - s; I think the girl now living, said the sons used now and then to correct her, but not so severe as the mistress did.

John Williams . On the 8th of August I went into the hospital to see a young woman that had broke her leg; after that my curiosity led me to go up to see these two girls; I asked the surviving girl how she did; she said she was very indifferent, and but indifferent; I said, did your master ever beat-you in your life; she said, no, he never did; I said, did he ever whip you; she said he might hit her a tap on the head or so; I said, I heard you have been starved, had you bread and cheese; she said we had bread and cheese, but no butter.

Francis Norton . I live at Islington, the prisoners lodged at my house over-against Cannonbury-lane; I did not know Mary Clifford , I never saw her, I saw the girl that is alive at Islington about three weeks before this unfortunate affair; I believe I have seen her there about three or four times with her master and mistress; I never saw any ill of Mr. and Mrs. Brownrigg.

Dinah Harrison . I live at Islington, Mr. Brownrigg had lodgings in my house twelve months, they behaved well in my house, but what was private at home I know not.

C. for Crown. The neighbours in general give the man and woman the best of characters, he as a sober, industrious, good-natured man, and she deserving the same character.

John Lucas . I have known the man, the father, about ten years, he always bore a good character.

Jarvis Reeves . I have known him about a dozen or fifteen years, and I knew her very well; I have been several times at his house, I never heard but he was an honest industrious man.

Q. Who had the principal management at home, he or she?

Reeves. That I cannot tell.

Q. Did he leave the management of things at home to his wife?

Reeves. I never saw any thing of that.

Alexander Willes . I live in St. Dunstan's-court, Fleet-street; I have known Mr. Brownrigg two years, I did not know his wife, he was a man of an agreeable chearful disposition.

James Acquitted .

Elizabeth Guilty . Death .

John the son Acquitted .

Elizabeth received sentence immediately, to be executed on the Monday following, and her body to be dissected and anatomized; and was executed accordingly .

James and John were detained, an indictment being preferred against them for assaulting and abusing Mary Mitchel .

Reference Number: t17670909-2

407, 408, 409. (M.) John Tinsey , John Gibson , and William Mackaway , were indicted for breaking into the dwelling-house of Joseph Sunshine , on the 8th of July , about the hour of one in the night, and stealing twenty-six linen shirts, four napkins, nine aprons, four sheets, a table-cloth, four stocks, and a handkerchief, the property of the said Joseph, in his dwelling house . *

Joseph Sunshine . I live in Whitechapel , am a sugar-baker , and work out, so was not at home when my house was broke open.

Mary Sunshine . I am wife to the prosecutor, I take in washing, I left my wash-house safe, which is under-ground; this was July the 9th in the morning, between one and two when I went to bed: it was a very slight fastening to the window-shutter, there is no glass, only a shutter and a bar; my garden is even with the window, the wash-house is under my dwelling-house, we have two ways to go into it, out of the yard and out of the house; I left fifty shirts and shifts, and a great quantity of large linen in it; I got up about seven,

and went into the wash house, the back-door was fast as I left it, the window shutter was taken off, there was no hinges to it, we put it up and take it down; the bar was taken away, we did not find that for three days after, we found it at the bottom of the garden; I found twenty shirts and shifts lost; I missed thirty shirts and eight aprons, two laced caps, a child's jam, four damask napkins, four sheets, three or four stocks, two or three table-cloths, and one handkerchief; I had just washed them. I had them cried about Whitechapel parish; there came a person and told me she had heard Patt Robinson (a woman) was seen with a bundle of things in Prescot-street; I went with Mr. Brebrook to her, after that we had some reason to suspect the prisoners; that day fortnight Gibson and Tinsey were taken, they said they had sold them to a Jew before the Justices, the other was taken a week after the evidence; a Jew came and surrendered, we went and searched his apartment, but found nothing; nine days after that Mackaway was taken, he said he knew nothing of the breaking my place, but the other two met him with the bundle by Whitechapel-bars; he went with them, and Tinsey delivered this bundle to a girl, and then brought him to my place, and brought another bundle away; upon this he, the evidence, brought nine shirts, two pair of stockings, a towel, a white apron, and four sheets, they were part of the goods taken out of my wash-house; I met with a shirt also that was sold (as I was informed) for a shilling; I never recovered any more of my things.

Abraham Teracona . The 9th of July, in the morning, John Gibson and Mackaway came to my house a little after three o'clock, they threw some soft mud up to the window as a token; they used to come sometimes later and sometimes sooner, I used to buy things of them; I opened the window, John Gibson took thirteen shirts from round his waist, and a white apron, and threw them in at the cellar window; they were all wet, and were fresh wringed out; Mackaway came up stairs, then he went down with me into my cellar to fetch them up, then I agreed with them, and gave them thirty shillings for them; I asked them where they got them from, they said from Goodman's-fields; I asked if they had broke any place open, they said no; I asked how they came by them, they said Tinsey showed them the place where to get them out of the washer-woman's house; I desired Gibson to go and look for Tinsey, he went and could not find him; he said he knew where to find all the linen. I went with him to Nightingale-lane, he went into a house there, and brought out seven shirts, and delivered them to me; I agreed with him for them, unknown to Mackaway, for fourteen shillings; about nine o'clock the same morning, Tinsey came running up my stairs, and said, where is my share; said Gibson, what can we give you out of fifteen shillings; Mackaway was there at the time; then he said, if you do not give me a share I will go and stag, I understood the word (that is, turn evidence;) Mackaway was going to strike him, they were going to fight, then they gave him a shilling each; I then asked him if he had any thing, he said he had at a house, but was afraid to fetch them; then Gibson said he would go with him, and he borrowed Mackaway's waistcoat to alter his dress; then they went to White-chapel; they brought me two pair of sheets, two pair of stockings, an apron, a towel, which I gave them seven shillings for; I asked him how he got these things; he said he watched the washer-woman from one to almost two o'clock, cross a wall; when he thought she was in bed, he broke her cellar window open; he said Gibson and Mackaway were not with him at the time; he said there were only two lowd women, and two little boys at the time with him: when this information was made against me, I went and surrendered myself, and took one of the little boys, upon which Mackaway was found out; (the goods found, produced, and deposed to.)

Anne Chadey . Mrs. Sunshine washes for me, here are three sheets and one apron of mine (taking them in her hand.)

Tinsey's defence.

I know nothing of it.

Gibson's defence.

I was not at the breaking the house, I am eighteen years of age.

Mackaway's defence.

I am eighteen years of age, I was coming along Whitechapel, they asked me to go along with them, I would not for a long while, and at last I did.

Michael Carey . I know Mackaway, I never heard any harm of him before this time.

Henry Bolter . I have known him from a child, I never heard any ill of him before this affair.

Tinsey Guilty . Death .

Gibson and Mackaway Guilty of felony only . T .

Reference Number: t17670909-3

410. (M.) John Miller , otherwise Croxen , was indicted for stealing three pair of silk stockings, value 15 s. the property of John Nutall , Aug. 19 . ++

John Nutall . I am a linendraper and hosier , I live facing Bedford-row ; this day se'nnight, between six and seven in the evening, I heard a glass-case move, which stood on the counter; it was not locked; I ran towards it, and saw the prisoner going out of my shop; I was within a yard of him; he ran in at the next door, a public-house; I missed three pair of silk stockings; I was standing by the door, in about two minutes the prisoner was coming out; I laid hold of him, and charged him with stealing my stockings; I went into the public-house, the Star and Garter, and asked if that man had left any thing; they said he had been backward to the necessary; we went and looked down the vault, and there were my stockings, (produced and deposed to.)

Elizabeth Batt . The prisoner came to our house, the Star and Garter, and asked for one Johnson; we knew no such person; then he went backwards to the vault, and soon came back, and went out; after which, the prosecutor came; we went and found these stockings there.

Prisoner's defence.

I went there to ask for an acquaintance, and went to the vault, but know nothing of the stockings. I am a journeyman gun-stock-maker .

Guilty . T .

Reference Number: t17670909-4

411. (M.) Elizabeth Wall , spinster , was indicted for that she, on the king's highway, on Charlotte Thompson , widow , did make an assault, putting her in corporal fear and danger of her life, and violently taking from her person a silk handkerchief, value 2 s. the property of the said Charlotte , August 2 . ++

Charlotte Thompson . I lodge at Mr. Hill's in East-Smithfield.

Q. What is your employ?

Thompson. I do any work I can get to do; on Sunday the 2d of August, between nine and ten at night, I had been at a public-house, the Ship, for a pennyworth of tobacco; returning I was knocked down, and my handkerchief taken from my neck; there were more accomplices, but I can speak to none but the prisoner; they came behind me.

Q. Did you see any body before you was knocked down?

C. Thompson. No, I did not; I received the blow on my cheek from behind me; the prisoner came behind me, and knocked me down.

Q. How do you know she did it?

C. Thompson. I saw her strike me, I was stunned with the blow.

Q. Did you know her before?

C. Thompson. I had seen her before several times, but had never spoke to her.

Q. Did you know where she lived?

C. Thompson. No.

Q. Did you know her name?

C. Thompson. No, I did not; when I recovered myself, I had a great mob about me; I hallooed out I was robbed, Elizabeth Wall had robbed me.

Q. Did you say so at that time?

C. Thompson. I did; I went home to bed, and she was taken the next day; I had sent to her twice in the morning, for her to send me my handkerchief, and I would forgive the abuse; but if she did not, I would swear a street robbery against her; and the answer I received was, that I might be d - d. After that, I heard she was gone for a warrant; then I thought it necessary to go for one. I went to the bench for one, and when I came home she was there, and acknowledged she had pawned it for half a crown in East-Smithfield.

Q. You just now said, you did not know her name, and the next breath you say you called out, Elizabeth Wall had robbed you; how do you account for that?

C. Thompson Every body knew her; I heard her name called; they called Bet Wall has got it.

Q. Did you see her after you had recovered from the blow?

C. Thompson. I did, and she went off from the mob.

Q. Did nobody attempt to take her?

C. Thompson. No.

Mary Oats . I lodge at Mr. Hill's, where Thompson does, in East-Smithfield.

Q. How many young women lodge there?

M. Oats. There are two more, and one of them is in the hospital with a sore leg.

Q. What is your business?

M. Oats. I go out a washing and scouring, sometimes one thing, and sometimes another; I was going home that evening, and saw Bet Wall knock Charlotte Thompson down, and take her handkerchief from her neck, and said here, to somebody, I cannot tell to who; I went, and called Mr. Hill directly, and came back with him. She had recovered the blow, and went home with us; Elizabeth Wall, and a man that keeps her company, went away together. I heard her say, this b - h, I'll be her butcher.

Q. Was this after you had been for Hill?

M. Oats. It was; they were two or three yards from Charlotte Thompson ; there were a number of people about Thompson, but I do not know who they were.

Q. Did you tell the people that was the woman that robbed her, when you saw Wall?

M. Oats. I did; Mr. Hill went up to see if Charlotte Thompson was robbed

Robert Hill. I am a smith, and live in New Rag-fair, East-Smithfield.

Q. How many women lodgers have you in your house?

Hill. I have six; Charlotte Thompson , Oats, Sarah Cornish , Elizabeth Wootton , and two others.

Q. How do they get their bread?

Hill. Some one way, some another, some by needle-work; I was called by Oats; she said, I must come quick, she did not know whether Charlotte Thompson would be murdered, Elizabeth Wall had knocked her down, and taken her handkerchief.

Q. Where does Elizabeth Wall live?

Hill. She lives about an hundred yards from my house.

Q. Do all your lodgers know her?

Hill. They do, I believe; she used the same public-house as they do: just as I came up, Elizabeth Wall and a woman were going away; I heard Wall say, you b - h, I will be your butcher.

Q. Did not you go to stop her?

Hill. No, I did not.

Q. How near was she to Thompson then?

Hill. She was eight or ten yards from her; I went directly up to Thompson, and in the mean time William Magraugh and Wall went off.

Elizabeth Hull . I live with Mrs. Morrison, a pawn broker, in East Smithfield; I took in this handkerchief (producing a silk handkerchief) the 10th of August, of Bridget King , and about an hour afterwards, Elizabeth Wall came and asked me, if Biddy King had not left such a handkerchief there; I said she had; she said that was all she wanted, and went away. After that, I was ordered to come with it before the Justice; there Thompson said, there were some spots upon it, done by ink, which appear on it now.

Prisoner's defence.

Last Sunday was a month I went out betimes in the morning with my husband; we staid out all day till about nine at night; when we came home, we went in at the ship, and had a pint of beer, we were in a box by ourselves; Charlotte Thompson came in, and would shove herself in by the side of me; after we had drank our beer, we went to go home; Charlotte followed us; she went to lay hold of my husband's hand; he bid her go along; she wanted to pick him up; I pulled her away from him; she flew up to me, and tore my necklace, cap, and handkerchief to pieces; there were several people came round me; I said, how could you serve me so; she turned round, and fell to fighting; my husband pulled me away, and said, I should have all my things torn off my back; we went home, which was but four doors from the place where we were; the next morning I got up, and went into this public house; the landlady said, Bet, what a piece of work here is about the handkerchief; I told her I knew nothing about it. I went about to see if I could find Thompson; then I went to enquire for the handkerchief, and found it was at this pawnbroker's; then I went to Thompson's landlady, and told her of it; then I found she was gone for a warrant for me; Biddy King and she had been fighting together.

Acquitted .

See her tried with Grief and Delaney, for the murder of Mr. Smith, No 484, in Sir William Stephenson's Mayoralty; and Biddy King and she tried, No 103 in the Mayoralty.

Reference Number: t17670909-5

412. (M.) Joseph Simpson was indicted for stealing two silver tongues for buckles, value 2 s. the property of William Dean , August 26 . ++

William Dean . I am a working silversmith in Old street , the prisoner worked journey-work with me; I was informed he had shewed a couple of silver tongues for buckles; I sent my apprentice to him, and he brought them to me; I do not swear to them.

John Priddy . The prosecutor sent his apprentice with me, to see if the prisoner had two tongues, as he had been informed; the prisoner delivered them into my hand; the prosecutor said he believed they were his property, but would not swear to them; the Justice asked him how he came by them; he said he found them in his master's yard.

Acquitted .

Reference Number: t17670909-6

413. (M.) Rose Stroud , spinster , was indicted for stealing five 36 s. pieces, and fifteen guineas, the property of George Rogers , in the dwelling-house of Thomas Rogers , Aug. 11 . ++

George Rogers . I was coachman to Sir Henry Harper , but now I live at Richmond. On the 11th of August, between ten and eleven o'clock, I met the prisoner at the top of the Haymarket; she took hold of me, and desired me to go home with her; I did, she lodged in Hedge-lane , and gave her a shilling; she went down stairs to get a pint of beer, she brought it up; we went to bed, and in the morning when I awaked, between three and four, she was gone, and my breeches, that I had put under my head, were taken out, and fifteen guineas and five 36 s. pieces were taken out of the pocket, which I know I had in my pocket when I went to bed; I dressed myself as soon as I could, and went down stairs, and went about to see for her till about six, but could not find her; then I went to Sir John Fielding , and got a warrant, and on the Saturday, as I was at the Seven Dials, a hackney-coach came by, with the prisoner and her sister in it; I went and secured her, and took her before Sir John; there the sister got out of the coach, and ran away. I got none of my money again.

Thomas Rogers . I keep a house in Hedge-lane; the prisoner and her sister had lodged with me six or seven days; she went away the morning after the prosecutor was robbed, and never paid for her lodging.

Prisoner's defence.

I never took a lodging of that man; I have known the prosecutor nine years; he was talking to a young woman at the top of the Haymarket; he came and asked me to drink a pint of beer, and asked me where I lived; I said, I had no place of my own; I drank with him, and left him with a young woman at the Lemon-tree door. I never was in the house with him as he has said.

Q. to prosecutor. How came you to have so much money about you?

Prosecutor. I took it out to buy myself a hackney-coach and a pair of horses, it was what I had saved in three years service.

Acquitted .

Reference Number: t17670909-7

414. (M.) Elizabeth Craydon , spinster , was indicted for stealing a silver watch, value 50 s. a silk handkerchief, value 4 s. and 3 s. in money numbered, the property of Thomas Robinson , in the dwelling-house of Thomas Hewson , Sept. 1 . ++

Thomas Robinson . I am a weaver ; my room is up three pair of stairs, in the house of Thomas Hewson in Shoreditch ; I had not fastened my room door, but went to bed, and hung my watch up upon a nail; when I awaked in the morning, on the first of this instant September, I saw a woman in a green gown in my room, taking my watch; I said, who is that; she ran down stairs, and I after her; when I got to the door, I looked each way, but could see no body; I went up again, and found my watch and silk handkerchief were gone, and 3 s. taken out of my breeches-pocket; she must have come in by some of the people in the house leaving the street-door open; I lay alone, and had no body in the room but myself.

Sarah Smith . The prisoner lodged in my house in Golden lane; upon a quarrel between her and others, I was told she had got a silver watch; I went to her, and took it out of her bosom; my husband sent for a constable; when he came, the prisoner had laid the watch and a silk handkerchief she had on, down on the floor.

Q. How was she dressed?

S. Smith. In a green gown.

Stephen Clessold . I am a constable; I was sent for; I found the watch lying on the floor, and the handkerchief by it, (produced and deposed to by prosecutor.) I took the prisoner before Sir John Fielding ; there she said she found the watch in Moorfields, in the handkerchief; Sir John advertised the watch, and the prosecutor owned it.

Prisoner's defence.

I was going to Spitalfields market, to buy potatoes, to sell about the street, and I picked up the watch and handkerchief between five and six o'clock.

Guilty 39 s.

[Transportation. See summary.]

Reference Number: t17670909-8

415. (M.) Elizabeth Ladd , spinster , was indicted for stealing a silver watch, value 3 l. the property of William Croker , June 22 . ++

William Croker . I am a carpenter , and live in St. Clement's parish; the 22d of June I was in Hyde-park to see the review, I got a little fuddled; coming home, the woman at the bar, by some means or other, took me to the Robin Hood in the Butcher-row, and from thence to her lodgings, but I did not know where I went, no more than a child; I think it was up three pair of stairs; I put my watch on a table behind my hat, and sat down; she said she must go out again; she went down, and did not come in again for three or four hours; I missed my watch; I asked her what she had done with it; she said she had carried it to pawn for half a guinea, to pay her rent, for her landlord was going away, and would not trust her; that she had pawned it at the corner of Russel-court, Catharine-street; she said she would go out, and pawn her stays for a quarter guinea, and I must be the rest out of my pocket; I went to the pawnbroker; he said he had no such watch brought there; the prisoner had told me her name was Elizabeth Ladd ; I went to the house again; her landlord and his wife said they knew nothing of her; I could get no redress; I went home; when I heard of her, I got an officer, and took her up; then she said I was too late, for the watch was sold for 27 s. three days before.

John Sweetman . I am a constable; I took the prisoner up on the 15th of August, in King street, Drury-lane; she told us, we were come too late, her landlady had sold it, and said she was very sorry, for the man behaved very well to her for what was between them.

Prisoner's defence.

I never saw that the gentleman had a watch; he asked me to drink a glass of wine; he took me and three other women in to drink; I wished him a good night, and left him.

Sweetman. The prisoner said she knew who her landlady sold the watch to, but she would suffer herself to be hanged before she would mention the man's name.

Guilty . T .

Reference Number: t17670909-9

416. (M.) Richard Wykes was indicted for stealing a large copper pottage-pot with a brass cover, value 5 s. the property of Richard Bays ; a case-knife, value 1 d. a pair of scissars, and a tin quart pot , the property of persons unknown, July 29 . ++

Richard Bays . On the 29th of July I was gone out, and when I came back, my house was in an uproar; I was told they had got a thief; there was the prisoner; we searched his pocket, and found the knife, scissars, and tin pot upon him.

Anne Townshend . I am servant to Mr. Bays; I saw the prisoner take the pottage-pot and cover out of our wash-house; as he was going off, I asked him what he was going to do with it; he dropped it down, and went away; then the people went and took him; the other things were found upon him.

Prisoner's defence.

I never touched the pot.

Guilty . T .

Reference Number: t17670909-10

417. (L) Rowland Arnold was indicted for stealing a cloth coat, value 10 s. a cloth waistcoat, value 10 s. and a pair of cloth breeches , the property of William Augustus Skinner , to which he pleaded guilty . T .

Reference Number: t17670909-11

418, 419. (L.) John Ballard and John Henshaw were indicted for stealing a hempen sack, value 8 d. and four bushels of oats, value 9 s. the property of William Simpson ; August 3 . ++

William Simpson . I live in the Fleet-market , and deal in corn ; I had notice that a sack of corn was carried to a house in Hat and Tun-yard about the 3d of August; I went according as I was directed, and found it with about half a bushel of oats in it; I had had the sack in my hand but a day or two before in my warehouse; John Ballard was my servant , he owned he filled the sack some time in that day, but was not with Henshaw when he took it away; I had employed Henshaw a little before; I took up Powell, at whose house I found it; he is a hackney-coachman , who said he was not at home when it was brought, but he offered to pay me for them.

John Russel . I am servant to Abbot, a carver, he rents part of this granary of Mr. Simpson, for a workshop; it is partitioned off, but there is a way to get out of one into the other, because we have wood in his granary; Henshaw came on the 24th of July, and called for Ballard; I said he was not there; he asked leave to come through our shop, and said Mr. Simpson wanted him to bring a sack of oats; he went in and took a sack, and carried it out; I watched him to the top of Fleet-ditch.

William Yates . I had been to get a pint of beer at Adam Cain 's in the Fleet-market; Henshaw came drunk with a sack of oats on his back, he was not able to carry them; I and another man carried them for him; he showed us to a coachman in Hat and Tun-yard; when we came up stairs, the poor woman said, Lord have mercy upon me, why do you do so, we shall be all

hanged; then I mistrusted he had stolen them; I think this was the 4th or 5th of August.

Prosecutor. I never gave Henshaw directions to go to my granary for oats.

Ballard's defence.

These oats were some that ran through the screen, and I had fanned the dust out of them; I thought them my property.

Prosecutor. There is no such thing allowed; these were very good oats, they cost me eighteen shillings and six-pence at the market.

Henshaw's defence.

I was out of place, and Ballard asked me to carry a sack for him, and he paid me for carrying them.

Both Guilty . T .

420. (M.) William Powell was indicted for receiving the said sack of oats, knowing them to have been stolen , August 3 . *

William Simpson , the prosecutor, gave the same evidence as on the former trial.

Acquitted .

Reference Number: t17670909-12

421. (M.) Thomas Phillips was indicted for stealing a pair of linen sheets, value 10 s. the property of George Sterne , August 20 . ++

George Sterne . I live at the Star and Garter at Islington , a public-house, on the 19th of August, between nine and ten, the prisoner came and asked for lodging; I left him one; he went to bed, he came down in the morning about eight, and asked for a dram at the bar; I served him, he went away directly; I went up into his bed-room, there was never a sheet; I pursued and overtook him at the Unicorn, and in his bundle I found my sheets; I brought him back, and charged a constable with him, and he was committed.

Richard Pullein . I was with Mr. Sterne when he stopt the prisoner, and saw the sheets taken out of his bundle.

Prisoner's defence.

I know nothing at all of the sheets.

He called Will Hopkins, James Briscoe , and Hannah Dean , who said he was a taylor by trade, and they knew no ill of him.

Guilty . T .

Reference Number: t17670909-13

422. (L.) Samuel Dean was indicted for stealing thirty-five yards of linen cloth, value 24 s. the property of Stephen Williams , Clement Bellamy , and Samuel Williams , July 30 . ++

Robert Wade . I am a lamp-lighter; about the latter end of July I was lighting lamps opposite Mr. Bellamy's shop, at the corner of Charlotte-row ; I saw the prisoner cross the street from my ladder, and go into Mr. Bellamy's shop, and take a piece of cloth and put it under his arm, and go away with it up the Poultry; the clock struck five as I was running down my ladder; I went to the shop, and knocked with my heel, and one of the clerks came out; I told him what I had seen; he went with me, we followed the prisoner, I laid hold of him, and said you took that piece of cloth from a shop below; he said it was a d - d lye; we carried him to the Compter for that night, and the next day he was examined and committed.

John Waldron . The lamp-lighter came and informed me of this; we went and took the prisoner just above Grocer's-alley, with the cloth upon him; I delivered the piece of cloth to John Roberts the porter, he put his mark upon it (the cloth produced.)

John Roberts . Here is my mark, J. R. which I put upon it so as to know it again; it is the property of Messrs. Williams and Bellamy.

Prisoner's defence.

Coming from Whitechapel, as I crossed by the Mansion-house, a man stept up to me, and said, shipmate, where are you bound; he asked me to carry that linen to Holbourn; I took it, and they came and took it from me.

He called John Henry , Philip Borough , and Richard Gay , who gave him a good character.

Guilty . T .

Reference Number: t17670909-14

423. (M.) Matthew Stamford was indicted for stealing two swines, called hogs, value 4 l. the property of Joseph Baker , July 11 . ++

Joseph Baker . I am a farmer at Paddington ; the prisoner had been a weekly-servant to me about two months, he had left me about four or five days; I lost two hogs during the time he worked with me, and I lost two more on the 11th of July; they were in my stie in my yard over night, between nine and ten o'clock; I had them advertised in the Tuesday's paper the 14th; after which Mr. Smith came and told me there were two hogs that answered the description brought to Hackney, brought by the prisoner; I was at the Yorkshire Stingo, the prisoner came by, I asked him when he was at Hackney; he said he had not been there this month or six weeks; I said I heard you was there last Saturday morning, and on the Monday; he denied it, and at last, upon seeing Mr. Smith, he owned he was there; I said I have lost a couple of hogs, I was informed you had them there; he said he had none there; he was put in the Round-house, and examined the next day before Sir John Fielding , and when Mr. Miller came he owned he had two hogs there.

William Miller . I live in the parish of Hackney, the prisoner knocked me up between four and five o'clock one morning; he had a couple of large hogs, he offered them to me for two guineas; they were barrow hogs, with large black spots, of about twelve or thirteen stone.

Prosecutor. Mine which I lost were such; I left them in a yard by my house, where a man keeps asses; he brought them on the Saturday morning, and they were there till the Monday evening, when he took them away.

Prisoner's defence.

I never had any of his hogs.

Acquitted .

Reference Number: t17670909-15

424. (M.) Samuel Tudor was indicted, for that he, on the 14th of July , about the hour of ten in the night, the dwelling-house of John Ride did break and enter, and stealing seventeen half-pence and one farthing, the property of the said John, in his dwelling-house . ++

John Ride . I live at Feltham ; I had been robbed several times, and to find out who did it I watched; I have two houses; I had fastened the doors of each, and going to that where I dwell on the 14th of July, about eleven o'clock at night, I heard a great noise in it; I went to the back part of it, there I found a coat and hat; there was a log put against the boards, and a hole made through the thatch; I hollooed out for assistance, William Hillier came; he got a candle and lanthorn, he and I went into the house and searched about; he observing a hole broke in the top of the cieling went down, and by a ladder got upon the house, and made a hole, and took the prisoner out; the coat and hat belonged to him; he was in his waistcoat, and we found eight-pence three-farthings in his waistcoat-pocket, which he owned to be my money; then upon being charged, he owned he had broke into my house on the 9th of July, and taken thirty-six shillings out of a tobacco-box.

Q. Did you miss any half-pence when you had searched the prisoner?

Ride. I missed some, but cannot tell how many.

Q. How long had you been gone out of that house?

Ride. I went out about two or three hours before, and fastened the door, and went to watch.

Q. Did you know the prisoner before?

Ride. He had drove plough for me for six-pence a day, but he never lived in my house; but he has not worked for me I believe these four years.

Q. How old is he?

Ride. They say he is pretty near seventeen years of age.

William Hillier . I am a victualler at Feltham; the prosecutor called for assistance, I got a candle and lanthorn, and went to him; he unlocked a padlock that was on the door of his house; we went in and searched the house; I saw a hole broke in the cieling on the top of the house; I went down, and left the prosecutor above in the room; I got a ladder, and went up and broke a hole through at the top of the house, and found the prisoner between the cieling and the thatch, near the chimney, in his waistcoat; I hawled him out, he had eight-pence three-farthings in one of his waistcoat-pockets; I asked him how he got it; he said he took it out of a little pot in the window; I asked him if he ever had robbed him before; he said he had once before, of thirty-six shillings.

Q. Was it a light or dark night?

Hillier. It was very dark when I took him.

Q. Do you know which house the prosecutor lives in?

Hillier. He lives in the house where we took the prisoner; the other is an old farm-house where he puts his lumber.

Q. Which way do you think the boy got into the house?

Hillier. There was a hole fresh made in the thatch, by which he could get into the room below that, where the cieling was broke, and he had left his coat and hat near the place.

Prisoner's defence.

I was out of the house when they took me.

To his character.

John Goodwin . I live at Feltham, I have known the prisoner eight or nine years, I never heard that he robbed any body; he bore as good a character as other boys do.

Q. How old is he?

Goodwin. He may be about sixteen or seventeen years old.

William Layton . I live at Feltham, I have known him eight or nine years, I never heard that he robbed any body; I know no ill of him.

John Mills . He lived with me about two years ago, I never heard no ill of him.

Thomas Hoping . I live at Feltham, I have known him seven or eight years, I never heard no ill of him.

Q. How did he live at this time?

Hoping. I cannot tell.

John Beecham . I live at Feltham, I have known him seven years, I never knew any dishonesty by him.

Q. How did he get his bread lately?

Beecham. That I cannot tell.

Thomas Wellbeloved . I have known him eight or nine years, he once went to plough for me; I never knew any dishonesty by him.

Q. What business did he do lately?

Wellbeloved. He was out of place.

Mr. Gardner. I have known him from a child, I never heard any ill of him; his father-in-law turned him out of the house, and he was missing two or three days.

Thomas Sadler . I have known him ten years; he is a very honest young fellow as far as I ever heard.

Henry Griffin . I am his grandfather, he worked with a carpenter at this time; I never heard he did any thing amiss.

William Sadler . I have known him eight or nine years, I never knew any dishonesty by him.

Guilty . Death . Recommended.

Reference Number: t17670909-16

425, 426. (L.) William Wools and Thomas Mills were indicted for stealing two silver watches, value 5 l. two metal watches, a silver tube, twenty-seven gold rings, eight other gold rings, a silver nutmeg-grater, thirty-five pair of silver buckles, three pair of silver salts, and other things , the property of Samuel Drybutter , August 3 . ++

Samuel Drybutter . I am a jeweller and bookseller , I keep a shop in Westminster-hall ; that was broke open, and the goods in the indictment, and many others, were taken away; this was the 3d of August; on the Monday after a gentleman came and told me there were two or three boys taken up that he imagined had robbed my shop; I went to the Poultry-Compter, and found the two prisoners there; Mills told me he broke my shop open, and took the things, and that he intended to have done it three or four days before, but always came too late, when the hall was shut up; the other said he had some of the things; I saw some of my goods at my Lord-Mayor's; some we found hid in St. George's fields, two or three pair of salts, and twenty seven or twenty-eight pair of silver buckles; they are my property.

Joseph Ganthony . I was looking out at my school window on Monday morning; at the upper end of Love-lane I saw the two prisoners and another boy together; Mills was winding up a watch, which I thought to be gold; I went out after them, and found them in Fenchurch-street; I desired Mills to let me see the watch he had; he said he had not got it, but the other boys had, and the rest of the goods; I ran after them with Mills in my hand, and overtook the other prisoner; I alarmed, but nobody came to my assistance; I asked that boy for the watch, he gave me a bag with two watches, and several gold rings, a stay-hook, buckles and buttons; I took the boys into an apothecary's shop, there we examined the effects they had, and took a list of them; I then went to my Lord-Mayor for an officer to bring them before his Lordship, and they were carried there and committed (the things produced and deposed to.)

Christopher James Hayes . I am son to the keeper of the Poultry-Compter; I went with Richard Walker and the two prisoners to St. George's-fields, as they told us they had buried some of the things there which they had from a shop in Westminster-hall; they had us to the place, we found them buried about four inches below the surface of the ground.

Richard Walker . I can say no more than what Mr. Hayes has said.

Wools's defence.

I was with some boys, I left them and went over Westminster-bridge; Mills came and told me he had found some things, and if I would go with him and the others they would give me some of them.

Mills's defence.

I hid myself in Westminster-hall, and opened the place with a spade, and brought the goods out.

Both Guilty . T .

Reference Number: t17670909-17

427, 428. (L.) James Young and Elizabeth Morgan were indicted for stealing twenty-eight pounds weight of copper, value 15 s. the property of a person or persons unknown, Sept. 3 . ++

Isaac Pyke . I am a seaman; last Thursday between twelve and one at noon, I saw the man at the bar throw an apron over this piece of copper (producing a part of a boiler which had been taken to pieces) at Bear-key ; he took it up, and walked off with it, and the woman followed him; a porter stopt them, and brought the copper and them back.

Thomas Barber . I am a ticket-porter, I worked the ship out called the Anna, Capt. Brown, from Jamaica, this copper was part of the cargo; a man called and told me a person was gone up the gateway with a piece of copper; I ran up, and met the woman at the bar with the copper in her lap; I took hold of her, she pointed to the man at the bar, and said that is the man that stole it,

and gave it to me; then I brought them both to the key, and charged a constable with them; they were taken before an Alderman, and committed.

Young's defence.

I took the thing up, and it was taken from me and given to this woman, and put into her lap

Morgan's defence.

There was another woman with Young, he told me he would give me two or three half-pence if I would carry it for him.

Both Guilty . T .

Reference Number: t17670909-18

429. (L.) Elizabeth Harris , widow , was indicted for stealing a linen wrapper for a cart, value 2 s. the property of Benjamin Mee and Goveat Cassau . August 20 . ++

Goveat Cassau. Benjamin Mee and I are Hamburgh merchants and partner s; the wrapper was taken out of our yard the 20th of August; I can only sware it is our property.

David Cadwallader . I live with Messrs. Mee and Cassau; I saw the prisoner bring this piece of cloth out of the house under her arm, I pursued and took it upon her in the street; I brought her back, she then begged for mercy.

Prisoner's defence.

My business is selling or changing china for old cloaths; I saw this cloth lying like a rag. I took it up, and carried it out of the yard; I was stupid in liquor, I want but two years of seventy years of age.

Cadwallader. This was about a quarter past three o'clock, she did not appear to be drunk.

Guilty. 10 d. W .

Reference Number: t17670909-19

430. (M.) John Cooper was indicted, for that he, on the king's highway, on Sarah, wife of George Holland , did make an assault, putting her in corporal fear and danger of her life, and taking from her person six silver medals, value 6 s. two guineas, two half guineas, a crown piece, and a shilling, the property of the said George , August 12 . ++

Sarah Holland I am wife to George Holland ; on the 12th of August we had been out an airing, going back to Twickenham we were stopt about thirty yards on this side Mr. Whitefield's chapel, near Strawberry hill ; there were two ladies in the coach with me, I sat backwards, I heard somebody call, Stop, stop; the coachman did not stop; then a man rode up to him, and bid him stop, or he would blow his brains out; he did; then the man rode up to us, and desired us to deliver our purses, which we did; he had a pistol in his hand; I desired him not to put it to the coach; he said he would not hurt a hair of our heads, and behaved very civil to us; there was in my purse two guineas, two half guineas, three pocket-pieces, a crown piece, and I believe there might be a shilling or two; he went off in a very little time; I think he rode a bay horse, it was so dark I could not discern the man's face; I saw there was another man on horseback.

Robert Spooner . I am a cabin maker; I was with the prisoner in this robbery; he is a perriwig-maker, and lived in Mount-Street; he and I are both journeymen; he and I stopped a coach near Twickenham, between nine and ten in the evening; we took about three guineas from them; we had three purses; it was I that called to the coachman to stop, and I took the money; I had a pistol, but did not present it; the prisoner was behind the coach with the footman; there were some dollars and pocket-pieces; we threw them and the purses away, and spent the money; my horse was of a chestnut colour.

John Gilbert . I am coachman to Mr. Nobbs of Twickenham; I was out with the coach; coming home by Strawberry hill, two men came behind us; they bid me stop several times before I did; one of them pulled out a pistol; then I stopped; he went to the coach, and robbed the ladies; the other man was behind with my fellow servant; I cannot swear to either of them; he that robbed the ladies rode a horse that seemed to be a bay horse, with a switch tail, and he seemed to have a surtout coat on.

Samuel Prosser . I am footman to Mr. Nobbs; I was on horseback; just as we came into the common field near Strawberry hill, a man on a bay horse came riding up; then he turned back, and met a man on a gray horse; they came up almost a broad side me, and followed us about 200 yards; then the man on the bay horse rode up to the coachman, and ordered him to stop; and the man on the gray horse came up to me, and demanded me to stop; then the first man turned his horse round to the ladies, and demanded their money; the moon was just getting up, it was dark; I cannot say any thing to either of the men; the man by me appeared to have his own hair, and I believe a surtout coat. (The prisoner had his own hair.)

Mr. Higgins. I belong to General Elliot. On the 17th of August, I saw the prisoner and evidence, with two of our serjeants, at Kensington barracks, at the suttling house; Spooner pulled out half a Spanish dollar, and offered to sell it; (produced in court,) and he proposed to bring a

French crown in the morning, or forfeit a shilling.

Q. to Mrs. Holland. Was your's a French crown?

Mrs. Holland. No, mine was an English one.

Higgins. I think Cooper paid the reckoning, and they went away. The man that offered 2 s. for the half dollar and I went to town together. I saw in the news paper two men described, answering the description of the prisoner and evidence, that had robbed a coach; they had told their names over night; we went and took them; I found this piece here produced upon Spooner. Cooper had 3 s. in money in his pocket; I asked which of them rode the gray horse; one of them replied I, but I cannot say which; they were taken before Sir John Fielding , and commit ted.

Adam Scowers I keep a broker's shop in Holbourn; the evidence said at Sir John Fielding 's, they bought the pistols at my shop, and described them to me; it is so long ago, I cannot recollect the men; I remember I told an old pair to two young men about that time

James Draper . I am a stable-keeper in Swallow-street; a man that I knew thirty years asked me if I could let a friend of his a horse; he fetched his friend; then his friend said they should want another; I let them have two, one a chestnut, the other a gray one; two young men went out on them; they were to return that night, but they did not; they went out on the 8th of August; they did not come home till the Thursday night after, betwixt eleven and twelve o'clock; I enquired after them, as they kept them so long, and found out their names, and who they were apprentices to, and where they lived. About ten or eleven, on the Friday morning, a woman came, and let me know there was such a man came to her house in King-street, Golden-square; I went to him, and asked him if he had not been out with two of my horses, and what was his name; he said his name was Spooner, (the evidence) and that he had had my horses; he asked what the hire came to; I said three guineas; he had but two; he gave me them, and was to bring the other; I never saw the prisoner till I saw him at Sir John Fielding 's; I was in the yard when they mounted, but did not observe them.

Prisoner's defence.

I know nothing of the robbery.

He called Bernard Gregory , with whom he served his time, and five other persons, who gave him a good character.

Acquitted .

Reference Number: t17670909-20

431. (M.) Richard Davis was indicted for stealing a cloth coat and waistcoat, the property of Sir Charles Saunders , Knight of the Bath , one pair of leather breeches, value 3 s. and one violin, value 5 s. the property of Edward Price ; and one violin, value 5 s. and one bow, value 1 s. the property of Henry Norris , July 6 . ++

Edward Price . I am servant to Sir Charles Saunders ; we thought the prisoner an honest lad; we took him, and he was employed in the stable ; the things mentioned were taken away on the 6th of July, from the Crown-yard, Silver-street, Golden-square ; we judged it to be done by somebody that knew the yard; a person came and told me, he could tell me where some of the things were; I went with him to the prisoner's lodgings, there I found the two fiddles; the man and woman of the house told me the prisoner brought them there the second night after they were lost; we never found the other things.

Hannah Templeton . The prisoner lodged at my house; he sold a coat and waistcoat in my house soon after he came to lodge with me; they were old clothes with yellow lining.

Price. The clothes were such as this evidence has described.

The prisoner, in his defence, said he was not guilty of the thing charged against him.

Guilty . T .

Reference Number: t17670909-21

432. (M.) Thomas Bird was indicted for stealing a sattin cardinal, value 20 s. the property of Mary Kirby , widow , Aug. 6 . *

Mary Kirby . I live at the Robinhood, Leather-lane ; I lost a sattin cardinal out of the parlour; I did not miss it till the 7th of August; the prisoner was in the house on the 6th in the morning, but I did not see him; he was taken up the same day three doors from us, upon suspicion of robbing a room at Dobney's; I missing my cardinal, and knowing the prisoner had been before Justice Girdler, and a cardinal had been brought there, and no body owned it, I went to the pawnbroker, named Careless, in Fox-court; there I found my cardinal in pawn.

William Cullen . I am servant to Mr. Careless in Fox-court; the prisoner pledged a cardinal with me on the 6th of August, in his own name for 7 s. about seven in the morning; (produced and deposed to by prosecutrix.)

John Woolse . I keep the Robinhood in Leather-lane; the prisoner came to my house between six and seven in the morning of the 6th of August, along with two more; they called for some bread

and cheese and beer; I heard the prisoner own, before the Justice, the cardinal was taken before the second pot was drawn, but did not say he took it.

Prisoner's defence.

I had been out, and coming back, I met two men, one had a bundle; they wanted to get some beer; I took them in at Mr. Woolfe's; we had some beer: I went home, which is but two doors off; when I came to them again, the beer was almost cut; one of them beckoned me to the door, and asked me if any pawnbroker was up; I told him yes; I took him into Fox-court, Gray's inn-lane; there he asked me to go and pledge either a cardinal or a gown; I took the cardinal, and pledged it for 7 s. and gave him the money; he went back and paid the reckoning, which came to 1 s. and a halfpenny.

Woolfe. The prisoner went out three times, but they did not all depart the house till the reckoning was paid; one of the others went out once.

Martha Pain . He lodged at the Gridiron, Gray's inn-lane, four years and a half, where I am servant; he always behaved himself very well there.

Guilty . T .

Reference Number: t17670909-22

433. (M.) Mary, wife of William Rubey , was indicted for stealing a silver watch, value 40 s. the property of William Leeton , in the dwelling house of John Newin , Aug. 8 . *

William Leeton . On Saturday the 8th of August, my wife called to me as I was coming up the lane, and said she missed my watch; the landlady of the house told me no body had been up stairs but the prisoner; (I lodge in the house of John Newin ;) I took her up upon suspicion of that, and carried her before the Justice; (she used to lodge over our heads, but was gone away;) the constable found my watch in her pocket; I was by at the time she owned she had taken the watch, but intended to have brought it back again.

Q. from prisoner. Whether you ever heard any bad character of me?

Prosecutor. No, never in my life; she has been in my room, and taken care of my wife when she has not been well; I never missed any thing by her; I always took her to be a very honest woman.

Q. from prisoner. Whether you think I took it with intent to make away with it?

Prosecutor. She might intend to bring it back for what I know, but we had locked the door to go about to see for the watch.

Prisoner's defence.

I did it only to surprize his wife, as she had been out and left the door open.

John Lampard . I have known the prisoner five years; she has been employed at my house as a chair-woman, I always found her to behave very honest and sober; she had it in her power to have wronged me, had she been so minded.

Frances Silk . I have known her a great many years; she worked for me two days a week for six years; I found her a ways very honest.

Acquitted .

Reference Number: t17670909-23

434. (M) John Gibson was indicted for stealing one guinea, one half guinea, and a quarter guinea, the property of John Sedgwick , privately from his person , Aug. 18 . ++

John Sedgwick . I went to Barnet races; I got fuddled; I got from my horse, and got into a cart, in which was the boy at the bar; this was on the 18th of August; when we came to Golder's-green , by Hendon, they took the horse out of the cart, when in the Swan-yard , and I lay and slept in the cart, I believe an hour and a half; I awaked, and got on my horse, and rode home, which was but about a quarter of a mile; in the morning I missed my money, a guinea and a half, and a quarter guinea; I suspected the boy at the bar, and sent Richard Empty after him; he took and brought him home in the afternoon; we took him before Justice Cross, there he confessed he took the money.

Q. How old is the prisoner?

Sedgwick. I believe he is between thirteen and 14 years of age; he confessed before Mr. Cross, he took my money, and went to Barnet, and bought himself a pair of breeches and a pair of shoes; then he played at a game of pricking at the belt, and lost the rest of the money, all but half a guinea and six-pence, which he delivered to Richard Empty when he took him.

Richard Empty . Mr. Sedgwick sent me after the lad; I found him upon Barnet common; he had new shoes and breeches on; he first said his grandmother gave him them; afterwards he began to cry, and said he had a half guinea from one, and a 5 s. 3 d. from the other of his prosecutors, and that he said was all.

Guilty of stealing, but not privately .

(M) He was a second time indicted for stealing half a guinea and 6 d. the property of Joseph Empty , privately from his person , Aug. 18 . ++

Joseph Empty . I was with Mr. Sedgwick, and

when he was sleeping in the cart, I fell asleep on the bench in the yard for the space of an hour, or an hour and a half; then I got up and went home to bed, and in the morning I missed half a guinea; I had a suspicion of the prisoner, and I sent my brother after him; he was taken, and confessed to the taking half a guinea from me.

Q. Was you fuddled too?

Empty I was. Guilty of stealing, but not privately from his person . T .

Reference Number: t17670909-24

435. (M) Mary Tom House *, spinster , was indicted for stealing a linen shirt, value 3 s. a pair of silk stockings, value 5 s. and a linen apron, value 5 s. the property of Benjamin Ixer : and a cloak and apron , the property of Mary Haggett , August 28 . ++

* Note, This prisoner was an hermaphrodite, so had the name of Tom, as a Christian name.

Benjamin Ixer . I keep a public-house , the prisoner had been by servant a week, I discharged her on the 28th of August at night; when she was gone we missed a sheet from the bed she had laid upon, and the rest of the things in the indictment; I went to a house on Saffron-hill, where she was recommended from, and was informed she was gone on an errand; I desired if she came again to let me know, which they did, where she was found.

John Glover . I am a constable, I found the prisoner in bed at a house on Saffron-hill; I took her to the watch house, she owned she had taken the things mentioned, and given them to the woman that was in bed with her; then I went and brought that woman to the watch-house, she said the bundle was in the cellar; there I went and found it, all but the cardinal, that I found under the bed where they lay (the things produced and deposed to.)

Mary Hagget . I am servant to the prosecutor; this cloak (taking it in her hand) is my property.

Prisoner's defence.

I did not know what was in the bundle when I took it away.

Guilty . T .

Reference Number: t17670909-25

436. (M) Elizabeth Ashford , widow , was indicted for stealing a pair of silver shoe buckles, value 17 s. and 6 d. the property of John Healey , August 5 . ++

John Healey . I drive a coal-cart , I lodge in Milford-lane , the prisoner lodged in the same house, one pair of stairs above me; I used to keep my chest locked, I missed my silver buckles out of my chest, and found it was not locked; I found them again at Mr. Morris's

Mr. Morris. I am a silversmith, by the New-Church in the Strand; on Saturday the 8th of August the prisoner came to my shop with an odd silver shoe buckle; she seemed to weep, and said her brother was in St. George's hospital, and had had a leg cut off that morning, and he would have occasion for no more than one buckle; I weighed it, and gave her eight shillings and nine pence for it; at night, about nine o'clock, or a little after, she came again, crying ready to break her heart, and said her brother was dead by the anguish of the operation, and then needed no buckles; I gave her the same price for that; I laid the pair in the window for sale, and the prosecutor came and owned them (produced and deposed to.)

Prisoner's defence.

I found one buckle going up stairs, and on the Tuesday coming down I found the other, and carried one to Mr. Morris's in the morning, and the other in the evening.

Guilty . T .

Reference Number: t17670909-26

437. (M.) Sarah, wife of Stephen Cook , was indicted for stealing two linen shirts, value 5 s. a linen neckcloth, value 18 d. and a yard and a quarter of linen cloth , the property of John Zouch , July 27 . ++

Mary Zouch . I am wife to John Zouch , we live in Chapel street, St. James's ; the prisoner was my servant , at eighteen-pence a week, the things in the indictment were missing; I took the prisoner up upon suspicion, she owned she had taken and pawned them; I went accordingly, and found them.

John Nash and Henry Dixon , two pawnbrokers, produced the things pledged by the prisoner.

Guilty 10 d. W .

Reference Number: t17670909-27

438, 439. (M.) Charles Andrews and George Fagoe , were indicted for stealing a hempen sack, value 3 d. and sixty pounds of pimento, value 30 s. the property of Samuel Vaughan , Esq ; August 5 .

Both Acquitted .

Reference Number: t17670909-28

440. (M.) William Cook was indicted for receiving a silver snuffer-stand, value 30 s. knowing it to have been stolen by Joseph Metford , the property of John Finch , in the parish of Epsom , August 9 . ++

The copy of the record of the trial and conviction of Joseph Metford , at the assize at Croydon in Surry, read in court.

John Finch . I live at Epsom; my house was broke open, and I lost a large quantity of plate, a silver snuffer-stand amongst the rest: in consequence of an account I received the prisoner was taken, and in the presence of Metford he acknowledged that Metford had given him the silver

snuffer-stand, in order to dispose of it, and all the rest of the plate was concealed under the bed where he and Metford lay; he acknowledged he sold the stand to a Jew in the street for five shillings an ounce, and received thirty-two shillings for it of him; the prisoner is a taylor , Metford had been my servant; I recovered all my place again, but that said; that with the rest had a coat-of arms upon it.

John Sweetman . I am a constable, I took up the prisoner; he confessed he had received the snuffer stand of Metford (who was executed for stealing the plate last Friday at Kensington) and sold it for thirty-two shillings to a Jew; he said Metford told him one captain Cowley was dead, and had left him the plate, and he brought it to his house.

Prisoner's defence.

I had the misfortune to break my leg last summer; I met Metford in the street, he was overjoyed to see me, he took me to a public house, and gave me some beer; he said he had been at sea four years, and the captain owed him thirty pounds, and he would be a friend to me; he went out, and in two or three days returned, and said he was but just in time, the captain is dead, and was buried on the Saturday; that he had made his will, and he should have all his money at the year's end, and he had given him all his plate (he was a great favourite of the captain's;) I asked him where his hat-band was; he said, the executor has got it; said I, what have you in your bag; said he, this is the plate, and out he pulled a silver tea-kettle, a snuff-stand, five large spoons, and other things; said I, this is a very fine present indeed; said he, there was another spoon, but I have pawned that, for I had no money. I lodged in New-street, Seven-Dials; we had some dinner and strong-beer; we went to bed; the next day, when we got up, now, said he, I told you I would be a friend to you, I will make you a present of this snuffer-stand, and gave it me; I said, God bless you, I am greatly obliged to you; I went and met a Jew in the street, we went under a gate-way, he had scales and weights, he gave me a crown an ounce for it, it came to thirty-two shillings, I paid away some of the money where I owed it.

John Palmer . I live in King-street, Westminster; I have known the prisoner eight or nine years; I look upon him to be a very honest just man.

Acq.

Reference Number: t17670909-29

441. (M.) John Simpson was indicted for stealing a coach-seat, value 5 s. the property of Henry Barley , August 20 . ++

Henry Barley . I had set down a fair in the Almonry ; when I went to drive on, I saw the door of my coach open on that side which the fair did not come out of; I got down to shut it; the prisoner was stopt, offering my my seat to sale in New-palace-yard, by Francis Atkins , a coachman.

Francis Atkins The prisoner is a soldier , he offered the seat to me and other coachmen; I stopt that and him, and found out the prosecutor; I called upon the prisoner's serjeant, he said he would not give a bad halfpenny to save him from transportation.

Prisoner's defence.

I found it in the Broad way, Peter's-street, Westminster.

Guilty . T .

Reference Number: t17670909-30

442. (M) Martha, otherwise Margaret Delaney , spinster , was indicted for stealing a canvas-bag, value 1 d. five guineas, one half guinea, and ten shillings in money numbered the property of George Kershaw , privately from his person , March 10 . ++

George Kershaw . I had been at Whitechapel with two loads of hay, I sold it for three guineas and a half; I am servant to Joseph Cooper , at Holloway; going home with the two carts through Islington , between six and seven in the evening, the prisoner was standing at the door of the Pied-Bull ; she pulled me off my horse, and carried me into the house; I had never seen her but once before in my life, that was above a month before; she said she would treat me; we had only a pint of beer; we were alone in the parlour, I staid about half an hour; I pulled out my purse to pay for the beer; there was my master's three guineas and a half, the rest was my own; in the whole five guineas and a half, and ten shillings and six-pence; after I had put my purse in my breeches-pocket, with this money in it, she pulled it out again; I did not know she was pulling it out, till she had it in her hand.

Q. Was you sober?

Kershaw. I was, I had not drank above a pot; I could not take the money from her, so I went to the other room for assistance; she got out at the back-door, and got away; I never got the money again.

Joseph Wilson . I belong to the patrole at Islington; I saw the prisoner take the man from his horse, they went into the alehouse, what past I know not.

Prisoner's defence.

I never was in company with the man in my life, I never drank with him till that night; he

took me up at the Red-lion in Rosamond's-row.

Guilty . T .

Reference Number: t17670909-31

443. (M.) Richard Brandham was indicted for stealing a cloth coat, value 5 s. a cloth waistcoat, value 2 s. two shirts, value 5 s. one handkerchief and one neckcloth , the property of James Leach , July 13 . ++

James Leach . I live at Burton in Somersetshire; I lost the things mentioned in the indictment at the Black-and-all-Black at Hyde-park-corner , in a stable, about a month ago; the prisoner was taken the Saturday following on the other side Edgware, with my coat and waistcoat, and one of my shirts on his back, the other shirt and neck-cloth were tied up in a handkerchief; I found my handkerchief at a pawnbroker's; he was underostler at the stable where they were taken from.

Prisoner's defence.

He brought the coat into the stable, and offered to sell it; I had not money to pay for them, but offered to pay at so much a week; I went to-bed, and in the morning I found them lying there; I thought he brought them to let me have them, my mother being sick; I put them on to go to see her, and intended to be up in two or three days again.

Guilty . T .

Reference Number: t17670909-32

444. (M.) Anne Peacock , widow , was indicted for stealing a linen counterpane, value 4 s. three linen aprons, a pewter dish, a pair of linen shift-sleeves, a linen handkerchief, a pair of Bristol-stone sleeve-buttons set in silver , the property of Thomas Hambleton . ++

Thomas Hambleton . I live in Wheeler's-street, Spitalfields ; the prisoner lodged at my house about nine months, in the same room where my wifen and I live; we have but one room; I missed a counterpane from her bed in last April; I asked her about it; she said she had taken it, and would bring it again; then in about a month we missed all the other things that are in the indictment; she continued to lodge with us, and would come home sometimes on nights or other times; she confest she stole all the things.

Bridget Hambleton . I am wife to the prosecutor; the prisoner confessed she had taken the things, and pawned them; I missed them in April.

Q. Why did you not take her up then?

B. Hambleton. I believe I should not have taken her up if my husband had not.

Dimson Monsey , a pawnbroker, produced a pewter dish, three aprons, and a counterpane; and Sarah Barber , another pawnbroker, produced a pair of stone sleeve-buttons; both said they were pawned by the prisoner; the prosecutor said they were his property.

The prisoner, in her defence, said, she had leave of her landlady to pawn the things, and did intend to fetch them again.

Acquitted .

Reference Number: t17670909-33

445. James Cole was indicted for stealing a handkerchief, value 10 d. the property of Thomas Nugent , Esq ;

To which he pleaded guilty . W .

Reference Number: t17670909-34

446. (M) Elizabeth Boyce , widow , was indicted for stealing a stuff petticoat, value 6 s. and a linen apron, value 18 d. the property of Michael Crosby , August 15 . ++

Catherine Crosby . I am wife to Michael Crosby ; I lost a petticoat and an apron out of my room in Hungerford-market ; the prisoner was my servant , I went out and left her in the house; when I returned she and the things were gone; I found the door locked, and my child sleeping in the bed; I found them again at the pawnbroker's.

Matthias Graham . The prosecutor came to me, and desired I would take the prisoner; I took her up with the apron upon her, which Mrs. Crosby owned; I put her in the Round-house; she confessed the petticoat, and another, was at a pawnbroker's at the bottom of Leicester-fields.

John Ryder . I am servant to a pawnbroker, the prisoner pledged this petticoat and apron with me (produced and deposed to.)

Prisoner's defence.

It is right enough what they say, I owed money, and I did it for want.

Guilty . T .

Reference Number: t17670909-35

447. (M.) Jonas Knowles was indicted for stealing an iron rat-trap, a tobacco-box, half a peck of canary seeds, two dozen pair of bootstraps, and a hempen bag , the property of Daniel Richardson , Sept. 4 . *

Daniel Richardson . I live in Spitalfields , and keep a corn chandler's shop ; I lost the things mentioned in the indictment; I found them at the prisoner's lodgings, I took him before Justice Fielding, there he owned he had taken them.

Prisoner's defence.

I was in liquor.

William Tapp . I have known the prisoner between three and four years, he always was a very regular man upon duty; he belongs to the third regiment , he always bore the name of an honest man.

Guilty . B .

Reference Number: t17670909-36

448 (M.) Thomas Underboom was indicted for stealing three shirts, value 13 s. the property of Anne Underboom , widow , July 16 . ++

Anne Underboom . The prisoner is second cousin to my husband; I am washer-woman , and live in the Borough ; the prisoner came to my house, and got me to go for a pennyworth of Cheshire cheese for his supper; this was about eight in the evening, on the 16th of July; when I came back, he was gone; I missed eight shirts, two neckcloths, and a pair of sleeves; I only indicted him for three shirts, which were found again;

Benjamin Fryer . The prisoner came that night about a quarter after eight o'clock with three shirts; and pledged them with me; (produced and deposed to.)

Prosecutrix. I saw one of the neckloths taken from the prisoner, in Justice Fielding's office.

Prisoner's defence.

I was at my aunt's house that evening, but I did not take the things away; the three shirts and neckloth are my property.

Guilty . T .

Reference Number: t17670909-37

449. (L) Samuel Elliot was indicted for stealing a linen handkerchief, value 10 d. the property of Jeremiah Percy , July 23 ++

Jeremiah Percy . I live in St. Anne's-lane, Aldersgate-street; I was on Tower-hill on the 23d of July, the day the red regiment marched out, about eleven o'clock; a person tapped me on the shoulder, and said, Sir, here is a boy has picked your pocket of your handkerchief; he had the prisoner by the arm; I felt, and missed it; some people were for horse-whipping him, some were for ducking him; I said, neither of them shall be done, I will take him to justice; I took him to a magistrate, and he was committed.

Abraham Hayes . I was on Tower-hill; I saw the prisoner take Mr. Percy's handkerchief out of his pocket, as I was standing by him; (the handkerchief produced and deposed to.)

Prisoner's defence.

I picked the handkerchief up.

Guilty . T .

Reference Number: t17670909-38

450. (L.) William Watkins was indicted for stealing a handkerchief, value 6 d. the property of William Shaw , Sept. 10 . ++

William Shaw . Last Thursday morning I was here in the Old-Bailey yard , looking over the list which was put up against the wall of the prisoners to be tried; I had some silver spoons in my hand to produce on a trial; the gentleman said to me, have you my spoons here; I said yes, or what business have I here, and took them out and shewed him them; I put them into my coat-pocket, and clapped my handkerchief upon them; there being a crowd, I took the spoons out, and put them in my side pocket near my breast; the prisoner came pushing up, I felt his hand in my pocket; I gave a jirk about, and saw him put his hand under his coat; upon shaking his coat, down fell my handkerchief from under it; I suppose he expected to have found the spoons there

William Baker. I was standing by Mr. Shaw; I saw the boy at the bar drop the handkerchief, but I did not see him take it

Prisoner's defence.

I was standing there; people were pushing up; the gentleman said he missed his handkerchief; he looked about, and at last found it on the ground, then he charged me with taking it.

He called his mother, John Johnson , Elizabeth Simpson , and Anne Evans , who said they never heard any ill of him.

Guilty . T .

Reference Number: t17670909-39

451. (L.) Henry Rose was indicted for stealing four-silver table spoons, a silver punch ladle, two silver tops for castors, and a quarter guinea , the property of David Thomas , Aug. 7 . ++

Elizabeth Thomas . I am wife of David Thomas ; I live at the Half-moon eating-house in Aldersgate-street ; the prisoner came on the 7th of August, and asked me how I did; I had forgot him; I said, I cannot say I know you; he said his name was Harry; then I recollected he had lived with us six weeks above twelve months ago; he asked for a pint of beer; I fetched it, and gave him some victuals; after he was gone, the things in the indictment were missing, but I did not miss them immediately.

James Yates . I happened to be in the house where he was brought in, by the person that took him; I saw the things taken, some out of his pocket, some out of his breeches; there were two table-spoons, two pieces of spoons, and part of a punch-ladle.

John Bramhall . I am a constable; I was sent for to the Blakeney's-Head in Bartholomew-close, to take the prisoner; I took him in custody, and had him searched; these spoons and things were found upon him; (produced and deposed to.)

Mr. Kersill. I live in Aldersgate-street. On the 13th of August the prisoner brought part of a crown-piece ladle to sell; he said he had found it by Jewin-street; I said, if you will go near the Half-moon, you will find the person that lost it; I did this, expecting I should discover whether the things were stolen from thence; he, as I expected, ran

away; we pursued him, he was brought back; and when we charged him, he owned he had taken a quarter guinea out of the bottom of the ladle, and paid it away; when he found he was to be searched, he owned they were Mr. Thomas's property.

Prisoner's defence.

Coming through the passage, I saw these spoons before me; I touched them with my foot; I took them up, and put them in my pocket, and had them in my pocket when I went into the house for the beer.

Guilty . T .

Reference Number: t17670909-40

452. (L) William Cuthbert was indicted for stealing a linen handkerchief, value 6 d. the property of John Bailey , Aug. 4 . ++

John Bailey . I was near Aldersgate , speaking to one of the militia; several people were near me; I thought I felt something at my right-hand side; I catched fast hold of the prisoner's shoulder with my left-hand, and said, you villain, you have been very busy with my pocket, you have got my handkerchief; he went on his knees, and unbuttoned the flap of his breeches, and pulled my handkerchief out, and gave it me, and begged I would let him go; (produced and deposed to.) The mob wanted to duck him, but I took him to a public-house, and after that, before a magistrate, and he was committed.

Prisoner's defence.

I picked it up from the ground, and put it in my breeches, having never a pocket.

He called Thomas Barber , a victualler, who had known him eight years, that he served him three, and behaved well.

Guilty . T .

Reference Number: t17670909-41

453. (L.) William Guest was indicted for high treason, in filing, impairing, lightening, and diminishing a guinea and a half guinea, the current coin of this kingdom, against the form of the statute . *

John Leach . I am a teller at the Bank, I believe Mr. Guest has been a teller there between two and three years.

Q. Did you ever observe any conduct in him different from the rest?

Leach. I have seen him pick new guineas from the old ones.

Q. How long ago is that?

Leach. Six months ago at least.

Q. Did you attend to this after to see whether this was a frequent practice?

Leach. I did, it was his frequent practice; it created a suspicion in my mind, and I communicated my suspicions to some others. On the 4th of July he paid some money to Mr. Richard Still , a servant to Mr. Corner, a dyer on the Bank-side, Southwark: at the time I saw Mr. Guest take some money out of a bag in the drawer, and put it among the rest on the table, and when he had paid the man, I went out after him, and asked him if his money was right, and begged the favour of him to walk into the pay-office, and let me tell the money over, which he did, and out of the thirty guineas there were three of them seemed to me to be newly filed; he said that was all the gold he had about him; I carried them three guineas into the hall, and showed them to Mr. Robert Bell , he looked at them; then I desired he would carry them up to Mr. Race the cashier.

Q. Did you go up with him?

Leach. No, I did not then.

Q. How did they appear to you to have been filed?

Leach. They appeared to me as if the right milling had been taken off, and then filed.

Q. You say, when he paid some money, you observed he took some out of a bag in the drawer, is not that what is commonly done?

Leach. That is very seldom done in the Bank, it is sometimes done; this was not the whole of the money, but part; it was mixed with the money upon the table; we put our guineas in one drawer, silver in another, moidores in another, ports in another.

Q. What was done with the three guineas?

Leach. Mr. Race weighed them in my presence, they all three weighed fifteen pennyweights, nine grains; the weight should be sixteen pennyweights, four grains and a quarter.

Q. What is the difference?

Leach. Nineteen grains and a quarter, that is three shillings and a penny, according to the standard.

Q. Did you weigh them separately?

Leach. Yes, one of the guineas weighed five pennyweights, three grains, and nine-sixteenth, that was a guinea of the late King's; there were two of his present Majesty, one wants about ten-pence, the other about thirteen or fourteen-pence.

Richard Still . I received thirty guineas at the Bank, on Saturday the 4th of July, of Mr. Guest.

Leach. This is the person that I received the three guineas of.

Still. As I was coming out of the Bank the gentleman met me, and desired I would step into the office, that they might look at the money that I received; I had no gold about me at that time, but the thirty guineas I received; I had only some half-pence, and eighteen-pence in silver: I told the gentleman he should look at them with all my

heart; I turned them all out upon the table, he examined them, and looked at the edges of them, and selected three or four of them, and asked the gentleman on the other side the counter to lay down as many guineas as he had taken out, which he did.

Robert Bell . I am a teller at the Bank; I remember, on Saturday the 4th of July, Mr. Leach brought me three guineas, which appeared to me to be recently field, two of his present Majesty's, and one of George the IId. I said, where did you get these; said he, I have just taken them of a gentleman in the office (that office is fifty yards from me;) I did not see him take them; he said, he had received them of the last witness (Mr. Still) who received them of Mr. Guest; I carried them to Mr. Race by Mr. Leach's desire, and Mr. Race, with great deliberation, looked at the edges of them in his custody; he closed them in a paper, and wrote 4th of July upon them; and said to me, you will carry these to Mr. Leach, and desire him to keep them in his custody; I delivered them back to Mr. Leach.

Daniel Race . About the 4th of July Mr. Bell brought three guineas to me; I looked at them very carefully, they appeared to me to be newly filed; I delivered them to Mr. Bell again.

Q. to Leach. Produce the three guineas you mentioned.

Leach. These are them, they are in the same state and condition as when I received them, only I have covered the paper with fresh paper (producing three guineas;) I delivered them to Mr. Bell, and received them back from him the same day.

Race. I did receive them there or thereabouts, and returned them back to him the same day.

Q. to Leach. Have you had them in your custody ever since?

Leach. I have, they have not been out of my custody since; they have been locked up in my bag; I delivered them to Mr. Bell on the Saturday, to show them to Mr. Race.

Bell. The three guineas that I received from Mr. Leach I showed to Mr. Race, and I received them back again, and delivered them to Mr. Leach again.

Leach. They have never been lout of my custody, excepting these two instances.

Jeremiah Thompson . I am one of the cashiers at the Bank.

Q. Can you inform the court of the method of collecting the tellers bags?

Thompson. The method is, every cashier, in his turn in waiting, takes the tellers bags, and locks them up in a particular place every night; every telle, has his name put to his bag, as they are all set down in a book.

Q. Are the bags sealed?

Thompson. No, they are not, the cashier in waiting that takes the bags, he finds so much money upon every bag, and we examine the book to see that they agree, that they make a balance, and then we lock them up, and they are delivered out the next morning.

Q. Are there any body besides yourselves as a check?

Thompson. There are two locks upon the door of the cupboard where they are locked in; the cashier in waiting has one, and some one of the indoor tellers have the other key; the cashier cannot come at these bags without the teller; that indoor teller is one that is in waiting for the night, and we keep a check for them all.

Q. Who are the waiting in-door tellers?

Thompson. They take it by turns.

Q. Who were in waiting that night, the 4th of July?

Thompson. Kemp and Lucas were; the key is kept by one of them, I do not know which of them; I received orders from Mr. Race, the chief cashier, to inspect into Mr. Guest's bag of the 4th of July, and one or two of the tellers to be with me; Mr. Lucas and Mr. Kemp were present; the whole sum was 1800 l. 16 s. 6 d. in several bags; there were five hundred pound bags tied together, thirteen bags in all; I was ordered to see if there were any new guineas fresh filed; Mr. Kemp and Mr. Lucas told the money over; there was one bag in which was forty guineas, which seemed fresher than the others did, upon the outside.

Q. When you speak of fresher, what part do you mean?

Thompson. I mean the edges.

Q. Whether you compared these to any of the other guineas in the other bags?

Thompson. Yes, they were compared, and they all appeared fresher than the rest.

Cross Examination.

Q. Did you closely inspect them?

Thompson. We examined them with caution and deliberation.

Q. Where have they been since?

Thompson. They were sealed up by Mr. Kemp and myself, and have not been opened till this morning; they were kept locked up by the two

keys I have mentioned, by the cashier and the teller.

Thomas Luc as. I am a teller in the Bank, we take it by turns to be waiting tellers; I was in waiting on the 4th of July, and Thomas Kemp was the other,

Q. In what manner do you take care of the money?

Lucas. We receive it from their own hands; it is in my custody from that time till I deliver it to a porter, who puts it in a box, and from thence it is wheeled into the treasury; we found in a bag of Mr. Guest's forty guineas.

C. for prisoner. I admit that with all my heart, that these forty guineas were found in Mr. Guest's bag.

Q. to Lucas. How did they appear?

Lucas. They appeared much fresher on the edges than other guineas.

Thomas Kemp . I am a teller at the Bank; I was there that evening, I examined these forty guineas.

Q. Whether you made any particular observation on them?

Kemp. They appeared to me to be all fresh filed on the edges?

Q. Did you weigh them.

Kemp. I did; there was a deficiency from about 8 d. to 14 d. one with the other, I cannot be certain to a penny; there was a deficiency in every one of them.

Mr. Sewallis. I belong to the Bank; I made a search in the house of Mr. Guest in Broad-street-buildings, in the month of July last; in a two pair of stairs room was a mahogany nest of drawers, the top of which was forced open in the presence of Mr. Hall, Mr. Humberton, and my Lord-Mayor's officer; there we found a vice, files, and other things.

Thomas Humberton . I am a servant in the Bank; I was present at a search made at Mr. Guest's house; I asked him, while he was at the Bank, for his keys of his book case and a cupboard; I told him I was going to search his house; this was on Monday the 6th of July; there were warrants out against him; he said he did not know what authority any body had to search his house, and refused to deliver his keys; I found all the things there; they were under seal till before the Grand Jury yesterday, and they are now under the seals of the Grand Jury; they were opened, and produced in court. (Note, They were such as were at and proper to effect or contribute to the commission of the particular offence with which he was charged in the indictment on which he was tried; and a bag with 100 guineas, and two bags of gold filings.)

Humberton. We found these things under the flap of a small chest of drawers; there were three drawers on each side, and a drawer went quite cross at the bottom, about four inches deep; as it opened at the top, a flap before fell down, and there was a skin lay at the bottom, fastened to the back part, and a hole in the front part of it, to fasten to a button on his waistcoat, in the manner the jewellers use them; in that leather lay all the utensils, and the smallest parcel of gold dust loose, and another parcel in a paper by it; and another (the largest parcel) in a secret place under the leather, in a place about six or eight inches square, under the middle of the leather; we observed there was some yellow stuff on the teeth of the file.

C. for prisoner. We do not controvert the finding these things.

Q. What is the weight of the gold filings?

Humberton. The weight is four pounds, eleven ounces, and nineteen pennyweights; that is the weight of all the filings together.

Q. How much was in that that was concealed under the leather?

Humberton. That was the greatest quantity; that was three pounds, seven ounces, and twelve pennyweights; that seemed to be very clean, cleanes than the other two parcels; the other parcel next to that weighed one pound, three ounces, and two pennyweights; the inferior parcel is one ounce, five pennyweights; that was loose upon the leather, with a good deal of dirt in it; I have delivered some of each parcel to Mr. Chamberlaine.

Joseph Nichols . I am one of the moniers in the Mint, that is, one of the coiners.

Q. How long have you been in it?

Nichols. I have been employed twenty years in it, apprenticeship and all.

Q. Do you know the use of these tools here produced?

Nichols. I do; here is one very capable of milling money round the edges.

Q. Look at these three guineas. (The three guineas were part of the thirty the prisoner paid to Richard Still .)

Nichols. These are filed guineas, they have had a fresh edging put upon them.

Q. Look at these guineas; (the hundred guineas found in the prisoner's drawer, put into a bat.)

Nichols. (He looks at several of them.) These are all artificial edges; I do not see one but what is; they all appear to have fresh edges on them.

Q. Now look at the forty guineas found in his bag.

Nichols. (He looks at them.) There is not one of these, as I can perceive, but what is fresh filed; all I have seen might be edged with such an instrument as this produced; they were not done in the Mint at the Tower.

Mr. Chamberlaine. These three guineas (producing them) are three guineas which Mr. Nichols put edges on in my presence, with this instrument found in the prisoner's room; they were quite plain before.

Q. to Nichols. Compare these with the others found in the prisoner's drawer.

Nichols. (He looks at divers of then, and compares them together.) They are so near alike, that I believe they were all done with the same tool.

Q. Are you in the branch of milling?

Nichols. I am not, that is a particular office.

C. for Crown. They in that office cannot be called upon to give evidence how money is milled; they are strictly forbid it.

Humberton. I took out three small parcels of filings out of the three parcels, and delivered them to Mr. Chamberlaine.

Chamberlaine. I delivered the same quantity of filings which I received of Mr. Humberton to Mr. Lucas.

Joseph Lucas . I received three parcels of gold filings of Mr. Chamberlaine to assay; I assayed them separately, and found them agreeable to the standard of our money; that parcel that was said to be found upon the leather was mixed with a great deal of dirt, I was obliged to wash and dry it; when I had done that, upon the assay, I found it deviated a little from the true standard, but within the limits of our money; I think it might come from the filings of our guineas; the others were very exact to the standard.

Samuel Lee . I am a teller at the Bank; I think it was the latter end of March the prisoner had a bar of gold; it was, I believe, between five and six inches long, under two inches wide, and better than half an inch deep; I asked him how he came by it; he said he had it from Holland; I had it in my hand; I said I thought it was not like a regular bar of gold, it had a deal of copper on the back of it; he said it must be filed off, and that all bars of gold were so.

Q. Did you ever see bars of gold at the Bank before?

Lee. I have, but never saw any with such scum on them as that had.

Q. How often have you seen bars of gold?

Lee. I have seen bars of gold scores of times before I went into the Bank.

Thomas Troughton . I am a jeweller; I have known the prisoner four years; I sold an ingot of gold for him the 12th of June last, there was about forty-eight ounces of it. I sold another ingot of gold for him about six months ago, that weighed forty-six ounces, or thereabouts.

Q. Did you get the price of standard gold for these ingots?

Troughton. I got thereabouts.

Cross Examination.

Q. Have not you a great many ingots come from abroad?

Troughton. We have, from different places.

Q. Did this raise any suspicion in your mind at that?

Troughton No, it did not.

Q. Was it standard?

Troughton. All gold ought to be standard, there is bad and good gold.

Q. Did you observe any appearance of copper or filing?

Troughton No, none at all; this appeared like other bars of gold that came from abroad; I understood it as such.

Q. How long did they appear to be?

Troughton. I took them to be about a foot long; there are various lengths of them; they come from abroad.

Esther Collins . I did live servant with Mr. Guest between four and five months; I left his service about the latter end of August, or beginning of September, about a year ago.

Q. Did you observe any thing in your master's behaviour?

E. Collins. Some little time before I came away, he used to be in the back parlour.

Q. How long before you came away?

E. Collins. About a month before.

Q. What was the furniture of that back parlour.

E. Collins. A desk and half a dozen chairs?

Q. What sort of a desk?

E. Collins. The same sort as other people's, a writing-desk; I saw it open one Sunday, when Mr. and Mrs. Guest went out a walking; he left his book-case open, I never saw the inside of it before; I went into the room to take his clothes away; the top being open, I looked into it: there I saw a glass cup with some yellow dust in it, and by the cup was a file, much like this that lies here.

Prisoner's defence.

I am innocent of the thing laid to my charge.

For the prisoner.

Robert Featley . I am an optical instrument maker

Q. Look at this tool; (he takes it in his hand.)

Featley. This is fit for various other uses where the edges require milling.

Q. Have you milled edges to things in your way?

Featley. We have, to scores of optical instruments; this is proper for several particulars, microscopes, and things in our way.

Cross Examination.

Q. Did you ever see any of these kind of instruments before in your trade?

Featley. No, I never did.

John Hunter . I am conversant in mathematical instruments and clock-work both.

Q. To what purpose is such an instrument as this applicable?

Hunter. We have several milled nuts, both in the mathematical and clock way; this is more useful than any thing we use, for any thing that will go into it; it is as great an improvement as ever I saw; the edges or jestering nuts for regulating clocks might be done with this.

George Hodgson . I am a cock-maker; I can make this instrument useful in several things that I do.

Q. Mention some of them.

Hodgson. For milling the screws, for regulating pendulums, that is the screw at the bottom to raise the ball, to make it go faster and slower.

To his character.

Alexander Sharp , Esq; I took lodgings at Mr. Guest's, in December, 1764, and lodged in his house six months; I had very little opportunity of knowing him much; I know none of his connections so as to know his character; I very seldom was with him.

Mr. Greathead. I have known him since November last; before I went to lodge with him, I had a very good character of him; he bore a very good character as far as I could find.

Mr. Mowbray. I have known him from his infancy; he bears the character of a very honest man; his family is in the greatest repute in the town he was born; I never heard any accusation against him till this charge.

William Lewis . My knowing and having acquaintance with him commenced when he was an apprentice at Worcester; the universal character that he has bore has been that of a diligent, honest, sober man; I knew his father and grandfather; I have had connections with them all my life-time; I am one of his securities since he came to be in the Bank; every body that had any connections with him have the same opinion with me; this thing was of the utmost astonishment to me when I heard of it; his father was a minister.

John Eldridge . I have known him about five years; he is a very sober, diligent, honest man; a man that I understood bore as fair a character as any man in the kingdom; I would as soon have trusted him as any man in the kingdom, from the goodness of his character.

Sir Thomas Antwistle . I have known him three years; he was always a very honest man as far as I knew; he has been so reputed by every body in the neighbourhood.

John Topham . I have known him twenty years; he had a very good character; I never heard to the contrary till this.

William Smith . I have known him between four and five years; I always looked upon him as a very worthy honest man; I never heard to the contrary till this affair.

Guilty . Death .

He moved an arrest of judgment, but it was overruled by the court.

Reference Number: t17670909-42

454. (L.) Rebecca Salter was indicted for stealing seven pewter plates, value 3 s 6 d. the property of Richard Wethers , Aug 14 . ++

Richard Wethers . I keep a public house in Cloth-fair . On the 14th of August, when I came down in the morning, my wife told me she had lost a dozen plates; while my wife and I were talking, the prisoner came in, and was about two hours over a pennyworth of beer; I suspected her, and desired some neighbours in the house to take notice of her; after some time, they called to me, and let me know she was gone backwards; I met her coming out; she had two of my pewter plates under her apron; then upon charging her, she owned she had taken and sold eleven to Mrs. Pye in Aldersgate street; I went there; Mrs. Pye put a dozen before me, I swore to five of them.

Mary Pye . I am a pewterer; I bought these five plates of the prisoner at the bar a month ago last Saturday; (produced and deposed to.)

Prisoner's defence.

I am not guilty.

John Cozens . I married the prisoner's sister; I always looked upon her to be very honest; her husband has used her very ill, and has now left her in distress

Guilty 10 d. W .

Reference Number: t17670909-43

455. (L.) Robert Langham was indicted for stealing twenty pounds weight of sugar, value 3 s. 6 d. the property of persons unknown, Sept. 10 . ++

William Wiggens I am a wharfinger; last Thursday in the evening, I met the prisoner with twenty pounds weight of sugar in an apron, in Thames-street; I stopped him, and delivered him to two of our gangsmen; he told me he would go and put it in the same hogshead he took it out of, if I would forgive him. I have known him nine years; he always appeared to me to be a very industrious man.

Prisoner's defence.

I was at work at Hammond's-key ; there was a bit of sugar fell out of a hogshead, I was a little in liquor, and I put it in my apron.

Guilty 10 d. Recommended . W .

Reference Number: t17670909-44

456. (L.) John Hodges was indicted for stealing three pounds weight of green tea, value 20 s. the property of William Robinson and Thomas Todd , Aug. 7 . ++

John Haynes . I live with Mess. William Robinson and Thomas Todd in Fleet street ; I put up three pounds weight of tea in a parcel, on the 7th of August, and left it on the counter; it had laid on the counter two or three hours; I did not miss it till it was brought into the shop, and the prisoner along with it.

Thomas Ardesois . I am apprentice to Mess Robinson and Todd; I was in the shop; I did not see the prisoner come in, but I saw him going out; I followed him out, and asked him what he wanted; turning him round, I saw this parcel of tea in his hand; I brought him and that into the shop, (produced and deposed to;) here is the direction upon it who it was for.

Prisoner's defence.

Coming along, there stood three or four men in a cluster; I picked it up by them by a bulk.

Guilty . T .

Reference Number: t17670909-45

457, 458. (M.) John Spires and William Bryan were indicted, for that they, on the King's highway, on Elizabeth Bibby , widow , did make an assault, putting her in corporal fear and danger of

her life, and violently taking from her person 4 s. 6 d. in money numbered, her property , Aug. 13 . ++

Elizabeth Bibby . I live in Bedford-street, Bedford-row. On the 13th of August, about nine at night, or rather after, I was in a chariot going up to Islington; the chariot was stopped between Lisson-green and Paddington turnpike , by three men on foot; one came on one side, another on the other, the third man held the horses; the man on the right side held a pistol to me, and asked me for my money; I cannot say the very words he made use of; he used no threats; I had nothing but a little silver; I took out about four shillings and gave him; there was a lady and her daughter with me; the lady gave him 24 s. and her daughter 1 s. they went off; I was much affrighted, and can give no description of them.

Thomas Smith . I live at the Shakespear, Russel-street; I saw Bryan, and the evidence Handon, drinking together in my house about three weeks ago; I believe it was the night before the robbery; I have seen them together once or twice.

Henry Patrick . I drove the chariot; one of the three men came and presented a pistol to me, and ordered me to stop; the other two robbed my mistress; after that, one of them came and gave me a shilling, and bid me drive on; I have no recollection of any of the prisoners; it was dark; I could not discern any thing of the men, so as to know them; I cannot tell whether they wore their own hair or wigs.

Patrick Handon . I have been generally with the prisoners; I am a baker, and worked at my trade before I got acquainted with them; I have been acquainted with them three months; we met together that morning in Drury-lane, at the Shakespear, and from thence up to the King's Head and the Crown and Cushion in Russel-street; we went out about seven in the evening, and robbed a gentleman in Tyburn-road, of his watch and a crown.

Court. Confine yourself to the fact now trying

Handon. We struck cross the fields, and came into the road; this lady was coming in her chariot; we stopped it; I went up to the horses, and they on each side the chariot; they robbed them of 4 s. 6 d. and 3 s. as they told me afterwards. I gave the coachman a shilling, and desired him to drive on; then we went to the Shakespear, and had each a dram at the bar; after we had gone a little way, the chariot stopped, and they asked if there was any danger in going farther, and we answered, no.

John Dorkin . I live at the Crown and Cushion; I know the two prisoners and evidence; they have drank together several times at my house, but with other company; I never saw them together alone.

Q. Were they at your house on the 13th of August?

Dorkin. I do not know particularly that day; they were there every day.

William Halliburton . On the Friday after the robbery was committed we had intelligence of them; I and two others went to the King's Head, where Bryan and the evidence were together; we went in at separate doors; they saw us, and both pushed off.

Jane Wright . I live in St. James's; I went in at the Shakespear's Head, at the corner of Russel-street, last night was three weeks, to open oysters; there was the evidence Pat. Handon and Bryan; I said to the evidence, what o'clock is it; he gave me his watch to look, and it wanted ten minutes of ten, and I gave him it again; the next day my husband came home, and gave me a hand-bill; then I said I know one that knows the men.

John Sweetman . I am a constable; I took Spires in Maynard-street, in a room; there were these two pistols under his bed; (produced in court.)

Handon, Spires borrowed the pistols of a man in Westminster.

Sweetman. They were loaded four inches deep with slugs.

Matthias Graham . I am a constable; I was with Sweetman in the taking Spires, and finding the two loaded pistols.

Spires's defence.

Ever since the last sessions that I was acquitted here, I had the goal distemper upon me; I came to the Crown and Cushion with the help of a large stick; there I saw Pat. Handon, along with a couple of good smart, clean girls; I sat in one box, and they in another; he asked me to drink; I did, and saw no more of them that day; next day I went to the same house in the morning, and saw him there with these two girls again; and in the afternoon Bryan came there, and called for a pint of beer; Pat. Handon asked him, what part of Ireland he came from; I cannot tell what answer Bryan made; they came very thick together; Pat. Handon asked him to drink; Bryan put his pint into Handon's pot; Handon asked him what was the matter with me; said he, he has got the goal distemper by being in Newgate; said he, poor fellow, he looks bad, I'll ask him to drink; then Pat. asked me to drink; three or four days after, I went there again with my stick, hardly able to crawl; then Bryan and Pat. Handon came in with

the two girls; Bryan asked me to drink out of their pot; I was in one box, and they in another; that night that the pistols were found, there was one John Harford . or Harper, lay with me and another; they took out their pistols, and left them under the bed; I never was in that room before in all my life; I had been there but about half an hour, before Sweetman came and knocked at the door.

Bryan's defence.

I have been about three months from Ireland; I thought to get in to carry a chair; coming up Covent-garden, I went into that house, there sat Spires; he asked me where I came from; I said, from the county of Kildare; I had carried a chair two years in Dublin; he asked me to drink; I put my pint into his pot, we drank together; about three or four days after I came there again, and saw Spires and the evidence; the evidence asked me to drink; I said I would not differ with them; we had three pints; Spires looked very badly; the evidence met me another night, and we had three pints of beer there; he asked me, what was the reason I could not come and live about Covent-garden; I met him once after that, and we went into the King's Head, facing Russel-street, and drank three pints of beer; about a week after, I saw him one evening, there was a dancing at Smith's house; I went over, and had a pint of beer, he was with me; I would not stay there, but said, if he would go to the Crown and Cushion, I would drink with him there; he followed me, and we drank together and I never saw him after till I was taken; this evidence Handon has broke out of goal so often, that I think no person can take his word.

Q. to prosecutrix. Do you recollect the chariot stopping after you had been robbed, and what was said?

Prosecutrix. I do; the young lady asked if there was any danger in proceeding farther.

Both guilty . Death .

See Spires tried, in company with Harford, for a highway robbery, No 389, 390, in last Sessions Paper.

Reference Number: t17670909-46

459. (M.) Timothy M'Cartey was indicted for stealing a pewter plate, value 6 d. the property of Luke Addington , and a pewter plate, value 4 d. the property of Barker Simpson , July 16 . ++

John Perry . I am a pewterer in Fore-street, the prisoner brought two pewter plates to my shop on the 16th of July, between seven and eight in the morning; I seeing the names on them, asked the prisoner his name; he said it was Thomas Watts; he said he had had the plates two years, that he bought them of one Ewers, broker in Chiswell-street; there has been no broker there of that name some years; I sent one of my servants to the owners houses, then the prisoner begged I would let him go, saying, if he had stole them they were of no great consequence.

Luke Addington . I keep a cook's shop in Shoe-lane ; this plate, with Michael Miller , Shoe lane, upon it, is my property; he lived there before me, and I bought his fixtures and things at coming in; I have lost so many I cannot say when this was taken away.

Barker Simpson. I keep a cook's-shop in Salisbury-court ; this plate, with my name upon it, is my property; it has not been made above half a year.

Prisoner's defence.

I bought the plates of a broker in Chiswell-street, I have had them two years.

He called John Carter , a baker, Michael Stoaks , a weaver, and Mary Peters , who gave him the character of an honest man, exclusive of this offence.

Guilty 10 d. W .

Reference Number: t17670909-47

460. (L.) Anne Page was indicted for stealing half a guinea , the property of William Baldwin , July 22 . ++

William Baldwin . I am a master of a vessel , and an importer of fruit and wine from Spain; an acquaintance of mine, a constable, requested me to give him my company on his watch night at the watch-house, which I did on the 21st of July, at the watch-house in Panyer-alley, Newgate-street; we staid till four in the morning; I was walking along at the end of Fetter-lane , I looked at my watch, and found I should be at home before my people were up; I had accustomed myself to drink the water at Battle-Bridge wells, I went up Fetter-lane to go there; when I was about two-thirds up the lane, there was the prisoner; it had rained, she appeared very wet; as I came to her she asked charity, and was very solicitous for a penny to get a pennyworth of purl; I took out my money, and said, I had no change; upon that she made a snatch, and took half a guinea out of my hand, and ran away; I pursued her to a place they call (I think) Church-yard-alley; she was just entering into a house, I took hold of her, and brought her into the street, and sent for a constable, and took her to Woodstreet-Compter; she was examined by Mr. Alderman Shakespeare, and acknowledged having the money, but said I had given it her, and said I had been six hours in a hackney coach with her.

Q. Did you get the half guinea again?

Baldwin. No, I did not, she said she had lost it; after she had got it she ran, and said I will get change, I will bring change.

Prisoner's defence.

Another woman of the town and I had been to Long-acre; I met Mr. Baldwin on the other side Temple-bar, he said to me, my little dear, if you have a lodging I will go with you; I went to my lodgings in Fetter lane; the other woman was a lusty woman; he said, I was rather too small, he did not like me; so I went down stairs, and he called me up, and gave me half a guinea; I went and called my landlady to give change; when the woman came, he said, where is my half guinea; I said, in my pocket; he said, I insist upon it again, for I have laid with this woman, and am to give her five shillings and three-pence of it; I had delivered the half guinea to Sarah Simpson .

Q. to prosecutor. Is the constable here?

Prosecutor. They are both.

Richard Playle . I am one of the constables of St. Andrew's, Holbourn; I was called out of my bed about a quarter after five, to take charge of the prisoner; she said before my Lord-Mayor, the prosecutor had been six hours in a hackney-coach with her in the night.

Mr. Hunt. I am the constable that Mr. Baldwin was with that night; I parted with him at the watch-house in Panyer-alley, about four o'clock in the morning.

Guilty . T .

Reference Number: t17670909-48

461. (L.) Eleanor Smallbrook was indicted for stealing seventy-two small tooth brushes, value 24 s. the property of Thomas Woolley , July 30 . ++

Acquitted .

Reference Number: t17670909-49

462, 463. (M.) Charlotte Over and Anne Wellbone , spinsters , were indicted for stealing nine pair of men's leather gloves, value 10 s. the property of Thomas Holland , August 19 . ++

Thomas Holland . I am a breeches-maker and glover , and live on the other side Westminster-bridge; I was returning home out of the city between eight and nine at night, on the 19th of August; the two prisoners were standing at the corner of Scotland-yard, they asked me to give them a glass of liquor; I said, with all my heart; I went with them to the Gentleman and Porter, facing Charing-cross , there we had two shillings in punch, and I believe half a pint of brandy; I had nine pair of gloves, which I laid down on the bench where I sat in a private room; I suppose we were there about an hour and a half; after I went out I was taken up by the watch, I was so fuddled I do not know where I lost my gloves; I lost also my watch, and two guineas and a half; I do not know which way the prisoners went; I never got my things again.

Charles Foudrinier . I am a constable; on the 19th of August, at night. I went to the watch house, there was Mr. Holland; he said he had been robbed, and described the two women at the bar; I gave the watchmen directions to take them, and in Over's room I found a small leather string (produced in court.)

Prosecutor. This is the string, or much like that, which tied up my gloves.

Over's defence.

We met the prisoner, he desired us to go with him; he gave Wellbone a shilling to lie down on the floor, and I held the door all the while; he did not like me.

Wellbone's defence.

He took us in and treated us, and gave me a shilling; I never saw any bundle he had; in about an hour after we were gone, I went that way, and I saw the waiter tumble him out of the house into the dirt; there were several women about him.

To their characters.

William Hamilton . Over lodged at my house three quarters of a year; she was a good girl then.

Q. Was she not looked upon to be a girl of the town?

Hamilton. She was called so, but I did not know what a girl of the town was then.

Q. How long is it since she lodged at your house?

Hamilton. That is above a quarter of a year ago.

Q. How long have you lived in London?

Hamilton. I have lived in London twenty years.

Anne Ibbet . I have known Wellbone about twelve months, she is a very sober honest girl; she gets her living by washing and scowering.

Both Acquitted .

Reference Number: t17670909-50

464. (M.) Henry Williams was indicted for stealing a cloth coat, value 20 s. the property of William Holmes , August 12 . ++

William Holmes . I live in the Strand, there was some words arose among company on the 12th of August; I stripped to fight, and lost my coat; the prisoner was taken within a quarter of an hour after, and confessed it was in a cellar where he lodged; there I went and found it, I do not know the name of the place.

Guilty . T .

Reference Number: t17670909-51

465. (M.) James Best was indicted, together with John Bradley not in custody, for that they on Francis Bateman Dashwood , Esq ; on the King's highway did make an assault, putting him in corporal fear and danger of his life, and taking from his person one hat, value 6 s. one silver hatband, value 3 s. the property of the said Francis , July 24 . *

Francis Bateman Dashwood . On the 24th of July, between twelve and one in the night, four men met me, between the Mews and Hedge-lane ; one of them was in a drummer's dress; they pushed against me, and tripped up my heels; they attempted to take my watch, but while I was struggling, they snatched my hat, and ran off with that; I was walking homewards without my hat; towards the Haymarket I met two gentlemen with their swords drawn; seeing me without my hat, they asked what was the matter; I told them what had happened; I had not been talking five minutes, before the drummer came with my hat on his head; the gentlemen laid hold of him; he finding himself taken, threw my hat into the middle of the street; I picked it up; we took him to St. James's watch-house; the prisoner was taken afterwards, but I know nothing of him any farther than what the drummer, who is admitted evidence, says.

Edward Reeves the drummer deposed, that one John Bradley , Best the prisoner, and he, went out that night, in order to stamp some men, the cant word for knocking people down to rob them, and that they did the fact charged in the indictment; but being unsupported in his evidence by any person of credit, the prisoner was acquitted .

Reference Number: t17670909-52

466. (M.) John Walker was indicted for stealing two linen handkerchiefs, value 6 d. one silk handkerchief, value 6 d. and one cotton handkerchief, value 3 d. the property of Thomas Allston , July 31 . ++

Thomas Allston . I live in Albemarle-street, Clerkenwell parish , I am a taylor ; I was in my shop above, and heard my wife cry, stop thief: I went down stairs, there I found the prisoner was brought in by a neighbour; the things mentioned in the indictment were found soon after, and brought in.

Joseph Blundy . I heard the cry, stop thief, at half an hour past six that morning; I saw the prisoner in custody; he said they might search him, he had nothing about him; I had seen him running with a bundle at my first looking out; I imagined he had thrown it over the pales in St. John's-Square; I went there, and found the bundle; (produced and deposed to.)

Prisoner's defence.

I was coming along, I saw these things lying at a door, and took them; they took me, and carried me to Bridewell; I am a stone-sawyer , and was going to my work at Blackfriars-bridge.

Guilty 10 d. T .

Reference Number: t17670909-53

467, 468. (M.) John Roberts and George Clare were indicted, the first for stealing five pair of gold sockets for ear-drops, value 5 s. the property of Nathaniel Pollard ; and the other for receiving the same, well knowing them to have been stolen , July 19 . ++

Nathaniel Pollard . I am a jeweller , and live at the half-way house to Hampstead ; I lost the things mentioned out of a little sort of a shed, in my garden, which I have done up to work in; the place was no way secure, any body could get into it; I was informed there were some such things at Justice Welch's; I went there and saw them; they are sockets of my own making; the prisoners were then in custody.

John Sweetman . There having been many houses broke in Marybone parish, I seeing the prisoner idling about, I took Roberts on the Sunday morning; he confessed to me he had broke into a place near Mother Redcap's, and stolen such things, and that George Clare had got them, and if I went to the new buildings, I should find Clare asleep among the shavings; I went and found him; I asked him for the brass things he had of Roberts; he was a good while before he would tell me; at last he said they were hid in a bank in the field; I tied his hands, and he went with me, and turned up the ground, and found them; (the five pair produced, and deposed to by prosecutor)

Sweetman. Roberts is about fifteen years old, the other about eighteen or nineteen.

Roberts's defence.

I was walking along one morning, and saw a boy get over the wall, and come back again, and said he had found these things; George Clare watched him where he hid them; neither he nor I had them in our hands.

Clare's defence.

The other boy, named Billy Wright , found them, and told me where he had hid them.

Clare called John Segar , Elizabeth Becham , and James Timball , who said they never heard any thing amiss of him before this affair.

Both Acquitted .

Reference Number: t17670909-54

469 John Jones was indicted for stealing a pair of paste shoe-buckles set in silver, value 20 s. the property of Susanna Moore , spinster , July 19 .

The prosecutrix did not appear. Acquitted .

Her recognizance was ordered to be estreated.

Reference Number: t17670909-87

470. (M) Rachael Simonds was indicted for stealing a silver watch, value 40 s. the property of Brian Crank , privately from his person . Sept. 8 . ++

Brian Crank . I live in New-street by Bishopsgate, and am a coach-painter ; I was coming from Norton-salgate last Monday night, the prisoner and Mary Gates came after me; they asked me to go along with them; I went with them to a place called Whores-acre, or Fordam's alley ; they took me into a room, and asked me whether I would have any thing to drink; there was a man there, he and Simonds played at cards; they sent for a quartern of rum, the man paid three half-pence and I the rest; the man and Simonds fell out, and had like to fought; he went away; then Gates asked me whether I would do any thing; I said no; then Simonds asked me whether she and I should do any thing; I said no; she went to the door; Mary Gates then went to put her hands in my breeches; I stopt her, I had hold of the string of my watch; she got hold of the watch; I said, if she did not let go I would punish her, if possible; I gave a good hard pull, and pulled it from her; she swore if I had a shilling about me she would have it; I thought I heard a man at the door; I said to her, I hoped she would be so honest as not to rob me; she put her hand into my breeches pocket; I took and put my watch into my right-hand fob, then she took a handkerchief out of my coat pocket, then she searched my waistcoat pocket, and my right-side breeches pocket, there was a guinea there; I took it out, and put it in my waistcoat pocket: then she got her hand into that pocket, I held fast hold of her hand with both mine; in that time the prisoner moved quick round, I saw the glass of my watch, and the string in her hand; she went out directly with it; I began to be pretty rough then, and promised Gates to give her any money she wanted, if she would be so good as to send for her in, and let me have my watch: in the mean time she came in, Gates said to her, the gentleman says you have got his watch; she said I might search her; I did not chuse to do that, but said I would give her four or five shillings, or more, if she would give it me again; she said she knew nothing of it; I then went out, and to Spital-fields watch-house, and got assistance, and we went and took the two women to the watch-house; I never got my watch again,

Prisoner's defence.

Mary Gates and I were coming along, and saw the prosecutor and another together; he came to me, and the other to Mary Gates ; they said they would go home with us; they did, we played for a shilling in punch, but the prosecutor would not have patience till the game was out; he wanted to talk to one of us; they sent for a quartern of rum; after the other man was gone, this sent for another quartern; then he mentioned a thing that we could not do; he had given me a shilling, he wanted it back, we said nothing was freer than a gift; he said she had his watch, and he got a constable, but nothing was found upon her.

Acquitted .

Reference Number: t17670909-55

471. (M.) Mary Gates , spinster , was indicted for stealing a linen handkerchief, value 2 s. the property of Brian Crank , Sept. 8 . ++

Brian Crank . I have nothing more to say than what I have said.

Acquitted .

Reference Number: t17670909-56

472, 473. (M.) Isaac Jones , otherwise Asher , and Christopher Swan , were indicted for stealing twenty-four pieces of callimanco and buckram cut out to be made into stays, value 4 l. the property of Anne Pierceall , Nov. 21 . ++

Anne Pierceall . I live at St. Alban's; I delivered twenty four pair of womens stays cut out (they were callimanco and buckram) to the waggoner at St. Alban's, to be brought to the Cock-inn, Aldersgate-street, directed to Mr. Sharp, Grace-church-street.

Thomas Herbert . I am the waggoner; this parcel was delivered to my mother by Mrs. Pierceall, she is not here; I know they were safe in the waggon on Finchley common in a sack, when I got up in the waggon there; I missed the parcel that night when I came to the inn.

Edward Lince . I am foreman to Mr. Sharp in Grace-church-street; I cut the stays out, and sent them down to St. Alban's for Mrs. Pierceall to stitch

John Dean . The prisoner Swan brought me some pieces for stays in a handkerchief; he said they were just come from Holland, and that they were his own; he desired me to sell them for him: I offered them to a person in Rosemary lane, who stopt them, and I have been in custody ever since (produced in court.)

James Murrey . I live in Rosemary-lane; a constable in Whitechapel parish desired me to go along

with him; we went to the sign of the Four Awls, there was Dean, he was stopt with a great quantity of pieces for stays; he directed us to Swan's house, where we found more in a box; Swan said he had them from on board a ship as a venture; I know nothing against Jones.

Swan's defence.

When I came from Jamaica I found a box in my house; I asked Judith Saunders , the woman that I kept company with, who the box belonged to; she said, what was that to me; she and I fell out; she went over to Holland, and we opened the box, and found these pieces in it.

Both Acq.

See Jones, otherwise Asher, tried by the name of Isaac Usher , No. 180, 182, in Mr. Alderman Bridgen's Mayoralty.

Reference Number: t17670909-57

474. (L.) Christopher Holland was indicted for stealing a black gelding, value 18 l. the property of Isaac Belcher , August 6 . ++

Isaac Belcher . I live at Danbury in Essex ; I missed a black gelding out of the pasture on the 7th of August; I found him in Smithfield the same day in the possession of the prisoner; I asked him if he would fell that horse; he said, yes; I said, what do you ask for him; he said, twelve guineas; I asked him how old he was; he said six years old, and that he was his own; I asked him where he brought him from; he said out of Kent; I asked him to give the horse a trot, and lead him to the Half-moon in Smithfield; when he got there, I took him by the collar, and said, that horse was mine; then he said he bought him in Long-lane near Smithfield, but did not know the man he bought him of.

William Seabrook . I am servant to Mr. Belcher, I turned this horse into the pasture on the 6th of August, about six in the afternoon, and in the morning he was gone.

Prisoner's defence.

A man overtook me in Barbican with this horse to sell; I asked him the price; he said twelve guineas; I bid him nine; he went into Long-lane, there he said if I liked him at ten I should have him; I gave him ten guineas for him; he said he brought him from Dartford in Kent; I am a shoemaker, and live in Paul's-alley, near Barbican.

Mary Physick . I live in Paul's-alley, the prisoner lives on the ground-floor, and I in the first floor; he is a shoemaker, he has nothing else to get his living by but making of shoes.

Q. Has he any stables?

M. Physick. I do not know that he has.

Q. Does he deal in horses?

M. Physick. I do not know that he does.

Q. Where was he the last six weeks?

M. Physick. On the 6th of August he was in the garden.

Court. You was asked where he was the last six weeks, you run directly to the 6th of August.

M. Physick. He was there with a child playing a little cannon off; he said to me, please to stop, and you shall see; he let it off, it went like a gun.

Q. How long has he been in prison?

M. Physick. He has been in prison a month last Friday.

Q. Where was he a fortnight before that time?

M. Physick. I cannot say.

Q. You can give a particular account of him the 6th of August, cannot you say where he was one day a fortnight before?

M. Physick. I am from home a great deal; I have a sister at Lambeth that has been ill, and I have been there lately, but she is lately dead; I am sometimes in Bishopsgate-street.

Q. How long has your sister been dead?

M. Physick. She has been dead three months, but I have been backwards and forwards with her husband.

Q. Can you tell where the prisoner was the week before he was taken up?

M. Physick. No, I cannot.

Q. Where was you the week before he was taken up?

M. Physick. I was mostly at Lambeth.

Q. How long do you generally stay there when you go?

M. Physick. I sometimes stay a week, and sometimes a fortnight.

Q. Where was you when he was taken up?

M. Physick. I was at home then.

Q. Did you see him any time that day?

M. Physick. I saw him came home that day at about ten o'clock, with beef stakes for dinner; that was the 7th of August.

Q. What time did you hear of his being taken up?

M. Physick. I heard of that at night.

Q. Have you been out since?

M. Physick. No, I have not much.

Q. Where was he carried?

M. Physick. To Woodstreet Compter.

Q. Did you go to him?

M. Physick. I did one night, but not that night.

Q. How long was that after he was there?

M. Physick. That was about a week after.

Q. Did any of your people go to him that night?

M. Physick. I cannot say whether any of them did or not.

Q. By what do you know it was the 6th of August that this gun was fired?

M. Physick. Because I was there.

Q. Why may it not be the 5th?

M. Physick. It was the Thursday, and he was taken up on the Friday.

Q. What time did you see him last that Thursday night?

M. Physick. He was at home at eight o'clock.

Q. What other people lodge in that house?

M. Physick. There was one William Bobit lodges in the kitchen, and William Price lodges up two pair of stairs, and two shoemakers work in the garret; Mr. Bobit has a young woman, named Birmingham, boards with him.

William Bobit . I am a porter, and lodge in the house of Mrs. Physick in Paul's-alley; the prisoner is a shoemaker, and lodges there.

Q. What other business does he follow?

Bobit. He follows no other business as I know of.

Q. Does he deal in horses?

Bobit. I do not know that he does.

Q. Are you mostly out, or at home?

Bobit. I am at home every night.

Q. Where was he a fortnight before he was taken up?

Bobit. I cannot tell.

Q. When was the last you saw him before he was taken up?

Bobit. I saw him within a week of the time; I cannot say I saw him every day; the night before he was taken up I was in the garden with him, between seven and eight o'clock; there was a little boy with us, Mr. Price's son; we were firing off a little cannon; that was the 6th of August at night.

Q. Are you sure it was the night before he was taken up?

Bobit. It was.

Q. What time did you see him last that night?

Bobit. I saw him till it was full eight o'clock.

Q. Did you see him after that time?

Bobit. No, I did not.

Q. Did you see him the next morning?

Bobit. I cannot say I did.

Q. Was you at home the next morning?

Bobit. I was, till after ten o'clock; I went out about five, and returned again by nine; I cannot say I saw him that morning.

Q. What circumstance was he in?

Bobit. I cannot tell that.

Q. Is he a journeyman or master?

Bobit. He works as a master like; I believe he did only jobs, he had no regular shop, he worked in his room.

Q. Had he a journeyman?

Bobit. No.

Alice Bobit . I am wife to William Bobit , I lodge in this house in Paul's-alley; I have known the prisoner about sixteen weeks, he is a shoemaker.

Q. What family has he?

A. Bobit. He has a wife, he works at home on the ground-floor.

Q. Does he constantly work at his business?

A. Bobit. That I cannot say, because I go out to work; I have heard him at work.

Q. Did his wife and you associate?

A. Bobit. No.

Q. Were they full of money?

A. Bobit. That I do not know.

Q. Where was he a fortnight before he was taken up?

A. Bobit. I do not know, I never missed him.

Q. Where was he a week before he was taken up?

A. Bobit. I do not know.

Q. Where was he the night before he was taken up?

A. Bobit. He was at home.

Q. Where was he on the 7th of August?

A. Bobit. I saw him on Friday the 7th of August before seven in the morning, going out into the garden.

Q. Did you see him any time after that that day?

A. Bobit. I saw him again, betwixt that and eleven o'clock, in his own apartment, sitting by the fire.

Elizabeth Birmingham . I live in the house where the prisoner does; I come from Cambridge, and live with Christopher Holland ; I have been there eleven weeks.

Q. What is the prisoner?

E. Birmingham. He is a shoemaker .

Q. Does he work at his trade constantly?

E. Birmingham. He does, he had pretty business.

Q. Has he plenty of money?

E. Birmingham. He has an aunt that has plenty of money, and she often makes him a present to support him; I was in his company the 6th of August; we supped at six, and I was with him till past eleven; I do not lodge there.

Q. When was he taken up?

E. Birmingham. He was taken up on the 7th of August, one Friday; on that day I was at his door before six in the morning, and his spouse came and let me in; he was in bed then; there came a woman between five and six to let his spouse know he was in the Compter; his wife went there; then she came back, and let me know of it, and I went then to see him.

Q. Was you before the Alderman?

E. Birmingham. I was on the Saturday.

Q. Was the owner of the horse there?

E. Birmingham. He was.

Q. Did you give an account where he was over night?

E. Birmingham. I did not hear any thing mentioned in particular, I was not called upon about it; I went, in case I was called upon to say what I knew.

Q. Was there nothing said when you was with him in the Compter, how he could be guilty of stealing the horse when he was at home at the time?

E. Birmingham. I heard nothing farther said, but that he was taken up upon suspicion.

Q. Was you at the Mansion-house when he was there?

E. Birmingham. I was, waiting to give evidence, but I was not called upon; there was none called upon in the least.

Q. What did you understand about the horse?

E. Birmingham. I understood he was innocent, by being at home.

Q. Did you ever see him with a single guinea in gold in your life?

E. Birmingham. I have seen him with silver, but I cannot say I saw him with a guinea in gold.

Prisoner. I have an aunt in the country below Cambridge that has given me money several times.

Q. to prosecutor. How far is Danbury from Smithfield?

Prosecutor. It is about thirty-four miles distance.

Samuel Cheesewright . I am a turner in Aldersgate-street, the prisoner lodged in my house about twelve months ago, about three quarters of a year; he is a very honest industrious sort of a man, as far as ever I saw; he had a stall in Redcross-street, and used to mend shoes; he told me he had a little estate in the country, that brought him in about twenty pounds a year.

Q. Did you ever hear about his dealing in horses?

Cheeswright. No, I never did but once; he went down, as I understood, to receive his rent, and he brought up a horse.

Ruth Pegg . I live in Coleman-street, I have known him ever since he was born, I never knew any harm of him in my life; he was born in a place called Shipdon in Norfolk; there lives what friends he has.

Q. Do you know of an aunt of his?

R. Pegg. I never heard of any aunt he has.

Prisoner. It is my wife's aunt.

R. Pegg. I know nothing of his wife's family; his father was a farmer.

Q. Was he wealthy?

R. Pegg. He was none of the rich men, he just made a shift to bring up his family.

Q. Was the prisoner in good business?

R. Pegg. He was only a little chamber-master?

Q. Did you ever hear of his dealing in horses?

R. Pegg. No.

Q. Do you look upon him to be wealthy?

R. Pegg. I do not think he is worth any money at all.

Q. Have you ever seen him with a guinea?

R. Pegg. I have.

Q. Do you think he ever was worth five guineas?

R. Pegg. I believe he has been worth five and five to that?

Q. When?

R. Pegg. About fifteen or sixteen years ago, because his grandfather died, and left him a place worth between thirty and forty pounds.

Q. Has he that now?

R. Pegg. No, he has sold that a good while ago.

Q. Dare you take your oath to say, he is worth thirty of forty pounds now?

R. Pegg. I should be very loth to do that, he has no estate now as I know of.

William Price . I live in the same house, I have known the prisoner about a year, he has always behaved as an honest man, by what I observed; I do not work where I live, and I never saw him much out.

Q. Do you know any thi ng where he was that Thursday night?

Price. No, I do not.

Q. Was you at home that night?

Price. I was.

Q. Do you know any thing of a little cannon being let off?

Price. I do, before he was taken up I believe that was.

Q. How long before?

Price. I am certain it was not a week before.

Q. Have you been much in his company?

Price. No, I have not.

Q. Did you ever observe him flush of money?

Price. I never observed any want of money.

Mary Prentice . I live in Paul's-alley, next door to him, I know no harm of him.

Q. Did you know him ever dealing in horses?

M. Prentice. No, I know nothing of that.

Acq .

Reference Number: t17670909-58

475, 476, 477, 478, 479. (L.) John Edwards , John Row , Peter Smith , Peter Price , and James Devereux , were indicted, together with others not taken, in stealing forty-four pounds weight of sugar, value 14 s. the property of persons unknown, August 3 . ++

Robert Goodman . I am a gangsman at Summer's-key ; I went into the warehouse, and found the hogshead broke open, on the 3d of August in the morning, and sugars taken out; there might be half a hundred, or three quarters, of sugar, taken out; I saw some scattered on the ground.

John Emmersly . On the 2d of August, on a Sunday night, I was with Peter Price , James Devereux , and John Row, and four that are not taken; I met John Edwards at the foot of London-bridge, and we went in at a hole at the bottom of some pales, where they were building some part of St. Magnus's church; that hole leads into the buildings to the back of the warehouses; we saw a ladder placed up about two story high; Fosset said, lets go up that ladder, the door of the window was open; Fosset, Poling, and M'Cave, were with us, but they are not taken; I, Fosset, and Matthew Poling , whom we called Butterarse, we went up; I sat eating the sugar; Fosset said, do not lie eating, lets fill our handkerchiefs; he produced six handkerchiefs, we filled them, and an apron; we chucked them down, and put them through the holes to the others; then we carried them, and all met by agreement on Tower-hill; then we carried the sugar to East-Smithfield, where we had sold sugar before; the woman and man were in bed, we knocked at the door; there came a man, who said, there was no body to buy it; then we left it there, and I was taken in about two hours and a half after.

John Richards . On Sunday night, the 2d of August, was my watch-night; the beadle and I were going round to see that all the watchmen were on their duty; one of the watchmen came after us, and said, they had got a sugar merchant; I came to the watch-house, there was the prisoner Edwards; he had his pockets full of sugar, we turned them out, there was about nine pounds; the watchmen said, there were a dozen boys upon Tower-hill; Edwards said, he would go and show us where the rest of them were; we went to Saltpetre-bank, and there we took the evidence, and Smith, and Price; we brought them to the watch-house; last Monday was fortnight I took Devereux and Row, I examined them in the watch-house whether they made a practice of selling sugar near the May-pole, for we had found the sugar there between five and six on the Monday morning, four handkerchiefs, and an apron full, about forty-four pounds weight in the whole; they acknowledged they had taken sugar, and carried it there.

Richard Watts . I am a watchman; on that Sunday night, Alex Dresden brought in Edwards, and said, there were more boys upon the hill, which he thought were upon a roguish design; Edwards cried, and said, if I would let him loose he would give me what he had got, which was some sugar; we turned it out of his pockets, there was nine pounds of it; then he said he would tell me where the rest of the boys were that stole sugar; he went with us to Saltpetre-bank, there we took four boys coming back; he told us where they had carried the sugar; the next morning we went to the house by the Maypole, and found five handkerchiefs and an apron full of sugar.

Alexander Dresden . I took Edwards on Tower-hill, with nine pounds of sugar upon him; then he took us to Saltpetre-bank, there we took the evidence, Smith, Price, and one Lawrence Wade (he is not in the indictment;) then we went to a house facing the Maypole in the Butcher-row, and found the five handkerchiefs of sugar, and an apron full.

Edwards's defence.

They told me they had got some sugar, I went with them to sell it, then I went and found the evidence.

Row's defence.

I was coming over the bridge about eleven o'clock in the night; there were some boys, they desired me to carry some sugar, which I did.

Smith and Devereux said they knew nothing of the matter.

Edwards Guilty . T .

Row, Smith, Price, and Devereux, Acquitted .

Reference Number: t17670909-59

480, 481. (L.) William Clarkson and William Bliss were indicted for stealing two pounds weight of sugar , the property of persons unknown, August 3 . ++

George Cox . I am a watchman, I took the two prisoners on Tower-hill; I saw Clarkson go down to the ditch with a red handkerchief full of sugar; he emptied it these; I brought a good deal of it

out, as it lay in lumps, dry; the other was with him.

Both Acquitted .

Reference Number: t17670909-60

482. (M.) Francis Lee was indicted for stealing a sword mounted in silver , the property of Robert Chambers , Esq ; August 5 . ++

Robert Chambers. On the 5th of August last I was at Mr. Wade's, a bookseller in Gray's-inn ; I went up stairs to look at some books in the first-floor; I took out my sword, and left it below; while I was above my sword was taken away; I was advised to go amongst the pawnbrokers to see to get it stopt, if it should be brought, and I was informed the prisoner was stopped.

John Coates . I am a pawnbroker; on the 6th of August the prisoner came and offered this sword to pledge (produced and deposed to) between the hours of six and seven in the evening; he making a mean appearance, I imagined it not to be his property; I made enquiry how he came by it; he told me he found it; when he found I was for stopping him, then he ran away, but was secured; I took him before Sir John Fielding .

Q. to prosecutor. Do you recollect seeing the prisoner at the bookseller's?

Chambers. No, I do not; I saw a woman and child upon the stairs; the child seeing the sword, asked what that was; I went to enquire for them, thinking they might take it.

Prisoner's defence.

That child might take and carry it to the place where I found it, which was but about ten yards from the house.

He called Thomas Ryland , David Jones , and James Edmonds , who said they never heard any ill of him before.

Guilty . B .

Reference Number: t17670909-61

483. (M.) Thomas Lewis was indicted for stealing forty-eight pounds weight of mutton, value 12 s. the property of Robert Clowsley , August 21 . ++

Robert Clowsley . I am a butcher in Carnaby-market ; last Friday was three weeks a whole carcase of mutton, ready dressed, was taken out of my shop between nine and ten o'clock at night; we had observed the prisoner lurking about, and had a mistrust of him; when it was gone, some went one way, some another; the prisoner and carcase were brought back.

Edward Geslow . I dressed the sheep; when it was brought back, I knew it to be the property of my master, the prosecutor.

Mr. Scott. I was going home that night a little before ten o'clock, the prisoner came cross King-street; I said, where are you going with this sheep at this time of the night; presently I heard a noise of people coming from the market way; he laid the carcase down upon a bulk, and slipt in among the crowd.

Prisoner's defence.

I had been out paying some money; I was got in liquor very much, I do not know where I strolled, they say they took me in King-street.

Guilty . T .

Reference Number: t17670909-62

484. (M.) Benjamin Owen was indicted for stealing two fowls, value 3 s. 6 d and six pounds weight of iron, value 6 d. the property of William How , July 20 . ++

William How . I live in the parish of Kingsbury, near Edgware ; I missed two fowls on the 20th of July; the prisoner had made hay for me two or three years, but this year he made hay for a neighbour; I was at St. James's market when Mr. Sweetman brought the things to me, I knew them to be my property; then I went to Mr. Welch's, there I saw the prisoner; he acknowledged he had them from my house.

John Sweetman . I stopt the prisoner between one and two o'clock, just behind Mr. Whitefield's chapel in Tottenham-court road, about the 20th of July; he had two sacks, two fowls, and some iron twiripins; the next day I carried the things to St. James's market, and found the prosecutor out by the mark of the sack (the iron produced and deposed to.)

Prisoner's defence.

Coming by that gentleman's house, I found a bag, and all the things in it, on the road; I took it up, and carried it; I thought some cart had dropt it; I met the constable near Mr. Whitefield's chapel; I did not offer to run away, I am sure I could, for they were all three as drunk as they could stand.

Guilty 10 d. . Died before sentence past .

Reference Number: t17670909-63

485, 486. (M.) Thomas Davis and Mary Mills were indicted, the first for breaking and entering the dwelling house of Mary Watts , on the 7th of August , in the night time, and stealing a watch with silver box and case in one, and a pair of silver knee-buckles, the property of John Taylor ; five silver table-spoons, and four silver tea-spoons, the property of the said Mary, in her dwelling-house ; and the other for receiving the four silver tea-spoons, well knowing them to have been stolen . ++

John Taylor . I live with my grandmother Mary Watts , in Blossom-street, White Lion-yard, in the parish of Shoreditch ; her house was broke

open on Friday the 7th of August; It was discovered in the morning about seven, on the eighth; the maid came up to my room, and told me the house had been robbed: I went down, and found the yard-door open, and there was a door in the middle of the entry; that door they had bolted, so that we could not get there; we found a pane of glass taken out of the kitchen-window, and the window shutter and casement open; out of the kitchen we missed five table-spoons and four teaspoons; from my room I missed my watch, and a pair of silver knee-buckles, my property; they were taken off from the table: on the Monday the prisoner Davis was taken accidentally, and carried to the Rotation Office. I was sent for; he owned to every thing, and mentioned the spoons, watch, and buckles, and said he had an accomplice with him; he said the other went into the house, and he stood in the yard, and received the things as the other gave him them out.

Q. How old is he?

Taylor. I believe he is about twenty-two years of age; the spoons were Mary Watts 's property; the woman at the bar was with him; she confessed in my hearing, he gave her the tea-spoons.

Sarah Smith . I am servant at Mrs. Watts's; I went last to bed over night, and left all fast; the door that opens into the yard, and kitchen-window were fast; the shutter was up, and barred; I got up first in the morning, and found the house was broke, as Mr. Taylor has described; I called him up; there were five large spoons and four tea spoons missing.

John Julian . I am a silversmith at Brentford; the girl at the bar had lived in my neighbourhood; she came to my shop with some tea-spoons to sell, she said she brought them from her sister; I knew her sister; I brought them; here are three of them, which Mr. Taylor has swore to; (produced in court.)

John Whitebread . The prisoner Davis was brought to my house; when he was brought to the Rotation Office, he said he would tell the whole truth; he said he and another lad went into a certain area between ten and eleven at night, and lay there till about one; the grandmother's birthday was then, and they were very merry, which he said made them lie longer; when all was still, they got over a place into the yard; he never said he went into the house, but the other lad went in, and gave him the things out at the window, and that the tea-spoons were sold to Mr. Julian by the woman at the bar; then I got a search-warrant, and we went to see for them; we found one spoon at the woman's sisters, and the other three at Mr. Julian's,

John Cowdery . The woman at the bar told me, two table spoons were in a stable behind a beam, where I went and found them.

George Platt . I happened to be at Shepherd's-bush, where was a merry-making, on the 10th of August; the prisoner came by with two women, Mills was one of them; a man in company, said he would go and take one of the women from him; he went, and fetched one away; then we persuaded him to go and fetch the other; the other resented it, and fell to fighting; the prisoner pulled off his clothes to fight, and some spoons fell out of his pocket; he delivered the watch into the woman's hands that is at the bar; I said, here are a great many silver things, he ought to be examined how he came by them; so after he had washed himself, I said to him, you must give an account where you had these things: he said he could send for a person where he had them in ten minutes; I went to a necessary-house; he made through a little bit of a hedge, and got into a pond of water, up to about his middle; we ran after him, and in about three fields running, I saw him throw something away; we took and brought him back to the place where I first challenged him; then he went on his knees and begged for mercy, saying he was a young man, and had been guilty of a great fault; he begged I would let him go; I said, if I do, I shall be as bad as he; he said, if I would let him go, he would let me know where he had put the watch and three spoons; I went back to where I saw him cast away something; there I found only one silver knee-buckle. I heard him own before the Justice, where and how he got the things; I gave the knee-buckle to Mr. Whitebread the constable.

Elizabeth Biddiford . I was going to Shepherd's bush with the prisoners; while we were there, we had a pot of groat beer; I paid 2 d. and the two prisoners 2 d. each; coming back, the people played the joke with us, and asked us if we would sit down; one of them pulled me down, and another went to fetch Mills back; I still continued sitting; I saw no spoons; after that, when Mills was in the Round-house, she sent for me, and desired me to take two table-spoons, and throw them away; I thought I would not throw them away, and I hid them: they were afterwards found, and then Mills owned she had given them to me; so I was taken up, and put in the Round-house next day.

William Shaw . I am a constable at Kensington; these two table-spoons I had of Mr. Cowdery; (produced in court;) he told me how he came by them.

Taylor. These spoons are my grandmother Marry Watt's, property; the prisoner Davis was a servant to my grandmother for six months, about three weeks before he committed this robbery.

Davis's defence.

I picked the things up as I was coming along in the morning in White Lion yard; I had been very much in liquor over night.

Mills's defence.

Davis asked me if I would sell these spoons; I went to Mr. Julian's and sold them; I told him they were not mine; Biddiford came after I was in the Round house, and asked me to give them her, and said she would take care of them, that they might help me while I was in prison.

For Davis.

Mr. Taylor. John Taylor , that has given evidence, is my son; the prisoner Davis was servant to me; I had a good character with him when he came. I have made it a rule, whenever a servant gets drunk to discharge him; I discharged him for getting fuddled.

Davis guilty . Death .

Mills guilty . T. 14 .

Reference Number: t17670909-64

487. (M) Charles Trafford was indicted for that he, on the 4th of August , about the hour of ten in the night, the dwelling-house of William Morgan did break and enter, and stealing one cloth coat, value 20 s. five linen shirts, value 10 s. three linen shifts, value 6 s. and a stuff petticoat, the property of the said William, in his dwelling-house . ++

(At the desire of the prisoner, the witnesses were examined apart.)

William Morgan . I am a wine merchant , and live in Stanhope-street, Clare-market . On the 4th of August, when I was going up to bed, between ten and eleven o'clock, when I got up to the landing-place, I thought I heard a man's foot; I called to my servants below, and said I believed there must be somebody in the house; upon standing there, I heard a board crack; I looked at the door, and saw no key in it, as usual; I tried to open the door, and found it locked; I looked with the candle, and found the key was not in the door; then I went into the dining-room, which opens into the other room, in that was a great arm chair; I desired the girl to stand behind me; I removed the chair, and opened the door, and saw the prisoner standing at the farther and of the room, without coat, waistcoat, hat or shoes; I held the door in one hand, and the candle in the other; before he reached the door, I shut it too, but he came with such violence, that he forced one of the screws that held the lock, I put my foot to the bottom of the door; the girl ran down stairs, and called for help; the prisoner opened the sash, and I heard the window below break; then I went into the room and looked out, but saw no body; I perceived a little bundle lying in the room tied up; I ran down stairs, to see if he was in the back yard; we searched there, and the kitchen, but could not find him; we searched all the house over; then we went to the necessary house; upon the door being pulled, he burst out; I perceived his shirt bloody; I received a blow over my hand; I had a poker in my hand, with which I made a defence; we soon laid hold of him, and secured him.

Q. Did you know him before?

Morgan. No, I never saw him before that time to my knowledge; in the bundle were the things mentioned in the indictment, (mentioning them;) the coat was taken out of the garret, and the other things taken out of a foul clothes bag, and the petticoat from our lodging room; it appeared he came in at the garret window.

Martha Morgan . I shut that window betwixt seven and eight o'clock, there is no fastening to it but a button; the prisoner might be concealed in the house before six; the street door was open in the evening, but not late.

Prisoner's defence.

I am a carpenter , I worked for Mr. Bailey; I was at work at the Red Lion in Newgate market; my master ordered me, when I left work, to go and do business in Piccadilly; coming home through that street, I observed there was a crowd of people, I asked what was the matter; the people said they did not know; I saw people going into the house, I went in; the gentleman took hold of me, and said, I believe you are the person that was in my house; he up with a poker, and wanted to kill me; he took me before Sir John Fielding ; Sir John asked him, if he could swear to me; h e said no; he said he found a pair of shoes, and I having my buckles in my pocket, he said the shoes must be mine.

Morgan. There was a pair of shoes tied up in the bundle, and he had no shoes on; he had a pair of plated buckles in his pocket.

Guilty of felony only . T .

Reference Number: t17670909-65

488. (M.) William Stringer was indicted for stealing three silver table-spoons, value 20 s. a silver

salt-seller, value 3 s. and a silver pepper box, value 1 s. the property of William Malden , Aug. 2 . ++

William Malden . I am a back-maker , and live at the Horse-ferry in Westminster ; the prisoner worked for me; the things mentioned in the indictment were taken out of my parlour; the prisoner was stopped with them; I asked him how he came to take them; he said he came over the ditch, and in at the kitchen door, and found the key over the parlour door, and he went in, and took the things out of the beauset; (produced and deposed to.)

The prisoner said nothing in his defence, but called Mr. Dilley, John Finney , Robert Campbell , and John Stringer , his brother, who gave him a good character.

Guilty T .

Reference Number: t17670909-66

489. (M) Catharine Smith , otherwise Morris , was indicted for stealing two guineas, the property of William Lay , privately from his person , Aug. 9 . ++

William Lay . I am a journeyman bricklayer ; I belong to a club where we put in 2 s. a week, and at twenty-one weeks we draw, to see who shall have the money first; there were twenty-one of us; I got it; I received two guineas in gold; then I went to receive my wages, it being Saturday night; I had word, by the landlord of the house, I should come on the Sunday morning for my wages; coming down Rosemary-lane, I knocked at an alehouse door, to see if I could get a dram; this was on the 9th of August, past one at night, I could not get in; the prisoner stopped me, and said halloo, where are you going; I said, I am going home; she said if I would go backwards, she could get some liquor; I went with her into a back alley, the alley I do not know; I gave her 3 d. another woman came in, and took the money from her; at first she said she would be 2 d. to my penny; I said I did not desire that; the other woman went out, in order to get some liquor; then in less than three minutes time, I found the prisoner's hand in my pocket; I did not happen to get hold of her hand; I missed my money, two guineas in gold; she ran away; as soon as I could get out of the alley, I went directly to the watch-house, and told them I had been robbed of two guineas; the officer sent a watchman with me to the place; there was a candle alight, but no person to be found; it was in a lower apartment in a house: in the day we went to make a search after her, but could not find her; on the Monday we found her, and took her before a magistrate.

Q. Did you get your money again?

Lay. No, not a farthing of it.

Q. Was you disguised in liquor at the club?

Lay. No, I was not, I had no thoughts of being concerned with the woman; I have an honest wife, by whom I have had thirteen children; I think I have no occasion for a whore.

Q. Were your halfpence and gold in one pocket?

Lay. No, my halfpence were in my right-hand waistcoat pocket, and my gold in my left-hand breeches pocket; I heard her own to the watchman that carried her to New Prison, that the woman that went for the liquor had one guinea, and she the other; and if she did not help to maintain her in prison, she would inform against her and a good many more; she told the watchman he and part of many a crown got by picking of pockets, and what business had he to take her.

Prisoner's defence.

This is all false, he took up another woman that he was with before.

Prosecutor. There were several women brought into the watch-house that night, and I said I could not swear to any of them; I was with no other woman but the prisoner.

Guilty of stealing, but not privately from his person . T .

Reference Number: t17670909-67

490. (M.) James Woodman was indicted for the wilful murder of Elizabeth Ayres , an infant about two years and a half old ; he stood charged on the coroner's inquest for slaying the said infant, Sept. 1 . ++

Susanna Tyler . I live in the Long row in Coverley's Fields. On the 1st of this instant September, between three and four in the afternoon, I accidentally happened to stop at the bottom of King Edward's-street , I saw the deceased child lying on its left side; the first horse of the three belonging to a cart, in which was a man, had passed the child; it was upon a naked piece of ground near a building; I am not sure whether it was called a foot way or not; they were walking along sober; I called out to the driver.

Q. At what distance was you?

S. Tyler. I was, I suppose, twenty or thirty yards from the child; I am no great judge of measurement; I screamed out; I cannot be positive what I said; I saw the wheel go over the child's head.

Q. Was there any body driving the cart?

S. Tyler. I saw none but the man in the cart.

Q. Whereabouts in the cart was he?

S. Tyler. He was towards the head of the cart; his back was towards me, and his face towards the horses; he was standing; I was greatly

frighted, and went home and saw no more of it; I do not know who the driver was; there was a turning; I stood between the turning and the child; the cart came out from a parcel of buildings, about five yards from where I stood.

Anne Watson . I was talking to Mrs. Tyler at the time the horses passed; presently I heard a man call, stop the cart-the child; at that instant I saw the wheel go over the child's head.

Q. Was there time after that to stop the cart?

A. Watson. No, it was all done in an instant; I went to see the child; a woman took it up; its head fell down; it was killed on the spot; that man that called out was farther off than we were.

Elizabeth Bloom . I was standing at my own door at the time, about four houses from the child; I saw the child lie under the second horse, and the wheel go over its head; I heard somebody call woh, but do not know who it was; I screamed out myself; then the wheel was just at the child's head; the driver, when he was about two houses beyond the child, turned round and wrung his hands, and seemed very sorry.

Q. Was the cart coming nearer or farther from you.

E. Bloom. He was coming nearer to me, he was standing upright in the fore part of the cart.

Edward Hayes . I am a sawyer; I was sitting upon some timber about twenty yards from the child; I saw the cart coming along, and the child coming from the opposite corner towards me; the man endeavoured to turn his horses to the right, to shun a hole; the child passed the first horse, the second knocked it down with his knee, by the wheel pitching in the hole, and the near wheel went over its head; I had not power nor time to alarm the prisoner; he went away with his cart about 50 yards.

Q. Did he mend his pace?

Haynes. His pace was rather mending; I am not quite clear whether the horses were in a trot; I called to him, he did not stop; I ran after, and stopped the horses, and desired him to get down, and asked him if he knew what he had done; he made me no answer; the child might have been saved, had not the second horse been out of the way.

Q. Had he a whip?

Haynes. No, not as I saw; he was delivered into the constable's custody, and I went to my work.

Q. Suppose the prisoner had been on the side of the horses as he ought to have been, could he not have stopped the horses?

Haynes. Yes, and have saved the child's life.

Charles New . I am a weaver; I was at work that day, between three and four in the afternoon' in a two pair of stairs room; I heard a noise by women; I looked through my casement, I saw a cart advancing within seven yards of my window, by the second horse lay a child; the driver was standing in the cart, with his hand on the fore-part of the cart; I called out, stop your cart, stop your cart; he stood in the center of his cart, with his face right over the shafts; I thought it was my own child; I saw the wheel go over the child's jaw; immediately I saw a large quantity of blood; I ran down stairs as quick as I could; I saw the cart advancing forward, in my opinion a very great pace; I ran, and called, stop that cart, till I get up to it; then the driver was out of the cart; he had his whip then in his left hand; I got hold of his collar, and said, you villain, you have killed my child, surrender yourself; he said, pray let me drive my team home, then do what you will; I said, you shall not go; I called to the headborough; he came and took charge of him; he was taken to the Halifax Arms; in about two minutes after, a man came in, and said the child was stone dead.

Q. Was it a male or a female child?

New. It was a female child; the prisoner wrung his hands, and said, how shall I face that infant in another world; if my life would pay for it, I would freely give it; it was a neighbour's child.

Michael Allcock . After the cart passed, I saw the child in a woman's hands; the blood spouted out at the right ear; I turned about, and saw the cart going on; I hallooed to the driver, he did not stop; he was got about sixteen or twenty yards on; I set up a run to stop the cart; the prisoner stooped down, and took up a parcel of bricks in the cart, and threw them at the horses; the horses went on as fast as they could; when we stopped his cart, he begged he might drive it home; I said he must not; then he begged somebody else might.

The prisoner said nothing in his defence.

To his character.

Mr. Monk. I am clerk to Mr. Scott, the brick-maker; I have known the prisoner seven or eight years, he works in the brick-fields ; I did not know that he was driving the cart that day; he is a very sober honest young lad; he has worked for Mr. Scott about four or five seasons; he is a very humane lad.

Mr. Fairfax I keep a public house facing the London Hospital; I believe I have known the prisoner about 12 or 14 years; he used my house all the time he worked with Mr. Scott, he always behaved honestly; he lived with me between five

and six months about a year ago; I had five small children of my own, he always behaved well to them; I never knew that he ever drove a cart before; he was not employed to drive that cart that day.

Guilty of manslaughter . B .

Reference Number: t17670909-68

491. (M.) Michael Doyle , otherwise Heyden , was indicted for stealing a cloth coat, and a cloth waistcoat, the property of Samuel Jones ; and a cloth coat, value 21 s. and a cloth waistcoat, value 1 l. the property of Thomas Griffiths , Aug. 13 . ++

Thomas Griffiths . I am a linendraper in Bridge-street, Westminster . On Thursday the 13th of August, in the evening, I was in Union-street, on the back of Bridge-street; my house goes through to both streets; I heard the cry, stop thief; I saw the prisoner come running; he looked behind him; I saw no body running with him; I jumped cross the kennel, and took hold of him, and asked him what he had done; he said he was going to arrest his master, and the mob was going to kill him; there came some people, who said they were glad I had got him, for he had robbed me. Mr. Smith the constable came; I desired he would hold him till I went to see what I had lost, and I would come again; he was committed by Justice Miller; I went to see what I had lost; I found this bundle tied up behind the garret-door, a coat and waistcoat of mine, and a coat and waistcoat of my son in law's; mine were removed from a two pair of stairs room; there were several other things put together, but I do not lay them to his charge; when we were before the Justice, I found he had but just received his Majesty's pardon.

Jane Ironmonger . I am servant to Mr. Griffiths. On the 13th of August, I was going up stairs, between seven and eight in the evening, to sweep them, I thought I heard a foot going before me; when I was upon the dining-room stairs, I took it to be the girl that belongs to the house; I called several times, and received no answer; I put the oil cloth into the dining-room; after that, I heard a foot go up again; I called again, but no answer; I heard as if it was the rushing of some person going before me; then I ran up stairs within four steps of my own room; I saw my room-door shut too softly, and saw somebody move; I went into the next room to a young man that lay not well; I asked him if he heard Patty go up stairs; he said the cat was there, and desired I would go and turn her down stairs; then I went into my room, and called, but received no answer; I said if she was got under the bed, I would go and fetch her out; (this was upon the dusk of the evening:) I went into the room joining my room, beyond mine, and looked down upon the floor, and there I saw both the legs of a man, out from under the bed; I observed he had brown clothes on; I stood still two or three minutes, and thought it was somebody get into the house, to conceal himself in order to rob the house: I went out of the room, and said to John, my God, John, somebody is got into the house, and under the bed, with intent to rob the house; I ran down and rang the bell; when I got to the bottom, I called the nurse to run and fetch somebody for a rogue was in the house, and got under a bed; I never quitted the stairs till the person came down; I heard him from the two pair of stairs come padding down; when he came to the bottom, he made an attempt to go out at the street-door directly; I went up to him, and asked him who he wanted; he, in a great agitation, said he wanted one Captain Johnson.

Q. Whereabouts was he when you spoke to him?

J. Ironmonger. He was at the bottom of the stairs; I told him, there was no Captain Johnson lodged in the house, and said, who let you in, you villain, you want to rob the house; he turned round, and ran out as fast as he could, and shut the door too after him; I thought he kept the door fast that I should not come after him; I ran out at the other door, and called stop thief; I saw him running down the street; (it was the prisoner at the bar;) my master came in, and went up and found the bundle.

Q. Are you sure the prisoner is the person you saw in the garret?

J. Ironmonger. I am sure he is; I did not see his face, but I knew him by his clothes; there was no other person running in the street but him till I began to halloo out, stop thief; I insisted upon his not being discharged before Mr. Miller.

Q. Had you told Mr. Miller that a bundle was found?

J. Ironmonger. I believe I did.

John Boulton . On the 13th of August I had been out; returning home, a friend with me went into the prosecutor's house to buy some things; I staid without; I had been there but a short time, before I saw a person shoot out of the prosecutor's house; I heard the alarm, stop thief; I saw the prisoner running; he had brown clothes on, with a red collar; I pursued directly, and called, stop thief; he got into the carriage-way,

I did not lose sight of him till he was taken; after he was secured, I went back to find my friend in the prosecutor's shop.

Q. Did you see any body else run out of the prosecutor's house beside the prisoner?

Boulton. No, I did not.

William Smith . I am constable. On the 13th of August I was sitting in the coffee-room at Guildhall, Westminster, I heard an outcry; I saw the prisoner running, and two people laid hold of him instantly; I came up to him; I heard him say, he was going to arrest his master, and was afraid of being beat, was the cause of his running; he threatened Mr. Griffiths and me too, if we held him; I asked him going along if he had any friends; he said he had no body, he was just come from on board a ship; we took him to Justice Miller's house, he was not at home; then we took him to a public-house, and when we came to the Justice's again, he said his name was Henry Heydon , and that he had lived at Gibson's at Turnham-green, and other places in the city; we sent for people which he mentioned, but none came; at last a woman came, that I suppose to be his mother.

Prisoner's defence.

I was some time ago servant to one Benjamin Johnson ; he owed me 45 l. I was informed of his being in town, and that he lodged in Bridge-street; I went there to enquire for him on the 13th of August; I asked several people; at last I went into a public-house, and asked a person there; he directed me over to the prosecutor's house; there was a young woman standing at the door; I asked her if one Captain Johnson was there; she said, no; I then asked her if she knew where he lodged; she said, no; in the mean time a person rushed out of the house, and ran by me, and shut the door after him; the mob arose, and I ran to see; then they said I was the person, or one of his accomplices; they took me in custody, and carried me before Mr. Miller; he examined me, and sent me to the Gatehouse on suspicion; there I remained four days, and after nothing came against me, I was bailed out; when Mr. Smith was informed of that, he having seven guineas of mine, which were taken out of my pocket, I went to make interest for that; he got me advertised in the public papers, two guineas reward for taking a person fled from justice; I went to the constable's house, and surrendered myself, and desired to know if any thing was against me; I told him, I insisted upon going before Sir John Fielding , that I might have my money; I went before Sir John, and was committed to Newgate before I knew where I was.

Smith. I searched the prisoner, and took seven guineas; a 5 s. 3 d. and 2 s. 6 d. out of his pocket, and was ordered to keep it; when the prosecutor had been at Mr. Miller's, and given an account he had found a bundle of clothes done up by the prisoner; Mr. Miller desired me to go to the Gatehouse, and give the prisoner his money, but I said I would keep it till he was farther examined.

For the prisoner.

Eleanor Wheeler . I was Justice Miller's servant; I saw the prisoner about ten minutes before he was taken; there was a poor woman playing on music near my master's door, and he gave the poor woman a penny; the woman had two children; this was near Mr. Miller's.

Q. How far is Mr. Miller's from Mr. Griffith's house?

E. Wheeler. It is a good considerable way distance; he lives in the Broad Sanctuary near the chapel.

Q. How was he dressed?

E. Wheeler. He was dressed in a brown suit of clothes, turned up with red.

Q. How came you to remark him so particularly?

E. Wheeler. Because he gave the poor woman a penny; the Sunday after, I had some conversation with Mr. Griffith's maid; she told me she never saw him till she saw him at the door; she said there were two fellows rushed out, and she could not swear she saw him in the house.

Q. Have you any connections with this man at the bar?

E. Wheeler. No; I never saw him in my life, till I saw him give the woman a penny at the door; the maid said her master insisted upon her swearing to this man.

Prosecutor. I never did, upon my oath.

Q. to Ironmonger. Had you this conversation with this evidence Wheeler?

J. Ironmonger. I never set my eyes on her before I saw her attending about the court, to my knowledge.

Q. to Smith. Did you see Wheeler when you had the prisoner in custody?

Smith. I believe I saw her at Justice Miller's, interceding for the prisoner.

Q. to Wheeler. Have you been with the prisoner since he was at your master's?

E. Wheeler. I never saw him since he was brought there till now.

Q. Have you had no message from him?

E. Wheeler. No, I have not, I know nothing of him, nor any body that belongs to him; I mentioned this to the constable, and the prisoner's friends heard me speak it, and they insisted on my coming here to speak the truth.

Q. to Ironmonger. Did you ever say you never saw the prisoner till you saw him at the door?

J. Ironmonger. No, I never did: I never saw that evidence till I saw her attending about the court; she has not opened her lips to me, but looked and leered at me very often.

Q. Did you ever say there were two people rushed out of the house?

J. Ironmonger. No, I never did.

Q. Did your master ever press you to speak more than you could, concerning the man at the bar?

J. Ironmonger. No, he never did.

Prosecutor. I never pressed her to swear; I never asked her a word about it till we were before Sir John Fielding ; the prisoner's mother lives somewhere towards St. Giles's; she has applied to me several times not to hurt him; I was so far from pressing my servant to swear, that I sincerely wished he would have ran away, that I might never see him more.

Guilty . T .

See him tried, No 44, in this Mayoralty; and see him in the trial of Mallet and Hull, No 273, 274. He was cast at Hickes's-Hall for transportation in June Sessions, and had but a few days received his Majesty's most gracious pardon.

Reference Number: t17670909-69

494. (L.) Joseph Payne was indicted for feloniously and carnally knowing and abusing Mary Brand , spinster , an infant under the age of ten years , Aug. 6 . ++

Hannah Burch . I live by the Seven-dials, but I was at my brother's house, named Richard Brand , in Somerset-street, by Whitechapel ; his wife was ill; he was upon letting the house; they lived in a public-house; he is a barber, the prisoner is his apprentice ; the house is opposite that public-house. On the 6th of August the prisoner was ordered to carry drawers and things over to that house; I sent the child Anne Brand over to that house, to Mary her sister, to know the reason of her staying: Anne is near eleven years of age; the day after, she told me her sister Mary was ill: an acquaintance of mine called to see me the day after; when we were at tea, she said to Anne, how do you do, when will you go into the country; Anne said, something ails my sister, she is very bad; upon that, I took Mary, and examined her; I was very much frighted, her parts were very much hurt; this was on the eighth.

Q. How old is Mary Brand ?

H. Burch. She is eight years of age; a surgeon examined her on Tuesday the 11th; I told my brother of it the day I examined her; we took the prisoner before my Lord-Mayor; the child was asked why she could let the boy serve her so, and not cry out; she said she did cry out, and he stopped her mouth, and said, if ever she told of it, he would whip her till the blood run at her heels; this was on the 10th; the prisoner was by at the time, he denied it.

Q. How did the parts appear when you examined her?

H. Burch. They appeared swelled, and to be torn; there was a great running; I observed it very much on her linen.

Q. Did you see any blood?

H. Burch. No, I did not, she kept it from me, she said because the prisoner had promised to give her some halfpence to buy some doll's clothes.

Richard Brand . I am father to the child; I first heard of this on Saturday the 8th, from my sister; I did not examine the child then; the child and I lay together that night; I examined her in the morning very closely; I found her linen and the sheet in a very bad condition; I looked upon it that somebody had been concerned with the child; I spoke to her in a very soft mild manner; I said, child, somebody has been doing you an injury, do not be frighted, tell me the truth, and you may depend upon it I shall not do you any harm; she said the prisoner threw her down upon the bed, and said, Polly, my dear, if you will let me put my d - le into your c - y, I will give you all the money I can get to buy you some cherries; she said he lay upon her a considerable time, and hurt her very much, and she tried to cry out, but he stopped her mouth with both his hands, so that she could hardly fetch her breath, and afterwards if she told, he threatened he would whip her till the blood ran down her heels. On the Monday the surgeon was going by the door, I called him in, and told him the child said she had been injured by my apprentice; he examined her, and he is here to give the court an account of what he observed. I took the prisoner up, and took him before my Lord-Mayor, and they were separately examined.

Anne Brand . I believe I am between ten and eleven years old.

Richard Brand . She is eleven years old.

Q. to A. Brand. Do you know it is a bad thing if you do not tell the truth?

A. Brand. I know it is a very bad thing, I will tell the truth.

She is Sworn.

Court. Now you have promised to tell the truth.

A. Brand. My sister is Mary Brand , she is eight years old; my aunt sent me over to the other house on a Thursday about eleven o'clock, to see what Joe was about, as he staid very long; I went over, and peeped through the crack in the garret, the door was shut.

Q. Was it locked?

A. Brand. No, I pushed, and it opened a little, just to see through the crack; I saw the sweep of my sister's petticoat upon a chair, and I saw something white like his shirt, I thought I saw the fore-part of it as I went into the room; he was standing up with his back towards me; my sister took up a box with some things in it, and he snatched it out of her hand; I said to my sister, why did you not send Joe down; he snuggled down stairs as fast as ever he could.

Q. Had he his clothes on when you went first into the room?

A. Brand. He had; the next day we had half a holiday; I said to my sister, let us go up into the garret to play; we did; she wanted to make water; she said, I cannot make water; I said, what is the matter; I looked, and saw her private parts were all like a yellow ribbon; I said to her, you cannot think what a deal of nasty stuff there is; said she, never mind it; I told my aunt of it the next day.

Thomas Brand . I am seventeen years of age; I am a cousin; I lived at the public-house; the prisoner was taken up, and before my Lord-Mayor he said I was in the room all the time, but I was not, I was in the public-house.

*** The last Part of these Proceedings will be Published in a few Days.

Reference Number: t17670909-69

THE WHOLE PROCEEDINGS ON THE KING's COMMISSIONS of the PEACE, OYER and TERMINER, and GOAL DELIVERY FOR THE CITY of LONDON; And also the GOAL DELIVERY FOR THE COUNTY of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 9th, Thursday the 10th, Friday the 11th, Saturday the 12th, Monday the 14th, Tuesday the 15th, and Wednesday the 16th, of SEPTEMBER,

In the Seventh Year of His MAJESTY's Reign. Being the Seventh SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE SIR ROBERT KITE , KNT. LORD-MAYOR of the CITY of LONDON.

NUMBER VII. PART IV.

LONDON,

Printed for J. WILKIE, at the Bible, in St. Paul's Church-Yard.

[Price Six-Pence.]

THE WHOLE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of LONDON, &c.

Continuation of the Trial of Joseph Payne .

William Toleman .

I Am a surgeon; I examined the child on Monday the 10th of August, as near as I can recollect between three and four in the afternoon; I found her much lacerated and torn; she was in a very deplorable condition, and could hardly stir about without crying out; it appeared to me beyond a doubt she had been injured, but I could not determine by who.

Q. How injured?

Toleman. I believe she had been penetrated, and carnally known; I examined her as strictly as possible in the presence of her aunt; I have reason to believe there was some venereal taint.

Q. From what do you form your judgment?

Toleman. We judge from the discharge frequently; I believe it certainly was so; I treated it as venereal; the child has been under a slight course of salivation for ten days.

Q. Was the prisoner examined as to that?

Toleman. He was, after he was at the Poultry Compter; I myself examined him; he had a little of it, but I have reason, from some circumstances, to believe he had been so lately, and was so at the time of the injury given.

Q. How long after the time he was taken up was it you examined him?

Toleman. I believe it was six or eight days after he had been before my Lord-Mayor.

Q. By what circumstances do you judge?

Toleman. There was a number of ugly livid blotches about him, many upon his legs, some on his arms, and upon different parts of his body.

Q. What other circumstance?

Toleman. I not only was convinced by this, but it appeared there had been a running a few days before from what I saw, because the inflammation had not already subsided from the corrosive discharge.

Q. Can you venture to say, from these appearances, with certainty, that this lad had had the venereal taint?

Toleman. I think I can venture to affirm it for a certainty; and, in my judgment, I do believe the child had been penetrated.

The child examined, but not upon oath.

Q. How old are you?

Mary Brand . I am eight years old.

Q. How came you so ill, who hurt you?

M. Brand. Joe did.

Q. Where was it he hurt you?

M. Brand. My b - y.

Q. In what room?

M. Brand. In the garret.

Q. How did he hurt you?

M. Brand. He put his d - le into my b - y.

Q. How came you to let him do so?

M. Brand. He said he would give me some money and some cherries.

Q. Who was in the room at the time?

M. Brand. There was no body but him; I was put down on the bed.

Q. How came you not to tell of it?

M. Brand. He said he would whip me if I did.

Q. Did you tell any body of it?

M. Brand. I told my sister of it.

Q. Was any thing the matter with you?

M. Brand. Yes, a running, Sir.

Q. When did you first find it out that you was ill?

M. Brand. When I made water.

Q. How soon was that after you was hurt?

M. Brand. I believe it was the next day.

Q. Had Joe ever moddled with you so before?

M. Brand. No.

Q. How came you not to cry out?

M. Brand. He stopped my mouth with his hand.

Q. Did any body else hurt you but Joe?

M. Brand. No, Sir.

Prisoner's defence.

I protest I never had the venereal disease in my life, these blotches were occasioned by the itch.

Q. to Toleman. Could the blotches be the effect of the itch?

Toleman. The blotches occasioned by the itch are not like these, there is a material difference.

Q. Could that of a running have happened in consequence of so recent an injury given but the day before?

Toleman. The discharge of a recent injury, is very different in colour from that of a longer time; the shift was as if it had been dipped in something of the buckram kind; I have seen some others very bad, but I never saw any so lacerated as this child.

Prisoner. I am innocent as the child unborn; the father has instilled these notions into the child's head; he stood behind her, before my Lord-Mayor, and told her what to say: there are other lads that resort there besides me; the mother of the child packed up the bed; I took and carried it over, and threw it down in the shop; my master came over, and desired me to make haste; the child was not there when I carried it up.

Guilty . Death .

Reference Number: t17670909-70

495. (L.) Sarah Hinks was indicted for stealing a silver watch, value 21 s. the property of William Avis , Aug. 24 . ++

William Avis . I live at Ingrave, near Brentwood, Essex. This day three weeks I was at the Half-moon tavern, Aldersgate-street , between two and three o'clock; I had a young woman with me, that I met with at the upper end of Petticoat-lane; I never saw her before; I called for a pint of beer; she asked me whether I would tip her a shilling; I told her I would have nothing to say to her; then she asked me to give her a pint of wine; after drinking a glass, she fell to kissing and hugging me pretty much; then she said she wanted to go out; she went out, and I never saw her for a week after; I sat a while after she was gone, thinking about my business; then I went to feel for my watch, and I had lost it; then I went to the house where I first found her, and left word, if she would come to me, and let me know where my watch was, I would not meddle or make with her; she would not do that; I after that found out where she lived, and sent some of Justice Fielding's men to take her; then she offered to let me have another watch; I would not take that; I never got my watch again.

Q. How do you know she had your watch?

Avis. I had it twice in my hand when I was with her, and no body else was in company with me but she.

Prisoner's defence.

I do not know any thing about the man's watch; he came into a house where were a good many girls; he asked me to drink, and was so troublesome, I took up his pint and drank; he called for another pint; he said he was going as far as Smithfield, I said so am I; we went in at a tavern in Aldersgate-street, we had some wine; he pulled and hauled me about, I could not stay with him.

Guilty . T .

Reference Number: t17670909-71

496. (L.) Jonathan Park was indicted for stealing two guineas , the money of John Graham , June 26 . ++

John Graham . I drive the Halifax waggon , belonging to William Beal ; I went to bed at the inn, the White Bear, Basinghall-street , on the 25th of June, about eleven at night; the prisoner went to bed at the time, he is the boot-catcher there; there are two beds in the room; he lay in the other bed, I believe he was in bed ten minutes before me; he saw me undress myself; when I had my breeches in my hand, I pulled out my purse; I had nothing but three guineas in gold, and 7 s. in silver in it; I put it in my breeches again, and buttoned it, and put it under my pillow, and went to bed; I believe I was asleep in two minutes; I left the candle blazing by his bed side; I awaked about four, and saw he was out of bed; my breeches were removed from under my bolster and pillow, and I found my purse not in the situation I had put it; I had tied it in a knot, and doubled it up, but I found it not so; I jumped out of bed directly, and found there was nothing in the purse; I ran down stairs after I had got my clothes on, there was the prisoner standing by the gate; I said, d - n thee, what hast thon been doing; he said, what is the matter; I said, thou knowest what the matter is; I told him what I missed, and said he must have taken it; he said he had a person bound in a bond of 200 l. for his honesty; I told the master of the inn that I went to bed with that man, and all my silver and gold was gone out of my pocket, and I

have a great suspicion of him; he asked how much I had lost; I said between 3 and 4 l. he said, hold your tongue, and I'll come down; he came down, and said to the prisoner, what business had you in that room, have I not discharged him from lying in that room; said the prisoner, I wish I had laid on the dunghill, or any where; then he said to me, I have two guineas, if they are thine, thou shat have them; he opened his box; the landlord said, thou fool, if thou hast the two guineas, thou woust not lay them there; then he said, waggoner, be not afraid, here is a man bound in a bond for 200 l. for his honesty; then he went out into the city, and came back again; and said nothing to me, nor I to him; then I went to him, and said, Mr. Collier, is there nothing to be done; he said, h old your tongue, they will be here presently; still nothing was done; then I began to be angry; I said it is very hard money should be gone out of my pocket, and no account of it; then he said, waggoner, come here; he took me into a room among some gentlemen, and examined me; I told him what I had spent upon the road; then he attempted to cast up my account; they sent me out of the room, and called in the prisoner, and examined him; in about an hour they called me in again, they were drinking punch; they said, come, waggoner, drink; they asked me again, what I had taken and spent; I told them over again; then the landlord said, gentlemen, I will make it appear this man has lost nothing at all, he is a d - d scoundrel and a villain; he said to me, I will send Justice Fielding's servants for you before you go out of my yard; he put the prisoner to hold the door; there they kept me two hours, till my horses came into the waggon; then he swore to me, I'll knock your head off, thou art a villain; a gentleman said, hold your tongue, Collier; then he said again, gentlemen, I will make it apparently appear this man has lost not a farthing.

Prisoner's defence.

I never saw no money that he had.

He called Henry Collier , who said, according to the account the prosecutor had first given of his expences, and what money he received, he could not have lost any thing; be, Mr. Colfield, Mr. Wade, Mr. Fielding, Mrs. Ezard, and Mr. Meeking, all gave the prisoner the character of an honest man.

Acquitted .

Reference Number: t17670909-72

497. (L.) Anne Walker was indicted for stealing four cheeses, weight forty pounds , the property of Samuel Briscal and Thomas Manly , Sept. 6 . ++

Samuel Briscal . I am a cheesemonger , in partnership with Thomas Manly ; the prisoner came last Sunday night to wash at my house; when the maid went to bed, the prisoner desired to sit up, to get things in proper order; I was called up between twelve and one by the constable of the night; I found the street-door open, and the prisoner and four cheeses upon the steps, and the constable and a watchman by her; I knew the cheeses to be our property by a mark on them; they were taken out of the cellar, where the prisoner must have gone to fetch the washing-tub.

James Morris . I live in Coleman street. Last Sunday was se'nnight at night, I, my wife and family were in bed; the prisoner came and knocked at my door, and called (I knew her voice;) she said she had something for me; (this was pretty near twelve;) I said, what it is a cheese, said she; I fell asleep, and took no more notice of it; she came again, and called Mrs. Morris; I said, what do you want; said she, I want your wife; my wife got up, and opened the door; the prisoner brought in two cheeses; my wife said, Lord bless me, how came you by these! I got a light; the prisoner was gone out; a little time after she came again with two other cheeses; I demanded to know of her where she had them; she said, indeed I came honestly by them, Mr. Williams gave them me, and desired me to say nothing; Williams is a porter at the prosecutor's shop; I said, I will see him; she took up three of them; I overtook her at the end of the alley, and gave her the other; she dropped one of them; I took it up, and gave it her; she went and crossed to Mr. Briscal's shop; the watchman was near, he saw her strive to unlock Mr. Briscal's door; then the constable and I went over to her; we knocked Mr. Briscal's maid up; after that he came down, and she was sent to the Compter.

Prisoner's defence.

I was a little in liquor, and never did the like before; I am very sorry for it.

Guilty . T .

Reference Number: t17670909-73

498. (L.) William Territt was indicted, for that he, on the 21st of January , about the hour of one in the night, the dwelling-house of John Clark did break and enter, and stealing four gold watches, value 40 l. three silver watches, with metal and fish skin cases, value 15 l. 15 s. sixteen other watches made of silver; seven other watches, the outside metal, value 15 l. six silver watch-cases, value 30 s. one 36 s. piece, one 27 s. piece, and a guinea, the property of John Scott , in the said dwelling house of John Clark . ++

John Scott . I am a watchmaker , and live in Gracechurch-street; my shop is part of the dwelling

house of John Clark ; it is on the ground floor, taken out of his dwelling house, divided by a partition cross the shop; it is quite separate from the house; they have no communication with my shop, or I with theirs: on the 22d of January I came to my shop, and found the door broke open, and I found a cupboard and desk broke also; on examining I found the box of watches, containing about thirty new, silver, plate, and money, to the full value of 100 l. all gone; I made application to my Lord-Mayor and Sir John Fielding ; and after the necessary advertisements and hand-bills, which were repeated upwards of a month, nothing led to a discovery till the 24th of April; then a person in court came and told me, he suspected there were some of my watches altering and defacing, in order to be disposed of; I got a search-warrant, and searched Josiah Burroughs 's apartment; there was nothing tending to a discovery, till we happened to light of this little memorandum-book, (producing one;) here is an account of eleven watches, to four of which stands the names and numbers of those which I lost; we took the man before Sir John Fielding ; he refused to give an account of his employer; we did not take the prisoner till about a fortnight ago; then, before my Lord-Mayor, he said the watches were his own.

Henry Buckley . I am a watch-gilder. On the 24th of April, Mr. Burroughs came to my house, with the name, plate, and silver middle, in Bridge-water-square, which had a fresh name put on them; I said to Mr. Burroughs, it is my opinion this is one of Mr. Scott's; (he brought them to regild;) no, said he, I believe that marked with the letter B, was Mr. Scott's; (that I never saw;) I said, it is a pity Mr. Scott should labour under what he does, he is spoke very ill of, as though he had not been robbed at all; I said, if it would not affect you, I would let him know; he said no, it would not affect him, for I have nothing but what I work for of him; he said, what harm can there be in it, for I save all the original names and numbers they now stand in; then I let Mr. Scott know of it.

Q. How many watches did he then speak of?

Buckley. He meant as many as had come into his hands; this was spoke in my shop before my apprentices.

Josiah Burroughs . I am a watch-finisher; the prisoner at the bar brought me eleven watches to clean, this was about February and March; I was to alter them, and take out the names and numbers.

Q. What is the prisoner?

Burroughs. He is a watch-engraver ; I took the names and numbers out, and delivered them to him again; he had them engraved afresh; I have the account of what the names were; I put them down in this memorandum-book here produced; he came for them again to have fresh names and numbers put on them; then he brought them again, and I got them gilt, and some I know he got gilt by another person; I got Mr. Buckley to gild some, I do not know who gilt the others; he gave me 6 d. each for doing it; I challenged him with doing one named Bradford, (aman who finished that for Mr. Scott:) I had worked upon that watch; the prisoner said that watch was his own; I knew the watch, but I did not hear of Mr. Scott having any loss till I was informed of it that morning; I said, this watch is my own finishing, it is made up by Mr. Scott in Lombard street.

Q. How long have you known the prisoner?

Burroughs. I have known him nine years; they put me to prison because I would not tell who I had them of.

Q. Why did you not tell?

Burroughs. Because people told me they could not hurt me, as I had served seven years to the trade; and if I did not tell, they could go no farther; I did not tell for about a day and a half, then I informed Mr. Scott.

Q. Is it not a common thing in the watch trade to change the name and number, in order to palm bad watches for good ones?

Burroughs. Sometimes it has been done.

Q. Is there not an Ellicot or a Graham on some that are not of much value?

Burroughs. I believe there may.

Q. Are there not thousands of watches come from Jamaica with names put upon them here?

Burroughs. There may.

Cross Examination.

Q. Did you not at first say you had them of one Jones?

Burroughs. I did, that was by the prisoner's order; he said, if I said I had them of one Jones, they would not find it out who the person was I had them of.

Francis Smith . I am a pawnbroker; I can only tell the names and numbers of some watches that the prisoner at the bar brought and pledged with me; there was a gold one, name Anthony Praty , No 1602; a ditto, Richard Hallam , No 5003; a silver one William Talmer , London, No 6408; one Peter Threlkill , London, No 2685; one Lory, Paris; and one Samuel Hornby , 4681;

the four last, I apprehend, were all silver; they were brought, one the 5th of February, another the 18th, another the 25th of March, another the 26th, and one the 8th of April, and the last the 14th of April.

(The book found at Burroughs's house produced.)

Scott. (He takes it in his hand.) Here are four, among which here is one name Matthew Hill, another Alexander Mitchelson , No 193; another John Bradford , 532; and one George Munroe , No 50, all metal ones; these are all I can swear to that are in this book; against Mitchelson is William Tomlin .

Q. to Burroughs. Can you tell when you altered the name of Mitchelson to Tomlin?

Burroughs. I had them all from the prisoner in February and March, and the beginning of April.

Note, The book contained the names and numbers of watches which he had taken out, and the other names put in on several watches.

Prisoner's defence.

I served my time to a branch in the watch business, and I had two legacies left me, which enabled me to make up watches, these were all my own property; I never gave Burroughs any watches to alter the names.

Q. to Burroughs. You hear what the prisoner says.

Burroughs. These watches in my book the prisoner brought to me, to alter the names.

Q. Is there any body here that can give any account of the prisoner bringing them to you?

Burroughs. I lived in Allen street, and when I lived at the corner of Ball yard, my landlord can make it appear he has seen the prisoner come to me several times, and my wife can prove the same.

(The wife and landlord were sent for.)

Mary Richards . My husband is not at home; Josiah Burroughs lodged at our house above twelve months.

Q. Did you ever see the prisoner come to Burroughs's apartment?

M. Richards. To the best of my knowledge, I have seen him go through my house to his room.

Q. How many times do you think?

M. Richards. I really cannot tell how many times.

Susanna Burroughs . I am wife to Josiah Burroughs ; I have known the prisoner twelve months; he has come to our room several times, to bring watches to clean and do something to.

Q. Do you know what your husband did to them?

S. Burroughs. That I do not know.

Prosecutor. We took Burroughs on Saturday the 25th of April, and he told us he had the watches of the prisoner; on the Monday following I advertised the prisoner, two guineas reward for taking him, from the 26th of April; and we have been at his house, and all places where he was supposed to be, but never could find him till September the 1st.

The prisoner called Samuel Howard , a cabinet-maker at Bethnal-green; James Andrews , on Saffron-hill; Elizabeth Nicholls , of Bunbill-row; John Woodward , a watch finisher, Noble street; Stephen Brian , a watch finisher near Temple-bar; William Earnshaw , a watch-movement maker, Aldersgate-street; William Fish , a watch-engraver in Old-street; Thomas Steed , Ironmonger-row; and John Clark , a shoemaker in Cloth fair, who all gave him a good character.

Guilty of felony only . T .

Reference Number: t17670909-74

499. (L.) William Tillet was indicted for stealing ten yards of silk ribbon, value 5 s. the property of Martin Tullett , July 27 . ++

John Taylor . I was at the Swan tavern on Fish-street-hill on the 27th of July, between nine and ten in the evening, the prisoner offered some ribbon to the cook and the bar maid to sell; I said, I doubted he stole it; he said his father was a ribbon-weaver, and he gave him a piece-of ribbon every day to sell; I took it out of his hand, and asked him what he was; he appeared by his clothes like a bricklayer's labourer; he said he was a bad-boy; I asked him who he worked for; he said, for a person in Abchurch-lane, whom I knew; I sent for him, but he was gone to bed; the maid told me, if I would go to the George in East-cheap, there were some of his servants; I went; they said he had worked there, but they had turned him away for being a bad boy; then I charged the constable with him, and sealed the ribbon up in a paper, and gave it to him; then the prisoner told me he stole it in the Borough , in Mr. Tullett's shop, opposite St. George's church ; he begged for mercy, and said he was starving; but upon searching him, there was a great or five-pence found in his pocket.

Mrs. Tullett. The prisoner very frequently came to our shop in the Borough, and asked to see some ribbons; he has bought some several times; we

shewed him two boxes, on the 27th of July in the evening; when he went away, the shop was shut up immediately, and we did not miss any thing that night; this gentleman, Mr. Taylor, came in the morning with a piece he had cut off and asked if we had any to match that; we looked, but could not find it; (the ribbon produced in court;) this ribbon and another piece were taken out of the box over night, it is our property.

Prisoner's defence.

I picked up the ribbon in the street.

Guilty . T .

Reference Number: t17670909-75

501 502. (L) Elizabeth Jones was indicted for stealing 1296 yards of worsted binding, value 4 l. the property of Joshua Warne ; and Thomas Holythorne for receiving the same, well knowing it to have been stolen , Aug. 28 . ++

Joshua Warne . I am a weaver and warehouse-man in Newgate-street ; I was informed there were goods selling cheaper than they could be made, and they were suspected to be my goods; this was the latter end of July, or the beginning of August; I was shewed the shop in West-street, near Spitalfields market, the man's name Simpson; there I saw some worsted quality binding; I bought six yards, at a halfpenny a yard; upon the corner of a shelf I saw three large rolls, about eight or nine inches over; I desired to look at them; he reached them down; I was confident they were my goods; he told me if I had come two hours sooner, I should have seen the man he bought them of, but he had bought a great many at various times of Mrs. Jones; these people appearing very open and honest, they told me they bought them at a farthing a yard, and sold them at a halfpenny, the common price is a penny; I wanted to find out the thief; I said if they would assist me, no harm should come to them; they told me, the man called himself the maker, and lived in Petticoat-lane; I enquired, and found this Simpson bore a good character; I employ a great many work people, more than I know their names; I enquired of my people, if they knew one Mrs. Jones; they said, she is an impudent creature, and lives in Grub-street; I went to Simpson's house, and his wife went with me, and we went and found Mrs. Jones; we took her to Wood-street Compter; she confessed she had taken bindings of mine, and carried them to Holythorne to sell. It appears by my books she did work for me.

George Simpson . I live in a sale-shop in Spital-fields; I bought some pieces of binding of Holythorne on a Saturday, about two months ago; I bought of him three times in all, for 18 d. a piece, and sold them again at a halfpenny a yard.

Prosecutor. They will vary half a yard; they are betwixt 35 and 36 yards in length; they are all alike in point of length.

Simpson. Here is a parcel I bought of Jones for the same price; (six rolls produced in court.)

Prosecutor. These are my property, I found these at Simpson's; after that, Simpson told me of twelve more that he bought of Holythorne, which were put to dye; Simpson went with me to Montague-close, to a dyer's, where we found them, and brought them away; (produced and deposed to.)

Simpson. Holythorne told me he was the maker of them, and he cut them out of the loom, being a poor man, to make a little money; I bought all these pieces of him.

Anne Simpson his wife confirmed the account he had given.

Elizabeth Doubtwade . I had a little business with Mr. Simpson; while I was there, Mr. Holythorne came in with a few bindings; Mr. Simpson scrupled them; he said he was the real maker, and was forced to cut them out of the loom for ready money; I bought a piece of Mr. Simpson.

Prosecutor. Holythorne declared before my Lord Mayor, he had these goods of Mrs. Jones; he said he had had but a very little profit in the selling them; that he sold them for Mrs. Jones, and kept something for his trouble; after that, I was told by the keeper of the Compter, if I would go to Mrs. Jones, she would tell me all; I went to her; she told me she had stole these goods out of my warehouse as often as she could, at four or five pieces at a time, when my men's backs were turned, and that she had a pocket for that purpose; and by Holythorne's and her account, I suppose; I have lost an hundred pieces; Holythorne owned he had sold six pieces to a chandler's shop in the Land of Promise

Jones's defence.

When they took me they found nothing upon me; when I was in the Compter, he said if I would confess the truth, he would leave me to God and the mercy of the Jury; I told him I sold sixteen pieces to Holythorne, and never saw a halfpenny piece for them.

Holythorne's defence.

About three months ago, Mrs. Jones came to me, and said she could put a shilling in my pocket; She said they were bindings for women's wear, and said they belonged to one Williams, that was arrested and in the Marshalsea prison; I knowing her many years, took them, and sold them for her; I had no more than 2 s. 8 1/2 d. for all I sold.

For Holythorne.

Elizabeth Holythorne . I am sister to the prisoner; I have known Jones a great many years; about a week before Easter, she came with several pieces of binding in her lap, and said she wanted to dispose of them for one Williams, who was in prison, starving; I think I can swear I saw nine or ten pieces; she came several times.

Jones guilty . T .

Holythorne guilty . T. 14 .

Reference Number: t17670909-76

503. (L.) John M'Crow was indicted for stealing a mahogany tea-chest, a silver table-spoon, six silver tea-spoons, and a tea strainer , the property of Elizabeth Thompson , spinster , July 11 , ++

Charles Sermon . I live in Wine-office-court, Fleet street . On the 11th of July a mahogany tea chest was stolen out of my house, which contained six silver tea-spoons, a silver strainer, and a tablespoon; I advertised them, and they were brought to me by Mrs. Kingman.

Elizabeth Kingman . The prisoner lodged in my house; coming home from market on the 11th of July, I asked him if he had any rent for me; he pulled out five tea spoons, and asked me if I would have them; I said I did not want them; then he pulled out a large spoon and strainer; I told him I did not want them; then he asked me if I would have a large mahogany tea chest; he opened it, and shewed it me; I said I did not want it; he desired I would let it stand at my house a few days; I said, no, it should not; he desired me to take the large spoon and strainer till he brought me my rent; I took them and brought them home, and shewed them to Mr. Kingman; he told me to keep them till they were advertised, suspecting they were stolen; when I found they were advertised, I carried them to the gentleman's house.

Elizabeth Thompson . Here are three letters upon the spoon and tongs, (holding them in her hand) they are my property; they were in the tea-chest with the other small spoons.

Prisoner's defence.

If I had known these things to have been stolen, I would not have exposed them to Mrs. Kingman; the man that owned them sat in the tap-room, and she would not go to look at him; I told her, I had them of a tenant that wanted to dispose of them.

E. Kingman He said he had them of a captain of a ship, that had stopped them for a passenger's passage; I never knew he had a tenant.

He called Margaret Ferguson , Sarah Quin , John Perkins , and Eleanor Eagan , who said they knew no ill of him.

Guilty . T .

Reference Number: t17670909-77

504. (L.) James Cunningham was indicted for stealing a linen handkerchief, value 10 d. the property of Richard Shipley , Sept 5 .

Richard Shipley . On last Saturday I went into Smithfield, to look at a horse at the stable at the Bear; I found he was sold; then I went to see the sea lion, as painted, where it was for a show; I believe I had not stood there above two or three minutes, when a gentleman stepped up to me, and asked me if I had lost any thing; I felt in my pocket, and said I had lost my handkerchief; then he pointed to the prisoner, who was walking with three others, and said that man had taken it; he was about 30 yards from us; I was unwilling to follow him; upon which another gentleman stepped up, and offered his assistance; then we all three went; he was secured by the gentleman that offered his assistance, named Mr. Ware.

William Ware . Mr. West told the prosecutor he saw the prisoner pick his pocket; I said, if he chose to go after him, I would go and assist; we went all three, and overtook the prisoner by the hay-carts; he ran round the cart, and I ran the other way, and met him, and took him by the collar, and asked him if he had not a handkerchief that was not his own; he said he had just picked one up and delivered it to me; Mr. Shipley said it was his, and desired me to take it in my possession, which I have ever since; (produced and deposed to by prosecutor.)

Thomas West . I was standing just behind Mr. Shipley; there were the prisoner and three others; the prisoner got quite close to Mr. Shipley; I saw him put his hand into Mr. Shipley's right-hand coat pocket, and take his handkerchief out; then they all four turned back, and went towards the hay-carts; I went and told Mr. Shipley; then Mr. Ware offered to go with us; we went; they perceived us coming after them; the other three ran down towards Cow-cross; the prisoner turned to go Long-lane way, and Mr. Ware stopped him; we challenged him with the handkerchief, and he produced it.

Prisoner's defence.

I found it lying at the end of a cart.

William Mead . I have known him fourteen or fifteen years, and never heard any thing dishonest by him.

Guilty . T .

Reference Number: t17670909-78

506. (M.) George Eades was indicted for stealing four live hens, value 6 s. and one live cock, value 18 d. the property of John Pye , Sept. 18 . ++

John Pye . I am a farmer in Marybone parish . On Tuesday night last I lost four pullets and a cock, very remarkable ones; I had seen them about the yard the day before; the next morning I was informed a man was taken up with five fowls; I went and found the prisoner and fowls at the watch-house; they were my property.

John Pemberton . I am a watchman in Marybone parish; after I had called one o'clock on Wednesday morning, I got into my box the corner of Cavendish-square; I heard some talk, I sat still; as soon as the prisoner and another came to my box, I pushed out, and asked him what he had in his sack; he said he had been at his mother's, and had got his own things; (he is a soldier ;) I said, if you will not tell me what you have here, you are my prisoner, and shall go along with me; when we got to the top of the square, he said, d - n my blood, I will go no farther; the other man ran away as fast as he could; I called my brother watchman, and we got the prisoner to the watch-house, and found four hens and a cock upon him, which the prosecutor came and owned.

Prisoner's defence.

I had been to Lisson-green, to carry my foul linen to be washed; coming home much in liquor, I lay down to sleep till about one; it rained very hard, and awaked me; I got up; there was a man asked me what it was o'clock; going by some timber, there lay this sack; I took it up, and found there was something in it; I flung it cross my shoulders, and going home I was stopt in Cavendish-square.

Guilty . T .

Reference Number: t17670909-79

507, 508, 509, 510. (M.) James M'Dowel and Joseph Howard were indicted for stealing six shirts and four pair of stockings, two neckcloths, two cotton handkerchiefs, and a linen ditto, the property of Nicholas Wilmot ; a bays petticoat and a pair of stays , the property of Mary Anne Wilmot , spinster ; and Elizabeth Johnson for receiving the stays, two shirts, three pair of stockings, a pair of thread hose, and a linen handkerchief; and Sarah Nash for receiving the residue of the said goods, well knowing them to have been stolen .

Nicholas Wilmot . I am a shoemaker in Pennington-street ; last Monday night, or Tuesday morning, I was robbed of six shirts, four pair of stockings, a handkerchief; my wife can give a better account of them than I can; I went to Rosemary-lane, and told the people I had lost such things, and desired the people that brought such, might be stopped; there came a young man to me on the Wednesday, and gave me some account of the prisoners; I went to the Blakeney's Head, there were the two men at the bar, with each a handkerchief of mine about their necks; I challenged them; Howard took that off his neck, and gave it to M'Dowel; we took them to the Bench of Justices; M'Dowel said the handkerchiefs were his property.

Mary Wilmot . I am wife to Nicholas Wilmot ; the things mentioned were lost out of our shed; we found two of the handkerchiefs on the necks of the two men at the bar; four pair of stockings and two shirts I found in Sarah Nash 's lodgings.

Mary Anne Wilmot . I found my petticoat upon Sarah Nash , and my stays were found under Johnson's bed.

James Bird , an officer, produced the things found, and Thomas Spencer , another officer, produced the two handkerchiefs taken from the mens necks (deposed to by Mrs. Wilmot.)

M'Dowel's defence.

I tumbled over these things in Ratcliff-highway, and I picked them up and carried them home.

Howard's defence.

M'Dowel had given me the handkerchief not five minutes before.

Elizabeth Johnson 's defence.

M'Dowel brought them in, and desired me to wash them.

She called Richard Watts , Anne his wife, Mary Cannon , and Mary Chase , who said she was a milk-woman of good character.

M'Dowel Guilty . T .

The other three Acq .

(M.) M'Dowel and Howard were a second time indicted for stealing eighteen linen clouts, value 9 s. four children's jams, value 2 s. one child's dimmity cloak, three skirts, a petticoat, a shirt, two shifts, a pair of sheets, a pair of thread hose, two child's skirts, four caps , the property of Tho Hatcher ; and Johnson a second time, for receiving a child's skirt, value 6 d. knowing it to have been stolen , Sept. 8 . ++

Thomas Hatcher . I live in Ratcliff-highway ; this day week, between five and six, I opened the window, and found my wash-house broke open,

and the things mentioned in the indictment taken away.

Anne Curry . I deal in old clothes; I bought four shirts, fourteen clouts, three caps, and a child's cap, of the two men at the bar; Howard carried them into my apartment, and M'Dowel received the money; they both asked me a guinea for them; I bid them nine shillings; Howard said they were worth more; he wanted to try farther; they went and came back again, and took the money.

James Bird . I found the skirt in Johnson's apartment.

M'Dowel and Howard Guilty . T .

Johnson Acquitted .

Reference Number: t17670909-80

511. (M.) Caleb Broadhead was indicted for that he, on the 31st of August , about the hour of twelve at noon, the dwelling-house of Abraham Fordham did break and enter, no person being therein, and stealing a shirt, value 3 s. a hat, two pair of worsted stockings, a linen gown, and a duffil coat, the property of the said Abraham . ++

Abraham Fordham . I live in a lane going from Highgate to Hornsey ; I have four children, but we were all out; I sent my wife home to get supper; she came crying, and said, the house was broke, and the things gone; the prisoner worked for the same person I do; we suspected him, we searched for him, but could not find him till last Monday se'nnight; we found the coat and gown, and my stockings the prisoner had on his legs.

Sarah Fordham . I am wife to Abraham Fordham ; I found our house-window was cut out, and taken away, and the things mentioned in the indictment were gone; all were fast when we went out.

John James . I am a pawnbroker in Golden-lane; this gown the prisoner pledged with me for six shillings on the 1st of September.

Samuel West . I am a pawnbroker, the prisoner pledged this coat with me the 1st of September (both produced and deposed to.)

Prisoner's defence.

There was another along with me, he broke the window, and I went up stairs and took the things.

Guilty of stealing the things. Acquitted of the burglary . T .

Reference Number: t17670909-81

512. (M.) Richard Perry was indicted for feloniously slaying John Batten , June 3, 1766 . ++

Thomas Kimber . Sometime in June 1766, Perry and I went to the White Bear in Hanover-street , to see a pair of cocks fight; Batten, the deceased, came in very drunk; he began pushing people about, he took Perry by the collar, and began quarrelling; they had hold of each other; Perry desired somebody would release him as the other was drunk; I went and got them apart; Batten fell upon Perry again; Perry said, you see I am obliged to fight, and I do not chose it; they had a fall by the fire-side, then they gave over; said Batten, I am d - d drunk; he walked about two or three yards, and sat down in a chair; we found him fainting, we sent for a surgeon, who ordered us to put him to bed; we took him up in a chair, and when we got up stairs we found he was dead.

William Norton . I am a surgeon, I was called to open the deceased; I found every thing quite perfect in the head; in the body I found a large quantity of extravasated blood in the abdomen, a blood-vessel had burst, which I look upon to be the occasion of his death; I took out between two and three quarts, and left a great deal behind; this might happen from a fall or twist; there were no marks of violence upon the body.

Prisoner's defence.

I desired the people to take him away, I was not for fighting.

Acquitted .

Reference Number: t17670909-82

513. (M.) James Pentecost was indicted for forging and counterfeiting a certain promissory note to this purport; I promise to pay to William Newcomen , Esq; or order, thirty-one days after date, the sum of 22 l. 10 s. 6 d. value received, George Bowes , directed to Sir Charles Asgill and Co. &c. and for publishing it, with intent to defraud Henry Moreror , knowing it to be false, forged, and counterfeited , dated Nov. 7, 1766 . ++

Henry Moreror . I am in the silk handkerchief manufactory , and live in Prince's-street, Spital-fields . On the 4th of December last, about three in the afternoon, the prisoner wrapped pretty hard at the street door; I let him in; he asked if this was not a handkerchief weaver's; I said it was; he desired to look at some; I desired him to walk up with me into the warehouse; I asked him what sort he wanted; there lay some before him, he said such as these; then he said he wanted some curlgees, that is, printed handkerchiefs; I told him we have not made many of that sort lately; he saw another sort; let me look at these, said he, they are very pretty patterns; he looked at them, and said, I have one thing to say to you, I am no judge in the matter, and therefore I shall leave it to you, and I shall pay you ready money, and if you deceive me you deceive yourself, what do

you ask a dozen for these; I said fifty shillings; do not you call that a great price, said he; I said no; then I showed him three sorts more of goods, silk and cotton, and said there is a great demand for these at this time of the year; he looked out five dozen; I told him the price was twenty-six shillings a dozen; he said it was a long price; I said I could not abate a farthing; then he made come of more, in all it came to 21 l 10 s. he wanted me to abate; I said I could not; then he said he should enquire in the trade, and if he found I had exacted upon him, he would never deal with me again; and if he found I had not, he should want more goods of me in six weeks; then he said there is a discount always allowed between ready money and credit; I said I had let him have them to follow, that I could not allow one farthing; then he said, make a bill, and write a receipt, and I will pay you. I went to make the bill; he said, I think it is time I had my dinner, having had nothing but two dishes of coffee; I said, if you will walk down with me you are welcome, and take part of such as we have; no, said he, I must make haste to the inn; I said, what is your name; he said, my name is Thomas Jones ; I said, pray do you live in town or in the country; said he, I live at Cowley in Middlesex, I keep the sign of the Cock, and keep a shop there; I made the bill out; he took it in his hand, and looked over it; it was 21 l. 10 s. said he, it is very right, write a receipt, and put the name of the street where you live on it; I did; then he put his hand into his pocket, and gave me this bill; he opened it very gingerly, and said, you must take care of it, it has a little fracture; I looked at it; he mentioned the sum; I said, then you must have twenty shillings and six pence, and gave it him; then I gave him a glass of brandy; he came up to me, and said, Sir, here is success to trade; I said, I am much obliged to you; I said, I was sorry to trouble him to carry his goods, I would send them to the inn; he said, do you think I cannot carry such a little parcel as this, and besides I would not give a pin for that man that is above his business; we parted; he had not been gone above eight or ten minutes before I began to look over the bill; I thought to myself, how do I know that this George Bowes keeps cash with Sir Charles Asgill; I ran down to Sir Charles's, and shewed the clerk the bill, and told him the affair; said he, have you got the man in custody; I said, no, I had not; they advised me to go to Sir John Fielding immediately, and give him information of the person; I ran to Sir John's, and gave all the account of the prisoner I was able; while I was describing him, all Sir John's people said, this is Pentecost, as wicked a fellow as any in the world; they said, it is no wonder he had deceived me, for he would deceive the d - l; they said, we shall have him by and by. On the 3d of July, in the evening, I went to take a little walk, I happened to drop in at a house, the Red Lion, the very corner house going into Bunhill-row; I had got a pint mug up drinking, I saw the prisoner; I knew I was in a very honest house, and there were very creditable people in it, I thought I should have enough on my side; as soon as his pint was out, he said to his friend, I suppose we must stand another pint; I thought by the time they drank another pint, I could go to the Admiral Vernon's Head, to a friend of mine; I went, and my friend came with me; I found the prisoner sitting as before; I went up to him, and leaned over the box, and said, how do you do, Sir, I am very glad to see you, I have not seen you since last December, though I assure you I have kept a strict look out for you on each side the way, when I have walked the streets; said he, what does this fellow mean; then I told him of his coming and giving me such a bill, and that I gave him 20 s. and 6 d. change; said he, what impudent fellow are you; said I, you shall soon know; I told the people he was one of those fellows that defrauded tradesmen by false notes; said he, if I do not make you piss on the wrong side the pot, my name is no longer Smith; here, said he, bring me pen, ink, and paper, I will give you an account who I am, meet me here tomorrow; no, no, said I, I do not leave you; I go along with you, said he, you foolish fellow, no, I do not; I ordered a coach, when it came, I said, come, Mr. Pentecost, put down your pipe, you shall go along with me; said he, no, not with twenty such as you; said I, you villain, if you have a mind to put on any manhood, exert it, for you go along with me, dead or alive, to night; we put him in the coach, and got him down with his back to the horses; he got up once, and shoved me down in the coach; we carried him to the Compter, he ran into the lodge, and said, bring me a shilling's worth of punch, and some pipes and tobacco; the next day I took him from thence before Sir John Fielding, there he opened a great deal of villainy, of robbing stage coaches and stage waggons, taking portmanteaus, and the like; Sir John committed him upon this forged bill.

Q. Do you know any thing of this George Bowes mentioned in this paper?

Prosecutor. No I do not.

Q. Do you know any thing of William Newcomen ?

Prosecutor. No, I do not; I do not know whether there are such people in the world.

The bill produced and read in court

Acquitted .

He was detained to be tried for obtaining goods by false pretences.

See him tried for defrauding Mr. Warner and Co. of twenty chaldron of coals, No 471, in last Mayoralty; and also for stealing a quantity of wearing apparel, the property of William Williams .

Reference Number: t17670909-83

514. (L.) William White was indicted for stealing a sash-door, value 5 s. and six yards of wainscotting, value 5 s. the property of Abraham Atterbury , Sept 1 . ++

Caesar Augustus West. I am a carpenter, I work for Mr. Atterbury; I have seen the prisoner come into his yard the latter end of August, in our dinner hours, he had no business there; I desired him to go out; he said, as I was a stranger to him he would go out; but before that, there was a great deal of stuff missing out of the yard; I was informed there was a new partition put up at the house of Mrs. Anson, about four doors from my master's yard; I went and looked at it, and found it was some of my master's stuff; there was a part of the sash-door left in the yard; I knew them to be my master's property.

Q. Do you know who put them up?

West. No, I do not.

Mr. Steed. I am a servant to Mr. Atterbury; I was employed to take care of this stuff; I put it up in a lost, to be kept to be used again; when it was missing, I made enquiry in the neighbourhood, and found the prisoner had done a job for half a guinea, which my master would not have done for 50 s.

William Wynne . I am a labourer; the prisoner hired me for 2 s a day, to labour under him; he handed me some of the partition from out of a lost, and some from under the gateway, in Mr. Atterbury's yard; as to the sash door, I cannot say where that was taken from; that I put up where the partition is, at the same time he gave it me to bring away.

Charles Wigg . I am a bricklayer; I hired two rooms at Mrs. Anson's in Chick-lane; I asked her whether she would be at the charge of putting up a partition, she would not; she recommended the prisoner, and I agreed with him to put it up; I gave him 1 s. earnest, and was to give him half a guinea; the next day, when I came home, I found it up, it was a sash-door and a wainscot partition; after that, some of Mr. Atterbury's men found out this stuff, and ordered me not to pay the prisoner, and I have not paid him.

Prisoner's defence.

I cannot say as to Mr. Atterbury's sash-door, that we had out of the upper yard; I only took money for my labour; I have the care of the estate belonging to the Dean and Chapter of Ely, and that house of Anson's belongs to the Dean and Chapter.

Abraham Atterbury . Where the prisoner had this stuff from, there was nothing there but my property.

Q. What does the prisoner mean by the place belonging to the Dean and Chapter?

Atterbury. I do not understand what he means by it; he knew there was nothing where he had the stuff that belonged to the Dean and Chapter.

He called William Gray , Evan Jones , Thomas Kelley , and Samuel Ray , who gave him a good character exclusive of this

Guilty . B .

Reference Number: t17670909-84

515. (L.) Joseph Collins was indicted for stealing five silver buttons for shirts sleeves, value 2 s. four silver studs and one silver button for shirts, set with stone , the property of Robert Salmon , Sept. 1 . ++

Robert Salmon . I am a silversmith , and live in Barbican ; I was not at home at the time the thing happened, I can only swear to the things being my property.

Elizabeth Salmon . I am wife to the prosecutor; the prisoner came into our shop, and asked for a pair of all silver buttons, on the 1st of September, between five and six in the afternoon; I reached him out three pair; he took no notice of any of them, but reached and put his hand into a great heap of them, and took some out with three fingers, and put them under his coat, and from thence took an opportunity to put them into his right-hand pocket; I asked him, if none of them that I had shewed him would do; he said he wanted an oval pair; I said there were no oval solid silver ones; he said I might take which pair I would, and weigh them; then he reached his hand into the drawer again while I was weighing them, and took some out in all his four fingers, and put them into his right hand, as before, till he had an opportunity of putting them into his pocket; said he, what do these buttons come to; said I, half a crown; he said 2 s. I said 2 s. 6 d. if I sell them; he bid me 2 s. 2 d. and walked

out of the shop; I had no body but myself in the shop; I ran out at the door, and brought him back again, and held him with his breast against the counter, and said, you rogue, you have robbed me, turn your pockets; there came in a neighbour from across the way; he called our servants out of the work shop; in the mean time the prisoner discharged all the buttons out of his right-hand pocket as I held him; there was one button found upon searching him, in his pocket, and a cluster ring, and 1 s. 8 1/2 d. in money upon him; that ring was not our property; the other buttons and studs were found by the side of the counter, where I held him upon the ground.

Q. What quantity did you find?

E. Salmon. Two pair of buttons, four studs, and one stone button, and I think two loose silver buttons.

William Roberts . I am a constable, I was sent for to take the prisoner into custody; when I came, I found the buttons on the counter; Mrs. Salmon charged the man with stealing them, he denied it.

James Jones . I searched the prisoner, and found one link in his pocket; Mrs. Salmon said he had a great many more about him; I told him he must turn out his pockets; he was doing it; I said, there is one; I saw the link, he seemed a little chagrined; he had 1 s. 8 1/2 d. about him; (the buttons produced in court.)

Salmon. The stone one I can swear to; I believe the others to be my property.

Prisoner's defence.

That which I had in my pocket was not their property; I got them in change for other buttons, of a man who was a brush-maker; I am a large plate worke r.

For the prisoner.

Mr. Porter. I am a silversmith; the prisoner worked with me two or three months, two or three years ago; he bore the character of an honest man then, and I have not heard to the contrary.

William Grundy . I am a plate-worker; I have known him a year and a half, or thereabouts, he has worked with me two different times; I never heard but that he was very honest and sober.

Guilty . T .

Reference Number: t17670909-85

516. (L.) Thomas Warner was indicted for stealing five ounces of gold and silver mixed, called gold and silver partings, value 30 s. the property of persons unknown, July 29 . ++

Albion Cox . I am a relation to Mr. Robert Albion Cox , a refiner; the prisoner was employed there in clearing some test after we had refined, to sift the waste.

Q. What is the test?

Cox. That is made of bone ashes, to refine silver on; he was employed to clean the mold out, that is, to take the silver out that runs into the cracks.

Q. Did you miss any silver?

Cox. It is impossible for me to swear to that; we refine two hundred weight of metal at a time; about the 29th of July, Mr. Salmon's apprentice came and told me, one of our men had offered some metal at his house; I went there, and Mr. Salmon and I went to a public-house, where I was told the prisoner was; he was gone out in order to go off; I ran after him, and brought him back to Mr. Salmon's shop; I had seen some partings; I asked the prisoner how he came by it.

Q. How much was there of it?

Cox. There was about four or five ounces; it was a mixture of gold and silver, which we had been refining, in order to get the gold from the silver; it was different sweeps and gold lace; the prisoner told me he had found it in Barbican; in taking him home, he begged I would take no notice of it to our people, and desired I would take him into a public-house, and he would tell the truth; I said I could not, without the consent of Mr. Cox's brother, and another that was there; I took him to the Compter.

Q. Had the prisoner been cleaning any tests about that time?

Cox. He cleaned several tests that day, and there might be such partings as these taken out of them; (produced in court.)

Mr. Salmon. I live in Barbican, and am a silversmith; the prisoner came to my shop the 29th of July, and offered these silver partings for sale; he seemed to be ignorant as to the value of them; I looked at it, and looked at him, and asked him where he had them; said he, I found them in Barbican, between two posts; I said, I am afraid not, it looks as if they had been stolen from somebody; he said he would assure me he had found it, and that a man knows very well, and called him from over the way, that was Mr. Brooks; when he came, he said he knew but little of the prisoner; I asked the prisoner who and what he was; he said he knew what silver was as well as I did; I said, pray who do you live with; said he, I have lived with Mr. Cox; I called my apprentice, and sent him to Mr. Cox's; house, and sent the prisoner's name, and desired Mr. Cox would come; the prisoner desired to know if he might go and have a pint of beer; I said he might, if Mr. Brooks went with him; I desired Mr. Brooks not to let him slip away; when Mr. Cox came, we went to the alehouse, and to my great surprize

I saw the prisoner going away at the bottom of Paul's-alley.

Q. Did he run or walk?

Salmon. He walked.

Prisoner. I carried it to Mr. Salmon to be tried.

Salmon. He brought it to me to sell, and would have sold it if I would have bought it.

Mr. Brooks. I am a watch-case maker; the prisoner called to me, and said Mr. Watkins, I hope no offence; I worked with Mr. Cox when you had your sweep done; I wish I had seen you sooner, I have found something, and you may be a judge, I think it is something like lead, I have given it here to be tried; I went into Mr. Salmon's shop, who then had it looking at; I looked at it, and said I believed it was silver, and very good silver; Mr. Salmon asked how the prisoner came by it; the prisoner said he found it, and said he lived with Mr. Cox the refiner, and that his name was Warner; then Mr. Salmon sent for his master; then the prisoner and I went to a public-house; he went out, and came in again, and said, Mr. Watkins, stand my friend here; I said, what can I stand your friend in; said he, you must say you saw me find it; said I, you must take me to be a very bad sort of a man; after that, he said if you will you shall have half; then said I, your master will be here by and by, and you must give him a just account; he seemed to be very much nettled, and after we had this talk, he said he wanted to make water; he went to the door; I said to the waiter, stand by him, if he offers to stir, come and tell me; the waiter soon came and said, Sir, he is going; Mr. Cox came just at the time, he ran and brought him back.

Prisoner's defence.

I was in liquor, and do not know whether I ran or walked, or did go away at all; I had left Mr. Cox's work some few days; I picked this up as I was walking in Barbican; I then went to a friend's house, and staid there some time, there was a stranger; I said I had picked up something, and should be glad to know what it was; when I came into Mr. Salmon's shop, I desired his wife to try it for me; by and by he came, and brought it in his hand; he had broke it into several pieces, it looked more like lead than silver; I told him where I lived, and my name; said he, I shall detain you, and send for Mr. Cox; said I, with all my heart; I had worked for Mr. Cox about three months, and was never at work by myself.

To his character.

Charles Brewster I am a grocer; the prisoner was my porter for a year and three quarters, about a year and a half ago; I do not know that he ever wronged me of any thing.

Andrew Walker . I am a colour-maker; the prisoner lived servant with me about five months ago.

Q. What character do you give him?

Walker. I can say nothing in his favour, but rather against him.

Q. to Mr. Cox. In what branch was the prisoner employed at your kinsman's?

Cox. He was employed only as a labourer .

Guilty . T .

(L.) He was second time indicted for stealing twelve ounces of gold and silver mixed, called partings, value 3 l. the property of persons unknown, July 20 . ++

Albion Cox . Two days after the prisoner was committed to the Compter, we had advice there was a parcel of silverand gold partings flopped at Mr. Alderman Plumb's; I went there, and found by the description given me of the man that brought it, that it was the prisoner, I went to him in the Compter, and asked him how he came by he said his wife dealt in lace, and she had bought some silverlace, and he had melted it down in the fire; we tried it, and found there was a quantity of gold in it.

Q. Is there any gold in silver lace?

Cox. No, there is not, he has attempted to melt it, and throw it into water; it is all in grains; (produced in court.)

Q. What quantity is there of it?

Cox. There is eighteen ounces of it.

Richard Ward . I am clerk to Mr. Alderman Plumb. On Monday the 20th of July, in the afternoon, the prisoner came to our house to enquire the price of gold and silver; I said it was not a rule in the house to set any value upon silver, there are so many sorts of it; he pretended his sisters that lived at Woodford had had an accident in melting some silver lace, and on the Tuesday morning he brought it, in order to have the value of it, the same as is here produced; it appeared a little suspicious, I desired him to leave it; he did not come again for three or four days; an experiment was made on it, and gold was found in it which made it plain it was not silver lace. On the Saturday morning he came again, in order to have the money upon it, that he might buy goods, which he said must go down to his sister at Woodford. We did not chuse to let him have any money, till we saw his sister; then he said he must go down to his sister, to come up and prove it was her property. On the Monday a woman came, which pretended she was his sister; there could be no answer given her that night, the compting-house being shut up. On the Tuesday

morning a woman came again, and said, she lived beyond Woodford, and pretended it was her property; I suspected it was not; she went away, and on the Wednesday morning it all came out; if the woman is here, and can prove it her property, there is an end of it.

Prisoner's defence.

It is my wife's property, she has dealt in lace going on eighteen years; I bought a great deal last year; this she burned herself; she put it into an earthen pot, and had the misfortune to run it down; I worked at Mr. Cox's, I came home, and saw it on the fire; my wife was not in the way; I took and put in some odd buttons and things to melt with it; I call my wife my sister.

To his character.

Nutchard Rumley . I have known the prisoner about three years; I have trusted him with money, linen, and other things; I never heard any thing bad of him in my life.

Q. Do you know his wife?

Rumley. I have known her about nine years.

Q. What business does she follow?

Rumley. She takes in washing.

Q. Does she deal in any thing else?

Rumley. No, in nothing else as I know of.

Q. Where does she live?

Rumley. She lives some where in Little-Britain.

Q. Do you know the prisoner's sister?

Rumley. I know no sister that he has.

Samuel Cragg . I am a taylor; I have known the prisoner between eight and nine years.

Q. Do you know his wife?

Cragg. I do.

Q. What business does she do?

Cragg. I have known her get her living by buying and selling of things.

Q. How long ago?

Cragg. Within this three years.

Q. What sort of things?

Cragg. Things in Rag fair, such as laces from hats, and pieces of brocade for shoes.

Q. Have you ever seen her with such things?

Cragg. I have, in her room.

Q. How often?

Cragg. Several times, I have been pretty much in their room.

Q. How often may you have been in their room?

Cragg. Perhaps five or six times.

Q. Did you ever see any silver or gold melted there?

Cragg. No, I never did.

Q. Where do you live?

Cragg. I live in St. Anne's parish, Soho, at the Rose and Crown alehouse in Little Newport-street.

Guilty . T .

Reference Number: t17670909-86

517. (L.) William Lawson was indicted for stealing a gold watch, value 14 l. the property of Thomas Colley , Sept. 4 . ++

At the request of the prisoner the evidences were examined apart.

Thomas Colley . I am a watchmaker in Fleet-street ; on the 4th instant the prisoner came dressed in a blue coat, a gold button to his hat, a sword, a diamond shirt-buckle to his shirt, as appeared to me; he was dressed very gay; he bespoke a gold watch of me; it had a chased case, and he chose it with a plain one, and desired I would let him have it by the next day, saying, he was to go to a rout at Lord Bute's, and said, I should be paid when I sent it; I sent it over at eight in the evening, and gave my servant orders to bring back the watch he had borrowed of me, and the money, or else bring both watches; he returned in about half an hour, and told me had lost the watch; I saw no more of him till I heard he had taken a lodging at a barber's, up a passage next door to the Mineral Water-warehouse, Fleet-street; I, Mr. Pain, and the taylor that the prisoner had had a waistcoat of, went and watched for him; he came home between ten and eleven at night; he having mentioned several noblemen that he was acquainted with, we told him, if he would send for any such, or person of credit, we would not send him to the Compter that night; he mentioned only a person that keeps a public-house in Leicester-fields.

Thomas Beyer . I am apprentice to Mr. Colley; my order was not to leave the watch without the money; I carried it to the prisoner's lodgings, at Mr. Thrasher's in Salisbury court; the prisoner was in the shop, he took a candle, and went up two pair of stairs (this was about eight in the evening;) I followed him, he desired me to sit down, saying, he had sent a person to Leicester-fields, to get a Scotch note changed; I pulled out the gold watch, and laid it down on the table, and said I had brought the watch; he pulled out that which he had borrowed, and laid it down; I took and put it in my pocket, he took up the other; I waited about half an hour, no body came; then he went to the door, and rang a bell; then he went and called over the ballusters; then he went two or three stairs down, and called again; after that he went down; I ran lightly to the stairs head, and heard him say, why do not you bring up the snuffers; in about five minutes Mr. Thrasher's wife called me down stairs, and asked me if I knew this man; she said he came down stairs greatly flurried, and said he wanted change for a shilling, then for a guinea; then she ordered to send out for change, but he was gone himself; I waited some time, thinking he might return; he did not, so I

went home, and told my master what had happened; I did not deliver him the watch, but looked upon it to be in my possession, till he took and went away with it.

William Alland . I am servant to Mr. Figgins; I was at my master's door, and saw the prisoner come out of his lodgings; I followed him; when he came out of Salisbury-court into Fleet-street, he crossed the way, and ran till he came to St. Dunstan's church; then he crossed the way, and went down a passage; I waited some time, he not coming out I went and told my master, knowing my master was suspicious of him.

John Figgins . I went with the prosecutor and Mr. Pain to the house of Mr. Mills, a barber, where the prisoner was seen to go in, and asked if such a person lived there; we were told such a one had been and taken a lodging there; we went into the street, and as he came in, between ten and eleven, we stopt him in the passage; we took his sword from him, and desired he would send for his friends, if he had any; he could send for no body but a publican from Leicester-fields; we took him into his lodging, we asked him where the watch was; he pulled it out of his pocket, and gave it to Mr. Pain, and desired us to be favourable, and said he would make it up with us; we told him he was in the hands of the law, and there we would leave him; he came by the name of Hamilton to me.

Prisoner's defence.

It is but nine weeks since I came from Scotland; I had good business in Dundee, and married a young girl which had a fortune, for which my life was threatened; I left that, and came here; money running short, I was obliged to take lodgings, and sometimes could not clear them, as my money was not come; my wife wrote me word she would remit me some; the reason I left my lodging that night was, Mrs. Thrasher said she wished she had a watch; I said, she may have a very handsome one for five guineas; when she came up to my apartment, she told me if I would give five guineas for this watch, she would pay me; I told her I would do it, and I left my lodgings till I might go with a good grace.

He called Alexander Russel , a bookbinder, who said he knew the prisoner about three years ago, in St. Andrew's in Fifeshire, and that he was by trade a baker .

Guilty . T .

Reference Number: s17670909-1

The trials being ended, the court proceeded to give judgement as follows:

Received sentence of Death, 7.

Elizabeth Brownrigg , William Guest , Samuel Tudor , Thomas Davis , John Spires, William Bryan , and John Trusey . Payne's sentence respited.

Transportation for 14 years, 2.

Thomas Holythorne and Mary Mills .

Transportation for 7 years, 55.

John Edwards , Rowland Arnold , William Wools , Thomas Mills , James Young , Elizabeth Morgan , John Ballard , John Henshaw , Thomas Bowers , Isaac Hull , Sarah Hinks , Anne Walker , William Termit , William Tillet , Elizabeth Jones , John MCrew , Samuel Elliot, William Watkins, Henry Rose , James Cumingham , Joseph Collins, William Cuthbert , William Lawson, Anne Page , Thomas Warner , John Hodges , Elizabeth Craydon , Elizabeth Ladd , Richard Wykes , Thomas Philips , John Miller , Richard Davis , Mary Tom House, Elizabeth Ashford , John Simpson , Martha Delaney , Thomas Lewis , Richard Brandham, John Walker, Henry Williams , Charles Trafford , William Stringer , Catharine Smith , Elizabeth Boyce, John Gibson , William Mackaway , Thomas Bird , John Gibson , Thomas Underboon, Michael Doyle , George Eades, James M'Dowel, Joseph Howard, Caleb Broadhead , and Samuel Dean .

Branded, 4.

Francis Lee , William White , Jonas Knowles , and James Woodman .

Whipped, 6.

James Cole , Rebecca Salter , Robert Laugham, Timothy M'Carty, Sarah Cook , and Elizabeth Harris .

Elizabeth Brownigg was executed on Monday the 14th of September, and her body was delivered at Surgeon's-hall, to be anatomized.


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