NUMBER V. PART I.
Printed for J. WILKIE, at the Bible, in St. Paul's Church-Yard,
King's Commission of the Peace, Oyer and Terminer, and Goal Delivery held for the City of LONDON, & c.
Before the Right Hon. THOMAS HARLEY , Lord Mayor of the City of London, the Hon. Sir RICHARD ADAMS , Knt. one of the Barons of his Majesty's Court of Exchequer *; the Hon. Sir JOSEPH YATES , Knt. one of the Justices of his Majesty's Court of King's Bench +; JAMES EYRE , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer of the said City and County.
N. B. The characters * + ++ direct to the judge by whom the prisoner was tried; (L) (M.) by what jury.
335.(M.) John Hewit was indicted, for that he forty pounds weight of lead, value 5 s. fixed to a certain brick building belonging to Daniel Jones , did rip, steal, take, and carry away , April 22 . ++
Daniel Jones . I live in the Back-road, Islington . Three weeks ago last Friday, John Skelton who lodged in my house came home from his work at night, he told me he thought, somebody was stealing lead; I having lost lead before, I desired he would go and get another man to assist; he went and got Francis Danby ; when he came, he told me he saw a man under a bush on his hands and knees; we went; he got over to him and took him, it was the prisoner, who shook and trembled, and said, if we would let him go he would never do the like again, or come any more.
Q. Did you know the prisoner before?
Jones. I never saw him before to my knowledge; he had a knife in his pocket, with which he might have cut the lead; we found the lead lying under the bush.
Francis Danby . After I was called to Mr. Jones's, he ordered me to go down the road; I looked over the bank, and saw the prisoner behind a bush on his hands and knees, skulking about thirty or forty yards from the house; I went and told Mr. Jones of it; then I went and found the prisoner about thirty or forty yards from the place where I had first seen him, lying on the ground; I went and took him; he said, pray, Sir, let me go, and I'll come here no more; he shook and trembled very much; the lead was found where I first saw him under the bush, (produced in court and deposed to by prosecutor;) it matched to the other lead where it was cut from.
I came from St. Albans that day; being in liquor, I went into that field to sleep; I never stirred
Anthony Marcellis . On the 5th of May, about three in the afternoon, going to 'Change, when by the Poultry Compter I found something go out of my pocket; I turned and saw the prisoner drop my handkerchief, I took it up, (produced and deposed to;) I know I had it in my pocket a little before; I laid hold of the prisoner, he was not two steps from me when he dropped it.
William Pain . That afternoon I saw the prisoner and another lad makes several attempts at the prosecutor's pocket; I followed them a good way down Cheapside; when by the Poultry Compter I saw the prisoner take this handkerchief out of his pocket; the gentleman turned about, the boy dropped the handkerchief and ran away; I stopped him, the gentleman came and laid hold of him.
I did not pick the gentleman's pocket, I picked the handkerchief up from the ground; I get my living by going about with my mother selling hymns and spiritual songs, and am but eleven years of age.
Guilty . T .
William Pain . On the 6th of May about eleven o'clock, I was going to my workman on Snow-hill, I saw these two prisoners loitering about upon Ludgate hill ; there was an elderly gentleman they followed; just facing the Old Bailey, they seeing his pocket slap was in, I could see the handkerchief as I walked, Walker made several attempts as it, then Tramer pushed up and took it out of the gentleman's pocket, and delivered it to Walker; there was Mr. Maynard that lives in St. Martin's-Le-grand seized him, the other ran up the Old Bailey, I pursued and took him; then I took them both to the Compter; the gentleman that lost his handkerchief saw it, and said, it was his property, he wanted it; I said, if he would come to Wood-street Compter, and tell where he was to be found so as to prosecute, he should have it; I thought he was following us, but I never saw him since; Sir Charles Asgill bound me over to prosecute; when Mr. Maynard took Walker he threw the handkerchief down.
I was coming to my master, I was not with this chimney-sweeper, (assessing his fellow prisoners;) I never saw him before, and they stopped me; I know nothing of it.
I saw a lad that I knew to whom I had sold a jack-ass, I was overjoy'd to see him; Pain laid hold of me, and said I had picked a gentleman's pocket, but nobody can swear it.
Both Guilty . T .
339. (M.) John Johnson , otherwise James Coyne , was indicted, for that he 200 pounds weights of lead, value 30 s. fixed to a certain brick building, the property of Jacob L'Heureux did rip, steal, take, and carry away , April 15 . +
John Leicester . Betwixt the 14th and 15th of April last, Mr. Roe knocked at my door, and said he imagined somebody was stealing lead off my house or the next to it; (I live in Charlotte-street in the parish of Pancras ;) there are five new houses; I got up, and in the next house to Jacob L'Heureux we found the prisoner lying in a corner in a room above; there was lead cut and thrown down on the ground from off Mr. L'Heureux's house; we sent the prisoner to the Round-house's he said he was asleep, but the labourer with as fired a pistol and made a great noise, I think he could not be asleep, this was about four in the morning.
Richard Templeman . I was set to watch; I heard the lead thrown down about three o'clock, and the tiles rattled down the gutter; there were two men came to me up in the building, and I saw two more on the ground; I cocked my pistol, and told them if they did not stand still I would shoot them; they ran down; I called the watchman, as he was calling the hour; he stood on one side and I on the other; I called my master; we found the prisoner in the house fast asleep, about an hour after the lead was thrown down.
I was at work for one Mr. Whitney that day; I happened to get in liquor, and went in there to sleep.
340. (M.) James M'Girk was indicted for stealing a carpenter's ax, a hand-saw, a smoothing plane, and a turning saw, the property of John Crouch ; a hand-saw, a pair of iron compasses three hundred tenpenny nails, a broad chisel, aRichard Skirrett . +
John Crouch . I work under Mr. Skirrett; the things mentioned in the indictment were missing at separate times out of a new building just by Holywell-mount ; the prisoner is a bricklayer's labourer , and I lives in an alley in Whitecross street; we suspected him; I went to Mr. West's, a pawnbroker in Whitecross street, with a new saw to pawn, and asked him if he had any old ones to sell; he said he had plenty, he produced some; I saw mine which I had lost among them; I was informed the prisoner brought it there; he was taken up, and before Sir John Fielding he said he found Mr. Skirrett's saw and plane in Moorfields, among a heap of stones.
Richard Skirrett . We had information of the prisoner by a neighbour of his; this saw and plane is mine, (producing them) the saw was lost about the latter end of March, and the plane about nine days after; the prisoner said he found them both together in Moorfields.
On the 12th of March I was discharged from the work, there being occasion for but one labourer; I went to another place, and worked till the 19th, then I was taken ill; after I got a little well, going cross Moorfields, I went to case myself among some stones, there I found the plane; I know nothing of the saws.
Guilty . T .
341. (M.) Joseph Cunningham was indicted for that he, on the 15th of April , about the hour of two in the night, five lilach plants, value 15 d. three privet plants, value 18 d. five honeysuckle plants, five vine plants, four jasmine plants, two box plants, one sweet-briar plant, the property of Crispin Hardy , in a certain nursery-ground, did pluck up, dig up, steal, take, and carry away . *
Crispin Hardy keeps a nursery ground on Milbank ; the plants were missing, and the prisoner, who had some time before worked there, was suspected; he was taken in Wyld street at his lodgings the same morning about nine o'clock, with all the plants upon him, except the two honeysuckles, one vine, and sweet-briar, which he had sold to Thomas Powe , a neighbour, and he had set in his ground.
The prisoner in his defence said he would give the court to trouble about it, and owned he was guilty of taking them.
Guilty . T .
342. (M.) Anne Hickey was indicted for stealing a silver coffee pot, value 5 l. a silver soup-spoon, value 30 s. eight silver table-spoons, value 4 l. a silver salt, a silver marrow-spoon, a linen table cloth, and a pair of linen sheets , the property of Jane Wallard , spinster , May 1 . *
James Wallard . I lodged at Mr. Pool's, a glover, in New Bond-street, when the things laid in the indictment were stole ( mentioning them;) the prisoner was my servant ; I went out of town on the 25th of April last, then I missed them.
Q. When had you seen your plate last?
J. Wallard. I cannot tell, they were on the shelf in a passage between two rooms, I had seen them within 12 months before I missed them; the tablecloth was locked in a drawer in a scrutoir in my own room; she was still my servant, and had been for four years; she ran in debt to the value of 20 l. and the creditors arrested her; when I missed the things I charged her with them; she confessed she had taken and pawned them.
Q. Did you make her any promise upon her confessing?
J. Wallard. She denied it at first, bu t upon my telling her, if she would confess, I would not hurt her, then she owned it; I found them by her direction (the coffee-pot, spoons, salt, and table-cloth produced and deposed to.)
Henry Dixon . I am servant to Benjamin Fryer , a pawnbroker in Walker's-court; this plate was pledged by Mary Worsley , between the 5th of September 1766, and the 23d of November 1767, at different times.
Q. Have you seen her in your apartment?
J. Wallard. I have, but I never spoke to her in my life.
Henry Sidgear . I went along with the prisoner to this pawnbroker, he denied he had ever seen her before; she said she brought four of the spoons; and would take her oath of it, and said also she was in the passage at the time the coffee-pot was pawned; he was very loth to produce four of the spoons, but at last he did lay them down on his counter, but did not deliver them up to me; he mentioned the name of Worsley, who he said pawned them; she told him she came with her, and stood in the passage while she pawned the other things; I have seen the coffee-pot before, and do believe it to be the prosecutrix's property.
Q. to Dixon. Did you hear the prisoner say she brought four of the spoons.
Dixon. No, I did not, she brought none, they were brought by Worsley.
Dixon. No, I did not.
I know nothing of the things, I never pawned none of them.
343. (M.) John Martin was indicted for stealing a feather bed, a bolster, a pair of linen sheets, two napkins, a pair of linen pillow-cases, a mahogany tea-chest, a copper tea-kettle, a copper porridge pot, two copper saucepans, four brass candlesticks, a pewter dish, four pewter plates, a looking-glass, a china bowl, a brass flour-dredger, a brass fender, and four flat irons, the property of Joseph Paddington , in a certain lodging-room lett by contract , &c. May 7 . *
Anne Paddington . I am wife to Joseph Paddington ; the prisoner took the lodging ready furnished of me about twelve months ago; I missed the things mentioned out of his lodgings the Sunday before he was taken up, which was Tuesday the 10th of May; I charged him with taking them; he acknowledged he had taken them, and had pledged them at Mr. Rotchford's, where I found most of them.
Frank Rotchford . The prisoner pledged these goods with me, some in January, some in February, and some in March (producing several of the things mentioned in the indictment, deposed to by prosecutrix.)
I intended to redeem them out again, but had not money.
Guilty . T .
344, 345, 346. (M.) Mary Ingram , spinster , was indicted for stealing a moidore, a pistole value 16 s. 6 d. a five guinea piece, a half guinea, and ten copper halfpence, the property of Alexander Lesley , privately from his person ; and Sarah Smith and Mary Sampson for receiving part of the said money, well knowing the same to have been stolen , May 4 . +
Alexander Lesley . On the 4th of this inst. May I was in East-Smithfield ; I met Mary Ingram at ten o'clock at night; she told me I might go with her and have a very good bed, and stay all night; she took me to a house, and took a candle, and went up stairs with me; she said I must pay for my bed; then I asked her what money; she said a shilling; I had no silver, I gave her a 6 s. 9 d. to change; another girl came up, and went to get change; the prisoner Smith came in; Mary Ingram said she should lie with me, she soon went after the other down stairs; I took and searched my clothes, and found all my money was gone; I saw Smith take my money; I got up, and went for an officer, and when we came to the house they were all gone: I took them the next morning, Smith confessed the five guinea piece was changed; had I not been a great deal in liquor I had not been taken in with such people as these.
George Power . The prosecutor brought me a warrant against Smith; I took her, and had her before Justice Pell; she denied knowing any thing of the robbery; the Justice took her into a room by himself; after that he came out, and desired me to go to such a place, and deside a woman to come with a five guinea piece; I went as directed, and brought the woman, she brought the five guinea piece; she said before the Justice she took It for a 3 l. 12 s. piece.
The prosecutor came first about seven o'clock, I was coming from Mrs. Hill's; he came again about ten, and tapped me on my shoulder, and so he did Sarah Smith ; he and she went up stairs, they called me up; he gave me a 6 s. 9 d. to get changed; when this girl was in bed with him, he called me up to lie at this back; when I got into bed he insisted upon lying with me, and gave me a black silk handkerchief, what was in it I did not know; in the morning I thought it was a pocket-piece, and when he came to put on his things he said I had robbed him.
Lesley. The girl in the carroty hair, Smith by name, picked my pocket of my money, I saw her take it.
All three Acquitted .
347, 348, 349. (M.) Susanna Atherley was indicted for stealing a canvas bag, value one penny, a 36 s. piece, a moidore, fifty guineas, thirty-one half guineas, and eight shillings in money numbered, the property of Frederick Neyen , privately from his person ; and Frances Atherley and Anne Rimington for receiving part of the same, well knowing it to have been stolen , May 7 . +
Q. Who called you in?
Q. Was you sober?
Neyen. I was as sober as I am now, I treated them, we went up stairs together afterwards.
Q. Did you know them before?
Mary Hicks is the landlady of the house; when we had drank the drams she went down for a pint of beer, I had my money in my pocket then; after that Atherley went down; then I felt in my pocket, and my money was gone; the moment Hicks came up Atherley flew down.
Q. Where had you put your money?
Neyen. It was in my waistcoat pocket, and my coat was unbuttoned.
Q. Did you feel your money go out of your pocket?
Neyen. She was pretty free in playing with me, and I felt something rustle towards my pocket; there was no body in the room but she, she took my money.
Q. Did you perceive her hand in your pocket?
Q. What money did you lose?
Neyen. There was fifty guineas, a moidore, a 36 s. piece, thirty-one half guineas, and 8 s. 6 d. in silver; when I got down stairs the Atherleys were gone, only Mary Hicks was in the house.
Q. What do you accuse Rimington of?
Neyen. She might be in the house, I cannot say any thing to that; I had been there before, but never lost any thing there before; I went directly and got a constable, and took up Mary Hicks; that was on the Saturday, and the other two prisoners were taken up on the Sunday.
The witnesses are sent out of court to be examined apart.
M. Hicks. They were not in his company, there was only Susanna Atherley in his company.
Q. Was he sober?
M. Hicks. He was between one and the other.
Q. Did he use to come often to your house?
M. Hicks. He did.
M. Hicks. He never saw her but once before.
Q. How long had she been at your house?
M. Hicks. About a week; I was taken into custody immediately.
James Brebrook . I had a warrant to apprehend the prisoners; these new stays, clothes, handkerchiefs, and hats (producing them) were found upon the three prisoners; they were taken before the Justice at the Rotation-office; Rimington was asked how she came by these new clothes; she said she bought them in Monmouth-street with the money she got of the prosecutor.
John Ross . I am deputy-keeper to the Poultry Compter; last Sunday se'nnight Frances Atherley came to the Compter very much in liquor; when I came home, about half an hour past one, I was told she had been observed to put money in her stocking; she came by herself to see her sister; I went to her, and desired her to pull her stocking off; she pulled her left leg stocking off; when I insisted upon her pulling off the other, she hesitated very much about it; I still insisted upon it; she took it off, there were nineteen guineas and a half in the foot of it; another person that stood by took a guinea and a half out of her hand, and gave it me; there was a very remarkable half guinea among them.
Neyen. One of my half guineas had a little bit broke out of it; I could swear to that at first fight (produced and deposed to.)
Francis Egan . I heard the prosecutor had been robbed in the Back-lane; I went there, and searched, but could not find the prisoners; about ten o'clock a man came and told me they were at a public-house; I found Susanna Atherley and Rimington at the Dolphin in Darkhouse-lane.
Two or three watchmen came round me, and gave me black eyes; they took two guineas out of my pocket, and used me very ill, and dragged me about all the same as if I was a dog; in the morning they took my handkerchief from my neck, after that they took my cloak, cap, and ribbons
Egan. We never used her ill at all.
Susanna guilty of stealing, but not privately from his person . T .
Frances and Rimington acquitted .
Q. Had any other people been in your room that day?
J. Howard. There might be two or three; a young woman that lodges above was one; I was not very well, I lay down about three quarters of an hour, and when I got up my watch was gone; I advertised it a guinea reward; I had word brought it was at Mr. Nash's, a pawnbroker, where I went and found it; I took the prisoner up on the Monday, she denied it, but offered me the guinea which I had paid to the pawnbroker.
Q. Upon what did you lie down?
J. Howard. Upon two chairs.
Q. Was you not out with her the day before?
J. Howard. I was.
Q. Was you sober?
J. Howard. I was very sober.
Q. Did the prisoner abscond?
J. Howard. No.
Q. What character have you heard of the prisoner?
J. Howard. A very good one.
Q. Are there not women of the town live in that house?
J. Howard. There are, they are reputed so.
Q. Had you no visitor that night?
J. Howard. No.
Thomas Nash . I am a pawnbroker; my master lives in Clare-street, Clare-market; I took this watch in on the 26th of April, about two or three o'clock, of a young woman, I believe it was the prisoner at the bar, but do not swear to her (produced in court, and deposed to by prosecutrix.)
I am innocent, I know nothing of it; I was in bed at the time she says the watch was lost; I went with her before the Justice without any constable.
Edward Brocksop . On the 15th of April, going to the post office between eight and nine at night, walking arm in arm with Mr. Bovill, I felt something at my pocket; I clapped my hand upon it and turned, and saw the prisoner close by me, there was an accomplice with him; in the prisoner's handing my pocket-book to him, it dropped between them; I did not see it drop, but I found it on the ground; in taking the prisoner to the Compter, in 'Change-alley he made a great deal of resistance.
John Bovill . I was walking by the prosecutor; he felt something at his pocket, he turned about and cried, Halloo, who's there? I looked over my shoulder and saw the prisoner and another man, I suppose he was handing the book to him; it fell to the ground and opened, and several papers sell out of it; the other man made a pretence to help gather them up; I laid hold of the prisoner while the prosecutor gathered up the papers and book, the other man made off; the prisoner made a great deal of resistance when in 'Change-alley; the book dropped directly between the prisoner and the other man that made off.
I had just been at the Post-office, and going after that to take a walk, I heard an outcry about the gentleman losing a pocket-book; I was seized, but know not for why.
For the prisoner.
Q. Did you write the letter?
Merryman. I can't write, but I got another person to do it.
Q. What was that person's name that wrote it?
Merryman. I have really forgot the name.
352, 353. (L.) John Watts and Richard Hartley were indicted for stealing fifty-two pounds weight of iron, value 5 s. the property of John Anthony Meal , Abraham Atkins , and Biby Lake , Esqrs ; May 2 ++Walter Nicholls the evidence; the proprietors are John Authony Meal , Abraham Atkins , and Biby Lake, Esqrs.
James Smith . I was going through bridge about five that afternoon; I saw the iron lie tied up in a dirty apron; I went up and told the people of it; I was sent to bring it up into the shop, I did; then the watchman said he would keep a good look out all night.
William Holmes . I am the watchman to take care of the works; there was a sack put in the place, and the evidence Nicholls came down and put his arm out to the place where he expected the iron was; I took hold of him immediately; he owned the two prisoners were concerned with him.
Walter Nicholls deposed, the two prisoners and he were concerned in taking the iron from the platform, and putting it convenient to fetch away. His evidence not being supported by any witness of credit, they were acquitted .
John Wells . On Wednesday last in the evening, I was at the bottom of Flower-de-luce-court, Fleet-street , going from Clifford's-inn; people stood at the end of the passage looking at the croud, there were two fellows fighting at the end of the court; I went to see them; recollecting I had lost a handkerchief some time before, I put my hand in my pocket and felt a hand; I catched hold of it, and in it was my handkerchief; it was the prisoner's hand, he had got it close in his fist; he begged of me to let him go, he told me he was a cork cutter; I secured him.
I was coming along, I went to see a fight; I clapped my hand upon that gentleman's shoulder, and it slipped into his pocket; he clapped his hand upon mine, and said I had picked his pocket.
To his character.
Elizabeth Bennet . The prisoner was porter in the house where I live. On Wednesday the 20th of April, about ten minutes after four in the afternoon, I missed my watch-case from my side, I suppose it dropped by accident from my side as I was going up stairs. On the Thursday se'nnight after, the prisoner was stopped offering it to a Jew to sell.
Mark Marks . I am a Jew. On the 26th of April, between six and seven in the evening I was standing in Duke's place, the prison walking up and down with an apron on; hed me if I knew where a goldsmith lived; I told him there was one through the arch; then he beckoned me to him, and asked me if I would buy a piece of gold, and pulled out this watch-case; I asked him what he would have for it; he said a guinea; I asked him where he got it; he said he found it between Bow and Stepney; I said, why did you not sell it before you came here, there are many silversmiths between there and Duke's-place; so I stopped him and sent for an officer, ( produced and deposed to by prosecutrix.)
If they can say I stole it, I'll suffer the law; please to ask Mr. Bennet, my master, my character.
Mr. Bennet. I had a very good opinion of him to the last; I had agreed to advance his wages but a week before I took him up; I never knew any thing amiss of him before this.
Guilty . T .
Alexander Gee . I was coming up Fish-street-hill on the 24th of April, about nine in the evening; about seven or eight yards above the Monument, I felt something at my pocket; I turned my head, and saw the lad at the bar have hold of my handkerchief; I catched hold of the other part of it, he ran holding one end of it in his hand, and I the other; at last I with my stick knocked him down, then he hallooed out murder.
I am twelve years old, and am a draw-boy to a weaver .
Guilty . T .
357. (L.) James Manning was indicted for breaking and entering the dwelling-house of James Russel , Esq ; on the 26th of March , about the hour of one in the night, and stealing one man's hat with a gold lace, value 20 s. four shirts, value 3 l. two sattin petticoats, value 6 l. one sattinWilliam White , in the dwelling-house of the said James Russel . *
James Russel , Esq; I live in Crutched friars . On the 25th of March I and all my family went out of town to my country-house at Putney, leaving only Rebecca Brown at home; on the Sunday following word was brought me that my house in London was broke and robbed; I came to town that afternoon; I observed a horse with which we use to carry tobacco into carts, (it may be used as a ladder,) this was removed out of the cellar, and set up to a window up one pair of stairs; I thereupon went up stairs and found the door of a china closet broke open, which was locked when I went out of town; I missed out of my counting-house a gold laced hat which I used to ride in, and out of my dwelling-house several kinds of goods which I do not enumerate; I went to Sir John Fielding , and gave him an account of what things I could recollect were taken away: he sent out bills; the prisoner was apprehended early in April; we found the hat, the silver nutmeg-grater, and silver spoon, (produced and deposed to;) the prisoner had lived two years some time before with me as a porter, and knew about the house, and I had great reason to suspect him.
Rebecca Brown . I was the servant that was left in the house when the family went out of town; on the Saturday night I locked up the house, and left it about nine o'clock, and went to be with a friend's child that had the small-pox. About seven on the Sunday morning I came home, I found the street door double locked as I left it; I went into the kitchen, I found my gown and apron were gone which I had left there the night before, and the tea-chest was broke open; there was linen taken from my drawer, and a gown out of my chest; the window up one pair of stairs which the horse stood against was shoved open, which I left shut down at nine o'clock on the Saturday night. In William White 's room, the footman, there I found his chest broke open; then I sent word to my master and mistress at Putney, (two aprons produced,) these were taken out of the kitchen.
William White . I am footman to Mr. Russel; (a pair of boots, plated spurs, a gold ring, several shirts, and surtout coat produced,) these I left in the kitchen; my coat was found at Stratford, these are my property.
Nicholas Simonds . I am a pawnbroker, and live in Black-friars. On the 13th of April, Anne Hemings brought this gold ring to my house to pawn; it occurred to me there had been handbills from Sir John Fielding , in which was a ring mentioned; I looked over the bills, but not finding that bill, I took it in of the woman; still it ran in my mind; I afterwards found that bill which described it; I went with the ring to Sir John Fielding , he advised me to wait till the woman came again; she came again and brought a sattin gown; I stopped her, and took her to Sir John Fielding ; there she gave information of James Manning the prisoner.
Anne Hemings . I carried and pledged the gold ring at Mr. Simonds's, and after that I went there with a sattin gown, and was stopped, (the gown produced and deposed to by Mrs. Russel,) I received the ring and the gown of the prisoner at the bar; the prisoner and I lived together at Chelmsford in Essex; he got up one Sunday morning about five o'clock and went out, having money owing him by one Michael Buck ; he said he met with him, but he paid him no money, but he had given him a bundle to carry to the Red Cross at Stratford, and he was to come there in the evening; we went there and waited, but Buck never came; in that bundle was this gold ring and sattin gown.
Peter Peal . I am a pawnbroker. About the beginning of April a woman brought me a black petticoat, she said it was her own; on the 13th, the same woman brought a nutmeg-grater, the same that Mr. Russel swore to, (the petticoat produced and deposed to by Mrs. Russel.)
Richard Bond . On the 16th of April the evidence was stopped at Simonds's, and brought to Sir John Fielding 's; she said she had all these things of the prisoner at the bar; I went by her directions to Chelmsford, and at the Crooked Billet there I met with the prisoner; I told him the woman had been to town with some goods and was stopped, and had given an account of him, and we were come in search of him, as there was a suspicion that he had broke Mr. Russel's house; when we came out at the door, the prisoner immediately ran away; we overtook him and secured him, and carried him back to the Crooked Billet; there we found some shirts and the gold-laced hat, the same as has been produced here; when we got him into the coach to bring him to town, he said he was not the first, and hoped he should be the last that was brought into a snare, but as to the woman no person
On Sunday morning was seven weeks, I got up about half an hour after five, I was going to London, and to see my father at Stratford; I met Michael Buck in Poorjury-lane, he asked me where I was going; I asked him if he had any money that he could spare me; he said he had none, but he would get me some; he asked me to carry these things to the Red Cross betwixt Stratford and Bow, and he would give me 18 d. I carried them and left them there, and had half a quartern of brandy, and left it to him to pay when he came for the things; I went home, and was asked if Buck had given me any money; I said, no; I said, I had got some things which he should not have till he gave me my money; this woman and I went there, Buck never came; I asked the landlord to let the things be there; he said it would be more convenient for him that we take them away, so I gave her one bundle and I carried the other; we took them home and kept them several days; he not coming, we opened them and took some of the things out; I believe Mr. Russel can give me no bad character for all the time I lived with him, please to ask him my character.
Mr. Russel. When the prisoner was my porter at first he behaved very well, but the last six or seven months he was with me, he behaved ill; I dismissed him, and ordered him never to come within my gates.
Guilty of stealing the goods only . T .
There was another indictment against him.
358. (M.) Mary Elliott was indicted for stealing a gold and silver purse, value 5 s. eight guineas, and 40 s. in money numbered, the property of Geo Airey , in the dwelling-house of Jane Shower , spinster, April 17 . +
Clarissa Airey . I am wife to George Airey ; I lodge at Jane Shower 's house. On the 17th of April I went out at noon; when I returned, and went to my room about half an hour after eight at night, my box was broke open, and my money and purse gone; there was nobody in the house but the prisoner, who was servant to Mrs. Shower; I missed three guineas in the purse, and five which lay loose were taken away; I charged the prisoner with taking them, but she never would own it.
Mrs. Shower. The prisoner was the only servant that was at home that time; I staid in that room till four o'clock, then I went out into the next room and staid till five; then I went down stairs; when Mrs. Airey came home at half an hour after eight, she went up and found her box broke open and her money gone; there was nobody at home after I went out, but the prisoner and a woman that came to see her; she had not been in my service not quite three weeks; I suspected her, and sent for a constable, and gave him charge of her; there was no money found upon her, she denied having it; every lock up stairs had been tried at, and some of our forks had their tines bent, I strongly believe it was done by her.
Jane Shower . I missed a handkerchief out of the wash; I had lost many things the time she was with me; after this money was gone, Sarah Willingham informed me she had seen the prisoner go in a pawnbroker's to pledge a handkerchief; I sent there, and the handkerchief was brought me, it was my property.
Daniel Peacock . I am a pawnbroker; there was an apron and handkerchief brought by a woman that called herself Mary Edwards , on the 9th of April in the evening, between seven and eight; I never saw her before, and I cannot swear to her no more than the child that is unborn.
Q. How would you have known to restore it to the proper person?
Peacock. By the person coming and asking for it by that name.
Court. Don't you know that persons in your way are often called upon here to prove the person they take things in of?
Peacock. I am very careful in asking where people live and their name, (the handkerchief produced and deposed to by prosecutrix.)
Q. to Peacock. Was there any other woman pawned an apron and handkerchief that day besides one?
Peacock. No, there was but one woman that did that day.
I never was in the pawnbroker's shop in my life, I don't know where he lives.
359, 360, 361. (M.) Thomas Stapleton , Susanna his wife , and John Curtis , were indicted for stealing a clock, value 40 s. a dimity coat and breeches, a cloth coat, a pair of horse pistols, a leather bullet-bag, a powder-horn, four pair of sheets, a cotton counterpane, a woman's cotton night-gown, a linen table-cloth, three napkins, a dimity petticoat, a silk petticoat, a dimity pocket, a cheque-apron, a silk handkerchief, a linen handkerchief, a pair of scissars, and a linen bag , the property of David Shurel , May 4 . *
David Shurel . My house is in Sackville-street; I have another on Haverstock-hill , upon the road to Hampstead; on the 2d of May I went to that last mentioned, about four in the afternoon; all my goods were in their places there; I locked up the house about seven in the evening, and returned to my house in Sackville-street : on Tuesday the 3d I went again; upon opening the hall-door I saw the head of my clock-case standing upon the floor near the chimney, the clock was gone, with the pendulum, pullies, and winder; I missed a grey coat lined with black, black buttons and holes; in the parlour I missed a sussian frock, and a pair of dark dimity breeches; I went up into my dining-room, there I missed from over the chimney a pair of horse-pistols made by Barber, a powder-flask, a leather bullet-bag; out of a chest in my bed-room I missed three pair of Holland sheets, marked D. M. S. or M. R. a white cotton counterpane, a woman's cotton night-gown, printed red and blue, a cotton bed-gown, red and white, a flowered muslin toilet cloth, two bordered damask napkins, with flower baskets in the middle, a dimity waistcoat, a green silk bonnet; all these I advertised May the 6th: the following, which were taken out of the same chest, were not then recollected, a blue and white cheque-apron, a small table-cloth, a damask napkin, a silk handkerchief, and a linen ditto, and some pillowbears; I went up into the servants room, there I discocovered the thief had broke in by the help of some ladder thro' a back window of six squares of glass; it is about twenty-four feet from the ground: when in the garret they had free liberty of the whole house, consisting of five apartments; the chambers, closets, and cupboard doors were all left open, to admit of free air; the rooms I found were all over with tallow, candle droppings, and bits of candles, and pieces of matches scattered about; I found a candle had been stuck upon the bottom of a sash in the hall, it had burnt one of the bottom rails; there were candles, tinder, matches, steel, and flint in the house; whether they used them, or whether they brought candle with them, I cannot tell; I hired a man at Hampstead to be in the house, and then returned to town about seven in the evening; my house was robbed also a second night of a pair of sheets, a bag, and a pair of scissars; I know none of the prisoners.
John Noaks . I am a constable, I had information that some of these things were at the house of one Pollard in St. Giles's, a cow-keeper; Mr. Marsden and Mr. Heley went with me, there I found some sheets cut up to make shifts of (several pieces produced in court.)
Shurel. I have compared these pieces with some sheets of mine at home, I think I could safely swear to them to be my property.
Noaks. We had information where the prisoners lived; the woman where we found this cloth sent one of her servants with us to Duck-lane, Westminster, there we found Susanna Stapleton ; (a gown, an apron, a sheet, the clock, and a bonnet produced in court.)
Shurel. This sheet and clock are mine, the green bonnet is my wife's.
Noaks. I have some more things, which I found at a pawnbroker's; Stapleton said her husband had given her some of these things to pawn, and she would show me where they were pawned; she went with me to a pawnbroker in Stretton's-ground, there I found a gown, an apron, a pair of breeches, and a sheet (produced in court, and deposed to by prosecutor;) I know nothing against Curtis; the husband was taken, and I was sent for to Sir John Fielding 's to search him; I found this pair of scissars upon him (produced and deposed to by prosecutor.)
Catherine Lane. The woman at the bar brought this grey coat to me on the 4th of May, and pledged it in her own name (produced and deposed to.)
John Leicester . I live at Mr. Pollard's, a cow-keeper; Stapleton delivered three shift bodies cut out to me, to be made up for his wife; I think I saw something in the hands of the prisoner like a pair of pistols; the gentleman has got the shift bodies again of me.John Fielding , and told him I had seen them cutting some sheets.
Thomas Stapleton's defence.
I am very innocent of it, I have not long been come from Hertfordshire from my grandfather; I gave my landlady the key, and went there; my grandfather gave me two fowls and twenty-three eggs; I came up again; then they took me up, and had me before Sir John Fielding ; they tied my hands, I went up very contented; they had me down to the Gatehouse, there I staid; then they brought me to Sir John Fielding 's again, they sent me to the start *.
I found the things in the room.
The other two Acquitted .
362, 363. (M.) Frances Smith and Anne Davis , spinsters , were indicted for stealing one moidore, twenty-six guineas, four half guineas, a 5 s. 3 d. piece, and half a crown , the property of John Ringrose , April 20 . ++
John Ringrose . I live in White's-ground near Barnaby-street, Surry. On the 20th of April the prisoner picked me up upon Tower-hill, and asked me to give her a pint of beer, as I was going to Whitechapel to see an acquaintance; I took her to the Ship and Horseshoe in Nightingale-lane, and gave her a pint of beer; then she desired me to go with her to her lodging; I went with her, there she asked me to lie with her; she said I should not, except I give her three shillings; I said I should not; at last I gave her half a crown, out of that she fetched a quartern of gin; she gave the watchman some, we drank it, I had seen no body else; I undressed myself, and we went to bed; I put my breeches under my pillow, and laid my clothes upon the bed; the other prisoner came in, and put her hand over my head, and took my breeches, and put the candle out, and took out my watch and money; I saw her take them; I went to follow her, and Smith held me; after that I went down stairs, and found my breeches and watch upon the stairs; I came up stairs again, and put my clothes on; after that Anne Davis brought a candle up; I went out, and called the watch; he called the constable, and we took them both; they were searched, but I did not find my money.
Q. What money did you lose?
Ringrose. I lost twenty-six guineas, four half guineas, a twenty-seven shilling piece, a 5 s. 3 d. piece, and half a crown in silver; my money was in a brown paper; I was intending to put it out to use with my master, we had been talking about it two or three days before; I know I had my money in my pocket when I pulled my breeches off, the gold in one pocket, and silver in the other.
Q. Did you know either of the prisoner before?
Ringrose. No, I never saw either of them before.
Q. Where had you been that day?
Ringrose. I had been at work in the brew house all the day from five in the morning.
Q. Was you sober?
Ringrose. I was, I had drank but two pints of beer and a quartern of gin the whole day.
Q. How came you to let her take your breeches, you say you saw her take them?
Ringrose. I was startled, and the other held me; I followed her as fast as I could.
Q. Where is this lodging?
Ringrose. It is in Redcross-street, No 19, near East Smithfield, a private house, up two pair of stairs, a fore room.
Q. How came you to go into a place you knew nothing of, with a woman you knew nothing of, with so much money in your pocket?
Ringrose. She enticed me.
Archibald Moslin . I am a constable, the prosecutor came to me to the watch-house for assistance; I went with him, we took the two prisoners, and searched them, but found nothing upon them; they said they knew nothing about what he charged them with, and they said the same before the Justice.
I went over Tower-hill with this young woman (meaning Davis) and another young woman, and three men; we went in at the Nag's Head on Tower-hill, and had some beer; it wanted about five minutes of ten o'clock; when we came out two of the young men, and this young woman, and another, turned to go upon the hill; I went to go towards East Smithfield; the prosecutor came up to me, and asked me where I was going; I said home; said he, will you let me go with you; I said, if your way is my way you may; he said he was going towards East Smithfield; they were putting lights up; he said, what do they do that for; I said, I believe they did it for
To Smith's character.
I went up stairs with a candle, he was lying by the side of the young woman in bed; I know nothing what he had about him, I never saw none of his money.
Both Acquitted .
364. (M.) John Taplin was indicted for stealing a copper porridge-pot, value 3 s. a looking-glass, value 4 s. a linen sheet, value 2 s. a tea-kettle, value 18 d. a woollen blanket, value 1 s. the property of John Stewart , in a certain lodging-room lett by contract , &c. Jan. 11 . ++
John Stewart . I live in Little St. Anne's-lane ; the prisoner took a ready-furnished lodging of me, he staid about eleven weeks; the things mentioned in the indictment were part of the furniture; when he went away he kept the key, and deserted the regiment to which he belonged; after he was taken he told me my things were pledged, and went along with me to the pawnbroker, in order to get them again, where I found them.
Thomas Sclater . I am a pawnbroker, and live in Stretton's-ground; the prisoner pledged the porridge-pot, blanket, sheet, and tea-kettle, all with me in January; he told me his wife's mother sent them to him from the country.
I took the room at 2 s. a week; I made away with these things, not with intent to steal them; I went to my landlord, and told him I would pay him at 2 s. a week for the lodging, and 2 s. the debt for the things, and on the Sunday he wanted the key of my room; I thought I had no right to give it him; he threatened, if I would not, he would break the door; I was taken up between three and four weeks after, and received three hundred lashes for deserting; I belong to the Cold-stream regiment, I have a wife and child, and times are hard; I work by the water-side, and porter for my bread.
Guilty . T .
365. (M.) Paul William Wells was indicted for stealing one ounce of human hair, value 5 s. eleven ounces of horse-hair, value 10 s. a pair of toupee-irons, value 6 d. a pinching-iron, value 6 d. two pair of steel scissars, value 6 d. the property of William Bunyan , May 17 . ++
William Bunyan . I am a barber , and live at Windsor; the prisoner was my journeyman , three weeks last Saturday; I sent him to cut some young ladies hair last Tuesday morning, his own clothes being but indifferent, I hired him a coat and waistcoat, and lent him breeches and stockings of my own; I happened to send my other servant to the place where he was to cut the hair, and found the prisoner had not been there; I went in pursuit of him, and overtook him upon Hounslow-heath; he had all the things in his pockets mentioned in the indictment (produced and deposed to;) I took him before a Justice at Hounslow, he was so abusive people would not be satisfied without I would prosecute him.
I was afraid of being arrested; my master lent me these clothes that I have on, and the hair was in the pocket unknown to me.
Guilty . T .
Daniel Saxton was indicted, for that he, together with many others, to the number of 500 or more, being disturbers of the peace, on the 28th of March , did assemble near the Mansion-house , in the city of London, there continuing for the space of an hour, and more, making great noise and disturbance; and that he the said Daniel did cast and throw many stones at the windows, and break the same, damage the furniture, and put divers subjects of our Lord the King in the Mansion-house in great fear and danger of their lives . *
William Pain . On the 28th of March I went about eleven in the night to Mr. Heath's, a fishmonger's at Temple-bar, hearing there was a great disturbance (it was the day of the election at Brentford;) while I was there Mr. Stevenson came; Mr. Manlove, who is partner with Mr. Heath, came and said he was just come from the Mansion-house, and there was a great mob there, and they had done a great deal of mischief; Mr. Stevenson and I proposed to take a walk there, to see if it was so; we went and found the report true; there was a vast number of people, some thousands; I saw several of them throw stones, and break the Mansion-house windows; among them I saw the prisoner at the bar, they were shouting, and crying out, Wilkes for ever! and such like language as that.
Q. What time did you get to the Mansion-house?
Pain. A very little after eleven; the lamps were most of them broke before I got there, and a great many windows, particularly below stairs.
Q. What sort of stones?
Pain. Such stones as they could pick up in the streets, being after the new paving was made; and there were a great number of little stones lying about; I saw stones flying may be the bigness of an egg, bigger or lesser, and pieces of brick-bats; I took particular notice of the prisoner, because I looked upon him to be a pickpocket, he had very much the appearance of one, and I think still I am not mistaken in that, from the behaviour which I saw that night; I thought it was my duty, as well as every Englishman, to endeavour to suppress it; I could not attempt to do any thing in the midst of a mob; I showed Stevenson the prisoner, and said, there is that villain, I suspect him to be a pickpocket, you see he is throwing stones; I believe we watched him near half an hour, he threw all the stones he had with him; then he went from the Mansion-house up a passage by the side of a church at the bottom of the Poultry below the Compter, there was a heap of stones, and such things lay; he loaded himself there, we followed him, and saw him come back again to the Mansion-house; he threw and broke several panes of glass on the west side the Mansion-house; I was determined never to leave him till I had taken him, I had hardly patience to forbear taking him in the midst of the mob; my neighbour Stevenson believing I should seize him, said, for God's sake, do not take him, we shall be murdered; I said, if you are afraid go home, for I will never leave him till I take him: the soldiers came, the mob stopped them; there was one more active than the rest, he threw his bayonee about, and made way; they drawed round in a ring, I and the prisoner were in the midst of them; while the soldiers were in that posture, the prisoner threw several stones, and broke several windows in the Mansion-house; my neighbour, according to my advice, and I suppose agreeable to his own inclination, left me: after the prisoner had throwed all the stones he had, then he came out, and went down the west side the Mansion-house, and picked up more stones, and throwed them up to the two pair of stairs windows, and I believe he broke most of the two pair of stairs windows that were broke on that side; I was going to take hold of him several times, but I considered the consequence of the mob, so I waited till about half an hour after twelve; he met with a young man that he knew, they talked together; I took that young man to be one of the same sort; they agreed to go home, they came from the mob a little way; I determined to take him when they got a little way from the mob: to save my own brains, I concluded to take hold of him as a pickpocket; I said, you villain, how dare you come here to pick pockets; I thought in this the mob would rather be on my side than against me; there were no body very near, nor no body assisted me; his companion made off immediately; I got the prisoner into the Poultry Compter, then he was very ready to be searched; I then said no, I do not take you up as a pickpocket, I take you up for breaking the Mansion-house windows.
Q. How long from first to last might you have kept your eye upon him?
Pain. I may say a full hour.
Q. When the lamps were broke how could you see?
Pain. They did not break the other peoples lamps, and there were candles in every window in all the houses, some out of fear, and some perhaps out of respect, the mob shouting, Wilkes for
Q. What time was it when you put him in the Compter?
Pain. The watch went half an hour past twelve when I came out of the Compter coming up Cheapside.
Q. How long was that after you came from the Mansion-house?
Pain. I suppose it was about a quarter of an hour, that must be the most.
Q. How was the prisoner dressed?
Pain. He had his own dark hair, a coloured handkerchief about his neck, and a ragged coat on.
Q. Whether you directly followed him?
Pain. I did, and took him between the mob and the Poultry Compter; I watched him out of the mob, and just before we got to the Poultry-gate, I went before them to see if there was any body there to assist me; I saw nobody, so I took him myself.
Q. Did you not stop at the Poultry-gate to watch for his coming?
Pain. No, I did not.
Q. Whether you had not been there five or six minutes watching for him, and then jumped upon him?
Pain. No, I had not been there half a minute.
Q. How near the Compter-gate did you seize him?
Pain. Not ten yards from it I suppose; the mob reached half way up to the gate; they were both walking together a good middling pace, I suppose at the rate of three miles and a half an hour; I was obliged to run to get before them, he was directly fronting the gate when I seized him.
Q. How near to it?
Pain. I suppose about twenty feet.
Q. Did he abide in one place?
Pain. He shifted about, he was on both sides the Mansion-house and front and all; I was sometimes on one side him, and sometimes behind him; I told my Lord Mayor's porter at the gate, I had got my eye upon a particular person, I meant the prisoner.
Q. Did you tell the man at the Compter the prisoner was a pickpocket?
Pain. No, I did not.
Q. Did you not say, look at his hands and see they are muddy?
Pain. I said they were dirty; his hands were both soiled, as if he had been handling dirty stones.
Q. Did any body look at his hands?
Pain. Nobody but the turnkey looked at them while I was there.
John Stevenson . I am a neighbour to Mr. Pain. On the 28th of March I stood at Temple-bar, there was a great mob of people; I said, what will all this come to; said Mr. Pain, will you take a walk with me into the city, they are breaking the Mansion-house windows; we went; when we came there, there was scarcely a whole window; he and I walked round the Mansion-house; he said, look sharp, I know -; I said, I shall not look about it; he followed some person or other, (the lamps were all broke as I saw,) people were throwing stones, I don't know any one person upon earth that threw a stone; I walked round the Mansion-house with Mr. Pain.
Q. Did he single out any one particular person?
Stevenson. He followed a person.
Q. How do you know that?
Stevenson. He turned round and said, I know a person.
Q. Did you see the person he mentioned throw a stone?
Stevenson. I can't remember no person that was there; there were pieces of tiles lying there; said Pain, you'll see if he picks them up; I went off directly, and went over to the left-hand side; there were a great many people walking up and down; said Pain, I shall not go home with you, if you are afraid you may go home, for I will not leave the person; he followed a person that went down on the left-hand side; I went home directly and left him there. He came to me the next morning and said, I have taken him; I said, how can you swear to a person among so many people, I suppose you are going to get 50 l. he said there was no reward offered.
Q. Whether you did not see the person Mr. Pain alluded to throw a stone?
Q. Did you see any stones thrown while Mr. Pain was with you?
Q. Were the persons that throwed them near Mr. Pain?
Stevenson. They were.
Q. Can you tell whether the prisoner was one of the men?
Stevenson. I cannot tell that, I never saw the prisoner in my life till I saw him here in the court; I took no notice of Mr. Pain after he desired me to look.
Q. Did you say nothing to Mr. Pain?
Stevenson. I said, if I had been one of my Lord Mayor's servants at that time, I should certainly have fired at the mob.
Q. What time was it that you was there?
Stevenson. It was about 11 o'clock.
Q. How long did you stay there?
Stevenson. All the time I was there was not above 15 minutes.
Q. What did Mr. Pain say the man was when he came to you next morning?
Stevenson. He called him a pickpocket, if I remember; he said he followed him till he came to the Compter-gate, and he pushed him in; I said, how could you take him out of the mob; he said, O, I knew him of old.
Q. Was you and Pain in such a situation in the mob so as to converse together?
Stevenson. He walked before and I near him behind; we could converse occasionally.
Council. You say he did take notice of a man?
Stevenson. He did.
Q. Did he point to him as throwing stones?
Stevenson. He did.
Q. Are you sure the prisoner is not the man that Pain pointed to as throwing stones?
Stevenson. I will not say he is not the young man that Pain pointed at.
Q. What do you believe?
Stevenson. Upon my oath I never saw the prisoner in my life before I saw him now in court.
Q. Did you see that man that Pain pointed throw stones?
Stevenson. Yes, I did; there were three or four throwing stones together.
Q. Did you at that time apprehend Pain had some nation of a reward?
Stevenson. I did not.
Q. Had you any?
Stevenson. No, I had none at all.
Q. What time did you arrive at the Mansion-house?
Stevenson. About 11 o'clock.
For the prisoner.
Elizabeth Saxton . The prisoner is my brother; he came from my mother's house that night about half an hour past ten at night, she lives in Wyld-street, Clare-market; when he has done his business at his master's, he comes and spends his evenings with me and my mother when she is at home; his master lives in Jewin-street, he is a watch-finisher.
Q. Was he not bailed?
E. Saxton. He was, by his master and another gentleman.
Q. Did his bail surrender him up after that?
E. Saxton. Yes, they did.
Q. Why so?
E. Saxton. Because he met with another troublesome affair, of which he was innocent, as well as this.
Amelia Waite . I saw the prisoner brought into the Compter that night, my husband is a prisoner there for debt, I live there; I did not see him when he was first laid hold of; when Mr. Pain brought him up the court I was about the middle of it; he said the boy was a pickpocket; then he brought him into the lodge, he asked me where the turnkey was; I rang the bell on the master's side; when he came, Mr. Pain said, he has been throwing stones at the Mansion-house windows, look at his hands; I looked at the m, I saw no dirt; Pain said his hands are all over mud and dirt with flinging stones; Mr. Woolard took the candle and looked at his hands; I looked and said, you cannot say his hands are dirty.
Pain. If Mr. Woolard was here he would say his hands were dirty.
Q. to A. Waite. What time did Pain bring him in?
A. Waite. It was not above a quarter past eleven o'clock.
Pain. The soldiers did not come till after twelve o'clock.
A. Waite. We were all in bed by twelve.
Q. Had you heard the soldiers were come?
A. Waite. I heard the soldiers were come, but cannot tell whether it was before or after the prisoner was brought.
Q. Can you judge whether he had not taken hold of bricks, stones, or tiles?
A. Waite. No, I cannot; but his hands did not appear to be muddy, his hands might be soiled.
A. Waite. That was in the lodge.
Q. When he got him in within the gates what did he say?
A. Waite. Then he talked about throwing stones.
Henrietta Lawrence . I saw Mr. Pain stand at the Compter-gate that Monday night; he came up to the gate and opened it, and I believe he might stay there between five and six minutes between the gates, he stood as if he waited for somebody; I remember the prisoner was brought in; I stood looking over the rail close by Mr. Pain; I was there when Mr. Pain came up first; I saw some people walking along the street; Mr. Pain went out and seized the young man by the collar.
Q. Was the prisoner running or walking?
H. Lawrence. He was walking a common pace as if going home, he was not making any noise; he was going from the Mansion-house, the windows were breaking at that time.
Q. What time was this?
H. Lawrence. I fancy this might be about 11 or after, it may be before eleven.
Q. Was it not past twelve?
H. Lawrence. I am very sure it was not, because I was going to bed when the clock struck twelve; he seized the young man in the street, and said, I have catched you now, he is a pickpocket; he said to me, shut to the gate, and I did, but I did not follow him up into the Compter.
Q. How came you to be there?
H. Lawrence. My father has the care of the Compter.
Q. Whether Mr. Pain did not address himself to you, and you made some answer to him?
H. Lawrence. I did not hear him speak a word to any body; he ran up in a great hurry to the gate; and opened the hatch and there he stood.
Q. Was he there a single minute?
H. Lawrence. I think he was.
Q. Will you take upon you to swear he was there two minutes?
H. Lawrence. I really think he was.
Q. What was he doing?
H. Lawrence. He was looking about.
367, 368. (M.) James Bohannan and William Johnson were indicted for breaking and entering the dwelling-house of Richard West on the 11th of March , about the hour of three in the night, and stealing ninety pounds weight of starch, value 30 s. the property of John Jackson and Richard West . +
Richard West . John Jackson and I are partners; we keep an oil-shop at the corner of Hays's-court, in King's-street, Soho ; there are three fans cut out in the window, in order to give light into the shop; our starch was in papers piled up upon the top of a drawer near the window. In the night of the 11th of March one of the fans was broke, and they had put their hand through and drawn out 23 papers of starch; this window looks out into the court, there is no shutter to it, there are only irons; we could trace the starch from our house to a house in St. Giles's; I went and got a search-warrant from Justice Welch, and went to the house; we wanted to go into a room, nobody would open it; the constable broke it open, there we found 23 papers of starch, with an apron thrown over it; the prisoner Johnson and Marsh were taken before they came to the house, we brought them and the woman of the house to Justice Welch; the men were discharged, and I was brought over to prosecute the woman last sessions for receiving the goods; she said the starch was brought in unknown to her; that bill has not been tried.
Q. What time did you go to bed over night?
West. I went to bed about eleven, all was fast then, and the window whole; in the morning I found there was a whole pane taken out.
Mr. Slaytre. I seeing the breach in the window, and missing the starch, traced it to this house in St. Giles's there was some scattered within the door of the house; I told the woman we had a search-warrant, her name is Harrop, we broke the room door open, and there found 23 papers of starch. The window was safe about a quarter past ten over night, and we found it broken about a quarter past six the next morning.
William Marsh . I was concerned with the two prisoners in breaking the prosecutor's window; Johnson was the person that broke it and took out the starch, and delivered it to me and Bohannan; we carried the starch to Harrop's lodging.
Q. What time of the night was it when you broke the window?
Marsh. As night as I can guess it was about half an hour after three in the morning.
Q. Which of them brought it in?
E. Harrop. Marsh and Bohannan did.
Q. What time?
E. Harrop. I believe between two and three in the morning.
Thomas Wilson . On the 12th of March I searched this woman's lodging; I found the starch all in papers, covered over with an apron; the room door was locked, the woman refused to give me the key; we seeing starch scattered about, we pulled the staple out and got in; we found Johnson and Marsh coming up the street; I did not see Bohannan at that time; I took them with the woman; nothing could be made out against the men at that time, they were discharged.
Mr. Graham. I am a constable; I had a warrant from Sir John Fielding , I took Bohannan in Westminster, and Johnson I took in St. Giles's the 18th of last month in the house of Boswell, he had a stick in his hand, and could hardly walk to Sir John Fielding's; I believe he had the goal distemper and foul disease together; going down he asked me what was the matter; I told him Elizabeth Harrop was turned King's evidence.
West. This was the second time they were taken up.
Q. to Graham. How did Johnson seem to be the first time he was taken?
Graham. He seemed to be very well then.
I am as Innocent of what I am accused of as the child unborn; I went along with a person, and Marsh happened to be present at the time; he was talking about one thing and another, the facts he had committed; two or three days after Marsh was there; he asked me to drink along with him, I did; and the must nows I heard was, this Marsh and Johnson were taken up; I saw no more of them till after I was taken up.
Marsh said at Mr. Welch's he had been acquainted with me about two days; this woman was admitted evidence; she said she saw me come into the room and brought nothing with me, and went out again, and came in with more starch; I know someone of it than your Lordship does, for I was in bed when the fact was said to be committed; Graham knows I was sick at the time.
- Johnson. I am his father, I sell poultry; I left my son in bed on a ground floor on Saturday the 11th of March; when I got up, before the bell rang five, he was very bad, groaning very much; he has got the foul distemper; my wife goes to Billingsgate, and I to another market; we went out together.
Both Guilty . Death .
(M.) They were a 2d time indicted for breaking and entering the dwelling-house of William Griffin on the 11th of March , about the hour of three in the night, and stealing three cornelian seals set in metal, value 4 s. three cornelian seals set in silver, value 2 s. a pair of crystal sleeve buttons set in silver, value 2 s. two pair of mocha sleeve buttons set in silver, value 4 s. three pair of earring
William Griffin . I live near St. James's-market , I deal in toys ; on the 12th of March, early in the morning, between two and three o'clock, I was alarmed with thieves breaking in at the window, I came down undressed; before I came down there were four holes bored through the shutter, and the glass was broke; they were taking the things mentioned in the indictment out, the noise of my coming down prevented them from proceeding; I opened the inside shutter, and heard a hand in among the goods; I left all safe, and the things were in their places in my shop when I went to bed; the things mentioned in the indictment were taken away; a few days after a neighbour let me know there were such like goods I had lost at Justice Welch's; in consequence of which I went there, and saw my goods with my own hand-writing upon them; there were not all, there wanted two articles, a smelling-bottle and the mocoa-ring.
Thomas Wilson . I am the constable, I went with the search-warrant, and found these things; Mr. Griffin owned them (produced and deposed to;) they were in a drawer, in the same room where we found the starch, as mentioned in the other indictment.
William Marsh . About two in that morning Bohannan and Johnson set out with me, with a design to rob Mr. Griffin's shop in Charles-street; we had taken notice of this shop before in the daytime, we had seen these things here produced, and several little things within-side the window.
Q. How long had you known the two prisoners?
Marsh. I had known Bohannan about three or four days before this affair, and Johnson about three weeks; when we came to the house I was placed at the corner of the street next the market, Bohannan at the other end of the street, and Johnson made the holes in the shutter with a stock and bit, I both saw and heard him; after he had made the holes he cut the remaining wood out with his knife; after that he broke the glass, and put his hand in, and took some things out, and gave them to Bohannan; after Bohannan had them in his possession, Johnson was dubious whether he would convert them to his own use, therefore he desired him to give them to me, which he accordingly did; they were found in Elizabeth Harrop 's lodging in a drawer.
Q. Who put them in the drawer?
Marsh. I might put them in myself; the next day I opened the drawer, to see if the things were there, and I saw them; immediately after we had taken these things from Mr. Griffin's shop, we went to Mr. Jackson's, and there took the starch.
Q. When was it you observed the shop of Mr. Griffin's?
Marsh. I was at it the evening before with Bohannan and Johnson, about ten o'clock.
I never saw that woman's face till I saw her at Sir John Fielding's office.
I am quite ignorant of the affair, they swear to take our lives away.
Alexander Bohannan. I am father to Bohannan the prisoner, I live by the Seven Dials, my son lived with Mr. Cade.
Q. Where did he lodge in the middle of March?
Bohannan. I cannot answer to the time, I never heard no harm of him.
Ann Bohannan . I am his mother, he has never been a night out of our house for this last twelvemonths; he never was out of our house after ten o'clock; and went to his work from our house at six in the morning, and came-home between nine and ten; I always had a particular care of him to keep him from bad company.
Both Guilty. Death . Recommended .
369. (M.) Elizabeth Hoskins , otherwise Helkins , spinster , was indicted for stealing a pair of silver shoe-buckles, value 8 s. and a pair of silver sleeve-buttons, value 1 s. the property of John Crowthers , May 5 . +
John Crowthers . This day fortnight, between one and two o'clock, the prisoner came to my house (the Carlisle public-house) in Shoreditch, and called for a pint of beer; she asked me where my little boy was, saying, she should be very glad to see him, that he was just like a little boy she had that died, and said she had something to give him; she asked where he went to school, I told her; after she had drank her beer; she went
Elizabeth Rowland . The little boy comes to school to me; the prisoner came to my house on the 5th of May, and asked if there was not a little boy came there, whose father lived at the Carlisle, and described his dress; I said, yes; she said, his father has sent me for him; she took him in her arms, and carried him out of the yard, I thought very tenderly; he then had a pair of silver buckles in his shoes, which had been his mother's that is dead.
Francis Waters . I lodge at Mr. Crowther's. On the 5th of May I saw the prisoner sitting drinking a pint of beer there; she asked for the child, saying she had a child died much like it; the child was called in; she gave him two or three crabs; the father told the child he must go to school, he went; the prisoner asked him where the child went to school; he told her; she said she wondered he let him go alone.
Richard Johnson . I lodge at the school-mistress's. Between two and three in the afternoon that day, the prisoner came down the yard part of the way, and returned back again; then, she came again and asked for the child; she took and carried him out of the yard, that is all I saw of it.
Crowthers. The child came home without his silver buckles in his shoes, or sleeve buttons in his shirt; he had them both on when he went out to school; I asked him where they were; he told me the woman that gave him the crabs had taken them.
Q. How old is the child?
Crowthers. He is five years and a half old; the prisoner has been at my house once or twice, but I never knew where she came from.
Q. Did you find the buckles or buttons again?
Crowthers. No, I never did.
They took me up, and I did not know what it was for; I am innocent of it.
Guilty . T .
William Elliot . I keep a public-house in Chandler's-street near Grosvenor-square . On the 3d of May, about eleven o'clock, my wife went to her drawer, having occasion for a table-cloth, she missed one; upon which I went to the pawnbrokers to enquire if any had been brought, and the second that I went to which was in Oxford-road, named Glade. I described my linen as all marked with boiled oil and vermilion; Mrs. Glade produced a table-cloth and a napkin, which I knew to be mine, marked W. E. (produced and deposed to;) she said they were pawned to her by a very likely young man, which she should know again if she saw him; he was taken by the pawnbroker afterwards.
Anne Bey . I am servant to Mr. Elliot; I had put the table-cloth in the drawer in the kitchen, about half an hour after three o'clock; the prisoner came in for a pint of beer, I dreamed it, this was about half an hour after four; he asked my mistress whether any body had been there waiting for him; he said about a quarter of an hour, and part of the time in the kitchen by himself.
Mr. French. I was at the prosecutor's that afternoon about two hours; I saw the prisoner in the kitchen and spoke to him.
I never was in that public-house nor pawnbroker's in my life, till they took me up, I am a gentleman's servant.
To his character.
Guilty . T .
William Harrison . Last Tuesday evening, about a quarter before eight o'clock, I was in the Fleet-market, near Holbourn-bridge , going home to Red-lion-square, I felt something at my pocket; I clapped my hand down and missed my handkerchief, and turned about, the prisoner was close by me; I took him by the collar, and saw my handkerchief on the ground by him, there was no body near us; I took him into a shop, he there said it was the first crime he ever committed, and he would go down on his knees, and ask my pardon, and promised he would never do the like again.
Q. Did you see it fall?
Harrison. No, I did not ( produced and deposed to.)
I never was in trouble before, I do not know what to say.
James Watson , a watch-key maker, to whom the prisoner had served almost his seven years apprenticeship, Hannah Rimington , Thomas Cann , James Winter , John Blame , William Dorril , John Lampard , George Winterbottom , and Elizabeth Wright , gave him the character of an industrious sober lad.
373. (L.) Anne Thomas , spinster , was indicted for stealing nine guineas, one half guinea, one quarter guinea, one 36 s. piece, and one four guinea piece of gold , the property of Archibald Innis , April 15 . ++
Archibald Innis . I live in Queen-street, near Well-court, at the house of Alexander Smith , and deal in cloth, stockings, threads , and the like; about eleven at night last Friday, the prisoner came up to me as I was coming into Half-moon-passage ; she asked me for a shilling; I told her I had none for her; she clapped her hand upon my pocket, and said, you have got money; I said, I have got none for you; before I knew what I was about, she pulled all my pocket out with her hand, and tore my breeches; I heard my money drop down, there were several guineas; I called the watchman, Mr. Jones came to my assistance first, I desired him to stay with his lanthorn; I picked up one guinea at my foot, I charged him to take hold of the prisoner; he did, and took her to the watch-house; she was searched, but no money found upon her: a little after a boy brought me two guineas, and said he found them at the place where he saw us; when the prisoner came up to me first there was another girl with her, the other girl did not lay hold of me; I never saw the prisoner in my life before, I know the prisoner took my money from me, what she did with it I do not know.
Q. Did you see her take it?
Innis. She tore all my pocket, and I lost my money by that; it was by her means that I lost it.
Court. It does not follow from that that she took it; there was another woman with her, did you observe either of the two women stoop to pick the money up?
Innis. Not that I saw, I had hold of the prisoner.
Q. What money had you in your pocket?
Innis. I had sixteen guineas and a half, a 36 s. piece, a 5 s. 3 d. and a 4 s. 6 d. I only saved four guineas in my pocket, and one I picked up, and two were brought me.
Innis. No, I did not.
Q. Did you let the other woman go without searching her?
Innis. The watchman searched her, but found nothing at all upon her?
Q. How near was the other woman to the prisoner at the time you lost your money?
Innis. She was close by her.
Q. Was any body else near you?
Innis. No, nobody was when they stopped me first.
Q. Did you search the ground carefully?
Innis. The two boys went back to search, but I did not.
Court. Perhaps all your money would have been found if you had searched there.
Innis. I was a great deal surprized, and thought they had had the money?
Q. Have you ever had reason since to believe they had your money?
Innis. No, this woman at the bar was the occasion of my losing my money.
Mr. Bland. I was coming from Bishopsgate-street at eleven o'clock that night, I was just entering into Leadenhall-market, that part that is the leather market; a gentleman who lodges with me was with me; there were a few people gathered together, curiosity prompted me to go and see what was the matter; there were two women in custody of the constable; I went with them to the watch-house, the young man showed me his breeches, and said he had been robbed of his money; there was charge given of the woman at the bar, and the other; the prisoner did not give any account of herself, she gave charge for charge; they were searched, but no money found; afterwards there was some money brought in, but I know nothing about that; I was very much surprized to find myself bound over on so strange an affair as this, because I knew I was like a chip in porridge, doing neither good nor harm.
The constable gave an account of his searching the prisoner and other woman, but found no money upon neither.
Elizabeth Perkins . I am wife to Thomas Perkins , and live in Robinhood's-court, Shoe-lane . On Saturday the 23d of April in the morning, my husband was gone out to work, he opened the window before he went out; I soon heard the cry, stop thief, it awaked me; the prisoners were brought up to the window to me as I was in bed, and my cloak was brought with them, it was in my room when I went to bed.
Margaret Riley . The two lads at the bar and another, came up the court looking into all the houses; I told my daughter I believed they had some bad design, I saw them go into Mr. Perkins's house; they came out with this cardinal, I took hold of him that was without with it, the other was on the inside the house; they had been both in the house, we had assistance, and secured them both (the cloak produced and deposed to.)
Mary Bantini . About a quarter after seven that morning I saw the two prisoners and another ill-looking fellow looking in at the windows in the court, and soon after I heard the cry, stop thief; I ran to see what was the matter; I laid hold of Griggs, and held him till the people came and took him from me.
I was going up Shoe-lane to work, I knew my fellow-prisoner by sight, having been at work at buildings with him; I saw him at the bottom of the court, another chap walked up the court; I saw a cloak lying at a door, we both offered to take it, it lay upon the threshold, I got it first; I was going on pretty fast, a woman called, stop thief, and a man knocked me down; I dropped the cloak, there was another lad secured along with us, he was seen to go through the court with a hat in his hand.
I work for a bricklayer, I was going to work with Hardy, we saw this cloak lying, we picked it up.
Both Guilty . T .
John Mapson . I was going up Ludgate-hill last Sunday night, between nine and ten o'clock; I had just turned into St. Paul's-church-yard , Mr. Pain came to me, and asked me if I had not lost my handkerchief; I felt, and found I had; he took me back to the prisoners, and said, these are the persons that have taken it; I laid hold of one, and Mr. Pain the other; the handkerchief was then dropped between them; a gentleman coming by picked it up (produced in court;) to all appearance it is mine, though I have no direct mark
William Pain . I met these two lads, one I know very well, I turned and followed them; just as they were turning the corner of St. Paul's-church-yard, Willoughby put his hand into the prosecutor's pocket, and took out a handkerchief; I stepped up to him, and said, you have lost a handkerchief (the rest as the prosecutor had said.)
I know nothing of the handkerchief, nor never saw it; I am a shoemaker , and work with Mr. Keele in Old-street.
Mr. Keele appeared, and gave him a good character.
Both Acquitted .
James Williamson . I am a shoemaker, and keep a clothes-shop and a shoe-shop in Chick-lane ; on the 20th of April I saw the two prisoners in a shop whispering together, not as if they were likely to buy; soon after I heard they had been in my shop and robbed me; they were taken.
Anne Page . I keep a clothes-shop in Chick-lane, I was standing at my door, and saw the two prisoners, Wilmer went in at Mr. Williamson's door, Beacham stood at the door; she took a pair of stockings from the window, and put them into her apron, and then went into the shop; I went and told Mrs. Williamson of it; after they were gone out she went and brought them back.
Williamson. My wife is not here, but I heard Beacham confess she took a pair of stockings my property.
John Cook . I was the constable that had the prisoners in charge for stealing a pair of stockings; Beacham confessed she took a pair from the outside the window, and went into the shop, and dropped them at the end of the counter; there they were found (produced and deposed to by prosecutor.)
I am a poor hard working woman, I never saw the stockings.
They asked sixteen-pence for a pair of shoes, that was too much money; we went down Field-lane, they came after us; we were taken to the watch-house, after that they brought a pair of stockings there to us.
Wilmer Acquitted .
Beacham Guilty . T .
Elizabeth Groves . I live in New Broad-street , the prisoner was my servant ; I lost a cloak, I cannot tell the day, I did not miss it till after she was gone; I paid her on the 13th of April, I found the cloak pawned in her name in Houndsditch.
My mistress promised me this cloak, so I thought no harm to pledge it.
382. (M.) Anne Burn , spinster , was indicted for putting Anne Stephens , spinster , in corporal fear on the King's highway, and robbing her of two linen shirts, value 8 s. two pair of worsted stockings, value 2 s. two linen stocks, value 2 s. a linen cap, value 6 d. and a linen handkerchief, value 1 s. the property of Timothy Lewis , April 19 . *
Timothy Lewis . I delivered the things laid in the indictment (mentioning them) to the child , named Anne Stephens , on the 19th of April, about six in the afternoon, at Mr. Graham's in Pall-mall, for her to carry to her mother to wash for me; her father and mother lives in Dover-yard; the next day I heard she was robbed of them, and the thief in the Round-house; I went to her, it was the prisoner; she owned to me she pushed the child down, and took the bundle from her (produced in court and deposed to.)
John Thomas . I happened to be in the yard where the child's mother lives; the child came crying, and said, she had been robbed of her bundle in Dover-street, Piccadilly ; she said it was done by a youngish girl with a red cloak and a black hat; I pursued up Albemarle-street, and overtook the prisoner; she was putting her cloak
I was going along, and picked up this bundle.
Guilty of stealing only . T .
383. (M.) Mary Edwards , spinster , was indicted for stealing two linen sheets, value 6 s. two shirts, value 4 s. a linen bed-gown, value 4 s. two linen robes, value 1 s. a linen shift, value 1 s. a linen apron, value 1 s. a silk and cotton handkerchief, value 1 s. a copper tea-kettle, value 2 s. the property of John King , March 3 . *
John King . I live near the Seven-dials ; on the 3d of March, the things mentioned were missing from a fore-room up one pair of stairs, as they were hanging to dry; I carried a list of them to Sir John Fielding 's; they were advertised, we heard nothing of them till last Sunday was se'nnight; we took the prisoner up, she made her escape from the constable; she was taken again, then she acknowledged she took the things, and had pawned them, and begged she might get them out for me: on the Monday she got a person to pay for them; we went to the several pawnbrokers, and got them out; when we went to Sir John Fielding 's, we were told it was not according to law, and I returned the things again to the pawnbrokers; it was by her direction we found them at three different pawnbrokers.
They produced the things pledged by the prisoner, which were deposed to by Mrs. King.
I fetched them all out and paid for them myself, and acknowledged my fault.
Mrs. Briant. My husband is named John Briant , he is a butcher ; we live in Ave-Maria-lane near St. Paul's, we have lost 14 sheep; our servant Joseph Lawson that has the care of them, can inform the court.
Joseph Lawson . I am servant to the prosecutor, I live at his country-house at Southgate ; we having lost several sheep out of the ground there, I hired a man to watch on nights; as soon as he and I got to the gate on Tuesday night last between ten and 11, I heard the sheep bells make a considerable noise; we saw a man and a woman bring a sheep out of a pen; they had made a pen with some hurdles which were round a hay-cock, which they brought and added to some which were round a stump of a hay-cock, and had got all the sheep up into it; they tied three of the sheep's legs and laid it down near a hedge; Platt that was with me was for waiting to see if they would kill it, but I said, no, they shall not kill it; we went up, I said to the man, tell me who you be, or I will blow your brains out, we had guns; it were the two prisoners; they shoved themselves back into the hedge; the man went on his knees, and said, for God's sake, do not hurt us; I said, I am afraid God has nothing to do with you, you have no business here; I brought them down the fields to a house called Bowes Farm, the sign of the Cock; it was a weather sheep, my master's property, I marked it myself with the letter B on both sides; I found three knives upon the man, one a butcher's knife, (produced in court,) I believe the woman passes for his wife, they travel the country.
I go about the country gathering herbs in the fields, which I keep Covent-garden market with, and supply some gentlemen in the city with all kinds of seeds and roots; I went there to get some tormentil roots; I found the ground had been disturbed, and I could not find any; I said to my wife I will go back again, and go into the fields and gather some roots; when I came over the gate, I saw a little hay in a corner, there we sat down; I drawed the hay over my wife's legs, and we fell asleep, and about nine or ten o'clock somebody ran over my wife's legs; she cried out; I rose up and saw a boy, but I did not see any sheep; I said, Betty, let us go about our business, there is a boy and two men gone by; we were going away, and these two men came with their guns; then I saw a sheep or lamb lying by the side of a ditch; I can take my sacrament of it, I am as innocent of it as the child unborn; they came up and charged me with it; that long knife was made me by a smith, on purpose to dig up tormentil roots; I was bred a gardener.
Nobody can accuse me with any thing of this sort; I never did an unjust thing in the world;
Lawson. I did go to her, and desired her to speak the truth, and tell the people's names that received the sheep; as to her husband, I said he must take his chance.
Q. Did you see a boy there?
Lawson. No, I did not.
Platt. When we got betwixt twenty and thirty yards of them, we could see them walking about in the pen, and could distinguish there was a man and a woman by their clothes; we saw the man bring the sheep out of the pen.
The man Guilty . Death .
The woman Acquitted .
386, 387. (M.) Thomas Gilberthorp and John Green were indicted for the wilful murder of Thomas Smith , the first for shooting him with a gun loaded with gunpowder and leaden shot, and the other for aiding, abetting, comforting, and maintaining him to do and commit the same , April 20 . *
Paul Heritage . I am a white-smith; I was coming from Wapping-wall on the 20th of April in the evening, about a quarter before nine; I turned round on my left-hand, and crossed the kennel in New Gravel-lane.
Q. Where does Mr. Green live?
Heritage. He keeps a public-house at the end of New Gravel-lane ; I heard a gun fire over my left shoulder, to my opinion it came from a two pair of stairs window in Mr. Green's house; I saw the smoke in the front of his house.
Q. How near was you to his house?
Heritage. I was within six yards of it.
Q. Did you see who fired it?
Heritage. I did not; directly observed a man about three yards before me, he took hold of his left thigh, and said, O Lord, I am dead, I am dead, I am dead, I am shot; I was willing to get out of the way; I came directly to New Crane-stairs.
Q. Was there a mob there?
Heritage. I saw no mob there at that time, there might be people passing and repassing.
Q. Did you know the man that was shot?
Heritage. I don't know that ever I saw him in my life before.
Q. Did you observe any body in Green's house?
Heritage. No, I did not; I believe the house was all fast to the best of my knowledge; I had heard there was a tumult before I came there; they got lights up in the windows, otherwise the windows would have been broke.
Q. Did you see the dead body afterwards?
Heritage. I did not.
Q. Had the man said or done any thing?
Heritage. I did not hear him say or do any thing; he was meeting me; he might make a stop, I do not know.
Q. How many people might you see in the street at that time?
Heritage. There was him and a woman, and I met two or three people going to and fro, I saw nobody standing still; I had been at Mr. Cliff's at Wapping-wall, an hour and a half, or more; the landlord of the house came home and said, here is a piece of work, they are putting up lights, I'll put up no lights for them, it is Wilkes and coal-heavers for ever; I said if I see cause, I'll put up lights, or I shall have my windows broke too.
Anne Davis . On the 20th of April I was going to the tallow-chandler's for some candles, between eight and nine at night; I saw no disturbance, I did not pass three people in the streets; the houses were all lighted up at that time for Mr. Wilkes; I was in Wapping-street, a little distance from Mr. Green's house on the other side the way; I met the cobler that was killed.
Q. What was his name?
A. Davis. I do not know; I observed a flash of the pan come out of Mr. Green's two pair of stairs window; I heard the report of a gun; the cobler held me by my gown; I said to him, pray let me go; he said, Mistress, I am killed, I am killed, I am killed; I lost my senses; I looked down and saw blood run from him on the ground; I got from him and made my escape to Mr. Axford's door, after that I was carried home.
Q. Did you see or hear any mob?
A. Davis. There was mob about half an hour before that; there were people running about calling out Wilkes for ever.
Q. How many people might there be in the street when the man was shot?
A. Davis. There might be a dozen for what I know; they called out for candles to be put in the windows; I heard no other cry but Wilkes for ever.
Q. Did the cobler die?
A. Davis. He did, I saw him dead the next day lying in a shall; I did not see the wound.
Q. What was his name?
A. Davis. I do not know; Mr. Green's house was shut up, and his one pair of stairs windows were full of candles.
Q. Do you know who were in his house at that time?
Q. Were is windows whole then?
A. Davis. They were all whole at that time?
Q. What do you know against either of the prisoners?
A. Davis. I know nothing at all against them.
I know nothing of what I am charged with.
I know nothing more than this, I never fired a gun till I was under the greatest necessity to preserve my own life and property; upon their threatning my wife and family, they had laid from my house not less than a fortnight before this, under apprehensions that we should have our house torn down over our heads; there never was a gun fired out of my house, but when we were under the greatest necessity to exert ourselves to keep them from breaking in.
For the prisoners.
Thomas Overstall . On Wednesday the 20th of April, between eight and nine, near nine in the evening, I had been at the barber's shop; passing by Mr. Green's house going to Mr. Wallis's, I met a friend that had lodged with me about 8 years; I asked him to go with me there to drink a pint of beer; he said, they are shut up; we stopped talking together two or three minutes, there came up about half a dozen men; they said, who are you for, to one another; one said, I am for Wilkes; d - n you, said others, I am for Bute; after that they began to swagger with sticks to one another over their heads; we went away directly; my friend went cross the way, the people heaved stones from the streets to the windows of Mr. Green; there were a great number of people in the street, who they were I cannot tell.
Q. How near was you to Mr. Green's house?
Overstall. I was within three or four doors of it when the man was shot; there were stones thrown up at his windows to storm his house, and very bad language going forward; I saw brickbats and something of a light cast thrown up at his windows; the woman was putting up lights out at the time in his house, that was before the cobler was killed.
Q. Did you see the cobler fall?
Overstall. No, I heard him, but I did not go to look at him, I heard him groan.
Q. Where do you think the shot was delivered from?
Overstall. I do actually think the shot was delivered in the street, I heard the gun go off; the flash of the powder seemed very low, and I saw a man jirk something under his jacket, either a truncheon or somewhat, I could not tell; I suspected it was him that shot?
Q. What do you mean by the word low?
Overstall. It seemed to be near the ground.
Q. Do you think it could be from a two pair of stairs room in Green's house?
Overstall. No, I think it could not; I saw that man that jirked something under his jacket the next morning firing at Mr. Green's house many times.
Q. What is his name?
Overstall. I don't know his name.
Q. How near Mr. Green's house was you, when you saw that firing which shot the cobler?
Overstall. I was about fifty yards from it; I never heard any other gun fire that night till between ten and eleven o'clock.
Q. Did you observe where that man stood at the time of the flash?
Overstall. No, I did not.
Q. Was it on the same side the way Green's house is, or the other side?
Overstall. It was on the same side, about four or five yards from his door-way, just in the alley that comes round the back part of his house.
Q. Do you know the cobler's name?
Overstall. No, I do not.
Q. How long had you been there before that gun was fired?
Overstall. I believe about six or eight minutes; there were numbers of people in the streets passing and repassing, but who they were I do not know; I did not see it, but I was told there had been rioting before.
John Harrison . I am a shipwright. On the 20th of April in the evening I was in this place, it was nearer nine than eight o'clock; when I came almost opposite Mr. Green's house, I met Mr. Overstall; he asked me to go back and drink a pint of beer to Mr. Wallis's; I stopped some time; there came some men, six or eight of them, from New Gravel lane, in a riotous manner, some with sticks; they said to one another, who are are you for; one said for Wilkes, another said for Bute; we parted; I had not gone the distance of ten yards, I heard some stones throwed, one of them fell near me; I looked round, and instantly a gun was fired; I ran round the corner and stood there, then I thought. myself safe; I recollected my friend, I heard somebody squall; then I went back and found a man breathing very hard, leaning towards the houses; I cannot say I saw the flash, nor can I form any judgement from whence the piece
George Club . On the 20th of April I was in my own shop at the time the cobler was shot, that is about twenty paces from opposite Mr. Green's door; I heard the gun go off, I said to my wife, that is exactly at my door, my shop was shut up; I heard somebody shriek out; I looked upon it, it was to throw an aspersion on Mr. Green, that they might have the more reason to fall upon his house, there was a great deal of noise in the street. After the man was shot, I went up and looked out at my chamber window; there was a great deal of mobbing in the street before the gun went off, of shaking their cutlaces together, and striking them against the wall, I could hear them ring, calling out Wilkes and coal-heavers for ever; I saw the man from my window lying, and the blood running about him; this might be about three or four minutes after the gun went off; I could see this by the candles, they were lighted up at the windows; I did not know the man, by report he was a shoemaker or a cobler.
Mrs. Club. I am wife to the last witness. About eight o'clock that night I was in the highway, I met some young men running along; I had a young woman along with me that was not capable of walking fast; they desired me to go into some house; when I was got about half a quarter of a mile, we saw about eighteen or twenty coal-heavers, some with sticks, some with cutlaces, a little below Shadwell; the person with me being big with child, I told her I could call out Wilkes and liberty too for us both, and bid her not be afraid; some young men in leather aprons, I believe they were shoemakers, they desired me to get into some safe place; I made for home; when we got home, I said to my husband, why do not you shut the door, they are coming; immediately Mr. Green's windows smacked with stones, or something which they throwed; I heard the people say, they would have Green's life that night; I went to light candles, I heard a firing; I said to my husband, that is not at Mr. Green's house; he said, no, my dear, that is at our door, it seemed as if directly at our door; I saw a person pick up stones and break Mr. Green's windows, before our windows were shut in; I saw the shoemaker out at our window lying before he was dead; he was a stranger, I do not know his name; I remember one day about the beginning of that week, the coal-heavers took Mr. Green by the collar, and said they would have him ducked among the rest, this was at his own door.
Mary Taylor . I live in Gravel-lane facing Mr. Green's. On the Saturday before the 20th of April about nine in the forenoon, there was a whole mob of coal-heavers assembled together at Mr. Green's door, the street was full; they said they would have his life; one of them got upon the steps and took him by the collar, and said, you villain, we shall have your life; they continued there in that riotous manner about a quarter of an hour, then went away; they returned again on the Sunday morning, I heard them break his windows; I got up and looked out at my window, this was about one or two o'clock, they were breaking the lower shutters; there were more of them I believe than there was on the Saturday; several of them said they would have Green's life, and throwed stones up at his windows; they said they would have his heart out and broil it; they tried to break the door; they might be there till about four o'clock, when it was day-light; they threatened his life all the time, from the Saturday till the Wednesday. On the Wednesday night between seven and eight at night, there was a large mob of coal-heavers at the top of New Gravel-lane broke several windows, and pulled the frames out at a public-house called the Sheep and Shears, and let all his liquors out, and destroyed the goods in the house; every body were shutting up their shutters as fast as they could; several of the mob went down Wapping-wall with drawn cutlaces in their hands; when they came to the sign of the Queen landing, they ran their cutlaces through the windows; then they came back again to Mr. Green's, he was then shutting up his shutters; he had not time enough to bolt them; he called out, for God's sake, for somebody to hold them while he bolted them with inside; I went and stood upon a post, and held the bolt till he fastened it within; they soon came and throwed stones up to his windows, and called Green, you bougre, why don't you fire, Jack Green, why don't you fire; after they had broke his windows they ran away; presently after I was looking out of my own door, I saw a flash of fire, but where it came from I do not know, it seemed to be half a dozen doors from me; the flash came from a distance from Mr. Green's house; it was then that the cobler was killed; there were a great many people in the streets at that time; after the cobler was wounded, the mob surrounded the house with throwing of stones. Last Saturday night I
Both Acquitted .
The witnesses were examined apart.
Thomas Axford . I keep the Swan and Lunb, a public-house near New Crane ; William Wake had not been gone out of my house much above five minutes that Wednesday night before he was shot, which was much about nine o'clock; I saw him just by Green's house upon the flap of his cellar window.
Q. Was there a mob at that time?
Axford. There was; they reported several scandalous words against Mr. Green, but who shot Wake I do not know; I will tell the whole from the beginning. There happened to be a disturbance in Ratcliffe-highway on that Wednesday; about eight at night there was a report came to shut our windows up, there was a mob coming; I and all my neighbours round got our windows up; soon after that they came running by, calling out Wilkes and liberty, and coal-heavers for ever; I believe in about two minutes after that, two men came running, d - n you, light up your candles for Wilkes; upon which I went and pulled down one end shutter and a young fellow the other, and light up one candle below stairs in the front, and illuminated my house above; I went to the door and saw every house round me was illuminated; Wake came into my house with a servant maid that lives not five hundred yards from me, they had a glass of gin and bitters; I asked him what they had done with Mr. Wilkes; he said he is cleared till the parliament sits, then he is to be tried by the House of Lords; I said, I am very glad to hear it; the girl that treated him desired him not to go among the mob; he followed her out and went cross the kennel, what he did after that I know not.
Owen Harrington . The night this happened I heard a report in the neighbourhood of a murder being committed by John Green, opposite his house, which occasioned me to go and see; when I came to his house I saw William Wake cross the kennel a little bit more than John Green's house; I had no watch about me, nor did I see a dial, I take it to be about nine o'clock, at the time Wake came opposite John Green's bar-window, betwixt the post and the kennel; I saw John Green put his head out of a window in a one pair of stairs room, he put his arm out and most part of his body with a blunderbuss or a gun, and shot William Wake dead; I was within the space of three or four yards of Wake.
Q. Was there a mob there?
Harrington. From the end of Wapping-wall to New Crane as I could see in the street, to the best of my knowledge there were not above a dozen people.
Q. Are you sure of that?
Harrington. There may be more, for I could not see them; there may be three or four in a place, and two or three in another, there may be more in another.
Q. What were they doing?
Harrington. They were doing nothing at all as I saw.
Q. What had Wake in his hand?
Harrington. His left hand hung down as low as his hip, and may be lower, his right arm as if it was in his bosom; he had nothing at all in his hand.
Q. What distance was he from Green's house when he was killed.
Harrington. He was about four or five yards, I don't know the distance, I have not measured the place; I will not do any thing to hurt my soul; I take it to be the common distance as between a house and a post.
Q. Was he in the foot-way?
Harrington. He was.
Q. What is your profession?
Harrington. I am a Roman catholick.
Council. So much for your religion, now for your trade; you do not live by your religion I suppose?
Harrington. I am a coal-heaver.
Q. As you are a Roman catholick, will you swear there were no more but a dozen people there at that time?
Harrington. No, I will not.
Q. Will you swear there were less than fifty before Green's door?
Harrington. I could swear there were but a dozen.
Q. Do you think there were less than twenty?
Harrington. There were not twenty.
Q. Do you think there were ten?
Harrington. I am sure there were not ten.
Q. Did you see Green's windows?
Harrington. I did.
Harrington. I cannot say the sashes were lifted up.
Q. What were the people doing?
Harrington. They were passing by, or standing; they were such as I saw in the streets.
Q. Do you think these men had not threatened Green that were bef ore his door?
Harrington. They may threaten him, or may not, for what I know.
Q. Did you see any brickbats throwed?
Q. How do you imagine the windows came to be broke?
Harrington. They must be broke by somebody.
Q. What people?
Harrington. I do not know.
Q. Do not you think the people that were met together had broke the windows?
Harrington. I am upon my oath, I do not know whether they broke them or not, I did not see them break them.
Q. Did you think they did?
Harrington. How can I tell.
Q. Do you think they did not?
Harrington. I do not know whether they did or not.
Q. Do you think these people were met together to do not harm?
Harrington. I do not know that, I do really think what brought people about the house first was, as a murder was done they came as spectators; I saw no mischief done at all.
Q. Do you think, if any damage was done to the house, the mob did it?
Harrington. I do think so, I did not see it done, so I will not be positive.
Q. How long might you be there?
Harrington. I think, as nigh as I can guess, about five minutes; I got away when I saw the murder committed.
John Matthews . When Wake was killed I was on the other side the way; he came up to Green's house (this was nigh ten o'clock;) I was standing close to Green's house; Wake said Green must be a vile man for shooting people going along the street; then he walked towards Green's door; I saw Green stretch himself out and fire, I do not know whether it was a blunderbuss or a musket, the man dropped down dead.
Q. How many people were there at that time?
Matthews. There were a great crowd, a very great crowd about the place.
Q. What were they doing?
Matthews. I did not see them doing any thing.
Q. Did you see the windows broke?
Matthews. I saw none broke at that time.
Q. How long had you been there?
Matthews. I had been there the space of half an hour.
Q. What was Wake doing at the time he was killed?
Matthews. He was doing nothing, he had his hand in his breast, and the other down.
Q. What distance was he from Green's door?
Matthews. He was about a yard from the step of the door.
Q. What is your business?
Matthews. I get my living by ballast-heaving.
Q. Are you not a coal-heaver?
Matthews. I never heaved a coal in my life.
Q. What was Wake?
Matthews. I do not know but that he might follow coal-heaving.
Q. Where was you when he was killed?
Matthews. I was about twelve yards from Green's door on one side, not in the foot-path.
Q. What made you stand there so long?
Matthews. I was amusing myself, and when I heard the man was killed I walked off; I thought they were going to kill a great many more.
Q. What distance of time between the killing the cobler and killing Wake?
Matthews. About a quarter of an hour.
Q. What occasioned you to stand still?
Matthews. To see what was going on.
Q. Who was it that was pulling down Green's shutters?
Matthews. I saw no body at that.
Q. Did not you see the windows had been broke?
Matthews. I know they had been broke before, I saw no windows breaking at that time, I could not see because the shutters were up.
Q. Were the shutters broke?
Matthews. I cannot tell that.
Q. Will you say they were not broke?
Matthews. I cannot say whether they were or not; I did not go nigh the place, there was a crowd before I came there, of men, women, and children.
Q. Were there any coal-heavers there?
Matthews. I cannot tell.
Q. Can you upon your oath say there was not a mob of coal-heavers there?
Matthews. I cannot tell what they were.
Q. Have you a doubt whether they were a mob of coal-heavers?
Q. What was Wake doing?
Matthews. I saw him making up towards the door, before I could say Lord have mercy upon my soul, he was dead.
Q. Was there not a noise?
Matthews. There was not, only asking Green to surrender himself.
Q. What did they say they would do with him?
Matthews. I did not hear them say they would do any thing with him.
Q. Did you hear no beating against the windows?
Q. Did you see no attempt to break the door or windows?
Q. Did you know any of the people that were there?
Malachi Doyle . I am a shipwright by trade, but have worked at coal-heaving some time; I was at the King's Head in King-street, drinking with some friends; I heard a report there was a man and woman killed by Mr. Green, opposite his house; I started up, and said, I shall go and see how it was; the landlady said, I shall not, (there was neither dial or clock, I do not know the time;) she said she would go and see, she returned in about eight minutes, and said there was a man shot by John Green.
Q. How far is the King's Head from Green's house?
Doyle. It is something better than half a quarter of a mile distant; I sat some time, and heard two muskets go off; I got up, and we all went down the street, and he that could run the quickest got there first; when I got there I saw sixteen or a dozen people, every window was illuminated.
Q. Were there no more do you think?
Doyle. There was a score at most, to the best of my knowledge; I saw the soldier, William Wake , go out of the Swan alehouse, and came close to Green's house; he stood with his right-hand in his bosom, dressed in his regimentals, within eight or nine yards of Green's door; he came close to post at Mr. Green's door; I said, what is all this, if this is the case it is no place for me to stay in; I made haste to Mr. Axford's door, I saw Green put his body out of a window with a fowling-piece or musket; he waved it to and fro, at that time there were two men close by his door; Wake was at that time betwixt the post and the kennel, within two or three yards of where the men stood.
Q. What were these men doing?
Doyle. Nothing at all as I saw; one stood at a distance from the other close to the door; there was a report, get farther off, get out from under the door, or you will be shot; he that was farther from the door ran in under the shelter of the door; Green planted his gun down to William Wake , and shot; Wake stood a very little time after he was shot before he fell; I went in at Axford's, and made a report that William Wake was dead; some of the people said he was just gone out at the door.
Q. How long was you in the street near Green's house?
Doyle. I did not stay near his house above two minutes before I went to Mr. Axford's house.
Q. How long did you stand at Mr. Axford's house?
Doyle. I staid there about three quarters of an hour.
Q. Was all quiet in the street when you was in the street?
Doyle. All was quiet there then, only Mr. Green shot Wake.
Q. Did you see no mobbing or disturbance?
Council. No window broke?
Council. No shutter broke?
Council. No threatening at all?
Thomas Maplan . I was drinking a pint of beer at a public-house in Ratcliffe-highway; a woman came in, and said, Mr. Green had shot a cobler; I thought it time to come home. I came out of the house; when it had struck nine I came home, and said, what is the matter; they said, Mr. Green is shooting every one that goes past; I saw him look out at a window, and fire directly; the people then said there is a soldier shot.
Q. How near to Green's house is that you was drinking at?
Maplan. That is about half a quarter of a mile distant; I did not go into my house, but stood at my own door, which is over-against Green's house; there were several men standing there.
Q. Did you observe Green's windows were broke?
Q. How many men were in the streets, were there an hundred?
Mapland. No, nor twenty neither?
Q. What were they doing?
Maplan. I did not know indeed.
Q. What are you?
Maplan. I keep a public-house, but work at coal-heaving.
Q. What was Wake?
Maplan. He was a coal-heaver when off his duty.
Q. Are there not many coal-heavers use your house?
Maplan. No, not a great many, only they that work with me.
Q. How long was your house kept open that night?
Maplan. I believe it was all night, the door was open all night.
Q. What company had you there?
Maplan. Some coal-heavers and some sailors.
Q. Were they mostly coal-heavers?
Maplan. I cannot say they were, there were several coal-heavers in my house that night.
Q. Did not you hear Mr. Green's house was assaulted?
Q. What was the language of that company, did you hear any of them threaten Mr. Green?
Q. Did you hear any damage done Mr. Green?
Maplan. No, I heard the woman say, when she came to Mr. Nightingale's, Mr. Green had shot a cobler.
Q. Did not you hear his windows were broke?
Maplan. I did not.
Council. What not till now?
Maplan. I heard it before now, but not that day.
Q. Did you not that night hear brickbats had been throwed at his windows?
Maplan. No, I did not.
Mary M'Kenzie. I heard Mr. Green had killed some people; I went to my father's, Mr. Maplan, just facing Mr. Green's, and up to the chamber-window (this might be night ten o'clock;) I saw Wake coming along between a post and Mr. Green's door; Mr. Green put his body and hands out at a window, and waved a musket about, and fired, and killed Wake; I ran down, and said, Mr. Green has killed a soldier; Wake was between a post and his bar-window.
Q. How many people might there be at Green's door?
M' Kenzie. There might be about twenty people backwards and forwards.
Q. Did you see stones throwed at that time?
M'Kenzie. No, I did not.
Q. Did you see his windows broke at that time?
M'Kenzie. No, I did not.
Q. When they told you Green was killing of men, did you hear nothing else?
M. M'Kenzie. Yes, people were crying out for Wilkes, and the mob were going along that way; then immediately I went to my father's, and to the one pair of stairs window.
Q. How long did you stand there?
M. M'Kenzie. I staid there a quarter of an hour.
Q. What were people doing?
M. M'Kenzie. I did not see any body doing any thing.
Q. Did you not go for the purpose to see what was doing?
M. M'Kenzie. Yes, I looked towards Green's house, but sometimes I ran down stairs.
Q. Did every thing appear very quiet?
M. M'Kenzie. There was nothing riotons.
Q. Then what were the people doing?
M. M'Kenzie. Only passing backwards and forwards, looking at the place, nothing outrageous.
I know nothing of shooting William Wake , nor no body else; but about the time they said a soldier fell, I was then desperately attacked; I had just let the constable in; the mob were crying, bring him down, that we may have him; all the arguments he could use, as long as he was able to stand in the front of my chamber-window, could not do to keep them peaceable; when that soldier fell, it was sometime after Mr. Carr the constable left me, I desired the magistrates might be sent for, in order that I might get relief; Mr. Carr staid as long as he dared; he said he wished he was out of my house with his life; I said to him, I hoped he would stay in my house, and vindicate my conduct; they were threatening my life, and attempting to force into my house best part of the night; Mr. Carr can best give an account when he came in the manner I was attacked, and the danger I was in, when he left my house, it was with the greatest reluctancy that I did fire,
For the prisoner.
James Carr . I am a constable; on Wednesday the 20th of April, about nine o'clock in the evening, there were about five or six of these men came to my house, and told me there was a man shot by Mr. Green, and desired me to go with them to take him in custody; they went to Justice Hodgson, and related the same story; he told them it was very odd he should be guilty of such a thing; if you have been guilty of rioting, he would have served you right if he had killed you all; the Justice desired me to go; I went with them; they said they would go, and aid, and assist me; I told them I desired no assistance, I desired them all to keep back; just as they got to the corner, they said, there he is; Mr. Green I imagine listed up the sash, and hallooed out Carr; I said I am come to see you, you have no antipathy against me; said I, I am come from Justice Hodgson, to know whether you will surrender yourself; he said, yes, but not to me only, without I had another officer; I was then in the street, going to fetch another officer; he called me back, and said, he would surrender to me; I went and staid a little time at the door; he shoved up the sash, and put out either a blunderbuss or a musket, and said, gentlemen, I desire you all to desist, for the first man that attempts to come into my house besides Mr. Carr, is a dead man; accordingly they did desist, and drawed about a dozen yards each way from the door; then he came down and unchained the door, with the fire-lock in his hand; I got in, and he fastened the door again.
Q. How many people might be there then?
Carr. I look upon it there were about fifty; when I was in I went up stairs; he took hold of my hand, now Carr, said he, I am happy (clapping his hand upon his breast,) that you are here to see into my conduct; I said, Mr. Green, I heard there has been a man killed by you, or through your means; his answer was, I am sorry for it, God rest his soul; there were a couple of panes of glass broke before I got in; I said, Green, have you any beer, let us have a draught, we were both thirsty; we drank, while we were drinking a pot of beer the riot began again; they desired me to bring him out, it was not in my power to bring him out, neither did I imagine he was safe in coming out with me; I begged of them, saying, gentlemen, for God's sake go away, and put three parts of my body out at the window, and said, go tell Justice Hodgson I am got into the house, and desire him to come here, and to go to the beadle, and bring the rest of the officers; accordingly they went for Justice Hodgson, but before he could come the mob got trying at the door with iron tools, and crawling up the iron at the door to get in at the window, and had their hands up at the penthouse, which is just over the door; I begged of them, for God's sake to des for I saw there would be some mischief; I said, stay a little, and I will give you all satisfaction to your own desire; Mr. Green happened at the same time to come and look over my shoulder; I saw some of their hands, he took a piece and fired it, and I suppose the soldier was killed by that firing; he put the piece quite perpendicular; I was affrighted myself, and would have given a million of money to have been out of the house, I thought my own life would have gone, there were brickbats and stones came in after the firing.
Q. What words did you hear at any time?
Carr. What words I heard were towards me, calling me thief, blackguard, and the like; when I looked out of the window I saw something in red clothes lie upon the left hand side the window; I heard a noise of instruments trying at the window, and I begged of them several times to desist; I only whipped out my head, and in again; Justice Hodgson came as fast as he could, he could not get within a dozen doors, for then there was a continual fire when they attempted him; he kept firing; I remember a large stone and a brickbat thrown at Green before the soldier was killed; the whole house was in great consternation.
Q. How long was you in the house?
Carr. I imagine I was in the house about three quarters of an hour; the mob continued in this manner; Mr. Green put a musket into my hand, and said, now Carr defend yourself and me; said I, do you mean to kill me; no, said he; I then crept down stairs, and opened the back door, and went out among them.
Q. What would have been the consequence, do you believe, if Mr. Green had not defended himself thus?
Carr. They swore, d - n them, if they would not have both him and me, and if they had me and him they would sacrifice us both.
Q. What would have been the consequence, if the door had been broke open, and the people come in?
Carr. I imagine, if that had been the case, I should not have been here now.
John Dunderdale . I am a shoemaker, I lodge in a room in Mr. Green's house; about eight o'clock the doors and windows were shut up; I was in my neighbour's room when the bell was going eight; I heard a noise, I went down stairs and asked Mr. Green if there was any disturbance; I was told there was, (the mob had been there on the Sunday morning before, they had broke the window shutters, and they were mended again,) the mob were striving at the windows and doors so break in, this was on the Sunday night.
Q. What was done on the Wednesday after?
Dunderdale. I cannot tell the time of the day exactly; there were some stones more or less came into the room; Mr . Green went to the window and said, I would advise my neighbours to get away, for I am determined to defend my house, I was then in the fore room; he called the maid, and said, let me have some candies, don't let me have my windows broke on the account of Mr. Wilkes or any one else? there were three of them lighting candles, Mr. Green was in the middle of the room; several stones came in while the candles were lighting up; there was some glass came against the girl's face: I heard the report of a piece, from whence it came I cannot tell, I was in the fore room, Mr. Green was about three or four paces from me along side me; I got out at a window on the top of the house and got away, and was out of the house at the time Wake was killed; the house was surrounded, and on the account of the concourse of people I could get out no other way; I heard a great noise from the people both before and behind; I heard them calling to the next neighbours to shut their windows and take in their lights; I went to the next door and staid about half an hour; then I went into the street among the people, I imagine I might be at New Crane corner when Wake was killed; I heard several pieces go off while I was there; a sailor climbed up to force the frame of the window, to get in, to get at Mr. Green, where the glass was broke; while I was in the house there were several pieces went off from the opposite window.
Mary Pugh . I was in Mr. Green's house when the riot began on the 20th of April; I had been out, and came home about five o'clock; I found the street door had been broke, and a piece of board had been nailed over it; I was told it had been done by the mob on the Sunday; I went up stairs, then we heard a noise below; I found several people were assembled about the house, I did not look out, but judged of the number by the noise they made; Mr. Green desired I would assist in putting up lights; he called out and said, my dear neighbours, I desire you will keep away, for I determine to defend my house all that is in my power; while I was putting up lights, I saw several stones thrown to the windows; I saw a flash of a pan which did not go off, from somebody in the street, it was intended against the dining-room window, then it was Mr. Green called out to the neighbours; I am sure I saw it, I believe it was the flash of a pistol; we stuck up several lights, but the clay was so hard which made it difficult to put them up; after that another piece was fired, but I could not tell from whence, whether from within or without, that I imagine was when the cobler was killed; after that I went up into a two pair of stairs room, there were stones throwing up all round the house; I went out of one room into another to avoid them; there was a great noise at the shutter and door of the house, they intending to get into the house; this might continue about three hours while I was in the house.
Q. Was you there when Mr. Carr came in?
M. Pugh. I was, he came in the time the riot was; I heard the mob say they would be the death of all in the house, not one should be saved alive.
Q. Was that before or after Mr. Green fired out of the window?
M. Pugh. That was before he fired, that seemed to be the voices of divers people; I apprehended myself to be in danger, and I dare say every one in the house; did I began to be so frightened, I cannot give a particular account; after this firing of Mr. Green, the mob got to be more outrageous; I heard firing almost the whole night, I made my escape out at the top of the house, and got into an empty house at pretty near twelve o'clock.
Q. to Maplan. Was there firing from your house?
Maplan. I saw no fire-arms in my house.
Q. Did you hear any?
Maplan. I heard firing all the night over.
Q. to Axford. How near do you live to Mr. Green?
Axford. I live about fifty yards from his house.
Q. Were there fire-arms in your house?
Axford. There were fire-arms brought into my house on the Thursday morning, but I do not know who brought them in; there was a man came to me as I was standing, and clapped a pistol to me, and swore he would blow my brains out if I would not let him go up into my garret to fire upon Mr. Green's leads.
Axford. I believe they were brought in between five and six in the morning; there was not one fired in my house, there was one fired at my door.
Q. How many were brought in?
Axford. There were two muskets brought in, I took notice of no more.
Q. Upon your oath, when was the first brought in?
Axford. To the best of my knowledge there were none brought in till two o'clock on the Thursday morning.
Q. Was none fired from your house on the Wednesday night between nine and twelve?
Axford. There was not one.
Dunderdale. At seven in the morning on Thursday when I came in, I saw several pieces fired from the opposite side into Mr. Green's house, they were firing out of Maplan's house.
Q. to Maplan. What do you say to this?
Maplan. I never saw no firing out of my house; I heard firing, but did not know from where it was.
John Humphreys . On that Wednesday about 11 o'clock at night, I came out of the house of Mr. Martin at King James's stairs; when I came to Mr. Green's, there were some Irish coal-heavers seemed armed with guns, and some with hangers, about Mr. Green's house; there were Thomas Murray and David Creamer fired into Mr. Green's house; there were an hundred seemed armed with bludgeons and broomsticks, some cutlaces and some guns; the next morning I saw several attempting to get into his house; I and two others went into Mr. Axford's house, I saw Abraham Cornwall load a gun there about eleven at night.
Q. What is Cornwall?
Humphreys. He is a coal-heaver, and has been a soldier; after I drank a tankard of beer I went home; Axford was drawing beer for us, he saw him load the gun as well as me.
Q. to Axford. Did you see a man load a gun in your house?
Axford. I did not see any man load a gun in my house; I did draw beer for some people.
Q. Upon your oath, did not you see Cornwall load a gun about eleven at night?
Axford. No, upon my oath I did not, I saw him do it in the morning.
Humphreys. I did hear them threaten to kill Mr. Green over night; they said, d - n their souls if they did not massacre him, this was about eleven o'clock; the soldier was killed before I came there; they continued about the house all night; at six o'clock I turned out again, there I saw Creamer and Murray firing into the house.
Eleanor Hill. I was in Mr. Green's house the 20th of April; he shut up his shutters about eight in the evening, I staid in the house almost an hour after that; they broke the windows when I was putting the lights up, I was obliged to run away when we were putting them up out at the back-door; I intended to return again, but I could not get in.
Q. What did you apprehend the people wanted?
E. Hill. I apprehended they wanted to get at Mr. Green; the windows were broke directly after they were shut up.
George Club . The riot began on the Wednesday evening about 8 o'clock; I was then in my own house, which is not quite opposite to Mr. Green's, it is about twenty or thirty yards up the street beyond; by nine there was a vast crowd of people before his house; there were stones and brickbats throwed at his house, I heard the glass come tumbling down; I heard Mr. Green speak to the people several times, bidding his neighbours keep out of the way, for that he would defend his life and his property as long as he had a drop of blood; I heard the people many times swear they would have his heart and liver, and cut him in pieces and hang him on his sign-post; these expressions were common from nine till twelve, till I went to bed; they threatened him several times before the soldier was killed, and made several fierce attempts upon his house, they were determined on his life, and to have his house down; I saw the soldier before he went to Mr. Green's house, and when he was killed; there was a man breaking Mr. Green's door with an iron crow, or some such instrument; the soldier was then standing under cover of the leads joining to Mr. Green's door; he peeped up to see if any body was looking out at the window, then he ran to the door to assist the man that was breaking the door; I think the second or third blow he gave, somebody reached out and shot right down, and the soldier fell backwards, and I think the other man was wounded; it seemed to me as if the soldier was hit upon the crown of his head.
Council for the prisoner. We have a long train of evidences to the prisoner's character, if the jury desire it we will call them.
The jury declared they were thoroughly satisfied, and that his Lordship need not take the trouble of Summing up the evidence.
Mary, wife of John Hindes , otherwise Mary Jones , widow , was indicted for the wilful murder of Joseph Smith , an infant about the age of seventeen months, by drowning him in the Serpentine-river in Hyde-park ; she stood charged on the coroner's inquest for the said murder, April 17 . *
John Smith . I am father to the infant Joseph Smith , I live in Green-street, Grosvenor-square; on Sunday morning, the 17th of April, the prisoner brought half an ounce of green tea and half an ounce of bohea, and three pennyworth of crumpets, and breakfasted with my wife and I; after that I went out to carry my Lady, the Countess of Thanet, to whom I am chairman; I did not come home till about six in the evening; I asked my wife where Joe was; she said Molly (meaning the prisoner) has just carried him out to buy him a cheesecake; she thought I should be angry if she told me how long she had been gone with him; I went out again to fetch her from where she had dined; I was angry with my wife for letting the prisoner take him out: I came home again I believe about ten at night, the child was not come home; I and my wife, and another, went about to see after the prisoner and child, but could hear nothing of them; we went to St. George's workhouse, the prisoner then belonged to it; she was not come in; the next morning I went there again about seven, she was not there; I went to several alehouses, the landlord at the White Horse in South Audley-street said there was a woman there with a child, but could not say it was the prisoner; about nine the next morning I heard a child was drowned in Hyde-park, whose child I did not know; I went there, and found it was my child; it was lying by the side of the water of the Serpentine-river in the Park, between the two bridges in the road to Kensington; there were no marks of violence upon it, and it had all its clothes on as when it went out; then I sent word to the coroner, we took it away at almost five that afternoon; I found the prisoner in St. James's workhouse the Tuesday se'nnight following; I went to her, and said, you are a fine woman, what have you done to me; she said, I do not know, my life must pay for it.
Q. What was your reason for finding fault with your wife for letting the prisoner take the child out?
Smith. Because she is apt to get in liquor, that was the only reason.
Q. How long had you been acquainted with be prisoner?
Smith. Almost three years.
Q. Had she used to come often to your house?
Smith. Yes, often on Sundays, and sometimes on a week day; my wife once helped her to a place, and from that time they got acquainted.
Q. How did she use to behave when she came to you?
Smith. Always extremely well and civil to me and my wife; she was apt to get in liquor sometimes.
Q. How did you look upon her as to her mind?
Smith. I always took her to be in her senses, as I am at this time; she would rattle and chatter when in liquor.
Q. Had your wife or you ever any quarrel with her?
Smith. No, never, except once, she said she would come and nurse my wife, and I would not let her; whether my wife told her of that I do not know, she never expressed any resentment to me; she has dined and supped with us, and always used to be fond of this child, but the child was not fond of her; she sometimes would bring it a cake.
Prisoner. He used to call me Mad Moll.
Smith. That was when she got in liquor, but I never observed any marks of madness; she is a woman I thought I could have trusted my life in her hands.
Matthew Concanning . I am clerk to Justice Spinnage; on Tuesday the 26th of April, about nine at night, the prosecutor applied for a warrant to take up the prisoner, whom he said he had found in St. James's workhouse; she was brought about a quarter of an hour before ten; she acknowledged being at Mr. Smith's house to breakfast, and agreeing to dine together upon bacon and greens; that she took the child in her arms, in order to go and and buy it a cheesecake; that she called with it at two public-house, and in the evening went with it into Hyde-park, and carried it to the water, rather after dusk; that she watched an opportunity of doing it, when no person should be passing, and then she throwed it in, and left it; she was asked if her heart did not relent, and she go back to give it assistance; she said, no; she was asked how she could do so inhuman an act, or whether she had any resentment or anger against the parents; she said, no, she had not, she loved the father and mother as if they were her brother and sister; it was said to her, sure she could have no resentment against an infant of that age; she said she had none, but the child would struggle against her, and would never come to her arms; she was asked what could induce her to do such
Q. Did you take her to be out of her mind on these two examinations?
Concanning. No, I did not, there did not appear the least mark of infanity; she was asked where and at what time she had premeditated, to do this act, whether at the time of taking the child out from home, or some time after; she said she had no immediate thought of doing it at the time she took it out from the mother's house, but at the time of going in at a public-house she saw an old acquaintance of her husband's, and that brought to her mind former uneasinesses, and then it was she formed a resolution of going and drowning the child, by the means of which she knew she should die; she then said she went to one alehouse, then to another, and then into the Park in the evening, and watched an opportunity that no person was coming, and then throwed it in. I think she said it was about the middle of the day, that she had been out to buy some bacon, and the child brought it home, and she watched an opportunity of taking it away while the mother was selling some sallad: something was then mentioned of her having done an act like this before; she said that was really an accident, that other child sprang out of her arms.
Nathaniel Lun . I am the landlord of the house, the prosecutor Smith is my lodger; on that Sunday morning, a little after eleven o'clock, I went down stairs to get Mr. Smith to tap my beer; while his wife was tapping it, I saw the prisoner and deceased child below stairs; the prisoner said, I will take Joe out and buy him a cheesecake; she answered, no, do not take him out, or you shall not take him out; I left the mother, child, and prisoner there together in the kitchen, I never saw the child after till I saw it dead in Hyde-park; I have seen the prisoner there more than fifty times before, she never appeared to be insane at all.
Phebe Green. I keep the sign of the Hovel in Upper Grosvenor-street; the prisoner brought a child into my house about one o'clock (I saw it after it was drowned, it was the same;) when I saw it at play in her arms, I thought she was not the mother of it, it was a fine child; she had a pint of beer, and staid about an hour; she offered to pay for the beer; about a quarter of an hour after she had paid for it, I told her she had paid; she said, I thank you, madam, I am a poor woman (I thought she was either fuddled or mad.)
Q. Did she stagger?
P. Green. No, she did not, I watched her in her going away, she walked very well.
Elizabeth Price . I have known the prisoner five years by coming into St. George's workhouse; I have the care of the people that work plain-work there, she was taken in as a poor person of the parish upwards of five years ago; she went out on Sunday morning the 17th of April, I never saw her again till I saw her here; she used to go out to work, and was very capable of doing any thing she undertook to do; she was a woman that behaved very civil, she was backwards and forwards there five years.
Q. Was there any thing more particular in her than in other people?
E. Price. I never observed the least disorder in her mind, except when she drank.
George Sweetman . I went to Mrs. Green's, and had a pint of beer that Sunday; there was the prisoner and a child, I sat opposite the prisoner, she stared very hard at me. Sir, said she, is your name Sweetman; I said, you do not know me; do not you know me, said she, you arrested my husband sixteen years ago, his name was John Hindes ; then I recollected I did arrest a person of that name about that time; said she, I have had a great deal of trouble, I hav e been out of my mind, and in the workhouse; I said, I heard her husband was dead; she cried, and said he left her in the year 1758, and went abroad, and she did not know whether he was alive or not;
Q. What did you think of her?
Sweetman. I thought she had had a little too much liquor, but not to say drunk; this was about two o'clock.
Henry Lewer . I live at Knightsbridge; on Monday the 18th of April in the morning, I went up to fetch my handkerchief, coming down stairs I saw something lie in the water at the foot of the old bridge in Hyde-park; I ran down stairs, and told people I thought there was somebody drowned there; I went and got over the Park wall, and saw the child in the water, I took and drew it out on the ground.
Joseph Ayres . I am porter at St. George's workhouse; the prisoner went out on the 17th of April, and I have not seen her since till now; I have known her there two or three years, I never found her delirious at all.
My lord and gentlemen, it was owing to a disturbed mind through a bad husband; I have been wearied of my life a long time, I had rather die than live.
Guilty . Death .
She received sentence, this being Saturday, to be executed on the Monday following, and her body to be dissected and anatomized; she petitioned the court to allow her a week, upon which the court ordered her execution on the 17th of June.
James Munday . Mr. Rogers is brother-in-law to Mr. Charles Rivington , whose servant I am; on the 21st of April I had been out, coming home I saw Russel standing playing with a whip in the passage; I asked him who he was waiting for; he said, nobody; then I bid him go about his business, he went out; upon my going farther I saw Law coming out of the stable with a pair of Mr. Rogers's boots under his arm; I asked him what he was going to do with them; he made no answer, but fell a crying; I took him to the constable, he was taken before my Lord Mayor and committed; he having said Russel bid him come in for a whip, I took him also.
I am twelve years of age come September the 28th; I was sent for a quartern of sixpenny butter, I staid three quarters of an hour; when I got home my mother asked me where I had been; I said, I had been to Mr. Jackson's, a shoemaker; she went to look for my father to beat me; I happened to pick up a stone and hit Russel on his back, he having a whip in his hand ran after me; I ran into this place, and just going in I fell over a pair of boots; I took them up to defend myself against his whip, I never thought of stealing them.
I know nothing at all of the boots.
391, 392, 393. (M.) William Johnson , and Anne his wife , and Mary Anthony , were indicted for stealing seventeen yards and a half of printed cotton, value 18 s. the property of Thomas Law , May 18 . *
Elizabeth Law . I am wife to Thomas Law , we keep a draper's shop at the corner of Catherine-wheel-alley, Whitechapel ; Anne Johnson came into my shop last Wednesday night, I believe between five and six in the afternoon, the other two prisoners came in immediately after her; she asked for a bit of print for a bed-gown, purple and white; I showed her some, they all looked at it, and did not like it; I showed more; Anthony laid her elbow on a chest by the counter, I observed she endeavoured to take hold of several pieces that lay on the chest that had been shown to several customers that were entangled; Anne Johnson reached over the chest, and brought a piece of print forward, and asked William Johnson if he liked that; he said he did not; then Anthony took an opportunity to get out a piece; the man seeing she had not quite compleated her design, pointed to a piece behind me, and wanted to see that; while I turned my head, I cast an eye under my bonnet, and saw Anthony take it from the chest; they then fixed upon buying only a waistcoat for him, they had a yard and a half, then they all went forward; I took hold of all three, and said they had stole something; the man endeavoured to go away, and tore almost the flap of his coat off; I called in assistance, and found the piece of cloth, seventeen yards and a half, on Anthony, under her cloak (produced and deposed to.)
Anne Johnson being indicted as wife to William, had the good fortune to be acquitted .
William Johnson tried, No 314 and 316 in last sessions paper.
The prosecutor did not appear.
His recognizance was ordered to be estreated.
John Stubley the watchman to the Steel yard, saw the prisoner in going through the yard take up a half hundred weight, and after he was gone some way with it be stopped him, and found it upon him (produced and deposed to as the property of the prosecutors.)
Guilty 10 d. W .
Francis Smith . I live opposite to the White Hart, Golden-lane, I am a labourer ; I was at work at a building in the Minories last Wednesday in the afternoon; I saw the prisoner go down into the cellar where my coat lay, and take it away; I ran after him, and catched him about eight or ten doors turning towards Tower-hill, and took it from him, (produced and deposed to.)
Prisoner's defence. *
I met a person who had worked with me, he owed me a trifle of money, I asked him to pay me; he said he had no money, but I might take that coat; I took it; this man came and said it was his own.
Guilty . T .
397. (M.) John Waters was indicted for receiving a silver watch, value 4 l. 4 s. a silver watch chain, and a cornelian seal set in silver, well knowing them to have been stolen, by Charlotte Smith , the property of George Riley , February 17 . ++
Guilty . T. 14 .
398. (M.) John Doran was indicted for that he two hundred pounds weight of lead, value 36 s. fixed to a certain brick building belonging to John Cook , did rip, steal, take, and carry away , May 4 . ++
John Cook . I am owner of the building at Pimlico . On the 4th of May in the morning we missed about 5 or 600 weight of lead from two houses, and on the next day about ten in the morning, we found 7 pieces about four inches under water in our saw-pit, my property, and on the next night I watched and saw the prisoner taking it out of the pit; he put one piece in a sack which he brought, and he had got out another piece of 69 pounds ready to put in when I took him; he gave me various accounts of the place where he lodged; there was no thoroughfare where he went to get the lead.
The prisoner in his defence said, he went down to that place to ease himself.
Guilty . T .
400, 401, 402. (M.) Anthony Smith and John Tinley were indicted for stealing seven shirts, value 33 s. three neckcloths, value 4 s. a night cap, a linen table-cloth, four towels, four linen handkerchiefs, and a linen stock , the property of Ralph Ord , Esq ; and Anne, wife of Joseph Smith , for receiving three linen handkerchiefs part of the same, well knowing them to have been stolen , April 19 . *
Ruth White . I am a washer-woman, and live in Fox-court, Gray's-inn-lane ; I had washed and ironed these things and laid them in my parlour; my mother happened to leave the door open, and they were taken away on the 19th, about seven in the evening; I missed them in a few minutes.
Mary Hall and Margaret Ripley deposed they saw the two boys at the bar, and another, backwards and forwards by the window, about that time; Ripley from a two pair of stairs window opposite the prosecutrix, saw the other boy go in and bring the bundle out, and deliver it to them, and they all three went away together.
Smith and Tinley, Guilty . T .
Anne Smith Acquitted .
403. (M.) Peter Perrin was indicted, together with Thomas Bowles and Andrew Rogan not taken, for breaking the dwelling-house of William Bailey on the 17th of April , about two in the night, and stealing 100 pieces of ribbon, each piece containing 36 yards, value 70 l. thirteen guineas, and 17 s. in money numbered, the property of the said William . ++
William Bailey . I am a ribbon-weaver , and live in Oakley-street, Bethnal-green . On the 17th of April about two in the morning, I heard a noise of six or seven people in my passage within the street-door, crying, blast your eyes and limbs, open the door, get your pistols ready; I heard one of them say, Cox says the door is on this side; they soon broke the door open and came in to my bedside; two of them said, if he speaks a word blow his brains out directly; I saw the glimpse of a light, as if they had a dark lanthorn; I rose up on my backside; they cried, cut him down; they struck me several times with I believe the flat side of a cutlace over my arm; I then lay down, and they put a pillow over my face, so I saw no more of them. I heard them plundering the room, and open my book to look for bank notes; they staid about half an hour, I could distinguish there were four in the room, besides several in the passage; they seemed to change their voices, and speak in an odd manner; I got up after they were gone, and went up into a two pair of stairs room, where the evidence John Cox lodged, for a light; I went into my room, and found the door broke to pieces, two drawers of ribbons, 70 l. worth gone, four 10 l. bank notes, one of 20 l. thirteen guineas in gold, and seventeen shillings in silver, and five shillings in halfpence gone; I received a letter from Coventry last Friday, that there were some ribbons stopped there; I went to Sir John Fielding , he advised me to go down; I did, and found about forty guineas worth of my ribbons there in a box, in the hands of one John Read ; they took away my pocket-book, with my wife's marriage certificate, and an old indenture of mine in it.
Mary Bailey . I am wife to the prosecutor; the night our house was broke, I was in bed with my husband; they began calling out, blast your eyes and limbs; I put my petticoats on, and said to my husband, for God's sake get up, and take care of your notes; they said, get the pistols ready, we will soon have entrance; they broke the door and came in, and knocked me down with a pistol, and made my head bleed very much; there were four of them came in, how many there were in the entry I know not; there was a light in the passage, I saw the prisoner very plain as I lay in bed, he was in the passage; I suppose the light was the lamp which they had fetched from over the way, and they had broke the glass.
Q. Had you ever seen the prisoner before?
M. Bailey. No, but I am sure it was him; I looked very much at him, to be sure of knowing him again; as soon as he came into Sir John Fielding's office, I knew him again.
John Cox . I am a ribbon-weaver, and lodge in the prosecutor's house and work for him; I was at the White Hart in Vine-court, Spitalfields, drinking with the prisoner and Rogan and Bowles, the night this thing happened; they were to cut my master's looms because he worked under price; the prisoner said he would come that night and rob my master; he told me if I would not tell any body, I should have part of the money; I was to leave the street-door open; I went home about half an hour after eleven, and only pushed the door to and went to bed, I was fuddled; my master came up afterwards and struck a light; my master told me he heard them mention my name in the passage; I was taken up, and told what had passed of it in the morning.
Every word they have said is false as God is true; I have not been within half a mile of Bethnal-green these three months; I was at the house Cox mentions that night, I set out to go home, and met one James Cox in Sun-street at near 12 at night; I asked him to let me lie with him and he let me.
For the prisoner.
James Cox . I am a weaver, and lodge at the bottom of Sun-street in Lamb-alley, at the house of Samuel Barber ; I spent the best part of that Saturday evening in Long-alley, at the Admiral Vernon; coming home I met the prisoner at the bottom of Sun-street about twelve o'clock; he asked me if he might go and lie along with me, being locked out; I said, if he would pull off his shoes to go up stairs he might; he did, and he got up in the morning I believe between six and seven; he is a weaver; I never heard any body give him a bad character.
Cox. I have no particular acquaintance with him, only I have sometimes drank with him at public-houses.
Q. Does he follow the business of a weaver?
Cox. He does, I once bought a loom of him, he then lived in Crown-court.
Q. Did you know where he lodged at this time?
Cox. I cannot say I did, he told me he lived as far off as Smithfield.
Q. Was he drunk or sober at that time?
Cox. He was a little in liquor.
Q. Was you sober?
Cox. I was perfectly sober, I had been spending the evening at two public-house, the Admiral Vernon and the White Swan.
Q. Did he tell you where he had been, and what about?
Cox. He told me he had been drinking with some young freemen in Vine-court, talking about going to Coventry.
Q. Can you be certain to the time you met with him?
Cox. I am positive it was between half an hour after eleven and half an hour after twelve.
Joseph Essex . I am a weaver, I lodge in a one pair of stairs room, in the same house that Cox does; I remember his coming in that night, there was one with him, I thought it had been a woman; one of them went across the room with shoes off.
Q. Did you see either of them?
Essex. No, I did not, I saw the prisoner the next morning when he went down stairs.
Q. What time did they go up stairs?
Essex. It was about a quarter after twelve; I said, who is there; Mr. Cox said, a friend.
Q. What time did the prisoner go down stairs?
Essex. It was very near six in the morning.
Q. How was he dressed?
Essex. He was dressed in his regimentals, the same as now; I got up on purpose to see, because I thought Cox had brought a woman there; Cox and I work for one master.
Q. How long have you known the prisoner?
Essex. I have known him three years, we did both work for one master.
Q. Did you speak to him that morning?
Essex. Yes, I said, ah! Peter!
Q. What said he?
Essex. Nothing at all.
Q. Are the prisoner Cox and you in the same branch of weaving as the prosecutor is.
Essex. No, he is in the ribbon way, we are in the lace.
Michael Bilson . I am a master ribbon-weaver; I met the prosecutor on the Monday morning, after he had been robbed in Shoreditch; I asked him about it; he said he had been robbed of near 200 l. in notes, money, and goods.
Q. Did he say he knew who had done it?
Bilson. No, he did not; I said I heard it was about five in the morning; he said, no, it was about two, and it was dark, and they had paper masks on; I met his wife last Saturday morning, I asked her if any more were taken up besides Peter Perrin ; she said, no; she said there were two advertised; I asked her whether she knew them; she said she could swear to the prisoner; and the other two; I said, if it was dark, how could you swear; she said she could swear to what John Cox said. I knew the prisoner when he was an apprentice, he always bore a very good character as a workman and as a soldier; I look upon the prosecutor to be a very bad man.
Q. What is his general character, is he to be credited upon his oath, or not?
Bilson. From the character he bears, he is not to be believed upon oath.
Q. Where do you live?
Bilson. I live in Old Nicholas-street.
Q. How many journeymen do you employ?
Bilson. I employ eighteen.
Q. Where do you live?
S. Wood. I lodge in Old-street-square.
Q. How long has he belonged to it.
Huggins. Seven years and odd months, I never knew any thing amiss of him, to always obeyed; every order in the military way, I never heard a person speak a word of ill of him in my life; I cannot say I ever saw him drunk in my life.
Serjeant Smith. I belong to the same company, I have known the prisoner almost seven years, he has behaved well as a soldier, I never heard his honesty brought in question before.
Thomas Pickering . I am a master weaver, and live in Acorn-alley, No. 9; I have known the prisoner between three and four years; I always looked upon him to be a very honest man, I could trust him with all I am worth.
Bailey. This evidence I believe has been at Coventry where my ribbons were lodged.
Pickering. I went down last Wednesday night was a week, and came up again on Sunday night, I never knew there were any ribbons lodged there; I did not stay in Coventry a quarter of an hour.
Q. Was you told there were some of his ribbons lodged there?
Pickering. I was, but I saw none of them, I made no enquiry after them; I went down to see my mother.
Richard Holland . I am a victualler; I have known the prisoner thirteen or fourteen years, he is an honest industrious man; the day after this affair happened, the prosecutor got an order to enquire after me and to examine my house; he came with several officers, they went away very well satisfied, and said they found nothing leading towards a discovery.
Bailey. James Cox signified when we were at the Brown Bear by Sir John Fielding 's, being in a passion with me, that I had two names, that one I was called by in my marriage certificate, and another in my indenture, (I once was a soldier and deserted by reason whereof I changed my name;) I bid the people take notice of these words of Cox's; on this account, I was sure nobody had seen the certificate and indenture for some time past, from whence I imagine he had seen them which were in my pocket-book when it was stolen out of my house; this Sarah Wood who is come to swear falsely, her husband was taken last Sunday in the afternoon at Coventry, on suspicion of being concerned in this fact.
Q. How came that to be talked on?
Cox. They were talking about his giving bad prices; he said he went by the name of Jackson in the marriage certificate, and in the indenture also.
Q. How did he say he came to know that?
Cox. He said some little girl shewed them to him.
Bailey. Please to call Haliburton; no little girl ever lived in my house.
William Haliburton . I went to apprehend the prisoner; his brother asked what we wanted with him, and if he had done any harm; the prosecutor said his brother had robbed him; said one of these serjeants, Smith, I was afraid he had done something, he was yesterday cleaner them, I have seen him a great while, he had on a particular red waistcoat which I never saw him in before, and I think there was something said about breeches.
Smith. What he says is very true, I did say I saw him the day before appear cleaner them I had seen him for some time; he appeared in a red waistcoat, which I had never seen before.
Holland. I am the prisoner's brother-in-law; he had the breeches of me, they were a pair of nankeen breeches, he was to give me half a crown for them.
Haliburton. His brother asked the prisoner where he had the waistcoat; the prisoner said he bought it in Rag-fair.
A fraud certainly was committed, but it appeared the person unknown was the principal actor in the affair, and the prisoners were in part, if not wholly ignorant of their design, they were acquitted .
Received sentence of Death, 4.
Transportation for 14 years 1.
Transportation for 7 years, 25.
Thomas Purney , George Walker , John Trainer , Richard Delay , George Reading , James Manning , Andrew Hardy , James Griggs , otherwise White, Rebecca Beacham , John Thompson , James M'Girk, Joseph Canningham , John Martin , Susanna Atherly , Thomas Stapleton , John Taplin , Paul William Wells , Elizabeth Hoskins , otherwise Heskins, Thomas Morgan , Anne Burn , John Doran , Anthony Smith , John Tinley , William Johnson , and Mary Anthony .
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