NUMBER II. PART I.
Sold by S. Bladon, at No. 28, in Pater-noster-Row.
King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.
BEFORE the Right Honourable WILLIAM BECKFORD , Esquire, Lord Mayor of the City of London; Sir Thomas Parker , Knt. * Lord Chief Baron of his Majesty's Court of Exchequer; Sir Thomas Gould , Knt. + and Sir Richard Aston , Knt. || Judges 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 City of London, and Justices of Gaol Delivery of Newgate, for the said City and County of Middlesex.
64. (M.) Charles Pyne , book-seller , was indicted for stealing three printed books in octavo, called Swift's Works, value 2 s. two printed books in twelves, called Deism Revealed, and another book, called Burnet's History of his own Times, value 5 s. the property of Thomas Roberts , Dec. 25 .
To which he pleaded guilty . T .
William Knibbs . I am servant to Mr. Hillman, who lives in Craven-street, in the Strand . On the 22 d of December last, the prisoner came and knocked at our door, (this was a little after seven at-night) I opened it. He asked if this was Mr. Hillman's? I said yes. He said, there is a basket directed for him to be left while called for, at the bell inn, Wood-street; he said he was book-keeper there, and was coming that way, and he called to let my master know of it. He pretended to set down the direction; I askedJohn Thomas took it up: and one Charles Clark , a sailor, who is now gone abroad, he assisted me; we took him and the candlestick to Sir John Fielding 's, and he was committed. The extinguisher was missing at the time; that we never found. When he found he was conquered, he said he did not care if we took and hang'd him up in that place (The candlestick produced and deposed to.)
John Thomas . I was going across Church-court; I heard a running up the court; I made a stop just at the corner; by that time, the prisoner and this young man came up; he catched the prisoner by the coat. The prisoner turned round, and dropped the candlestick from his left hand. I took it up directly. He fetched the young man a knock, but with assistance he was soon secured. I went with him to Sir John Fielding 's.
I was going about my business up Church-court; this man came and laid hold of me, and called out, Stop thief! I never saw the candlestick. It is possible, I might knock it out of his hand in the scuffle. I never was at his master's house.
Guilty. 39 s.
(M.) He was a second time indicted for stealing a silver hilted sword, value 5 l. and a silk belt, value 5 s. the property of Francis Roberts , Esq. in the dwelling-house of the said Francis , Dec. 20 . ||
Q. When had you seen it last?
Mr. Roberts. I had seen it hanging up in the parlour that day before I went out, about four o'clock in the afternoon. When I came home, between seven and eight o'clock, my maid gave me a direction to go to the swan and two necks, in Lad-lane, for a box. I went there the next morning, but no box was there for me. (That direction I left at Sir John Fielding's ) When I came home, I asked my maid what sort of a man it was that left that direction? She said, he was a very tall, thin man. Such was the prisoner. In looking round the room, I missed my sword; I went and got it advertised, and the Saturday following, Mr. Fielding sent for me to come to him on the Monday, at eleven o'clock. He said a man was taken up for stealing a silver candlestick, and he thought he might be the man that had stole my sword. I went and found the prisoner there, and my sword (produced in court.) This sword is my property; I have wore it five or six years.
Jane Jones . I am servant to Mr. Roberts. On a Wednesday in last month, the prisoner knocked at our door. He asked if Mr. Roberts was at home? I told him no. He asked what time I expected him in? I said that was uncertain. He said he was book-keeper at the swan and two necks in Lad-lane, and there was a box left there for my master, and had been there above a week, and he called to let us know, fearing there might be something of consequence in it. He asked me leave to write a direction. I asked him to walk into the front parlour; and gave him a pen and ink.
Prosecutor. The sword hung in that parlour.
J. Jones. While he was writing the direction, another man knocked at the door; I went to answer at the door, and left the prisoner in the parlour. The man at the door asked if a captain did not lodge here? I told the man we had no lodger at all. He said, a friend of his had fell down in the street, and broke his leg, and he would be very much obliged to me, if I could direct him to a captain, naming a name, to assist in getting his friend into the hospital. While I was talking to him, the prisoner came out of the parlour, and delivered a direction to me, and desired me not to forget to deliver it to my master, and went away.
Q. What time was this?
J. Jones. This was about a quarter after six in the evening. I thought it very odd, he should come so out of the parlour. I went in after he was gone, but did not miss any thing then. The
Joseph Jenkinson . On the 20th of December, about seven o'clock in the evening, the prisoner came and pledged this sword with me; I lent him 25 s. on it: two days after that, I saw it advertised, and I carried it to Sir John Fielding 's.
I know nothing of it. If they have a mind to take my life away, I can't help it. I did live with Mr. Bland, a single gentleman, in Essex; and I lived with Col. Sands; and after that, I was eleven months in the horse-guards; and it was my intention to go into the army again.
Guilty. 39 s. T .
66, 67, 68, 69. (M.) James Cole , William Corby , and Christopher Busby were indicted for making an assault on Mary Ware , spinster , on the King's high-way, putting her in corporal fear and danger of her life, and taking from her person a sattin cardinal, value 40 s. her property . And Margaret Warden , for receiving the same, well knowing it to have been stolen , Dec. 8 . ||
Mary Ware. On the 8th of December, about nine o'clock in the evening, I, and my servant, Sarah Lawrence , were in Brumpton-road , near my own house; four men crossed over the road to us; one of them said, Lady, a little of your money, if you please. I had gone out in a hurry, and put no pockets on. I said I had no pockets on; you may feel, if you have a mind to it. Then one of them, untied my cloak, and took it off. It was white sattin. At their first coming to us, one of them said, Shoot her! another said, Don't hurt her! At their going away, I said, in my fright, pray give me my cloak again. One of them then said, Blow her brains out! and I heard a pistol snap. They had, all four, pistols in their hands. I cannot say I should know any of them; they appeared to be young fellows; but I did not look in their faces; they had all their own hair. (Such were the prisoners.)
Q. Was it light, or dark?
M. Ware. It was quite moon-light. It was the shortest that untied my cloak. I had it advertised at Sir John Fielding 's. The prisoners were taken within a week; then I was sent for to Sir John Fielding 's, where I saw my cloak again, and the three men prisoners there. (Produced in court and deposed to.)
Sarah Lawrence . I am servant to Miss Ware. I was with her when she was robbed. We were stopped by four young men; it was on a Friday evening, about nine o'clock, not an hundred yards from our own home, as we were coming from town. When they came up to us, they asked for a little of our money; mistress said she had no pockets on; they searched her, and found she had not. It was the short man that took her cloak. Then they came to me, and asked for my money; I gave them a shilling and some halfpence. As they came up to us, one of them said, Shoot her! and when they went away, one of them said they would blow her brains out, because she said, Pray don't take my cloak. I took notice of their faces. I know Corby and Busby; Busby is the short one. I gave my money into one of the tall one's hands, but whether it was Corby, or one of the others, I cannot tell. It was Busby that took my mistress's cloak. I saw them the Tuesday se'nnight after at Sir John Fielding 's: I knew them then.
Q. Where does your mistress live?
S. Lawrence. She lives in Brumpton-road. She is of no business. I have lived with her about seven years.
Q. Did you know either of the prisoners before?
S. Lawrence. I do not know that I ever saw any of them before.
Mr. Fryer. I am a pawnbroker, and live at the corner of Walker's-court, St. James's. On the 9th of December, at night, the woman at the bar brought this cloak, and said she brought it from a lady of her acquaintance, to pledge; I lent her 25 s. upon it. She said it had been fetched out of pawn some where else, where it had lain for 27 s. About a week after, Sir John Fielding 's men came and asked me, if I had such a cloak; then I produced it.
John Wheatly . I keep the crown ale-house, in Brumpton-road. On Friday the 8th of December, there were four young men came into my house, and staid and drank till about nine o'clock, then they went away; and the next morning I heard of this robbery. I am sure Corby and Busby were two of them, and I believe Butler, the evidence, was one with them; I thought so when I saw them again at Sir John's.
Busby. I was in that house with two other men; but I cannot say who they were.
W. Butler. I am near 18 years of age. I am a plaisterer. The three prisoners were with me in Bow-street; but only Corby and Busby were with me in the Brumpton-road. We saw the lady; we went to her, and asked for her money; she said she had none: then Corby took her cloak from her. Corby had a broken pistol that would not fire; Busby had one that would. I had no pistol.
Q. Who else was with you?
Butler. I do not remember any body else being with us. I was very much in liquor; so were they. She said she had no pockets on. I went to feel for her pockets, and found she had none. The other young woman was with the lady; we heard them squeak when we ran away.
Q. Who said, Blow her brains out?
Butler. I did not hear it. I was very drunk.
Q. How came you acquainted with them?
Butler. I met with them at the hole-in-the-wall, in Bow-street.
Q. Are you sure there were but two with you?
Butler. I believe there were but two besides myself: I know there were but two came home with me. I was sober then; we had been at some house on the road, and had had two or three pots of beer, about eight o'clock.
Butler. I was.
Q. Did you give the same account there, as now?
Butler. I did, as near as I can remember.
Butler. He was apprentice to my grand-father.
Q. Was he with you in Brumpton-road, or not?
Butler. He was not with me in coming home, I am sure, but he was there when we came in, that is, at the hole-in-the-wall.
Q. What became of the cloak?
Butler. I carried that to Mary Warden , to her room, and desired her to go and pawn it for me. I told her it was the property of a young woman I was going to live with, a young woman of the town, that wanted some money. She went and pawned it on the Saturday night for half a guinea; she said that was all she had got for it. I had half a crown of it, and Busby and Corby had the rest. She said she gave it to them.
Q. Did she tell you where she pawned it?
Butler. No, I did not ask her; I had no intention to fetch it out again.
I know nothing at all about it.
I do not know any thing of that young man, (meaning Butler) he is no acquaintance of mine. I went with Busby a little way out town, to an acquaintance's house, and my acquaintance had left the house. And in coming home, we called in at a house and had some beer; it might be that gentleman's house, for ought I know. (meaning Mr. Wheatly) We came home. I know nothing of any robbery.
I am a post-boy , and lodge in Church-court, in the Strand. I saw Corby where I lodged. I asked him to take a walk with me to the cow and calf. The man that did keep it, is named Salmadine; he had left the house. We had a pot of beer, and came away. I did live at the bull, at Kingston.
He (meaning Butler) desired me to carry the rest of the money to Corby, which I did, and delivered it into his hands; he said it belonged to a woman he was going to live with.
To Cole's Character.
To Warden's Character.
Corby and Busby, Guilty . Death .
Cole and Warden acquitted .
No evidence was given on this indictment.
All three acquitted .
John Bromley , James Cole , and Margaret Warden a second time were indicted. The two first for stealing a cloth cloak, value 5 s. the property of Lucy Hicks , spinster. And Warden for receiving the same, well knowing it to have been stolen , Dec. 15 . *
Jane Finley . I live in Leicester-fields. On the 15th of December, about half an hour after nine o'clock at night, I put Lucy Hicks 's cloak on, (she was then our servant ) I went out, and was returning home from Crown-court, Princes-street , some men followed me; one of them put his arms round my neck, and asked for a kiss. I turned round, and said, Go about your business. Upon that, he took the cloak off my shoulders, and passed it to a second man. The evidence, Butler, looks like the man that took it. The person that received it, came and gave me a violent blow under my left ear. They went off with it. It cost 12 s. but a little before. I do not know any of the prisoners.
W. Butler. Cole, Bromley, and I, had been drinking together, and were going to Westminster, where I lodge. Going down Princes-street, we saw this gentlewoman; I ran after her, and laid hold round her neck; said she, What do you want? I said, I want to kiss you. She said, Go along. I took her cloak off and put it behind me. She went to catch at me, and I hit her once or twice. I seeing some people on the other side the way, I ran down Leicester-fields. The two prisoners were not with me then; they were in Princes-street. I carried the cloak to Westminster. After I got there, they came to me, and said, What did you do to the woman? I said, What is that to you? I hid the cloak in the house, and afterwards gave it to Peg Warden to pawn it for me. The two prisoners had none of the money; I had it all myself.
All three acquitted .
David Nelson . I am an auctioneer . I was employed in June last, to sell some goods, the property of a person who is dead, named William More. The goods had been brought and lodged some in one house, and some in another, some in mine, I took a room at the queen's-head tavern, in Great Queen-street, Lincoln's-inn-fields . There was a double-barrel pistol among the goods. It was not sold; no body would bid the value of it. It is usual to keep persons there to take care that goods are not sold at an underprice.
Court: They are usually called puffers, are they not?
Nilson. They are. The prisoner was porter to Mr. Hall, a broker, in Wych-street. Mr. Hall did not send for his goods till two or three days after the sale; and my porters, and clerk, and I had left the house. I had left the bill that was due from Mr. Hall, for his goods, with Mr. Williams, the keeper of the tavern; and had shewed to his servants, what were Mr. Hall's property; they were separated from the rest of the goods. I know I left the pistol in the room, which was afterwards missing. It was such a thing I never had in my hands before, made me take notice of it. It is made to turn round, in order to fire both barrels, one after the other. (A double-barrel pistol produced.) This is it.
Richard Sing . I put this double-barrel pistol into the sale; I know it very well. The other was at the gun-smith's, to have some repair. As this was lost, Mr. Nelson agreed to take the other, and pay me for both. But some time after, Mr. Hall came and told me, the prisoner was in custody: and among other things, they had found the pistol. I was sent for before Sir John Fielding , a little before last sessions; there I saw it.
William Langley . On the 6th of November last, I was employed with Mr. Barrow, the constable, to go to Mr. Hall's, in Drury-lane; there we found the prisoner, and a looking-glass. (On which there is another indictment.) We took the prisoner before Sir John Fielding , and he was committed to New-prison. Then the gentleman, whose name was Jones, had a search-warrant to search the prisoner's lodgings. We went to the red-cow, in Charter-house-lane, where he lodged; there we found this pistol in a drawer in his lodging, and several other things. He was examined before Sir John Fielding , on the 8th of November. There the gentleman
Mr. Nelson. The prisoner was asked by Sir John, How he came by this pistol? He said he bought it of a man in the street.
Mr. Sing. I heard him say the same there.
Mr. Hall. The prisoner lodged at the red-cow, in Charter-house-lane; he has worked for me about six months: I was present when the pistol was found in his room.
Langley. A few days after the prisoner was taken up, I went to him in prison, and asked him, whether or not he was guilty in taking other things? He said he could give no answer at that time, because there were two other persons with him I said, there is a remarkable pistol found, which I understand will be advertised. Said he, I wish you would go to the auctioneer in Holborn, and tell him not to appear against me, for I did take it, and I will pay him for it. Instead of going to Mr. Nelson, I went to Mr. Hall, and told him of it. Then Mr. Hall went and told Mr. Sing of it.
What Mr. Langley says, is quite false. I bought the pistol with other things, at a sale at the half-moon tavern, in Aldersgate-street.
He called two witnesses to his character, who said they had known him some time, and they knew ill of him.
Guilty . T .
There were two other indictments against him.
William Hunt . I was coming down Cheapside on the 26th of October, between six and seven in the evening, I felt something at my pocket, I turned about, Burch was close to my elbow, and the other prisoner was on his left hand. I laid hold of Burch, and charged him with picking my pocket. I saw him make a motion, as I thought, delivering my handkerchief to the other. I looked, and close to Thompson's feet lay my handkerchief; a gentleman that was by, took it up, and delivered it to me as I had hold of the prisoner. (Produced and deposed to.)
My master sent me for a jobb; coming back by the gentleman, he turned round, and laid hold of me, and said I had picked his pocket; and carried me away to the counter. I know nothing of it.
The gentleman laid hold of me, and said I was a confederate. I did not see the handkerchief.
Both acquitted .
David Griffin . On Sunday the 12th of November, between six and seven o'clock at night, I was going up Grace-church-street , I felt something at my pocket, I turned instantly round, and laid hold of the prisoner, and saw the glimpse of my handkerchief fall from his right hand. It was a red-and-white linen one. I took it up from the ground; it lay about half a yard from his feet. He asked me what I laid hold of him for? I told him, his conscience would tell him. Some other lads, that I supposed to be his confederates, jostled my shoulder, at the instant that I felt the attack at my pocket; they were impertinent, and asked me what business I had with the boy? which rather determined me to prosecute him, or I know not but I should have let him have gone. The prisoner said, indeed he did not take it, and went on his knees once or twice, and desired to be let go. I took him to the Poultry-compter (after that he broke out of the compter ) I thinking I should never hear any more of him, used the handkerchief in common. And about a fortnight ago, coming over London-bridge, I had it picked out of my pocket, so cannot produce it. I had produced it before my Lord Mayor, and before the grand jury, when they found the bill.
The prisoner said nothing in his defence.
Guilty . T .
William Squire , Jan. 9 . ++
William Squire . I am a paper-stainer . One of my paper-hangers came last Thursday, and told me, he was coming through Rosemary-lane, and saw several pieces of paper of my make, which he suspected to be stolen. I went. They were at Mary Scully 's. I can swear to 30 pieces of them. I charged the prisoner with taking them out of my shop. He confessed he did take 38 pieces; that he sold some to Mrs. Scully; that the last six pieces he sold for 7 s. 6 d. which were worth 18 s. I found 30 pieces. He told me he had one piece at his lodgings, where I found it. I had not the least suspicion of him before. (Produced in court and deposed to.)
Sarah Scully . I live at the bottom of the Minories, in Rosemary-lane. I bought this paper of the prisoner at the bar. I had known him five or six years: and that he did carry business on for himself. I apprehended him to be a very honest man.
Prisoner. I have nothing to say.
Guilty . T .
Sainsbury Sibley . I am a haberdasher , and live in Cheapside . Mr. Green brought me two parcels of pins, and asked me if they were mine? and said he was afraid I had been robbed. I found my marks upon them. He described the man that brought them to him, which I suspected to be the prisoner, who had left me the Saturday before. There were 11000 of them.
Thomas Green. I am a pin-maker. The prisoner brought these papers of pins to my shop to fell them. He said he found them on Saturday night, on London-bridge. I did not know whose they were; I seeing the haberdasher's mark upon them, carried them to Mr. Sibley, and asked how he marked such pins? He told me the letters which are here upon them. Then I produced them to him, and said, I supposed he was robbed. (The pins produced in court.)
I found these pins on London-bridge.
Guilty . T .
Thomas Garrat . I live in Great Moor-street, by London-wall, and am a grocer in partnership with William Heathfield , and Thomas Higgens . My servant, Daniel Davis , is the chief witness; he was trusted with papers of halfpence to pay the carmen. He will give the court an account of it.
Daniel Davis . I am servant to Messr. Garrat, and Co. On the 9th of December, I had ten papers of halfpence, three shillings worth in a paper, delivered to me to pay the carmen, who were to bring 20 hogsheads of sugar. I had laid them upon some buts in the warehouse; I was obliged to turn my back at the time the prisoner (who was one of the carmen) brought his cart in. The first cart was unloaded, and I was going to pay that man; but upon telling my papers over, I missed one. There were three carts came together. I charged all the three men; they all denied it. Upon going to search the prisoner, he laid his hay out of his hay-basket, for me to look into the basket. Another of the carmen bad him take me up for scandalizing him. I searched his cart, and found the paper of halfpence in his cart, by the side of a hogshead, with some litter upon it: then I charged him with it. He cried, and said he had taken it for his fare. The fare was 3 s. but he had first denied knowing any thing of it.
There were ten or eleven papers, and I took but 3 s.
To his Character.
Mr. Hall. I am a master carman. The prisoner was my servant ; I never had a better servant in my life; he never was fuddled all the time he was with me, nor ever wronged me. How this happened, I do not know.
Guilty 10 d. W .
John Chambers . Mr. Primrose Thompson was my late master. He is now gone to the East Indies. He did live in Vigo-Lane, St. James's. He gave an entertainment on the 29th of Dec. at a tavern in Sackville-Street . The prisoner was servant there. My master was going out that morning, and gave me his gold watch to lock up in a drawer. He went out soon after ten o'clock. I locked it up and returned him the key; and at eleven I saw the prisoner in that room. As soon as my master came home I dressed him. The company were all come just before the clock struck four: dinner was ordered to be upon table. When the waiters came to bring the dinner, they brought the prisoner and the gold watch together. There were the pawnbroker and one of Sir John Fielding 's men. They desired to see my master. I said they could not because he was engaged in company. They said they must see him for he was robbed of his watch. I said it was impossible for I had locked it up. Then the pawnbroker pulled it out of his pocket; I knowing it, went to my master. I knew it to be my master's watch; the maker's name on it was John Dingwell , No. 78. I have been at the maker's house with it. There was a gold chain and a gold hook to it. It used to hang at master's bed's head. The prisoner had taken the hook and a gold ring off, and he told the pawnbroker where they were, and he went and got them. The pawnbroker put them to the watch, and my master has got the watch with him.
Q. Did you know the name and number before?
Chambers. I did. The prisoner owned he had taken it, but said he found it in the window in that room. The pawnbroker found a key where he found the ring which opened the drawer where the watch was locked up as well as the right key.
Jasper Notley . I am servant to Mr. Kates, pawnbroker in Chandos-Street. On the 29th of December in the afternoon, a woman brought this watch to pawn. I asked her how much she wanted upon it: she hesitated some time, and at last said as much as I could lend her. She seemed not to know whether it was a gold or metal one; first she asked twenty pounds, then ten. She said a gentleman sent her. I told her it was necessary to see that gentleman. She took me to him. I got assistance and took him into custody. It was the prisoner. He acknowledged he sent her with it, and claimed it as his property. I had one of Mr. Fielding's men with me. We took him into my master's parlour; there he acknowledged how he came by it. Then we took him to the prosecutor, who said by all means he would prosecute him. I heard him acknowledge he took the hood and ring off, and where they were. The key that was delivered to me by a woman where we had the ring and hook, opened the lock as well as if made for it.
I had no false key.
Guilty . T .
78. (M.) Michael Sarsfield was indicted for stealing a wooden box, value 2 s. a silver watch, value 40 s. a pair of silver shoe buckles, value 12 s. a pair of silver knee-buckles, value of 6 s. seven shirts, value 30 s. a woollen coat, value 30 s. and a cloth waistcoat, value 20 s. the property of James Hall , in the dwelling-house of John Harris , Dec. 27. ||
James Hall . I live in the house of John Harris in Russel-Street, Covent-Garden . I lost the things mentioned in the indictment. (Naming them all.) They were all taken from out of my garret where I work and lie. I am a shoe-maker . I had seen them about three o'clock that afternoon, which was the 27th of December. I did not miss them till twelve at night, having been out. I was in company with the prisoner that evening at a public-house in Bow-Street. He went out once and left me and came in again. I cannot tell how long he had been absent. I have been acquainted with him seven or eight years. He has been several times in my room. I never found my goods again. There is one Thomas Davis , a shoe-maker, rents a garret of me by the side of my garret. We work together.
Thomas Davis . I rent a room of the prosecutor, and work in the same room he does. I saw the box and things in it. About a quarter before eight o'clock in the evening the prisoner came up to me as I was at work. I said, Where is my landlord (knowing he had been drinking with him all the evening ). He said he just came from him at the public-house. He asked me where his wife was. I said she is gone out to see one of her acquaintance. He wished me a good night and went away; and in about half an hour he and another man came up again; he took a chair and sat down. He brought a pair of old shoes to mend. He got up from his chair and began cursing and swearing to the other man
"Not a word by Jesus!" He stood over me till the other man got down stairs that I should not stir. He did not lay hold of me, but it is my opinion if I had offered to stir, he would have killed me. Then he said, Light me down stairs. I took the candle and lighted him down. I was so much frightened that I returned to my own garret and was afraid to leave my room all night. I sat up till the watch went twelve, and my landlord came home about half an hour after. Then he called to me to know where his box was. I told him what had been done. He made me get up: then we went to the prisoner's house: we found he was in bed. He said he knew nothing of it.
Q. Who was the other man?
The prisoner said nothing in his defence.
To his Character.
George Powers . I am a victualler in Rosemary-Lane. I have known the prisoner about twenty-six years. He is an industrious man. I buy tobacco of him. He has always behaved well. I would trust him now was he at large.
Felix Neal . I keep the Blakeney's Head in Bow-Street. The prosecutor's wife is servant to me. He comes occasionally to see her. I remember he and the prisoner drinking together in my house (I don't know the day) till, I believe, after twelve at night. The prisoner was a waiter to me; he has taken 50 l. bills for me at a time. He has had opportunities to take great advantages of me, but never wronged me.
Daniel Blackwell . I live in Vere-Street, Clare-Market. I am a surgeon. The prisoner had a hurt on one hand; I was recommended to undertake it; but knowing it to be a long affair, I enquired of several that knew him, and they all said he was a very honest man.
79. (M.) Shepherd Strutton was indicted for making an assault on Edward Brewer , on the King's high-way, putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 4 l. 4 s. a silk handkerchief, value 2 s. and 6 s. in money, numbered, the property of the said Edward , Dec. 18 . ||
Edward Brewer . On the 18th of December, about ten in the evening, I was going up from Ratcliff-High-Way through the turnpike; the road leads from Ratcliff-High-Way to Whitechapel. I saw three men going the same way. I thought I could go very safe. I spoke not a word to them nor they to me.
Q. Was it light or dark?
Brewer. It was not very dark. I came to the cross road that goes to the Half-way-house: the road goes to Stepney. I turned my head over my shoulder and saw they were just the same as they had been all the way up the road, walking single one after the other. I had not stepped four steps before one of them came up to me. He catched hold of my right shoulder and said, Sir, we have need of you to night. I said I hope you will not go to use me ill; take what I have got. He took my watch and put it in his pocket (a silver one): it cost me five guineas. Then he felt for my money, which was loose in my breeches pocket, as near as I can guess there were seven or eight shillings in silver, some half-pence and farthings: one of the other two came up and took my handkerchief out of my pocket. They were then all three abreast of me: then they bid me go along. I said I wish you all a good night. One of them up with a broom stick and offered to strike me; another said, Don't use the gentleman ill, we have took what he had got. I did not see any weapon the others two had. The first that came up to me was a short thick man, with a flapped hat and a sort of a blue coat on. The prisoner is the very young man that stood at my left hand: whether it was he or the middle one that took my handkerchief I cannot say. The prisoner is not he that took my watch and money. The prisoner's hat was neither flapped, nor cocked, so but that I could see his face.
Q. Did you know him before?
Brewer. No, I did not. I never saw him before to my knowledge.
Q. Did you ever find your watch again?
I know nothing of it. I am a butcher by trade, and lately came up from Northampton to an uncle and aunt in Leather-Lane, Holborn.
For the Prisoner.
Emanuel Martin . I live at the White Bear in Well-street. The prisoner was at my house on the 18th of December, in the evening. I was in my bar; he said, Landlord, have you any company up stairs? I said no; said he, Are you not to have some to night? I turned my head, and looked at the dial; it was almost seven. I said, please to go into that room, some gentlemen will come soon. There was another with him. They went into the room, and called for a pint of beer; before they drank that, in came five or six of the gentlemen; the prisoner and his comrade went up and stayed above half an hour, as near as I can guess. Then they came down and had two Welch rabbits for supper. The maid drawed them a pint of two penny. After that they both came up again, and never quitted the club room till the company broke up, which was about half an hour after eleven. When they came down, they had a glass of brandy at the bar; then the girl said, gentlemen, there are two Welch rabbits to pay for, and a glass of brandy. The prisoner said, You are right, my dear, and put his hand in his pocket, and had not money enough, and he borrowed a penny of another man. After the prisoner was taken, I went into the prison to see him; he told me he was innocent of the fact. There is now one confined that did the robbery.
Q. How do you know that?
Martin. It was mentioned in my house, that the young fellow would turn evidence, and clear the prisoner, but Mr. Fielding would not let him.
Q. Did you know the prisoner before?
Martin. He had been at my house twice before.
Q. How many people were there of the club with him that night?
Martin. I believe there were about twenty.
Q. How near is the White Bear to the new road that leads to Ratcliff-High Way?
Pen. As near as I can say it is near half a mile.
James Man . On the 18th of December I was in company with the prisoner at the White Bear. When I went in about eight in the evening, he was there: I went away about twelve, when he and three or four more went away: I looked at my watch; I believe it wanted one minute of half an hour after eleven. I came down stairs once and saw him eating a Welch rabbit; that was, I believe, just after I got there. I never saw him before. I know nothing of his character in the least.
See him tried before, No. 488 and 580, in the last Mayoralty.
Elizabeth Allen and Elizabeth Jones , spinsters, were indicted for stealing a silver watch, value 3 l. and 2 s. in money, numbered, the property of Terrance Smith , in the dwelling-house of Michael Sarsfeild , December 18. ||
Terrance Smith . On Sunday, the day before Christmas-day, I staid out too late to get home to Gutter-Lane, Cheapside. I staid in a public house, (a night house) in Bow-Street with two or three friends all night; early in the morning I was going through an alley where Michael Sarsfeild lives; being a little acquainted with him I called in; he is the same man that was tried here for running away with a man's box: he saw I was a little in liquor; there was the prisoner Smith: she said to me, you had better lie down on a bed. I went up stairs and did not fasten the door, and when I was asleep they came in and took my watch and money and went away.
Q. How do you know that?
82, 83, 84, 85. (M.) Peter Conway , John Chapman , William Paterson , and John Milbank were indicted for making an assault upon Thomas Brewer , on the King's highway, putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 20 s. a salvatory, value 1 s. a steel pencil-case, value 6 d. and one lancet, value 6 d. the property of the said Thomas , December 22 . ++
Thomas Brewer . I am a surgeon and apothecary , and live at Mile-End : on the 22d of December, between seven and eight in the evening, coming on foot along the New-road , about the middle of the way I saw a man stand behind a watch-box. I suspected his design and I set off a run; upon which a whistle was given, and I was met with by two or three more, one in particular had a bludgeon: it was a very dark night. They cried, Stop! I fell down and they laid hold of me: there were four or five; I cannot tell the number. They asked me whether I had a watch, I told them I had, and put my hand into my left pocket and took out four or five shillings, and said that was all the money I had about me, and they were welcome to it: they searched my coat and waistcoat pockets: they took my watch, my salvatory, a steel pencil case, a lances, some halfpence, and one of my buckles out of my shoe; they bid me say nothing to any body, and have pity on the poor weavers; then they left me: it was so dark I do not know the men: I remember one of them had a blue jacket on. I have nothing to say against the prisoners at the bar.
Mr. Geo. Elliot . I am high-constable. I was at the rotation when the prisoners were there. They all wanted to be admitted evidence. Conway was taken into a room. He desired to speak with me. Mr. Brebrook went into the room with me. Conway said he could make a greater discovery than the rest. He took this lancet out of his pocket (produced in court) and delivered it to Brebrook, and said, this lancet I took from the gentleman that I took the watch from. (A silver watch produced in court.)
Prosecutor. This is my watch, which I was robbed of that evening. At the same time, they took from me such a lancet as this. It was of the same man's make, and it had such a case; but lancets may be so much alike, I do not chuse to swear to that.
Q. to Mr. Elliot. Did the prisoner, Conway, mention this without being assured that he should be admitted evidence?
Mr. Elliot. He did.
Andrew Robinson . I attend the rotation at White-chapel. Upon an information that was given there, I was at the apprehending these prisoners at Shadwell, the day after Christmas-day. We took them into a public-house; there they were searched, We found some gunpowder and shot upon Chapman, and two flints upon Paterson. The next morning they were taken to the rotation-office. While they were examining, the man at the public-house, where they had been taken in and searched, came and brought his watch that is here produced.
Q. Is that man here?
Robinson. No, he is not.
I know no more of the robbery than the child unborn. I get my living at sea. That lancet I had of a young fellow a sailor.
To his Character.
All four acquitted .
(M.) Peter Conway , John Chapman , and William Paterson were a second time indicted for making an assault on John Chambers , on the King's highway, putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 40 s. and 6 s. 6 d. in money, numbered, and a silver pocket piece, the property of the said John , Dec. 21 . ++
John Chambers . I am the master of Ratcliff work-house , I was going home the 21st of December, about a quarter before eleven o'clock at night, from Ratcliffe-cross , at the end of Whitehorse-street. I had this dark lauthorn (producing one) in my hand. I heard some people coming. I held my lanthorn up, and saw Paterson's face as clear as I do now. After I had passed them, I did not hear their foot-steps. One came and got hold of my shoulder; another wrenched the lanthorn out of my hand, and threw it away. I cannot say I know the other men's faces; they were shorter men than Paterson. There were two men before me, one took my watch out of my fob, and another took about five shillings i n silver, and about eighteen-pence in halfpence and farthings out of my waistcoat pocket. They d - d me, and told me, if I spoke a word, I was a dead man. When they first laid hold of me, they took a bunch of keys-out of my pocket, but they gave me them again. Then they d - d me, and bid me go about my business, and if I offered to call out, they would shoot me. I cannot say I saw any fire-arms. I immediately went home. This was not above fifty yards from where I live. I lighted a candle, and went to the place, and found my lanthorn.
Q. Did you know Paterson before?
Chambers. I never saw him before to my knowledge. I saw him the Saturday week after at the Rotation, and challenged him there. I had told the magistrate it was a very tall man. They brought in one man, that was not the man; then they brought in Paterson; then, I said that was the man that I saw. I said he had a sea cap on; then they brought in his sea cap and put it on him. I knew him to be the man.
John Pointer . On the day after Christmas-day, I heard Robert Martin say, if the Justice would admit him, he would open the whole affair concerning some robbery. Justice Wilmot took his information down. He said they always used Mackmullings's house, at the Star, in Star-street. We went down there. Just before we came to the house we saw four men. I knew Conway before we took him, and found gunpowder and shot upon him; and the next morning we were sent to take up Mackmullings, but he was gone. There was a pistol found just by the door, but the person that found it is not here. In Paterson's pocket were three flints.
Jos. Levi . I was at the apprehending these men. In the skirmish, Paterson dropped the pistol. (Produced in court.) When it was produced, Chapman said it was Paterson's pistol. I saw no pistol in either of their hands. We took them in at the Wheat-sheaf. In Chapman's pocket, we found some powder and some large swan-shot; and in Paterson's pocket, we found a knife and three flints. The knife will answer the end of a screw-driver. Conway was one among them. I knew of nothing found upon him.
Robert Martin . I am a carman. I have known Chapman about a month. On St. Thomas's day, at night, he came to me, and asked me to go out with him, to get some money on the New Road. We met Paterson, Conway, and Milbank. We all agreed to go together. Going over the fields, we crossed at Tom Turdman 's Hole. There we asked a gentleman's servant what o'clock it was; he said about ten. Chapman stopped a man, and took his hat from his head. The man said he had but three farthings about him. Chapman put his hat on my head. Milbank went home. Then we went down Mile-End road, and stopped a man upon a horse; he had but three farthings. Chapman or Paterson gave him a penny to get him a pint of beer. Then we stopped a farmer, and he had no money; and we gave him three-half-pence to get him a pint of beer. Then we turned back again. Coming by the World's-End, by Stepney Church, there we met Mr. Chambers. We went a little past him, and Chapman went back again, and knocked his lanthorn out. Then Chapman and Paterson rummaged him, and the other and I stood by. I do not know who took the watch, it was given into Conway's hand. They searched him, and he had no money about him. He had some halfpence and farthings and a pocket-piece in his waistcoat pocket; he said he had no silver. Coming to Mackmullings's house, Conway said he could get but twenty shillings upon the watch. We shared the money, and had
Q. How much had you of the money for your share of the watch?
Martin. I had three shillings and sixpence in all. I saw Chapman buy the pistol; he gave four shillings and six-pence for it; it was all iron. He said he threw it away when they were going to take him. I had the pocket-piece, it had a sort of an eagle on it. I threw it away.
I know nothing at all of it.
I never was with that evidence, nor knew him in my life. I never had a pistol in my hand in my life. I came from Lincolnshire, and have no friend here.
These men did not take me up along with the others. I was going by to my lodging, having been to take my leave of my friends, as I was going to the Indies. He stopped me and brought me into the house. This last evidence never saw me with his eyes before that.
Pointer. They were all four together when I saw them at Mackmullings's.
Paterson guilty Death .
Conway and Chapman acquitted .
(M.) John Chapman and William Paterson were a third time indicted for making an assault on John China , on the King's highway, putting him in corporal fear and danger of his life, and taking from his person a quarter guinea, and 4 s. 6 d. the property of the said John , Dec. 26 . ||
John China . On the day after Christmas-day, between five and six in the evening, I was going from White chapel road up the New-road . The two prisoners at the bar met me about half way on the road. They passed me. I was alone. Chapman ran back and tapped me on the shoulder, and said, if I did not stop, they would blow my brains out, and clapped a pistol to my head. I desired him to put the pistol from my head, which he did, and put it across my shoulder. Then the other, Paterson, took my money away. he had a white waistcoat stripped with red on.
Q. Was it a light or dark night?
China. It was not a light night, but there were three links on the road at that time.
Q. How near were the links to you?
China. They were about the length of the court from me. I thought they were going to rob me, and I took my money out of my breeches pocket, and put it into my coat pocket. They felt for my watch; and they were in such a tremble that they did not find it. I had my hand in my pocket when they stopped me.
Q. What money did you lose?
China. They took a guinea, a half guinea, a quarter guinea, four shillings, or four shillings and sixpence. Then Paterson went to take my buckles. I said, my friend, they are only plated, they will be of no service to you. Then Chapman said, d - n it, never mind it. Then they took my hat; it was a new one; and away they ran. That was brought to me by an evidence here. (Produced and deposed to.) Chapman stuttered. I looked upon him to be in a flurry and frighted, but since I see it is only an impediment in his speech.
John Paget . I attend the rotation at times. Martin was taken up in regard to a watch and a pair of buckles. He said if you will admit me an evidence, I can tell you where all the parties are that have done all these robberies on the New-road. Upon his evidence, we went out after these men, in order to go to the Star in Star-street. There were Levi, Robinson, Pointon and Smith with me. We saw these men were got from the door about twenty yards. I said to Levi, I believe them to be the men: Do you go back, and see if any of them know you. Conway said, Levi, how are you? I ran and took hold of Chapman, and carried him to the next public-house. Paterson ran away, and the rest pursued; he fell down and was taken by Robinson. I there saw them all four together. Milbank that is cleared was one. I took this hat. that has been produced off Chapman's head. Said he, Don't take my hat, for it is my own. I put it on his head again, and we hand-cuffed them together, and brought them along the back-lane. Chapman takes this hat off with his right-hand, being hand-cuffed with his left, to the other prisoner's right-hand, and attempted to heave it away. I catched hold of it, and said,
Prosecutor. The hatter that made it, lives near the New-church, in the Strand. Chapman wanted to be admitted an evidence, and acknowledged shooting the man that is now in the Infirmary.
Chapman. I took my hat off only to scratch my head. I had a fore head.
Jos. Levi . I was at the apprehending these men; we took them in at the Wheat-sheaf, a publick-house, and searched their pockets. There was powder and shot taken out of Chapman's pocket; and some gun-flints, and a knife that will screw a gun, out of Paterson's. As we were bringing them along, through the turnpike, I saw Chapman wanted to sling his hat away, and Paget took it from him. We brought them up to the Man-in-the-moon, by Whitechapel church. We had stopped by the way, and had had a pot or two of beer. I believe it was about half an hour after nine o'clock when we got to the Man-in-the-moon. We searched them again, and under their shirts they had two ruffled ones.
Chapman. The prosecutor said before the justice, he could not swear to any of us.
Prosecutor. I said I should be very loath to swear against any man, but I knew them. I did not say I could not swear to them.
I was drinking at Mackmulling's all that afternoon.
I am innocent of the fact with which I am charged.
Both guilty . Death .
Joseph Hawkins . I live in Shire-lane, Temple bar, and am a printer . On the 16th of December , I was in the Fleet-market , between nine and ten o'clock at night. I stopped to see a man that was in liquor buying some china; the prisoner stood by me. As soon as he was gone, I missed my handkerchief: I followed and saw him behind a green-stall looking at it. I collared him, and he dropped it down; I took it up; (Produced and deposed to.) this was about twenty yards from the place where we had been standing together. I took him to the watch-house; there he said it was the first fact that ever he committed.
I had been standing to see the man buy some things, and was going to get a pint of beer. He came and said I had picked his pocket. I never saw him in my life before; neither did I ever see his handkerchief. I am a porter in the Fleet-market.
He called William Shaw , a poulterer, in Old Fish-street, who said the prisoner was a shagreen-case-maker, and had a good character, as far as he knew. Austin Strickson , who lives on Labour-in-vain Hill, who had known him from an infant, said he had always a good character. And Elizabeth Wonspear said the same.
Guilty . T .
87, 88. (L.) Elizabeth Harrison , widow, and Ann, wife of John Cooper were indicted for stealing a pair of stocking breeches, value 8 s. a flannel waistcoat, value 1 s. a child's robe, value 6 s. three cotton gowns, value 6 s. six linen clouts, value 2 s. two linen shirts, value 3 s. and one damask napkin , the property of Hannah M'Carty , Oct. 11 . ++
Both acquitted .
John Pember . I live in Grosvenor-square. On the 29th of December, I was at Guild-hall , about eleven o'clock in the forenoon. I stood with my back towards these lads. Mr. Pain told me, he saw Bowell take my handkerchief out of my left-hand pocket: he had then secured them both. He accused Bowell with it; and I saw the boy himself pull it out of his breeches. ( Produced and deposed to.)
William Paine . On the 29th of December, at the time of drawing the lottery, I saw these two boys very busy at several gentlemens pockets. The Prisoner went up and leaned over the rail; Jones was by him; he had his hand in his right-hand pocket; there happened to be nothing in it. Bowell wheeled round to his left side, and took this handkerchief out of the left-hand pocket, and thrust it into his breeches. Then I said to the prosecutor, You are robbed; and we accused the boy, and he took it out of his breeches himself.
I was going of an errand, and met this boy ; he asked me which way I was going? We went into Guild-hall, there I saw this handkerchief lying. He picked it up. I am going into ten years of age.
I met this boy, and asked, which way he was going? He said to Coleman-street. We went into Guild-hall, and saw this handkerchief lying; I picked it up, and the people laid hole of me, and said I had picked the man's pocket. I was going apprentice to a shagreen case-maker .
Bowell guilty . T .
Jones acquitted .
See Bowell tried last sessions by the name of Bowen, No. 42, in last Sessions Paper.
Thomas Walker . On the 18th of December, I was at Guildhall . Just as they had done drawing the tickets, at twelve o'clock, the prisoner was talking to me about a minute or two before, concerning what tickets had been drawn. Presently, Mr. Pain came and tapped me on the shoulder, and said, you have had your pocket picked. I felt, and said, I had lost my neckcloath out of my pocket. Pain ran and laid hold of the prisoner, and said, he was the man that had got it. The prisoner denied it; and Mr. Pain took and pulled it out of his breeches.
William Pain . I was in Guildhall. I saw the prisoner take the prosecutor's neckcloath out of his pocket, and put it into his breeches. I told the prosecutor of it; and took it myself out of his breeches. (produced and deposed to.)
I am a barber , and come out of the country to look for work.
Guilty . T .
William Greston . I am servant to Joseph Green , a haberdasher , in Cheapside . On the 5th of this instant, a little after three in the afternoon, the prisoner came to our shop, and desired to look at some black silk lace; she said the same sort she had had a few days ago, at 2 s. 8 d. a yard. There were two customers in the shop. There was a drawer of black lace at the lower part of the counter; she made up to that; I went and took out three cards, and laid them down by the side of the drawer. One of the customers desired me to cut her off a yard of ribbon, saying she could not stay. I did, and at the time glancing my eye towards the drawer, I saw the prisoner make a motion with her left hand, which drew my attention. She then sat down upon a stool, and put, as I then thought, some lace under her left-hand side; I looked, and missed one of the three cards that I had put by the side of the drawer. I observed by her motion, she shoved it under her petticoats, and put it into her right-hand pocket, with her right-hand: then she got up and stood behind a lady that was looking over some double blonds; during this time, I was doing up the yard of ribbon. The lady wanted change for a guinea; I could not change it: I said it was the same, she might pay another time: she went out of the shop. Then I went up to the prisoner, and said, Is any lace here that will do? She said, I find that is gone that I had of before, and you may have more in two or three days, and I'll call again, and went out of the shop. I went out after, and took her about the midway of the window and brought her back again, and said, You have got a card of lace in your pocket. I took her in as far as the compting-house door. She took the card of lace out of her right-hand pocket, and threw it down before me, and said, There it is, let me go. I said, I cannot possibly, we must have some further conversation. I rung the bell, and my master came down. I took her into the compting-house, and asked her her name. She would not tell me, nor her place of abode. At last, she said she lived in Smithfield, and I had five children. I said, Can you send for any person of character to speak for you? She said she could not, and was rather impertinent. I sent for a constable, and took her to the Mansion-house; it was too late for an alderman there. I took her to the Compter; and before Mr. Alderman
Q. Do you remember ever seeing her in your shop before?
Gunston. No, I do not.
I took a piece of lace up to look at it; I happened to be a little hard of hearing; I did not understand what he said; I went to the door to look at it, and he pulled me back, and I throwed it on the ground.
She called William Thomas , a grocer, near Smithfield-bars; Margaret Freak , of Cow-lane; Elizabeth Mercer , of Quakers-buildings; and George Brown , of George-yard, Snow-hill, who said she was an industrious woman, and had five small children, which she had taken care of without the assistance of a servant, in a decent manner; and they looked upon her to be a good wife, and a good mother.
Guilty. Recommended . B .
Leonard Raper . I was coming up Ludgate-hill, on the 10th of this instant, about the hour of seven. I observed the prisoner and another boy before Mr. Darke's window. As I came near, the prisoner ran off, and in his running, I heard a noise as of silk drawing through some confined place, and as he ran, something dragged after him; I followed him across the way, and about the middle of the Old-bailey, I took hold of him, and said he had robbed that shop; he said he had not. He was stuffing something into his breeches; I asked him, What he was pushing there? he said it was his pocket handkerchief. I took hold of the end, as he had not quite got it in, and pulled it out: it was this ribbon. (Produced in court and deposed to by the prosecutor). I took
him back to Mr. Darke's shop; there he confessed he took it through the hole of the shutter, where it screws to the outside shutter.
Prosecutor. The block that the ribbon was upon, was on the inside, at the screw-hole. We imagine he got at the ribbon by a wire, but that might be safely conveyed away.
Coming along, I saw such a thing hanging out. I had no wire about me.
Guilty . T .
James Bennet . On Saturday the 17th of December, crossing the top of Fleet-market , to go up Holborn, about half an hour after ten o'clock at night, the prisoner followed me pretty smartly; I looked him in the face; I suspected he was going to pick my pocket. In a little time, I felt my handkerchief go out of my pocket; I took hold of him; I saw it in his hand; he gave it a sling over his head, and it was gone; there were two or three following him. I called out, Watch! and the watch came directly; and he was taken to the watch-house. It was a linen one.
I never saw him; neither was I near him. When he laid hold of me, there were three people between him and I.
Prosecutor. He was the next person to me, and I saw it in his hand.
Guilty . T .
Q. Did you ever get your guinea and shilling again?
Gilbert. No, I never did. She was there three or four hours. I left Mr. Cook with her, to see if he could persuade her to let me have my money again. She told Mr. Cook, if he would do so and so to her, (meaning in her indecent language) she would give him a crown of it. Finding I could do nothing with her, I charged a constable with her.
It not being a felony, but a trespass, for which he might, and was advised to, bring an action against her, she was acquitted .
She was detained to be tried for assaulting and beating the prosecutor's wife.
See her tried No. 375, and 517, in Mr. Alderman Stephenson's Mayoralty.
John Kirby . On the 11th of December, going out of this court into this yard, I felt a hand in my pocket: I turned about and saw the prisoner with my handkerchief in his hand. I took him with it in his hand, and brought it into court. ( Produced in court and deposed to.)
Mr. Montague. I was at the court-door at the time, and saw the prisoner in court at the time sentence was passing on the convicts last sessions; then he went out, and in a few minutes time, Mr. Kirby brought him in again with the handkerchief.
The Prisoner said nothing in his defence.
Guilty . T .
William Pain . The little boy that had his pocket picked, is named Adam Wright ; he is gone to the boarding-school. On the 8th instant, at the time the fire was in Pater-noster-row, I saw, I believe, a dozen of these little pilfering boys, among the people. I kept my eye upon them. They went from the Pater-noster-row to Newgate-street, and back again. They met this little boy, named Wright; one of them, seemingly out of kindness, took him by the hand to lead him, to shew him the fire, while the rest of the gang picked his pocket, just at the end of Pater-noster-row . The little boy was foremost, pushed on by the others; the flap of his pocket was in so. that his handkerchief was visible. Trigg pushed Harris on to take the handkerchief; he took it out: as soon as that was done, he that had the lad by the hand, ran away. Harris turned about and delivered the
I am not quite eleven years old.
I never took a handkerchief out of any body's pocket. We were standing to see the engine play, and Pain came and took hold of us.
Both guilty . T .
Mary Hutchinson . I am wife to the prosecutor. We keep a tallow-chandler's shop in the Minories . On the 16th of this instant, about seven in the evening, there was an iron half hundred weight stood within the shop to keep the wind from blowing the door to. I saw the prisoner take it up and go off with it. I called out and he was taken immediately. I knew him before, having employed him as a porter at times. The weight was lying about four yards from the door when he was taken.
Sarah Barset . I am servant to the prosecutor. I saw the prisoner take the weight. I went out and stopped him. I saw him give it into another man's hand. It was dropped immediately, and the other man ran away.
I had no weight in my hand. I am a ticket porter .
Guilty 10 d. T .
William Humphrey . I live in Harp-lane, Tower-street, and am a cooper and broker . I had twenty-eight bags of pomentoe in a ship that came up the 13th of December, and on the 14th, I was informed one of them was missing from Botolph wharf . The prisoner was taken and charged with taking it. When before Justice Girdler, he and his friends proposed his going to the East-Indies.
Stephen Robinson . On the 13th of December, there were twenty-eight bags of pomentoe on Botolph wharf. I employed three men to carry them up to a warehouse in Cross-lane, at so much a bag. The prisoner lent them a hand with them upon their shoulders; there being an odd bag, he desired I would let him carry that. I told him, I would give him a pot of beer. It was put on his back, but he never took it to the warehouse. I took him in Old-street, about a month after, and charged him with stealing it. He owned that he did steal it, and said he sold it at two places. I went and enquired at both the places, and both the people are off; one was a man over the water, and the other, a woman in East-Smithfield.
I was employed to carry the bag to a warehouse, and instead of that I carried it to a public-house. I am a porter , and work by the water-side.
Guilty . T .
John Garside . I am servant to Messrs. Beale and Newman. They are grocers . I went down with a carman to deliver some goods on board a vessel at Wool-key , on the 17th of November. There were among the goods four lumps of sugar, directed for Henry Christian , at Deal. I left the cart to see that the vessel was ready; and desired the carman to take care of the goods. Coming back, the carman called to me, and said, a man had stole a lump of sugar out of the cart. He had got the prisoner in hold, and had taken the sugar from him. ( Produced in court, and by the direction upon the paper deposed to.)
Q. from prisoner. How could I run when I have got but one leg?
Hudson. He has a wooden leg, but he ran pretty fast.
I was coming along, and I tumbled over the sugar.
Guilty . T .
Both Acquitted .
106. (M.) Benjamin Jones was indicted for making an assault on Robert Thyer on the King's highway, putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 4 l. six guineas, and two shillings in money, numbered, the property of the said Robert , December 24 . ++
Robert Thyer . I live in Short's-Gardens. On the 24th of December, a little after ten at night, I was in Brownlow-Street , about ten yards from the Lying-in hospital; a young man came from the other side the way; I did not then take much notice of him. When he came up to me he put his left hand to my collar, and with his right hand he put a pistol to my throat; he said something about blowing brains out. I said, What do you mean? I got hold of his collar: then another man came behind me and pinioned my hands down, while the man that stopped me robbed me. He took my watch (a silver one), six guineas, and two shillings: the watch was engine-turned on the edge of the case. I never found it again. As soon as they were gone I hallooed out thieves! and ran immediately after them. The people ran out at the Cross-Keys, and several neighbours saw them, but did not know what was the matter till too late. They took towards St. Giles's. The next morning I went to Sir John Fielding , and described the man that was before me, who robbed me; and two of Mr. Fielding's men went with me to a house in St. Giles's. They asked me if I knew any body there? I said no. Then they took me to another house; the prisoner was there, sitting with his back towards me; he turned his face. I said, That is the man that robbed me! Then Mr. Stephenson (one that went with me) said Ben, (he seemed to know him.) He searched him, and found only a shilling, a penny, and an ear-ring in his pocket. We brought him to Sir John Fielding ; there he was asked, Where he lodged? He said that was nothing to them, and would nottell. They put him into the Round-house; and on Monday he was sent for before Sir John; there he told many false stories about his lodgings. We went from place to place; and when we came to the place where he said he lodged, the people said he never lodged there; they knew no such person. He begged to be sent to Tothill-fields bridewell; he was carried there. He was brought up again on the Wednesday to be examined; then he brought a parcel of girls to swear he was with them the night I was robbed, till a quarter after eleven o'clock. There was a girl swore she parted with him at the time of lighting the lamps, and went down with him to where she lived at Westminster, and they were there together some time.
In a very few Days will be published the second and last Part of these Proceedings, containing the Remainder of this and the other Trials.
Saturday the 20th of JANUARY, 1770.
NUMBER II. PART II.
Sold by S. Bladon, at No. 28, in Pater-noster-Row.
King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.
Q. ARE you sure the prisoner is the man that robbed you?
Thyer. I am. He was in the front of me.
Q. Was it light or dark?
Thyer. There was a lamp over my head at the time, and two in the front farther on.
Q. How was he dressed?
Thyer. He had a brown coat on, buttoned up: and he had that same coat on the next morning when we took him up.
Q. Did you know him before?
Thyer. I never saw him before, to my knowledge.
Q. from prisoner. Did you not say at Sir John's that the man had a wig on?
Thyer. In my fright I did say at Sir John's I thought he had a sort of a cut wig on, but I was not sure. (The prisoner had his own hair). I took particular notice of his face.
Thyer. No. I said it was about ten yards from the hospital.
Q. from prisoner. Did you not say I was like the man as one man may be like another?
Thyer. They said, Are you sure that is the man? I said as much as one man is like another. Said Justice Wright, What do you mean by that? I said I am sure he is the man.
Q. from prisoner. Would not Sir John have discharged me if you had not insisted upon prosecuting me?
Thyer. A gentleman said, Let us have the two brothers up: his brother was brought up (or another man in that name ). I said they are not like each other. That is the man that robbed me, and pointed to the prisoner.
Q. from prisoner. Did you not swear before Sir John it was before the watch was set?
Thyer. When I cried thieves (upon their running away) the watch was gone: then I thought the watch was not set. I told Sir John it was as night ten o'clock as possible, and that the watch was not set.
Q. Where had you been that night?
Thyer. I had been with a gentleman from Lynn in Norfolk, at the Coachmaker's-Arms, Long-Acre. That was the only house I had been drinking at.
Q. Was you sober?
Thyer. I was as sober as I am this minute.
Q. Was you in your way home?
Thyer. I had been with that gentleman from
Q. from prisoner. Did not you say at the Mogul, after the examination in the afternoon, that you could not swear to the man, because he had a black wig on?
Thyer. No, I never thought he had a black wig on; I thought he might have a brown one. I said I was quite clear he was the man. I allow the wig had a little puzzled me, but when I came to recollect the man's face, it was all over.
Jos. Stevenson . I saw the prosecutor just after he had been before Sir John. He told me, the man was dressed in a brown coat, and he believed he had a brown wig on. He described the man so much, that I believed the prisoner to be the man. I said, if he had a wig on, he cannot be the man that I imagine.
Q. How did he describe him?
Stephenson. He described his size, a slim youth, rather taller than himself, and had a soft voice. Then I said, I thought it was Benjamin Jones ; I told him, we would take a walk up into the ruins of St. Giles's, (being Christmas-day) and see if we could find the people that had robbed him. I and my companion went in at the King's-arms, in Maynard-street; I saw the prisoner there; he was leaning over a settle; I asked him, how he did? Then the prosecutor came in. I said, Will you look about, and see if you know any body here? (I had told him, if we stopped a minute or two, to come in) He pitched upon the prisoner, and said, That is the man that robbed me, if one man is like an other (or something like that) Then I took and searched him, and found a shilling, a penny, and an ear-ring in his pocket. I carried him down to Sir John Fielding . He would not tell where he lodged; he named a place, but when I went to search, the people said, he never lodged a night in the house in his life.
This is a malicious prosecution. I can prove where I was from seven o'clock that evening, till eleven. I was at the Green-man, in New-street; and from thence I went to Cecil-court, in St. Martin's-lane; and went home at eleven o'clock to my lodgings, at Mr. Simpson's, a stay-maker, in Turner's-court, St. Martin's-lane. I am a taylor , and work with my brother, in Monmouth-street.
For the Prisoner.
Francis Lucas . I happened to be at Sir John Fielding 's at the time the prisoner was examined. The prosecutor related much the same he has here. The prisoner had two women there, to prove he was in another place at the time. The prosecutor was called again; and he said the prisoner was like the man, as one man may be like another. I thought his evidence was not quite so full as at first. I know nothing of the prisoner.
Philip Reynard . I am a carver, and live in Rebecca-court, on the top of Well-street, Oxford-road. On the day before Christmas-day, my wife and I, in coming home, about seven o'clock in the evening, met the prisoner in the piazzas, Covent-garden; we went to the Green-man, in New-street, and had a pot of beer, and staid there rather more than half an hour; he seemed to be a little in liquor. I parted with him at the door. He is a taylor. I don't know where he lodges.
Mary Green. I am a millener and child's-coat-maker. I was in company with the prisoner on Christmas eve, at Mrs. Webster's, in Cecil-court, St. Martin's-lane, in Jane Dove 's room, from between seven and eight till a quarter after ten o'clock. I lodge in the same house. I left him in that room when I went up to bed. There were three women of us in the room with him, Jane Dove , Mrs. Webster, and Ann Webster .
Q. Had you any tea; or any thing to eat or drink?
M. Green. No, we had not?
Q. How did you employ yourselves?
Q. Who else were there in your room?
Q. Had you any thing to eat or drink?
Q. Who partook of it?
J. Dove. Jones, Lidia, Green, and myself. Jones staid in the room with me after they were all gone. They stayed till within ten minutes or a quarter of an hour of eleven.
Q. Had any body words in anger?
J. Dove. Jones and I quarrelled, but I do not know what about.
Lidia Hanwell . I lodge at Mrs. Webster's. The prisoner used to come backwards and forwards to Jane Dove . I came into her room on Christmas eve, about seven o'clock; the prisoner came in between seven and eight o'clock. There were Green, I, and a young man, when he came in. Dove and Jones had some words about a young man.
Q. What had you to drink?
Hanwell. We had nothing to drink. I stayed till half an hour after ten o'clock, and left Jones and Dove in the room.
Mrs. Webster. I live in Cecil-court, and let lodgings. I know the prisoner was in my house on the Sunday evening before Christmas-day. There were words betwixt him and a young woman. I called him down, and said, I would have no noise in my house: he said he would no more. I do not know how long he stayed in the house; I can only swear, he was there till betwixt nine and ten o'clock.
Guilty. Death . Recommended .
See him tried before, No. 626, in Mr. Alderman Harley's Mayoralty. No. 171, in Mr. Kite's Mayoralty. And No. 314, in Mr. Alderman Turner's Mayoralty.
107, 108, 109. (M.) William Moody , Charles Burkitt , and John Jones, otherwise Posnett , were indicted for breaking and entering the dwelling-house of John Wood , on the 2d of December, about the hour of three in the night, and stealing a pair of silver shoe-buckles, value 10 s. a pair of silver knee-buckles, value 5 s. a leather pocket-book, value 1 s. a canvas bag, value 1 d. 12 guineas, six crown pieces, and 3 l. 18 s. in money, numbered, the property of the said John, in his dwelling-house . *
At the request of the prisoner, the witnesses were examined apart.
John Wood . I live in Petty-France . My house has three how windows in the front. I had been spending the evening the 2d of December . I went home about one o'clock in the night. I having the key with me, I double-locked the door, and bolted it, and took the key up into my room, as I always do. The shutters to the windows were all made fast. Between four and five o'clock, the watchman knocked at my door; I lying backwards, did not hear him; but my apprentice heard, and came into my room and awaked me, and told me, the watchman said my house was broke open. I got up and went down stairs; the watchman stood at the door; I asked him, How this could happen, as his box was so near? (about 30 yards from my house.) He told me, it was done when he went his rounds. I ordered my apprentice to sit up till day-light, as no fastening could be done then. They had made an attempt at all the shutters of my fore-parlour; they got the middle shutter so far loose, as to turn it on one side, so as to get at the sash to fling it up. I found my bureau broke open, which was fastened over night; several drawers were taken out, in which were many papers, and turned bottom upwards. I missed 15 guineas in gold from one drawer, several crown and half-crown pieces, some little Spanish pieces of money, and a yellow canvas bag of halfpence, to the value of 5 s. 6 d. a pair of silver shoe and knee-buckles, and a large black leather pocket-book, with many notes in it. I saw my shoe and knee-buckles, and canvas bag at Sir John Fielding 's, about a fortnight after. I had wore the shoe-buckles many years; and the knee-buckles are of a different kind; my brother wore them many years, and when he died left them to me. I never saw the prisoners to my knowledge, till I saw them before Sir John Fielding .
Henry Wright . I am turn-key at Tothill-fields bridewell. There were informations brought to Sir John Fielding , of several robberies; upon which, six of us were ordered to patrole at Chelsea. We were out three nights: the third night I came from the road about half an hour after ten o'clock, which was the 15th of December, to bridewell. There was a person had been waiting for me two hours; he said, he could tell me where the people were that had committed robberies on Chelsea-road. I went as directed, with three or four people, to the Hole-in-the-wall, Bow-street, Westminster. There I apprehended Moody, Burkitt, and Settle: I searched them all, but found nothing particular on them, but a large knife. We tied their hands, and took them to Tothill-fields bridewell for thatEliz. Heydon , the woman of the house, took this yellow canvas bag out of her pocket, and delivered it to me. (Produced in court) Mr. Wood appeared at Sir John's and swore to it.
Mr. Wood. This is my property, which was taken out of my house, the night my house was broke.
Wright. On the Thursday following, I received a letter from the prisoner Jones, with a turkey. The letter appeared to have been sealed, and by breaking it open, he was discovered and taken.
Q. Who had been in that room?
E. Heydon. A hundred people, for what I know.
Q. Look upon the prisoner, and say if either of them were there.
E. Heydon. It is possible they might, I cannot say.
Q. Did they frequent your house?
E. Heydon. They did, they used to come every day.
Q. How long had you found it before you delivered it to the turnkey?
E. Heydon. I cannot tell; it might be within a week after I found it, that I gave it to him. There was a search-warrant, and I took it out, and they claimed it.
Mary Jesson . John Settle lodged at my house about twelve months. I never knew any harm of him. He said to me one day, Mother, will you take and pawn these knee and shoe-buckles for me? I can't tell justly how long that is ago. I asked if they were his own? He said they were. I went and pawned them, and brought him the money. I don't know the man's name, but he is here to be examined.
Prosecutor. These are my buckles, which I lost when my house was broke.
John Meredith . On the 21st of December, in the morning, between five and six o'clock, some people came to my house for some purl. It was reported, that the Fulham coach had been robbed by three or four men. A coachman hearing this discourse, that drove the ten o'clock stage, called a little after ten, and told me, there are two men at Mrs. Trevet's, at the Six-bells, over against the church in Hammersmith, which she does not like; and they have sent me with this turkey, and a letter. He shewed me the letter, and I read it: it was directed to Henry Wright , keeper of Tothill-fields bridewell. The contents were, to let him know he had been seeking them in town and country, but without success; and they had sent him a turkey for him and his wife, for Christmas-day's dinner, which they hoped he would accept; and that they were going out of town, and hoped things would in a little time be quiet, &c. Signed John Jones , and John Bromley . I went to the Six bells. and saw John Jones , and John Bromley, sitting in the Chimney-corner. I asked Mrs. Trever, How long them men had been there? She said from about eight o'clock in the morning. She said they had a turkey; first of all, they were going to have it dressed there; then they were for sending it to town. I went to the headborough to bring up his staff, and get another man or two; and went to them, and told them they were both my prisoners. After Bromley's hands were secured, I told Jones I must search him. He said he would not be searched, without it was done by force, or before a magistrate. I told him I was mayor there, and I would search him. In the mean time, I heard Bromley desire to be let go. I took this pistol from Jones, loaded with a brace of balls, and primed, (produced in court) and some loose powder, and about 4 s. 6 d. in his pocket. Then I called for a cord, and pinioned him. Then I searched Bromley, and took this pistol from him, primed, and loaded with a brace of balls; (produced in court) Out of his other pocket, I took three chissels, an iron tobacco-box, with tinder, flint, and steel in it; (produced in court) and a pair of plated spurs, which Jones said were his. (I returnedJohn Fielding , or Mr. Welch? They said, they did not chuse to go before Sir John. I took them before Mr. Welsh. They both said, going along, they would not answer the justice; they would sham drunk, and so they did. When I came to bridewell, Mr. Wright was at the hatch, with the letter, reading it. I heard him say, This is very high to send me a turkey. I said, Mr. Wright, can't I have a glass of wine with you? He said, How do you do, Mr. Meredith? Going by some of the prisoners, he said to one of the prisoners, Here is Jones and Bromley have sent me a turkey, and service to you. Said the other. I wish they don't come to eat a leg of it. Said Mr. Wright, they are gone to the west of England. I went to the bar, and got a jill of wine, and said to him, What are these two men? He said he had been several times after them, but could not meet with them. I said, I am told they are taken at Hammersmith to day, and if you go along with me, you may see them. They are now at Justice Welch's office. Said he, Then I'll go along with you, and fetch them home. As soon as she came into the office, he said. They are the two men that we want, and mentioned their names. Then Mr. Welch desired his compliments to Sir John Fielding , and desired he would take them to examiner, as there were informations against them with Sir John.
Q. When you took them at Hammersmith, did you mention any thing about the letter to them?
Meredith. No, I did not.
' This comes with our kind respects to you, ' hoping these few lines will find you well, as ' we are at present. We have heard of all your ' schemes in town and country after us; but, ' thank God, it has been of no use, nor I hope ' it never will, until after all is over; and if nothing ' happens before, you will see us in town ' about five or six weeks, and then we shall be in ' hopes, all will be quiet. We have taken this ' opportunity of sending a turkey to you and ' your spouse, for dinner on Christmas-day, and ' we hope it will be agreeable; and so to conclude ' the whole at once, we have set off into ' the west of England, and there were intend to ' remain, until all is quiet. If you please to ' remember us to William Moody , and Charles ' Macey, and all acquaintance. So no more at ' present.
John Settle . I have been acquainted with Burkitt and Moody about six months; and have been very well acquainted with Jones. I cannot justly tell the time, we all four went out together, to take a walk, with no intent to rob any body, or to break houses.
Q. Was it before or after Christmas?
Settle. It was before Christmas, I believe three weeks or a month. We went from the Hole-in-the-wall, in Bow-street, towards Chelsea, in the evening; we drank some beer, and spent all our money. Coming home, we did not know what to do for more; we made an attempt to break a house; I don't know whose house it was.
Q. What time of the night was it?
Settle. I cannot justly say; I believe there was somebody sick opposite the house, and they heard us, and we were disturbed. We went away through some courts. Then I staid at a distance, and they all three went away by themselves; I might be an hundred or two hundred yards distance from them, for fear any body should come by. When they came to me again, hey never said a word to me; but we went down to the Hole-in-the-wall again, and had a pot of beer at coming in.
Q. How long had they been gone from you?
Settle. About ten minutes.
Q. Where is the house you made an attempt on?
Settle. It is in Petty-France.
Q. What time was it when you got to the Hole-in-the-wall?
Settle. I cannot say what time, I believe it was morning. I went to bed there.
Q. Did you receive any money of either of them?
Settle. I received none, nor saw none.
Q. Did they go to bed there?
Settle. I do not know; nor do I know where they went.
Q. Did you leave them there when you went to bed?
Settle. I do not know.
Q. When did you see them again?
Settle. I saw them the next morning.
Q. Did you see any buckles then?
Settle. Then Moody said he had bought a
Q. Did you know that young fellow?
Settle. I do not know that I saw him ever before or since.
Q. Was Jones in the house at that time?
Settle. He was. I told Moody they were very cheap; and asked him if he would sell them again. He said yes, I should have them for a shilling advance. I said I had no money. In the winter time I shall go to Billingsgate and buy fish, and in the summer time I go a fishing; when I got money I would pay him. He told me I should have them, and pay him when I could. He let me have them. We drank together, and then went to Mrs. Jesson's in Blackfriars.
Q. Who went with you?
Settle. Moody and Burkett went with me. I had the buckles in my pocket, and desired Mrs. Jesson would go and pawn them for me. She asked me if they were my own? I told her yes. She went and pawned them for seven shillings.
Here it was observed by the court and the jury, that in the course of his giving his evidence, he had his eye constantly looking at the prisoners; and that from his first coming into court, there had been winking and motions made to each other. He was ordered not to look towards them.
Q. What was done with that money?
Settle. We spent about a shilling of it in liquors. She drank some of it.
Q. Did Moody and Burkett hear what past between her and you?
Settle. They did.
Q. What was done with the rest?
Settle. They had no money, and I gave them some of it when we came out.
Q. Look at this yellow canvas bag. Do you know it?
Settle. I have seen such a bag like this, at the Hole-in-the-wall. I cannot saw that this is it.
Q. When did you first see it?
Settle. I do not know that I saw it, till I saw Mrs. Heydon have it.
Q. Did you see these pistols or chisels that night you were out together?
Settle. No, I did not.
Q. to Mr. Jesson. Were Moody and Burkett present at that time the evidence brought the buckles?
M. Jesson. Not as I saw. He came alone.
Q. Did you drink some beer with them that night.
M. Jesson. I did not.
Q. to prosecutor. Do you remember any opposite neighbour being sick at the time your house was broke open?
Prosecutor. No, I do not.
Thomas Wood . I live with my uncle, the prosecutor. He gave the same account of the house being broke, and the things missing, as the prosecutor had done before, with this addition; that when the watchman called them up, it was as he was calling the hour four; and that he went to Covent-Garden round-house to Settle, who told him he was one at the breaking the prosecutor's house in Petty-France, and that there were somebody sick in the opposite house, as he thought; and that it wanted a quarter of one; and on hearing the watchman coming, they ran down a little alley, called Horshoe-alley, till he was gone by; then they came to the house, and forced the shutter; and Burkett was the first person that went into the house, and Jones followed him, and came out again, and said he could do nothing with the bureau; and then Moody went in and broke the bureau.
Q. Have you inquired whether any body was sick opposite your house?
Q. to Heydon. Had Settle laid often at your house?
M. Heydon. He lay at my house a great many times.
Q. Do you remember any thing of a lusty man selling a pair of buckles at your house?
M. Heydon. No, I do not.
Q. Do you remember Moody having a pair of buckles like these?
M. Heydon. He had a pair very much like these.
Q. Did you ever wear them?
M. Heydon. I did wear them about an hour.
Q. Did you ever see these chisels in Bromley's possession?
M. Heydon. No.
Q. Were these four men often at your house together?
M. Heydon. They were very often, separate and together.
Q. from Jones. Was I not ill at your house?
M. Heydon. He lodged at my house. He said he had a bad disorder upon him; and I said I would write to an acquaintance in Guy's hospital to get him cured.
I bought these buckles of a young man at Mrs. Heydon's house for seven shillings; and Settle seeing them, he asked me what I would have for them? I bought them for eight, and paid him five, and was to pay him the rest.
I was along with Moody and Jones at the Hole-in-the-wall. A tall young man came in with a pair of silver shoe and knee buckles. Moody bought them of him: I cannot say how much he gave for them. Soon after Settle came in, he desired to see them. He asked Moody if he would sell them. He said yes. Settle said, I have not money about me, but if you will trust me, as soon as I have it, I will pay you. He sold them to him. Said Settle, I am going down to Mrs. Jesson's, will you go along with me? They went together. When they came back, Moody said, he gave him five shillings in part. I asked Moody to lend me a shilling.
I am a coachman . I drove lord Harrington, and several gentlemen. I was out of place at that time, and my mother allowed me eight shillings a week till I got a place. I went to my aunt for the money allowed me, and returned to the Hole-in-the-wall, and lay with a soldier that was quartered there.
Moody and Jones guilty Death .
Burkett acquitted .
M. They were all three a second time indicted, for making an assault on Francis Lucas , Esq . on the king's highway, putting him in corporal fear and danger of his life, and stealing from his person a gold watch, val. 15 l. one gold chain, val. 20 s. and two cornelian seals set in gold, val. 20 s. each, his property , Dec. 10 . +.
The prosecutor deposed, that he was stopped and robbed in his carriage, coming from Chelsea , about seven in the evening, on the 10th of Dec. of his gold watch, chain, and seals, as in the indictment; but it being dark, could only say there were more than one or two; but could not swear to either of the prisoners. The only evidence that could say any thing to the fact was Settle. There being no evidence of credit to corrobarate his testimony, he was not examined.
All three acquitted .
110. (M.) Stephen Dunn was indicted for making an assault on Arthur Owen , Esq; putting him in corporal fear and danger of his life, and taking from his person a watch, with a metal box, and shagreen case, value 3 l. a chrystal seal, set in gold, value 3 l. a steel chain, value 2 s. a half guinea, and a quarter guinea, the property of the said Arthur , November 10 . ||
Arthur Owen , Esq ; I was stopped by a man on horseback, as I was in a hackney-coach, between Hyde-park-corner and Little Chelsea , on the 10th of November, between eight and nine in the evening. He demanded my purse and money, which I delivered to him, consisting of a guinea, half a guinea, and a quarter guinea, and some silver. After that, he demanded my watch, which I gave him. It was a pinchbeck watch, in a shagreen case, a steel chain and seal, set in gold. Then he went off, and I went on. It was moon-light, but I did not take particular notice of him. I have seen my watch since, and know it by the maker's name, and having had it in my possession about twenty years.
William Barnet . I am footman to Sir John Fielding . Sir John having had information of some robberies being committed, I saw the prisoner ride gently down as if he was going towards Hyde-park-corner, as I was coming out at my master's gate at Brompton, about nine o'clock one evening. I went in and told Sir John I had seen such a man, of whom I had a suspicion he might be the man. Sir John ordered me and my fellow-servant to take horses and go and attack him.
Q. Why did you suspect the prisoner?
Barnet. I had seen him on horseback in a bye-lane two nights before. We rode after him, and enquired, and found he had not gone through the turnpike. Then we rode towards Little Chelsea, and between the Queen's Elm and Little Chelsea, we let him go past about two hundred yards. We had each a pistol, and rode to him, and said if he did not submit we would blow his brains out. He had a cane in his hand, and began playing away with it, and broke my fellow-servant's head very badly. It was a little cane, and I believe it had a bullet in the end of it. After a good deal of resistance we secured him. There came a hackney-coach, and we put him into that, and carried him before Sir John Fielding at his house at Brompton; but before that I searched him, and found a brace of pistols upon him, one in each pocket. They
Q. to prosecutor. Had the man that stopped the coach a pistol?
Prosecutor. I saw one in his hand.
Barnet. I found also upon him a bag of gunpowder. (Produced in court.)
Thomas Coome . The prisoner hired a horse of me five days. The last time I let him a horse, I understand he robbed Mr. Stone. I know nothing relative to this robbery. I do not know the days of the months that he hired the horses.
John Noaks . I am a constable. There was a woman came and made information before Sir John Fielding , that she saw the woman, that passes for the prisoner's wife, have several watches. I went as directed, and the woman shewed me where she had buried them, in a stable-yard, at one Terry's in Peter-street, Westminster, there I found this watch. (Produced in court and deposed to by the prosecutor.) I found also three other watches with it. It was on the right-hand side by a water-tub in a box. This was on a Monday; and, I think, the prisoner was taken the Saturday before.
Dorothy Terry . The prisoner did lodge at my house. I once saw he had five or six watches. I saw this watch here produced lying on the mantlepiece more than one month before he quitted my house. He quitted me last Christmas. There is a scratch on the dial plate. I never looked on the inside. Mrs. Dunn's mother came the night after he was taken up. The wife said her husband was taken up. There was a case in which were these watches. I saw her put this watch among some others, and she left them at her mother's house. I went with her. Mrs. Dunn said her husband had lived with a gentleman that had left him that watch, and had put it by her side.
I know nothing at all about the watch, nor ever saw it.
To his character.
James Miller . I keep the Blue Anchor in Peter-street. I never saw no other by the prisoner than that of a very civil man. He has sent over for a pot or a pint of beer. I never was in company with him in my life.
Mrs. Brown. I have known him about ten months. We both lived with Mrs. Abington, He was there about ten months. I have been there nine years. He has been discharged better than three months. She did not chuse to keep a married man in the house was the reason she parted with him. He had a great trust while there. The plate was in his care. He had the character of an honest man the time he was there.
(M.) He was a second time indicted for making an assault on Robert Elliot , on the king's highway, putting him in corporal fear and danger of his life, and taking from his person a silk purse, value one penny, one six shillings and nine-penny piece, six half guineas, and one five-and-three-penny piece, the property of the said Robert , November 19 . ||
Robert Elliot . On the 19th of November, I was in a post-chase, coming from Belfound, on the other side Hounslow , about four o'clock in the afternoon, I was stopped by a young man about a quarter of a mile on this side the house where I dined. He shewed me a pistol and demanded my money. He was without boots and had white stockings on, cotton or thread. I delivered to him, I believe, between three and four pounds. I know there were six half guineas, a six-and nine-penny piece, and a five-and-three-pence in a silk purse. It was done very quick. He was not above a minute with me. I believe it was the prisoner, but I will not be positive; one man may be like another; he is very much like him, and had on the same kind of cloaths the prisoner has on now. Francis Doyle was with me. He robbed him before he did me.
Francis Doyle . On Sunday the 19th of November, as I was returning in a post chariot with Mr. Elliot from Belfound, where I had been to see my wife and child, about a quarter of a mile on this side the thirteenth mile-stone, the glass of the chariot being up, there came by a person, who seemed to me to be the prisoner, mounted on a chesnut or sorrel horse. He had white stockings on. He turned round immediately, and the chariot stopped. I saw a pistol at the glass. The person swore very terribly to let the glass down directly. Mr. Elliot could not get it down. I assisted but could not. I pulled down the glass on the other side, and put my head out with my money to give it him. He said, if I did not take my head in, he would blow my brains out immediately. I don't positively swear the prisoner is the man. It was but a short time he was with us.
Doyle. I cannot upon my oath take upon me to say the prisoner is the man; one man may be like another; he is like the man.
No evidence produced.
112. (M) Thomas Dunk was indicted for making an assault on John Read , in an open place called the Green-park, near the king's highway, putting him in corporal fear and danger of his life, and taking from his person a pinchbeck metal watch, value 4 l. a pinchbeack metal watch chain, value 4 s. a cornelian seal set in pinchbeck metal, value 12 d. half a guinea, and three shillings in money numbered, the property of the said John . And Mary Paterson for receiving the watch, being part of the said goods, well knowing it to have been stolen , October 30 . ||
John Read . On the 30th of last October, about a quarter past eight in the evening, I was coming down from Lord Bath's gate, to the bottom of the pond in the Green-park . I saw the prisoner and evidence coming through the Queen's gate. They met me about the bottom of the pond. Marshall came up first, and held a pistol to my head, and said, sir, your money, Dunk came on the other side me. Marshal took my watch and some silver, a pinchbeck metal one, chain of the same, and a seal with the impression of Mercury on it. The key and book were gilded. Dunk took from my left breeches pocket, half a guinea. They said, D - n you, you have more money, and if I would not hold my peace, they would do me farther injury. I said, gentlemen, I cannot say what money I have got. I never am without some. You are both looking for it, take what you can get. After they had done, they said, Go along, Sir. I went towards the wilderness, and came home directly. After that, I went and told Sir John Fielding what had happened. He sent four men with me to search the Ambury. We searched, but could not find any of them. On the Sunday after, I was sent for to come on the Monday morning to Sir John. I went. The prisoner and Marshal had been taken two days before. They were brought there. Sir John asked me, if I could swear to either of them. I said, I was pretty sure they were the men, but I did not swear to them till I had recollected myself. They were in soldiers jackets when they robbed me, and I took particular notice of their faces and voices. When I gave information of them, I gave an account of the colour of their clothes. Marshal told every particular of the robbery, and where the woman at the bar sold the watch. He said, they met me about the middle of the park, and that he took from me my watch, and three shillings in silver; and Dunk took the half guinea: and that they saw me afterwards going home towards Rosamond's pond. He said, the woman sold the watch to some Jew in Duke's-Place, and the prisoner and he went to some public-house there, while she sold it; and that she told him, she could dispose of the King's crown, if she had it there.
Q. Did you ever see your watch again?
Read. No, I never did. The woman was brought there. She at first, when charged with it, denied it, and at last said, if she knew where she sold it, she would tell me; but she did not know the house. She admitted she had sold it. I had described the watch to her. It was engraved with a basket of flowers on it.
Paterson. He told me he had lost such a watch, and he would give me a guinea if I would tell him where it was. I said, I knew nothing at all of it.
Prosecutor. I did offer her a guinea. A gentleman there said, if you offer her a guinea, perhaps, you may get your watch again.
James Carley . On the 31st of October, I saw a watch (it was either gold or metal, I cannot say which) in the custody of Dunk. This was in my own house. Dunk was saying to the soldiers, they were black-guard fellows. Saying he was a thief; he lived as a thief, and would die as a thief.
Thomas Jackson . I was on the guard at Kensington palace. On the 31st of October, Marshall was on the guard along with me. Dunk came there between six and seven in the evening to the suttling-house, and called for a pot of beer. Marshall and he drank together. One of the men that were at guard with me, had some words with them. Dunk, out of bravado, pulled a watch out of his pocket; whether it had a ribbon or a
Thomas Marshal . I cannot tell the night; it was between seven and eight o'clock Dunk and I robbed the prosecutor. I took his watch. The gentleman pulled out his money himself, and gave it me. I gave Dunk the watch to sell, and went on guard the next day. He told me he could get but a guinea for it. This was done before I came off guard.
Q. What do you know against the woman at the bar?
Marshal. I know nothing against her but what Dunk told me.
Q. Where was it sold?
Marshal. That I do not know.
Q. How much of the money had you?
Marshal. I had half a guinea of it.
A young man that came from Bath had that watch, and he wanted some money, and I lent him three guineas upon it. That was the watch Jackson and Carley speak of. After that the young man paid me the money, and took his watch again. He is gone down in the machine to Bath. He could not stay till my trial came on.
I know nothing at all about it.
Dunk guilty Death .
Paterson acquitted .
(M.) They were a second time indicted. Dunk for making an assault upon Ann, wife of John Clark , in an open place, called the Green-park, near the King's highway, putting her in corporal fear and danger of her life, and taking from her seven silver tea-spoons, value 10 s. a pearl necklace, value 3 s. a linen handkerchief, value one penny, and 4 s. in money numbered, the property of the said John . And Peterson for receiving the pearl necklace, well knowing the same to have been stolen , October 17 . ++
Ann Clark . My husband is named John Clark . On the 17th of October, about half an hour after seven in the evening, my husband and I were going to Brompton: Coming by the side of the Reservoir in the Green-park , I perceived two men on the other side the pond. My husband and I were full of conversation. I said to him, there are a couple of men on the other side the pond. As we went on, I observed them following us. I said, they will hear what we are talking about. When Mr. Clark came within about ten yards of this side the gate that leads into the grove, all on a sudden the two men surrounded us. They bid us stop. My husband said, what must we stop for? They pulled out two bludgeons, and held one over my husband's head, and the other over mine. One of them said, D - n you, stop, or I'll knock your brains out. I burst out a crying, and said, I was in a great deal of trouble, having lost my children, and begged they would not hurt me. One of them put his hand into my left hand pocket, and took out seven silver tea-spoons, a pair of pearl necklaces, a red and white handkerchief, and out of my right-hand pocket, they took out between three and four shillings, and two or three pennyworth of halfpence. I took a quarter guinea out of my pocket, and put it in my mouth, and looked in one of their faces, fearing he should see me, and take it out, which made me take more notice of him. I saw the other man take my husband's watch, by giving it a jerk. They took what money he had in his pocket, which was not much. They took a parcel of keys from him, and gave them to him again, saying, they are of no use. After this, my husband pulled off his hat, and said, I thank you, gentlemen, for not hurting my wife. After they were gone, my husband ran, thinking to get to them before they got out of the park, but he missed them. They turned as if they were going down the Queen's-park.
Q. Which of them was it you took particular notice of, him that robbed you, or him that robbed your husband?
A. Clark. Of him that robbed my husband. I saw him since at the Brown-Bear, Bow-street; that is the man now at the bar. He had just such a coat and waistcoat on then as he has now. My husband went to Sir John Fielding and made information of this; and it was about ten days after the robbery that I saw the prisoner at the Brown-Bear. I pointed him out myself, from among several people that were in the room. I did not chose at that time to swear to him; and as my husband had pointed him out two or three days before I saw him, I thought there was no occasion for me to swear. I knew him directly, though his dress was not the same there. Then he had a scarlet waistcoat on, not the same as now. I saw my necklace and Cornelian seal at Sir John Fielding 's. That seal was on my husband's watch when they took it. I heard the woman
Q. How came she to confess this?
A. Clark. The evidence Marshal told the story of the robbery, and that she had the things. Then Sir John asked her, and she confessed it.
Q. Did your husband or you offer her any thing to confess?
A. Clark. No, we did not. My husband said he would not give them sixpence to confess.
Walter Cornish . I was at the apprehending Dunk and Paterson, together, on the 4th of November, in a lodging, in Stable-yard, Westminster. Looking round the room, I saw some soldiers clothes. I asked him if he was a soldier; he said, No. I asked him whose clothes they were; he said, a friend of his. I asked his name; he, at last, said Marshal. I found this seal on the mantle-piece there, which Mrs. Clark's husband said was to his watch when they robbed him. Dunk said, there was a necklace at one Flumery's. I went there, and found it. (The necklace and seal produced in court.)
A. Clark. This necklace I was robbed of at that time in the Green-park, when they took my spoons. This seal was to my husband's watch at the time. He has had it twelve years. I have been married to him ten, and know it very well. My husband can't be here. He is a prisoner in the King's Bench.
Thomas Marshal . I was with Dunk when we robbed this woman and her husband, just by the gate by the grove. We took seven silver teaspoons, and a watch and a necklace. I cannot justly say how much money there was. The watch was taken from Mr. Clark; the teaspoons and necklace from the woman.
Q. Who robbed the woman?
Marshall. I did; and Dunk robbed the man.
Q. What became of the things?
Marshall. Mary Paterson took the watch, and seven tea-spoons, and sold them the next day for a guinea. She and Dunk lived in Stable-yard together. We all three went together. Dunk had half a guinea, and I the other. Dunk took the seal off; that was not sold with the watch; that was found in the room when we were taken up. I saw it two or three days after the watch was sold; and I once or twice saw the necklace about Paterson's neck.
I have nothing at all to say. What Paterson sold I went along with her myself to sell it.
I am very innocent. I know nothing at all about it.
Dunk guilty Death .
Paterson acquitted .
(M.) They were a third time indicted. Dunk for making an assault on Jane Courteen , spinster, in a certain open place, called Hyde-park, near the king's highway, putting her in corporal fear and danger of her life, and taking from her person, a silk cardinal, value 10 s. a silk handkerchief, value 12 d. and a half crown piece, the property of the said Jane . And Peterson for receiving the same, well knowing them to have been stolen , October 27 . +
Jane Courteen . On the 27th of October, about five o'clock in the evening, I was in Hyde-park; another young woman was with me. I was stopped near Kensington gardens by two men. I cannot say I know either of them. It was dark, and I was frightened. They demanded my money. I told them, I would give them all I had; which was a shilling or two. I gave them it. They took my silk cardinal, and then they bid me go along. I was sent for to Sir John Fielding 's about ten days after; there one Marshal told me Mary Paterson had pawned my cardinal at a pawnbroker's in Prince's-street. She was taken up, but I did not see her then. I went to the pawnbroker's; there I found my cardinal. (Produced and deposed to.)
Q. How were the men dressed that attacked you?
J. Courteen. They seemed to be in old soldiers cloaths with the lace off.
Q. How long is it ago?
Marshall. It is two months ago, and more; we took a shilling or two, I cannot tell rightly how much.
Q. How was you dressed?
Marshall. I was in the same dress I have now (Old soldiers cloaths.) I think Dunk was the same; I was a soldier at that time. Dunk had been a soldier, but he was discharged. After we had done, we came to Dunk's room in
Thomas Parker . I am apprentice to a pawnbroker in Prince's-street. This cardinal was pledged by one Mary Paterson , on Friday the 27th of Oct. I entered it so in our book. We described her on the ticket about thirty years of age. I cannot say I know the woman at this distance of time. I lent nine shillings upon it.
I have nothing to say. When the cardinal was brought home, Marshall said it was his girl's cloak.
Marshall told me it was his girl's cloak, that he was going to be married to.
Q. to Marshall. Did you tell her it was a girl's cloak that you was going to be married to?
Marshall. I never said such a thing in my life.
Both acquitted .
They were a fourth time indicted; Dunk, for making an assault on John Clark , in a certain open place, called the Green-Park , near the king's highway, putting him in corporal fear and danger of his life, and taking from his person a Pinchbeck metal watch, with a green shagreen case studded with silver, val. 4 l. a steel watch chain, val. 12 d. a steel seal, val. 2 s. the property of the said John : and Paterson for receiving the same. well knowing them to have been stolen , Oct. 17 .
No evidence was given.
Both acquitted .
Hen. Stevenson. I live in the parish of Acton . I am a farmer . I employed Poney to thresh barley for me. On the 17th of December last, a man, named John Collins , came to me, and asked me if I had a man that threshed in my barn? I said I had. He told me, he thought he was a rogue. I asked why the thought so? He said, he and Church had been at his house, and offered to sell him some barley; and he said they were to come again, and he would send for me. I was accordingly sent for; there were the two prisoners, and two of my sacks with barley in them. The sacks were the wrong side outwards, but my marks were plainly on them, H. S. I asked the prisoners how they came by the barley? I had at that time eleven quarters stood in sacks. I asked if they took it from them? They said they did not; they took it from a heap that was threshed, and cleaned it.
Q. Did you know Church?
Stevenson. I have employed him in cutting chaff.
John Collins . On the 17th of December, Church asked me if I would buy any barley? Poney was by at the time. I said, I did not want any, I only kept a couple of hens. He said, you keep a hog, he will eat barley. I said yes, but I have very good pease. I was loth to let a rogue go. Then I said, I did not care if he brought some. Then Church said, two shillings a bushel is the price. I said I do not mind the price; you may bring a bushel. When they were gone, I went and let Mr. Stevenson know, they had told me they would bring it on Tuesday night, the 19th; then they brought two sacks, with about two bushels in them. Mr. Stevenson came; they were his sacks. Mr. Stevenson said, did you take the barley out of the sacks? They said no; they had cleaned it from the heap.
I never put any barley in the sacks, nor ever took it out of the barn. I have a wife and three small children.
I have worked for the gentleman seven years. I never wronged him of a pin.
Both Guilty T .
115. (M.) John Randolph Legrand was indicted for stealing 16 ounces of silver, val. 4 l. 4 s. and one ingot of silver, val. forty shillings, the property of Edward Aldridge and William Woodnoth , privately in their shop , Dec. 21 . +
Francis Spilsbury . I am of the same trade the prosecutors are. On a Monday, about the 11th of December, the prisoner came to me, about 8 or 9 at night, and brought a lump of lead; it appeared to me very dirty; he said a labouring man found it at the ruins of the fire in the Butcher-row; he begged of me to melt it for him, for he believed there was silver in it. We had some words about it. I took it; and on the Wednesday following, my boy cut it in half. It looked like lead, but it snapped when about half way thro'. I put it into a melting pot, melted it, and poured it out into the form it is now. (Produced in court) I made an assay of it; the report was, six ounces three pennyweights worse, that is, about half silver and half lead. Upon this I thought proper to send to Mr. Aldridge and his partner, to acquaint them of it. I have kept the ingot in my own possession ever since I melted it.
Q. Is it usual in your way of business to have so large a mixture of lead and silver together?
Spilsbury. No, I think not; it is altogether lead and silver in one mass now.
Samuel West . I am a pawnbroker, and live in Aldersgate-street. I took this ingot of silver in of the prisoner at the bar ( producing one) on the 29th of October, 1768; he pledged it in the name of John Smith . It weighs eleven ounces; I lent him thirty-three shillings on it. I saw him once afterwards, and I asked him why he did not come and fetch it out; he then said, it was another man's property.
Mr. Aldridge produced his iron ingot, in which he pours his melted silver; the silver ingot is put into it, and fitted exactly. Then he produced a silver ingot, cast in the iron one; [they were inspected by the court and jury] the bottoms and sides of the two silver ones corresponded so as to leave no doubt but they both were cast in that iron ingot.
The prisoner, in his defence, said that he had worked for the prosecutor twenty years; that, about eighteen months ago, a stranger brought that ingot to him, and desired he would go and pledge it, which he did for thirty-three shillings; and the man gave him a shilling for his trouble; that he never saw that man before nor since.
Guilty of stealing, but not privately in the shop . T .
116. (M.) Lewis Tainting was indicted for stealing seven yards of velvet, value 3 l. a yard and a half of gold tissue, and six yards of printed cotton ; the property of the Rt. Hon. John, earl of Buckinghamshire , January 11 . ||.
Germine Le Court . I am house-steward to the earl of Buckinghamshire. The prisoner at the bar lived in the house; he is a musician . On the 5th of the instant, there were goods missing out of a store-room at my lord's house at Blickling, in Norfolk . The prisoner was suspected to have taken them. I came to town the 9th, and acquainted my lord of it. The prisoner was come to town. My lord ordered me to go to Sir John Fielding for a warrant to search the prisoner's box, in his r oom at my lord's house in Bond-street. I called him into the room, and told him his box should be searched. He went up and opened it himself: I saw these things taken out. (Producing the velvet tissue and cotton). These I believe to be my lord's property; there were such missing from the store-room. The prisoner said before SirJohn Fielding , he brought them to town to shew them to my lord, to see if they were his. He owned he had them out of a room in my lord's house. The store-room was always kept locked.
Bartholomew Pausin . I am valet de-chambre to my lord of Buckinghamshire. I know these goods were kept in the store-room in the country; they are my lord's property. I was sent to Sir John Fielding for a constable and a warrant to apprehend the prisoner. We waited till he came to town. His box came in the carriage waggon. When he came, we asked him to open his box. While the officer was looking into the bottom of the box, I saw the prisoner put these things under the covering of his bed, where they were afterwards found.
John Noaks . I am a constable. I was sent for, yesterday was a week, to lord Buckinghamshire's. The prisoner unlocked his box. We let him take the things out, and put them on his bed. There was a great quantity of things; I saw him lay a parcel in a paper on the bed, after which I went to look into the bottom of the box; when I came to look for the paper parcel, it was missing, and I found it betwixt the blankets and sheets of his bed. I found two keys upon him, which seem as if they would open almost any door (Producing two picklocks, part of the wards were taken out.)
The prisoner said nothing in his defence.
Guilty T .
117, 118. (M.) John Lister and Isaac Pemberton were indicted for breaking and entering the dwelling house of Sir Thomas Willson , Knt. on the 10th of January , about the hour of two in the night, and stealing two damask napkins, val. 3 s. sixteen silver table spoons, val. 16 s. two silver candlesticks, val. 2 l. each; the property of the said Sir Thomas Willson , in his dwelling house : and Sarah Hill , spinster, for receiving the two damask napkins, part of the said goods; well knowing them to have been stolen +.
Sir Thomas Willson . I live in Dean-street, Soho . I commonly go to bed about eleven o'clock. Between the 10th and 11th of this month my house was broke open; we were alarmed on the 11th in the morning, and came down; we found the kitchen window broke open, the bar wrenched away, and the doors unlocked and unbolted. I lost about 900 ounces of plate, a very large quantity from a cabinet in a dressing-room on the ground floor; they took some napkins of a particular sort, with a coat of arms, and a motto round it, on them. We have found some of them.
Francis Granton . I am servant to Sir Thomas Willson . I was not the last of the family that was up that night. Three of us maids went to bed together, and left three men below. When I came down in the morning, I found the kitchen window broke open, the bar was wrenched and broke. I know the plate used to be kept in the cabinet; a very great quantity of plate was lost, more than is laid in the indictment.
James Clark . I am servant to Sir Thomas Willson . The kitchen window was made secure that night when the family went to bed; my fellow-servant, the footman, was up ten minutes or a quarter of an hour after me; he lay with me. It might be full eleven when I went to bed. Master's plate was kept in a cabinet in the back parlour; there were thirteen large table spoons, nine silver candlesticks in all; there was a small sized spoon, and a large soup spoon, and a quantity of damask napkins, I cannot tell how many; there were coats of arms upon them, and a motto in French. I came down twenty minutes after eight in the morning, and found the kitchen window broke, the bar was bent and wrenched open, and the cabinet was also broke open.
William Taylor . There was an information brought to Sir John Fielding 's, that Lister and Pemberton used to go out on nights a housebreaking. We went to Lister's house about three in the morning, last Monday, being the 15th; he lodged in Black-boy alley; we had not been in the house above five minutes, before he and Pemberton and the evidence, William Fountain , came in. I took Lister and Pemberton each by the arm, and John Heley tied their hands. After that I searched them, and took this chisel out of Pemberton' pocket, and a pistol loaded with shot; then I searched Lister, and took a pistol loaded with ball out of his pocket. (The two pistols and chisel produced in court). There were other tools found upon the evidence, but I did not find them. There was Sarah Hill there; I locked the door, and took them and Sarah Hill, and another woman. (there were five of them ) to Sir John Fielding 's. Upon a little table in the room, I had seen a napkin lying; I looked at it, but it being candle-light, I did not see any thing remarkable on it, so I left it there. In the morning, Sir John ordered me to go andSarah Hill sent with me, to see what were taken away. Hill desired me to bring the cloth that lay on the table to her: by her being particular in desiring that, I thought there must be something more than ordinary about it; and in searching about the bed in the same room, I found another napkin of the same mark. (Both produced in court, deposed to by Frances Granton , as her master's property.)
John Heley . I was along with Mr. Taylor when the two men at the bar came in. This iron crow was taken out of the third person's pocket. [Producing an iron crow about sixteen inches long, with claws at one end, and the other a sharp point ]. Here is a box with tinder, flint, steel, and matches, which were taken out of his pocket. [Also produced in court.]
Taylor. I tried this chisel at Sir Thomas's house, at the cabinet in the back parlour; it exactly fitted the impressions made on the cabinet, where it had been wrenched open. There was a bureau also that had been broke open; but this chisel did not fit the marks on that.
Q. What is the name of the third person?
Heley. His name is Fountain.
Fountain was not examined.
There are many different people lie in that house in Black-boy-alley in a week; it is a common lodging-house. I know nothing of the matter.
Lister asked me to go and drink with him; he took me to his room. He had this chisel, I said it would serve me for a turn-screw; he said I might take it, it did not belong to him; we went out to drink together, and staid out pretty late. When we came home, these men were in the house, Taylor and Heley, and four or five more; they took us to Sir John Fielding 's, who sent me to the Gatehouse.
I was very ill in bed; sometimes I lay in that room, and sometimes in another; two of these gentlemen came to the door and knocked; a woman got up and let them in; they asked if I could let them a lodging? I said I could not. Then they asked for a glass of gin? I said they must get in themselves, I had none. They then said, if I offered to stir they would cut me down the skull with a thing they had; they tied me to another woman, and took us away to Sir John Fielding 's, and the next day to Clerkenwell; then they searched the house, and pretended to find these things; there are different people lodge in that house.
Lister and Pemberton guilty Death .
Hill guilty T. 14 .
(M.) Lister and Pemberton were a second time indicted, for breaking and entering the dwelling house of William Pontin , on the 30th of December, about the hour of three in the night, and stealing three silver table spoons, value nine shillings; and three pair of silver buckles, value nine shillings; and three guineas; the property of the said William, in the said dwelling house +.
The prosecutor is a wire sieve maker , and lives in Turnmill-street . He deposed, his house was broke open, and the things mentioned in the indictment, and other things, taken away, on the 30th of December at night; but had not found any of them again; that he knew not who did it, any farther than what William Fountain had told him. There being no evidence of cried to confirm or corroborate the account Fountain could give, he was not examined.
Both acquitted .
Thomas South . I live at the White Horse at Uxbridge . On the 27th of December I missed a pair of leather breeches from out of my bed-chamber. I found them again at Mr. Bull's at Uxbridge; he came and told me he had them.
A man desired me to go and sell these breeches for him, and he gave me sixpence for selling them. I am a Berkshire man.
Guilty 10 d. W .
Ralph Broadhurst and John Hart were indicted for breaking and entering the dwelling-house of Joseph How , on the 11th of December, about the hour of two in the night, with intent the goods of the said Joseph to steal , &c. ++
Jos. How. I live in George's-row, Ratcliffe-layer . On the 11th of December , between the hours of one and two in the night, I was alarmed by my little dog; I got out of bed, and opened my window; I saw the shutter of my parlour-window hanging open by one hinge, and the window open. It was a very clear moon-light night. I gave a halloo, and said, Who is there? Upon which I saw a tall man come out of the parlour window; and after him, a short man: I could distinguish all their dress. Then I went down stairs; I found a tinder-box and some matches, and a candle and half, which they in their confusion had left. There was a night-cart passed by; I desired the man to call the watch; as soon as the watch came, I described the men and their dress. The tall man had a blue surtout coat on, and was about six feet high, and had short hair, without a hat; and the other, a little, thick-set man, with a lightish coat, a red waistcoat, and a hat with a dragoon cock. He told me, he could not stay with me, but would send another, which he did. About four o'clock, that watchman came and told me, of such men being taken at an ale house in Goswell-street, and if I went to the watch-house, I might see them. I went to St. Luke's watch-house; there were the two prisoners, dressed as I had described. I knew them to be the men, as soon as I saw them. I charged the watchmen with them. They were searched, and a large knife was found on Broadhurst, and a broken one on Hart. In the morning about ten o'clock, I went with them to Justice Girdler's. I went to bed that night about half an hour after eleven o'clock; my shutters were fast then. I found the sash broke by forcing it up in the morning. I am positive the prisoners are the same men that I saw come out of my house, by all the circumstances that my eyes could see.
Thomas Teesner . I am a watchman. The man with the night-cart came to my box, and desired me to make haste to this gentleman's house: I went; the gentleman told me his house was broke open; I found the shutter hanging by one hinge. He desired I would go and get some watchmen to sit up in his house. I went, and sent him that belonged to that beat. Then I and another watchman went to his house, and asked if he could tell what sort of men they were. He described them as he has now. In going my rounds, I went in at the Wind-mill, in Goswell-street, for a penny-worth of purl; there I saw the two prisoners sitting. I left my brother watchman there, while I went to the watch-house for assistance. I brought three more watchmen, and we took and brought them to the watch-house. Broadhurst was ready to faint as we were carrying them along. When we had got them to the watch-house, I went and told the prosecutor. He came and saw them. There were several people in the watch-house. The constable gave the prisoners all the fair-play he could. The prosecutor pitched upon Broadhurst to be one; (he is the tall one) he said he could swear more clear to the short one, than the other. Then he pitched upon Hart, for the other. We found a large knife upon Broadhurst.
John Hunter . I am the constable. We had got the two prisoners, and then sent for the prosecutor. He said, Had that tall man a hat on when he came to the watch-house? I said, Yes. He said he had a great deal of time to see the small man more than he had the other, as he took more time to get away. He could swear to Har, he said, more than to the other. I had told the prisoners, I would shew them all the fair-play I could. I let other people stand with them, that the prosecutor might pick them out; he pitched on both the prisoners.
Q. How did the prisoners behave?
Hunter. They behaved very quiet. Broadhurst cried very much. One of them told me, they lived at Low-laton, and had been walking all night; and after that, the other said, they had been at the Coach-and-horses, in Aldersgate-street, all night, and were turned out from there. (The tinder-box, flint, steel, and matches produced in court.)
That evening I had been out into the country, and came back again about eight o'clock, into White-cross-street: it rained very hard. This other man (meaning Hart) had been drinking at a public-house where I had been; I over-took him; he said to me, where are you going? I said, Home. Said he, I believe you go my way, will you go in and have a pint of beer? We went into the Pyed-bull, in Gloucester-court, White-cross-street; we had, I believe, two or three pots of beer, and each of us half a sheep's
I am a labouring man . I was locked out of my lodging in Aylesbury-street, at the Bell and Star. A Whitfieldite keeps it, and I was sure I could not get in; it rained so powerfully hard, that kept me longer than I chose; they generally lock up between eleven and twelve. I thought to get into a house to drink a pint of beer. I went to the Coach-and-Horses; there was a troublesome man there, whom they turned out; then we went to White-cross-street. We saw the watchman; he directed us to the Windmill in Goswell-street. This man hung his hat up by the fire; and they were talking about a house being broke; and they thought he was one, because he was without his hat, and they took us to the Round-house.
For the Prisoners.
Powell. I am a watchman. We took the prisoners at the Windmill. They called at my stand in the morning between three and four o'clock, and asked where a house was open. I told them the Windmill. They said if I would come there I should drink with them. When I came there Broadhurst began talking about a watchman that belonged to us, that was tried last sessions. (See No. 18. in last Session Paper). I said there is a house broke to night. He said, Where? I told him. He said he knew it very well, he had been out all night, and had come by it about one in the morning.
Broadhurst. I never said no such thing.
Powell. He did say so. I sent them to the Coach-and-Horses, there they staid till almost four.
Q. Had they both hats on when they went by your stand?
Powell. I believe they had; they had been at the Coach-and-horses from one o'clock till almost four. After the other watchman described them, as he said the gentleman had to him, he desired me to go and take them up, and he would go and describe them to the gentleman, to see whether he knew them. I staid there till he came again with the constable and others, and we took them in charge. Broadhurst seemed ready to faint, and said he could hardly speak for himself. We staid he was only taken upon suspicion, and if he was innocent he would be cleared. When we came to the watch-house, one was put to one part, and the other to another; there were other people there. Mr. Hunter said he would give them all the liberty he could. When the gentleman came, he asked if the tall man had a hat on? We told him he had. He looked at the little one, and said, I am clearer to the little one than to the great one.
Q. to Prosecutor. Did it rain betwixt one and two when you was at the window?
Prosecutor. No, it was clear and no rain at all. It had rained between eleven and twelve, and when I came out at four it did not rain.
Q. to Teesner. Did it rain at the time the night-cart came by?
Teesner. No, it did not. It was some time cloudy, and some time very clear: it rained in the evening.
Q. Can you tell whether it rained between the hour two and the time the men were taken?
Teesner. I cannot tell whether it did or not.
Powell. It was clear between one and two.
Jos. Lay. I live in Clerkenwell, and keep a public-house. I have known Broadhurst four months. He lodged in Round-court, by Mutton-lane. He has a pension, and he porters; and has a very good character.
Both acquitted .
Alexander Richardson was indicted for stealing ninety-one pounds weight of moist sugar, value 20 s. the property of a person unknown, December 14 . ||
Edward Collier . I live at South-fleet , five miles on the other side Dartford. I lost a black gelding on the 14th of this instant, out of my stable. He had a white foot, and a spot on his near side. My brother and my son came to London, and found him. I came up and found him in a stable in Bartholomew-close, and I swore to him. The prisoner lived not a mile and a half from my house. He was a journeyman tallow-chandler a little while; since that he has done day-labouring work. He said he bought the horse of one Claringbull, on the Eltham-road. The horse is worth 20 l.
Street Holding. I am a relation of the prosecutor's. He came to me on the 5th of December, and told me, he had lost his horse. His son and I came up to Smithfield; there I saw the prisoner with the horse. I said to him, Is this your horse? He said, Yes. I said, How old is he? He said nothing. I looked in his mouth, and saw him coming five years old. I had the bill of the marks with me; that mentioned five years old, and the marks answered. Then I laid hold of the prisoner, and said, You shall not go from me, till you give an account how you came by this horse. He said, he bought him that morning, of one Claringbull, at Lusham. I asked, Who saw you buy him? He said, No body. I asked, Where he paid the money? He said upon the road. I sent for a constable, and delivered him into his care. And the next morning I sent for Mr. Collier, who came and swore to the horse.
I bought the horse, and gave seven guineas for him.
To his Character.
William Swainstand . I am a labouring man, and live at Green-street-green. The prisoner lodged at my house nine months, or more. he went to day-labouring work. He always behaved very civil and honest.
Q. Do you know of his being worth any quantity of money?
Swainstand. I know nothing of that.
Guilty. Death . Recommended .
Mary Mather . I live in Thames-street , and am a bolting-cloth-maker . The prisoner worked for me three or four years. On the 8th of December, Jane Noble sent to my house a parcel of bolting yarn to sell. When I came to observe it, I found it was my own. I advertised it, not knowing who took it from my house. Then there came one Matthew Matcalfe , and told me, he would tell me who took it from my house. There were 42 lb. 1-half of it. Matcalfe is here to give evidence.
Matthew Matcalfe . I worked for Jane Noble . I weave and make camblet. On a Tuesday the prisoner came to me and said, She heard Jane Noble was in trouble. I said, I could not say but she was, for buying stolen goods. She desired me to go with her, and she would give me a pint of beer. I went with her to the King's-head, in Rose-lane, Spital-fields; we had a pint of beer, and a red-herring. She said, If you go to her to-morrow, ask her for a shilling, which she owes me; she was to give me three shillings, and she gave me but two, for some yarn which she carried her the Saturday before. I mentioned it to Noble: she did not give me the shilling, but desired her son to give it me, for the prisoner Patsford, after she came out of prison. Patsford said to me, Cannot you carry this yarn to Noble? she will give you the money;Jane Noble paid me for it all but the two odd skains, and took and carried them up stairs. After it was known, the prisoner said to me, What a foolish b - h she was, ( meaning Jane Noble ) to send that worsted without untwisting the bands, and putting another colour to them, then no body could have sworn to it. I believe there might be about twenty bundles of it.
Prosecutrix. There were 42 lb. 1-half brought to my house. Six skains go to a bundle.
Margaret Johnson . I work for Mrs. Mather. Jane Noble employed one Mrs. Richards to bring this yarn to our house. There are 42 lb. 1-half of it. I knew it to be my mistress's as soon as I saw it. The prisoner confessed to me, she sold two bundles of it herself to Noble. What she sold for a halfpenny, cost my mistress three-pence. (Produced in court and deposed to.)
I never saw any of it till it was brought to our house.
Guilty . B .
Thomas Shepherd . I am a stationer , and live in the Minories . On the 5th of this instant, between six and seven in the evening, I and my man were looking over my book. The maid gave an alarm. She said she saw a man take a bundle of paper away. I ran out and detected the prisoner with it, about three or four doors from my house. ( Produced and deposed to). He dropt it, and ran; but I called stop thief, and he was taken, and brought back; I followed him very close.
I picked up that bundle as I was running along the Minories. I have a witness here will make an affidavit he saw me pick it up.
John Gotobed . I never knew the prisoner till a fortnight ago last night. I met him in the Minories. I saw him pick up a bundle. He described it to be above as big again as the bundle produced. He could not tell the colour of it. He never spoke to the prisoner till he went to him in Newgate, he said, to tell him what he saw, and that he know where to find him by the news-paper, but could neither write nor read.
Guilty . T .
Ann Crocker . My name was Bartholomew in January 1767. I was then a widow. I live in Crooked-lane , and have carried on the business of ivory-turning and hard-wood turning this twenty-years. The prisoner came to my house in January, 1767, and said his name was Roger Pratt ; that he was a merchant, and lived at No. 121, in Fenchurch-street. He wanted some cruet-stands and coffee-mills. He said the dealt very largely abroad, and had been master of the house he lived in twenty years. I shewed him what I had. I told him I was a widow, and had five small children; and that if he paid ready money, I would serve him as cheap as any body; otherwise, I could not give him credit. He said he always paid ready money. We agreed for a parcel. He said if I sent them in he would pay the money. This he said several times over, and ordered me to send theJohn Fielding . Last sessions there were for what I know an hundred people in court that he had got goods of in that manner. He had left this direction at my house. Pratt, merchant, No. 121, Fenchurch-street. (Produced in court.)
Richard Bartholomew deposed, he, by his mother's direction, carried the cruet-stands, glasses, with silver tops, and coffee mills, at two separate times, and delivered the first-parcel to a little girl, and the second to the prisoner, who took off the receipt and sent it back by him, but paid no money.
Jane Jones . I have kept the house, No. 121, in Fenchurch-street six years. The prisoner took a lodging there in December, 1766. He had only a bed room up two-pair-of-stairs, and a little counting-room. He was about three weeks there off and on. I remember the young man coming with the first parcel. The prisoner carried them out the same night, but where I know not. I did not see the other parcel brought in. The prisoner pretended he was going to Birmingham.
Prosecutrix. I never went to enquire after him, till about three weeks after he had the goods; but he was not to be found.
I had a call for these goods to send to Dunkirk.
Guilty . T .
See him tried twice last sessions for crimes of the same nature.
Thomas Wescott . I am a chandler and ticket-porter . I live in Poor Jewry-lane . The prisoner came on the 15th of August, about eleven in the forenoon; he had a green jacket on, lined with white; a white pair of stockings; and looked like a seafaring man. He asked me if my name was Wescott. I said, yes. He asked, if I had never a relation abroad. I said, I had an own uncle, my father's own brother, at Philadelphia. He asked when I heard from him. I said he had been abroad before I was born, but my father used to receive letters from him. He said, there was a young man on board his ship would be glad to see me; and it would be to my advantage. I took him into a little room, and said, if you are that person let me know, for I do not chuse to go without any hesitation. Then he took me by the hand, and said, I am the identical person, and my name is Thomas Wescott , son of George Wescott , of Philadelphia; and that he had a brother kept a punch-house at Jamaica; and that he came in the London Indiaman that lay at Woolwich. He said he had another brother also. He said he had been in a fray at Blackfriars, and had lost his coat the night before; and that he had lodged some things in Newgate-street, and he was going to a shipmate in Whitechapel for some money. I said he had no occasion for that, (I looked upon him to be my cousin) I would lend him a little. He wanted a bag. I lent him one, and a five-and-three-pence. He said he would make my wife a present of a silk gown. I went along with him to fetch the things. I carried the bag till we got to Newgate-street, then he took it. He ordered me to wait at a public-house, for him. My wife went to Newgate-market and bought something for supper. He would not eat off any body's plate but his dear cousin's. He said if his father in America knew he was at his dear cousin's, he would get drunk for joy. My dear cousin did not come back to eat with me. I never saw him till the 23d of December:
I was drinking in a public house. They were talking about Philadelphia and New-York. I said I knew one of the name. They would persuade me I was the person, whether I was or not. He went with me to Newgate-street, and I left him there, and went and spent the money. I don't know what I did with the bag.
Guilty . T .
The trials being ended, the court proceeded to give judgement as follows:
Received sentence of death, eleven.
Transportation for fourteen years, one.
Transportation for seven years, twenty-five.
William Harrison , Charles Pyne , Benjamin Watkins , John Cox , William Poney , Benjamin Church , John Randolph Legrand , Lewis Tainting , John Martin , William Haywood , Matthew Hebb , John Price , Charles Sparks , John Bowell , Daniel Bateman , Thomas Harris , Edward Reynolds , James Harris , Daniel Trigg , Isaac Lamotte , Thomas Barber , John Withers , William Osbourn , Thomas Hastell , and Roger Pratt .
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