NUMBER V. 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 BICKFORD, Esquire, Lord Mayor of the City of London; George Perrott , * Esq; one of his Majesty's Barons of the Court of Exchequer; Sir Richard Aston , Knt. + one of the 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.
N. B. The *, +, and ++, refer to the Judges before whom the Prisoners were tried. L. London, M. Middlesex Jury.
338, 339. (M.) James M'Donald and James Smith were indicted for breaking and entering the dwelling house of William White , on the 7th of April , about the hour of three in the night, and stealing fourteen yards of poplin, value 5 s. two womens silk cloaks, value 5 s. a man's hat, value 5 s. a mahogany tea-chest, value 2 s. three shirts, value 3 s. and 264 half-pence, value 11 s. the property of the said William, in his dwelling house . +
Wil. White. I am a baker , and live in High-street, St. Giles's . On Saturday night, the 7th of April, I bolted my back door with two bolts, and saw all fast before I went to bed, which was about twelve. On Sunday morning about seven, I found the back door open, and the sash of the back parlour window throwed up: there was no violence done to the door. The door is in the wall; they must have got over
Geo. Dobrey . I am a pawnbroker. These two cloaks (producing them) were pledged with me by a woman, named Eleanor Madison ; I lent her 7 s. on one, and 4 s. on the other, on the 10th and 11th of April. (Deposed to by the prosecutor's wife.)
Dobrey. She is not here.
Q. to prosecutor. Have you any thing to say against the prisoners?
Prosecutor. I have no evidence to the fact but the accomplice, named Cooley.
As there was no evidence to corraborate what he might say, he was not examined.
Both Acquitted .
340. (M.) John Bird was indicted for breaking and entering the dwelling house of Hannah Bagshaw , spinster , about the hour of four in the night of the 18th of February , and stealing a pair of leather breeches, value 3 s. the property of James Watson Couldter . +
James Watson Couldter . I am servant to Mrs. Hannah Bagshaw , in Parliament-street, next door to the Sun Tavern . Our house was broke open between the 17th and 18th of February. All was fast over night; and I found the bar of the kitchen window in the area forced up, and the shutter open, and the sash up, when I got up, which was about eight in the morning. The maid got up a little before, and came and called me. We missed a large quantity of plate, to the amount of two or 300 l. worth, which we have not been able to discover since. I missed a pair of leather breeches that hung up in a back room by the kitchen. I did not miss them that morning, they being among other things; but I had had them in my hand the Saturday night before the house was broke. Sir John Fielding 's people came to me about a fortnight after, and asked me, if I had not lost a pair of breeches; then I missed them. This chissel I found in the kitchen, which they had left behind them, that morning when I got up. ( Producing a strong iron chissel.)
Peter Dawson . I am a salesman in Monmouth-street. On the 18th of February, Matthew Mathewson , and I believe, the prisoner, came to my shop. The prisoner said, he had not much money to lay out, but desired I would let him have a pair of breeches; I said, I had none but new ones. I shewed him a pair: he put them on, and pulled these off, and we agreed for 14 s. in exchange; he paid me, and they went away together. (Produced in court.)
Prosecutor. These are my property, which were taken away the time the house was broke; I know them by the straps being too long at the knees, and I had sewed the holes up so as to keep the buckles back, that they might buckle tighter, by which I well know them.
Dawson. Sir John's people came to me two days after with Mathewson, and asked me, if I did not change a pair of breeches. I put down this pair and another, and Mathewson took up these, and said, they were the same. I went with them to Sir John Fielding ; there was the prosecutor; he swore to the breeches.
Q. Can you be certain to the prisoner?
Dawson. It is almost beyond a doubt that he is the man; but I do not positively swear to him.
Q. Did you observe whether he had your new breeches on?
Dawson. I did not think of that.
Matthew Mathewson . On a Sunday morning, I cannot tell the day of the month, the prisoner came to me between seven and eight o'clock, with these breeches on; he said, they were too tight for him. He said, he would be obliged to me if I would go with him to Monmouth-street to change them. I do not know how he came by them. I went with him; he chose a pair of new ones, and changed them with Mr. Dawson. He put them on in the shop.
Q. Where do you live?
Mathewson. I live in Banbury-street, St. Giles's. The prisoner came and called me out of bed one Saturday night, and borrowed a chissel of me, much like this that is here; it was all iron.
Q. Did he ever return it again?
Mathewson. No, he did not.
Q. What business is he of?
Mathewson. I do not know.
Q. Can you recollect how long it is ago?
Mathewson. I have been in gaol about sixteen weeks; I know by that it was the Saturday night that the house was broke.
Q. from prisoner. Whether you did not sayJames Fanning .
Mathewson. There was somebody else with the prisoner. I threw it out of the window, and it fell upon the stones.
Q. What trade are you?
Mathewson. I am a book printer.
Q. How came you to be an evidence in this?
I had been out along with James Fanning, taking a walk; we got into a public house; I asked him if he had a pair of breeches to sell? I bought them of him for 4 s. After that I went to the evidence's room for a neckcloth and a pair of stockings I had left there. The breeches were too tight for me; he went with me to change them. We agreed for 12 s. in exchange, and then we went away.
Guilty of stealing the breeches , T .
341. (M.) He was a second time indicted with Christopher Richards , for breaking and entering the dwelling house of Catherine Chomley , widow , about the hour of four in the night, on the 5th of March, and stealing a large silver waiter, value 15 l. one other silver waiter, value 4 l. a pair of large silver candlesticks, value 25 l. a silver coffee-pot, value 3 l. a silver pepper caster, value 20 s. four silver salt-sellers, value 4 l. a small silver candlestick, value 40 s. a silver soup-ladle, value 40 s. twelve silver tablespoons, and seven tea-spoons, value 6 l. the property of the said Catherine, in her dwelling house . *
Ann Jones . I am servant to Mrs. Chomley, in Buckingham-street, York-buildings . On the 5th of March, I was called up by the watch, about a quarter before five. I found the kitchen window broke open; the bolt of the window-shutter was taken off; a pane of glass was broke, and the sash up. I had fastened the windows and door over night; we missed about 70 l. worth of plate. (Naming them as in the indictment.)
Q. What is become of Fanning?
Kenney. He is gone to sea. We went out a little after eleven at night. We went up and down the Strand, and at last pitched upon this house; I don't know the name of the street; it is within two or three streets of Hungerford-Market. This was on a Sunday night, but it was the Monday morning that the robbery was done. We got in at the area gate; we were disturbed before it was done; I think it was Fanning that broke the window shutter. I ran through a court for fear of the watchman, and had not an opportunity of returning for some time; when I returned it was transacted. It was dark, we could hardly find our way back again. Fanning brought me some of the plate, and handed it over the rails.
Q. Where was Bird at that time?
Kenney. I did not see him; I believe he was in the street. I had been up towards Redfordbury, and did not see him till all the plate was taken. We carried the plate to the Back-lane, beyond Rag-Fair. We went away all one before the other. When we got there, I saw none but Fanning and Peter Graham . Fanning gave me 5 l. and 1 s. or 18 d. I can't tell which.
Q. What share had the prisoners of the money?
Kenney. They had none, as I know of.
Q. What did Graham give for the plate?
Kenney. He gave 20 l. and 7 s. or 7 s. 6 d. I can't tell which, as Fanning told me. Fanning and I were chiefly together.
Q. What house were you at when Graham bought the plate?
Kenney. Fanning told me it was Bird's lodging.
Q. When Graham was sent for, how did you get in at Bird's lodging?
Kenney. An old woman let us in; Fanning went in directly; Bird was not come home.
Q. Who went first down into the area?
Kenney. I do not know; I did not go down at all.
Q. Was the window broke before you ran away or after?
Kenney. I do not know whether it was before or after.
Note. This evidence contradicted almost all he had swore before the justice.
James Galaway . I am a constable. Kenney was taken up concerning Major Yorke 's plate; he told us where to find Richards. He charged Richards and Bird with breaking Mrs. Chomley's house, and carrying and selling the plate.
Both Acquitted .
342, 343. (M.) Andrew Keeling and Robert Fountain were indicted for breaking and entering the dwelling house of Anthony Wragg , about the hour of eight in the night, on the 4th of March , and stealing a stuff gown, value 15 s. a cotton gown, value 10 s. a silk and inkle gown, value 30 s. a white gown, value 8 s. a black petticoat, value 20 s. a stuff petticoat, value 12 s. a pair of linen-sheets, value 6 s. four linen shirts, value 8 s. four linen shifts, value 8 s. four cheque aprons, value 4 s. and four silk handkerchiefs, the property of the said Anthony Wragg . *
Mrs. Wragg. I am wife to Anthony Wragg , we live in Playhouse-yard . I was gone to a neighbour's house to drink a dish of tea, on Sunday the 4th of March; one of my lodgers came and told me my house was broke open, between seven and eight in the evening, very near eight; I was not farther from home than cross the court. I went, and found the door broke open, and the drawers were broke, and the things in the indictment (mentioning them) were taken away. All was fast when I went out, and I had the key in my pocket; they left a candle alight in the house.
Wil. Little. Keeling has pledged things with me before; he pledged this silk handkerchief with me the 5th of March, for 2 s. 6 d. (Produced and deposed to by Mrs. Wragg.)
James Wood . I am a constable; I had a search-warrant from Mr. Girdler to search Little's house. I found this handkerchief there in Keeling's name, on the fifth of March, for half a crown. The Justice ordered Keeling to be brought before him again. When he came, he desired to be admitted an evidence, and said, he would impeach fourteen. The Justice told him, he would not admit him, he would punish him; then he was sent back again.
Sarah Sutton . I was going to a chandler's-shop, the next door to Mr. Wragg's, for some small beer. I saw four men stand betwixt that door and Mr. Wragg's, on the other side of the way, Keeling was one of them; and when I came back again, they were all gone.
Q. What time of the night was it?
Sutton. As night as I can guess, it was between seven and eight in the evening. I saw one of them light a candle I had seen Keeling go up and down the yard before; I knew him by sight.
Q. How long was that before Mrs. Wragg's house was broke open?
Watkins. It might be about an hour before I heard of it.
Mrs. Wragg. Mr. Watkins came in and said, it was not ten minutes since he sold him a candle, and it was burnt but a little way down.
I work with a master builder ; we had a job in Bunhill-row; coming from there one day, I bought that handkerchief, and about two or three days after I went and pawned it. The woman lives but two or three doors off, and had I known it to have been stolen, I should not have put it in in my own name.
My father keeps a horse in Playhouse-yard, and I went there with the candle.
Keeling Guilty of stealing 39 s . T .
Fountain Acquitted .
344, 345. Will. Andrews was indicted for stealing a gallon of brandy, value 10 s. and a wooden vessel, value 6 d. the property of Mary Savil , widow , and John Jones , for receiving the same, well knowing them to have been stolen , March 14 .
The maid-servant, who was the principal evidence, being very ill in bed, and could not attend, they were both Acquitted .
346, 347. (M.) Edward Gregory and Wil. Jackson were indicted for stealing one hundred pounds weight of lead, value 6 s. fixed to a certain building , the property of a certain person unknown, April 5 . +
Wil. Bradshaw. I was at work near Shackle-well , at the Cock and Castle. On the 5th of April I saw Gregory upon a house, taking some lead off; I then did not know who the house belonged to. I was gone about twenty or thirtyJohn Pain , these men have been robbing that house of lead. He ran and laid hold of them; I followed him, and brought them back with the lead.
I was not upon the house.
I found the lead among some shavings in a bag.
Both Guilty , T .
John Stephenson . I live at Marybone, and am a carpenter . On the 23d of April I lost a pannel saw from a building belonging to Mr. Grant, where I was at work. The last of my seeing it was about eleven o'clock, but did not miss it till two in the afternoon; then I thought a young man of my acquaintance had it. On the Thursday morning when I went to work, I could not find it. I was informed there was a saw advertised; I went as directed, and found it to be my saw.
John Cordey . On the 23d of April, about one in the afternoon, the prisoner came to my house, and offered to pawn this saw. My apprentice said, Is it your own? The prisoner said, Yes, to be sure. I went into the shop, and said, Are you a carpenter? No, said he. Then I said, How can it be your saw? He said, he was sent by a carpenter, named Watson. I said, I must see him. Said he, If you don't like it, give it me again. I said, No. I sent my apprentice with him to see for this man, but no such man could be found. When they came back again, I took him before Justice Welch; there the prisoner said his name was Ross. (Produced and deposed to by prosecutor.)
I lived three years in Panton-street.
Guilty. 10 d . T .
349, 350. (M.) Francis Doyle and Michael Creamer were indicted for breaking and entering the dwelling house of Michael Glyn , on the 14th of May , about the hour of eight in the night, and stealing six thickset frocks, five cloth coats, and two cloth waistcoats, the property of the said Michael Glyn . *
Michael Glyn . I live in Aldgate parish . On the 14th of May I locked my door with a padlock, and went out about seven o'clock, and returned just at nine. I found the staple wrenched out, and my lock gone. I missed the things laid in the indictment. (Mentioning them.) I found four coats and two waistcoats again, at Ann Chamber 's, in Rosemary-lane, near the gully hole; then I had information against the prisoners, but they confessed nothing.
Glyn. She is not here.
Q. Is Creamer the prisoner your husband?
M Creamer. He is.
Court. You must not say a word against your husband.
Both Acquitted .
Thomas Thorp . I keep the Globe tavern in Fleet-street . On the 16th of this instant I saw the prisoner in my kitchen, a little before three o'clock. I thought he was acquainted with some of my servants, and took but little notice of him. Some little time after I was going into the kitchen, I saw the cook talking to my little girl. He told me, she was telling him a man was gone out with something under his coat. I went into the kitchen, and said, I saw nothing but two boats; the maid said, she had just brought three there. I followed the cook, and saw him stop the prisoner in the passage before he got out into the street; he brought him back; the cook clapt his hand on his coat, and said, Sir, here is the sauce-boat; then he took it out of his pocket. (Produced and deposed to.)
I was very much in liquor; I knew no more
Guilty . T .
Benjamin Bristow . On Saturday the 5th of May, between four and five in the afternoon, I was returning from settling an account with a merchant in Thames-street. I was gone into a house; soon after Mr. Mosely came in, and said, You have had your pocket picked. I said, if it was, it is a silk handkerchief. I had not missed it; I felt, and missed it. He said, when you was turning to go into this house, I saw this man take your handkerchief out of your pocket; he had the prisoner and handkerchief with him. (The handkerchief produced and deposed to.)
Oswald Mosely . I was walking behind this gentleman in Thames-street ; as he was turning into the house; I perceived the prisoner put his hand into his pocket and take something out, I could not tell what; he took it by the corner, and gave it a fling cut; then I saw it to be a handkerchief. I ran after him; he ran on to the Tower-ditch. When I was within a yard of him he flung it into the ditch. I had him held till I got down and got it; then I brought him back to Mr. Bristow with the handkerchief.
I know no more about it than the child unborn. I was going to go on board a ship, and he called stop thief, and charged me with picking this gentleman's pocket.
Guilty . T .
Wil. Lloyd, I and my brother Samuel are partners , we keep a slop shop , and live in Lower Thames-street . The things mentioned in the indictment we did not miss; they were stopped by Ann Perry , on suspicion of being stolen. The prisoner had made them for us of our materials, and brought them home, and we had paid her. This was last Friday sevenight, and we not observing her, she took them away with her. Mrs. Perry sent for us the same day; there I found them. (Produced and deposed to.)
Ann Perry . I live in Rosemary-lane, and keep a clothes-shop. One Catherine Brian brought these breeches to me to sell. I knowing there had been other things brought before, I said she must stay till I sent for a person to see if they knew the things, saying, I believed they were not her property. She said, they were not her own, and if I would give her leave, she would go and fetch the woman that sent her, she was near at hand. I suspected them to be Mr. Lloyd's. She sent a little girl for the prisoner, who came before Mr. Lloyd did. I asked her if these were her property? She said, they were. I said, I am afraid not; do you know Mr. Lloyd? She said, Yes. - Do you work for him? - Yes - Are they not his goods? She made no answer. I bid her sit down; Mr. Lloyd came in, and asked her how she came to offer his goods to sale? He told them both he would transport them. The prisoner said the other was ignorant of their being stolen. Then she owned to the taking of them after she had been paid for making them; that she took them off the counter, and brought them away.
The prisoner said nothing in her defence.
Guilty . T .
Cha. Eyre, Esq; On Wednesday the 9th of May instant, about six or seven in the evening. my servant called me out, and said one wanted me. There was Mr. Smith shewed me part of a table-spoon, and asked me if I knew it? I said, Yes, it is mine; here is my crest upon it; said he, a woman brought the bowl to me to sell; it appeared to have been fresh broke. I said to my maid, Do you miss a spoon? She said, she washed them up but just now. (The spoon produced in two pieces, and a fellow to it.) The crests agree, they both are my property. The prisoner is a woman that takes the ashes away from gentlemens chambers for the cinders. She used sometimes to assist my servant; I have given her 2 s. a week besides her victuals, for these last two or three months.
Geo. Smith . I live by the side of the Fleet-market, and am a silversmith. The prisoner brought this piece of spoon to me to sell. She first sent another woman in: upon my examining her pretty closely, she said it was not her own, but the property of a person at the door, which was the prisoner. I examined her how she got it; she said, she found it among some cinders. I said, it appeared to be fresh broke. I desired she would pull the other part of it out of her pocket. She stood to it a good while that she found it. Then I asked the other woman where she did business? She said, in the Temple. I said, if you do not go and enquire about, I'll have you committed. Then the prisoner took me to her own room, and took the handle of the spoon up, and gave it me.
Wil. Knapp. I went with the last witness to the prisoner's room with her, as she had proposed if we would go with her, she would produce the other part. She delivered it into my hand, and I gave it to the constable.
Three weeks ago last Monday, I found the spoon among the ashes in the morning. It was bent twice double, and upon opening it to get the ashes out, it broke.
Guilty . T .
John Hastenny . I drive a Birmingham waggon , and inn at the Bell in Smithfield . On the 28th of April I picked the prisoner up upon the top of Long-Lane, and agreed with her for 18 d. to lie along with me in my bed. I took her in at half an hour after ten at night to my room; she left me about three in the morning. I had laid my breeches under my head.
Q. What time did you awake?
Hastenny. I awaked about five.
Q. How do you know she went away about three?
Hastenny. The hostler told me so. When I awaked I missed seven guineas, two half guineas, and a canvas bag. I counted my money before I went to bed, but not before her. I had sixteen guineas when I came to town, and I had paid a grocer eight guineas about twelve o'clock, in St. John's-street. I never had my purse out after that; I had 6 s. out of the eight guineas, which I put in another pocket; and I felt my purse in my pocket when I went to bed. After I missed it, I knowing a man that knew her, I went to him, his name is Samuel Fisher . The hostler and I found her about eight o'clock in Chick-lane. I charged the constable with her; she said, she never saw me nor my money in her life. The constable searched her, and found a guinea and three and sixpence, and eighteen pennyworth of halfpence in her pocket; and in her room we found anew pair of stays, and a new handkerchief. We took her before the justice, he committed her for farther examination; and when I came up to town again, she was taken before him again; and after that, the man where she lodged brought the purse and five guineas. (Produced in court.) I can swear to the purse or canvas bag, I bought it at Coventry; it is a double purse, here are two parts in it. Then the prisoner owned she took it.
Thomas Lewis . I live in Cow-Cross; the prisoner lodged in my house about a month. I remember the prosecutor and others coming to my house; they asked for her; I said she would be in in a few minutes. She came in, and they took her away. They soon returned, and said they had found one guinea upon her, and wanted to know if I would lay down four guineas for her. I did not agree to it. We searched her room and found nothing. In about four or five days after, in removing a table, a drawer sell out, and a snuff-box sell out and five guineas. I carried them to Justice Girdler; they were in this yellow bag.
Rich. Maylin. I am a constable. This bag and five guineas were delivered to me. At first the prisoner denied ever seeing the man. After that I heard her acknowledge this was his bag and money; and that she had laid out part of the money to buy her a pair of stays and a handkerchief. (Producing them.)
He picked me up, and asked me if I would go home with him. I went with him up-stairs. He gave me eighteen pence, and took something out of his pocket, I know not what. We lay all night together till three in the morning. As I was getting up, I saw the bag lying in the window.
Guilty . T .
James Venmore . I live at No. 1, Upper Thames street . I missed the things in the indictment on Easter-eve. The prisoner was my servant ; she went away that afternoon about three or four o'clock; neither I nor my wife were at home when she absconded. We never found her till last Saturday; then she owned to the taking the things, and went on her knees, and begged for mercy. She told us where she had pawned them; we went accordingly, and found them.
Elizabeth his wife, confirmed the account he had given.
Prisoner. I beg for mercy.
Guilty 10 d . T .
His recognizance was ordered to be estreated.
359. (M.) John Milbank was indicted for making an assault on Benjamin Hall on the King's highway, putting him in corporal fear and danger of his life, and taking from his person a penknife, value 12 d. three guineas, one half guinea, a five and three-penny piece, 168 copper halfpence, value 7 s. and 16 s. in money numbered, the property of the said Benjamin , Jan. 26 . +
Bowers, Newman, and Kellyborn were capitally convicted for the same fact, the prisoner being in the robbery with them. See their trial, No. 300, 301, 302, in the last Session Paper. The evidence was the same as on that.
Guilty Death . Recommended .
360. (M.) Andrew Rogan was indicted, together with Peter Perrin , who has been tried, and Tho. Dowles , not taken, for breaking and entering the dwelling house of William Bailey , on the 17th of April, 1768 , about the hour of two in the night, and stealing 100 pieces of ribbon, each piece containing 36 yards, value 70 l. thirteen guineas and 22 s. in money numbered, the property of the said William, in his dwelling house . *
Wil. Bailey. I did live in Oakley-street, Bethnal Green . On the 17th of April, 1768, I heard a noise in the passage on that morning, between one and two o'clock, crying out, Looms! Looms! Looms! Broad Looms! Blast your eyes and limbs, get your pistols ready! Get your pistols ready! They were then in the inside of the house in the passage. There is a right-hand door and a left-hand door in the passage; the right-hand door leads to another house; they began breaking that door. One of them said, Blast you, Cox says it is the left-hand door. Cox was a journeyman in my house, and had left the outward door open for them, as I found afterwards; after that he turned evidence against Perrin. They began blasting their eyes and limbs, and called, Open the door! In about a minute they burst my room door open; two of them came in first; they turned the chairs and table up in the room, and got immediately on my bed, one with a pistol, the other with a cutlass. He with the cutlass was by me, the other was by my wife. I saw the glimmer of a light, and said, I would arise. He with the cutlass gave me three blows, one on my back, the other on my shoulder, and the other below my elbow; I was as black as my hat from my shoulder down to my elbow; this was as I raised myself up. The other kept with his pistol to my wife's head. They cried out, D - n them, blow their brains out if they stir. I was made to lie down again. I perceived them go to the drawer, where were four 10 l. bank notes, and one 20 l. thirteen guineas in gold and 17 s. in silver, and a crown in half-pence; they took it all, and seventy guineas worth of ribbon; there were an hundred pieces
Bailey. I was formerly in the first regiment of foot guards, and deserted, and then I changed my name. I went by my mother's name then.
Prisoner. He was whipped round Spitalfields-market; I saw him whipped myself.
Bailey. That was by false evidence being given against me.
See Perrin tried, No. 403, in Mr. Alderman Harley's, and likewise No. 587, in Mr. Alderman Turner's mayoralty.
362, 363, 364. (M.) James Atherton , John Atherton , and Jos. Delaforce . were indicted for breaking and entering the dwelling house of Thomas Warren , about the hour of two in the night, on the 14th of May , and stealing a linen counterpane, value 10 s. three linen table-cloths, value 5 s. and one gun, value 30 s. the property of the said Thomas . *
Thomas Warren . I keep the White Horse inn in Pierpool-lane . I was the last up in my house on the 13th of May; my doors and windows were all fast then. Between one and two in the night my little dog made a prodigious noise. I opened my room door, and came out and listened upon the stairs; I cannot say I heard any thing but my dog. I went in again and shut my door, thinking it was something in the street that disturbed the dog. After that the dog made more noise; then I came down. They had broke in at the window, and broke my bureau open, and taken several things away; the windows were unbolted and left open; they had taken away a counterpane, three table-cloths, a gun, and other things. Mr. Birch's house was broke the same morning; he took the prisoners. James Atherton had been my post-chaise-boy, he knew the way all about the house.
George Birch . I live next door to Merlin's Cave, in the Spaw Fields, by the water-works. On the 14th of this month, a little after two in the morning, I heard a noise in my house; I opened my room door and peeped over the banmisters of the stairs; I had a gun by me, having been surprized almost every night. I found my two double doors were both wide open; I heard a whispering in my parlour. The first thing I saw was a man come out of my parlour, with this was candle in his hand, endeavouring to come up stairs. I rang the bell for a gentleman that lay above, to come down. He ran down in his shirt. The thieves ran over the bank by the water-works, and turned down towards Bagnigge Wells. I ran down and saw four of them; two went first, and two after them. One of the first had a bundle in his hand, and one of the other two had a bundle. I said to the gentleman, There they are; whip your clothes on, I will pursue them. While he went up to dress himself, I got my gun in my hand, and went behind them all the way to Bunhill-Row. Just by the French pest-house there was a carpenter coming out of his house to go to work, a little before four o'clock. I said, My friend, for God's sake assist me; I have a suspicion of them four men robbing my house. He called to the watch; the watchman ran after them; one made his escape, we took three of them in Bunhill-Row. John Atherton had a bundle; the carpenter took it from him. We took them to Finsbury watch-house; there I opened the bundle, and desired the constable of the night to set down what was in it. Then we brought them to Clerkenwell, and put two of them in New-Prison, and the other in Bridewell. Jos. Delaforce was taken the next day; he was the personJohn Atherton , How came you by this bundle? He said, It is not mine; it is that man's meaning his brother. His brother answered, D - n you, it is none of mine; it is your own; this was in the watch house. The Justice said, Look at the linen. I said, It is none of mine; but if your worship will look to see for a mark, we will advertise it. Said a gentleman that was there, It is Tom Warren 's, his house was robbed last night; here is his name upon the things. We sent for him, and his wife came and owned them. There came the father of Freeman, and cried ready to break his heart, and begged his son might be admitted evidence. The boy was asked about a gun; the prosecutor had lost a gun, The boy said, We took it, and I'll go and shew you where it is. Then one of the keepers of Bridewell that was there, took his hand-cuffs off, and took him the back way; we went by the Foundling Hospital, and in the field by my house, under one of the water-pipes, he went on his knees and put his hand under, and brought out the gun, and we brought it to Justice Girdler's (The counterpane, table-cloths and gun produced in court.)
Prosecutor. These are my property; the linen has my name printed at length on them.
John Elves . I am a carpenter. I took the chap with this bundle of linen, that is, John Atherton ; the two watchman, Wilson and Welch, took the other two; they were going all the same way, about twenty or thirty yards asunder, that is, James Atherton and Charles Freeman ; Delasorce was taken the next day.
John Welch . I am a watchman. I saw the two brothers cross the road; I said, I do not like them two fellows. I saw Mr. Birch coming, and more people; it gave me a stronger suspicion. They called to a watchman to stop them in Bunhill-row; then they went up Featherstone-street, there we took them; I took the biggest brother.
Mr. Clayton. I am a constable. I had charge given me of the bundle on the 15th of this instant, about ten minutes after four o'clock in the morning.
Charles Freeman . I shall be twenty years of age next July. The three prisoner were in my company that night. I met Delaforce between eight and nine, and John Atherton and his brother about ten. We went to a house in Grays-Inn-lane, and there agreed to go to Mr. Warren's house to take what we could. Delaforce and James Atherton got over the gate, and got into the house, and I stood at the corner of an alley. They threw these things out of the house, and some more things. From thence we went round the fields, and put the gun under a pipe, and went over by Mr. Birch's house; we none of us went in as I saw; and after that he and another followed us.
I never saw that boy, the evidence, till that morning, in my life. This young fellow and me were going down Grays-Inn-lane; he said, he found the two bundles and the fowling-piece. Between two and three in the morning we were all three of us together, having been out drinking. We had agreed to go down the lane and take a walk into the fields. Delaforce knowing the evidence, he turned back with us. He took the fowling-piece, and put it under a pipe; that gentleman followed us with a gun as far as Bunhill-row. We had no opportunity of seeing what was in the bundle; he called the watchmen, and they took us to the Round-house.
On that Monday I was at Whitechapel at work, and was a little in liquor when my brother came to me; we came to this end of the town drinking. We met the evidence about two in the morning with this bundle; then we went cross the fields, and that man followed us, and said we had broke his house open. I don't know where his house is.
I was drinking with the other prisoner; we met the evidence about seven or eight in the evening, and we went to the Green Man on Saffron-hill. We staid drinking till it was late; we could not get in; we all four went down Grays-Inn-lane together. Freeman wanted more beer, and we went into another public house; then I went away, and never saw no more of them. I never was in Bunhill-row at all.
Q. Can any of the witnesses say that Delaforce was one of the four that was seen in Bunhill-row?
Birch. I did not see his face, but I saw his
Mr. Bunyan. I live in Harp-alley, and am a cabinet-maker; Delaforce is my apprentice, and has served four years of his time. I never heard any ill of him in my life before this.
Q. Was he at home that night?
Bunyan. I went out to spend the evening with a friend, and I cannot tell what time he came home.
All three guilty . Death .
Sarah Cameron . I am wife to John Cameron . I live in New-court, facing St. Clement's church , the and keep a public house ; the prisoner lodged with us about two months. I missed tea-kettle. I took him up the 5th of May. I found it again at Mr. Rotchford's, pawned in the prisoner's name. (Produced and deposed to).
Mr. Ratchford. The prisoner pledged this with me.
The maid lent me the tea-kettle full of water; I did pawn it. I am a sawyer by trade. I had a little boy dead in the hospital of the smallpox. My wife was ill of a fever, and I was out of work and owned a quarter's rent. I did intend to have put it in its place again.
Guilty . T .
367, 368. (M.) John Underwood and William Wharton were indicted, together with Henry Tudor , (not in custody) for breaking and entering the dwelling-house of Thomas Ayre , on the 9th of December , about the hour of two in the night, and stealing a red leather trunk, value 6 d. a pair of laced ruffles, value 2 s. a pair of worsted stockings, value 6 d. six silver tea-spoons, value 6 s. a pair of metal tea-tongs, value 2 d. a pound of tea, a quart of gin, and 20 s. in money, numbered, the property of the said Thomas . *
Thomas Ayre . I keep the Black-Bull, Gray's-Inn-Lane . On the 10th of December, at night, my wife heard a noise, and awaked me about two; she said she thought somebody had got into the house; I thought it was the horses in the stable, and we took no notice of it; but coming down in the morning, we found the house was broke open: all was safe when we went to bed. They had broke in at the parlour window; the shutter was broke open, the screw that was to keep the sash down was forced up and bent: my bar was broke, and a box of halfpence taken away. I missed six silver spoons, a pound of tea, a bottle of gin, a red leather trunk, and some table linen. I never got any of my things again but the trunk. I never saw the prisoners till I saw them now. The trunk and an iron crow, which they left in the bar, are here. (Produced in court). The crow about fourteen inches long. The trunk was left in the street, about three or four doors from my house.
Richard Pearce . I have been acquainted with the two prisoner about twelve months. We all met at the One Tun, at the end of Field-lane, and Harry Tudor , who is off. We all four agreed that night to go out.
Q. What are you?
Pearce. I am a founder. I cannot tell what the prisoners, or Tudor were bred to. We went all round Paddington; the watchman disturbed us. As we were coming home about two o'clock, Underwood and I broke the prosecutor's shutter with this crow and another; he opened the sash, then he lifted me in.
Q. Who does the crows belong to?
Pearce. They belonged to us all; we joined to buy them; then he lifted Wharton in, and then shut the shutter to. I opened the door, he came in at that, and helped break the bar. Tudor was at the door all the time; we generally leave one without to watch. We took half a dozen silver spoons, about twenty shilling in halfpence; a pair of tea-tongs, that were not silver; some tea, and some child-bed linen;Elizabeth Mills . The spoons Underwood sold to Lyons, a Jew: he is now in Newgate. He brought us a shilling each; the halfpence we shared among us. Elizabeth Mills had the stockings; he did live with one Ann Darling before he did with Mills. (See her capitally convicted, No 522, in Mr. Alderman Turner's, and 520, in the same; and see her tried Nos. 316, 504, and 129, in Mr. Alderman Harley's Mayoralty). We left such a crow as this in the house: we were looking for it, and thought the d - l had run away with it. Underwood never gave us a quarter of the value he sold the things for.
I was here last sessions, indicted for buying stolen goods. I owed for about seven pints of wine in Newgate lodge and for my lodging: who should be there but Pagget; he said to me, Jack, will you drink a glass of wine? I said, No, I do not choose to drink. He said, Will you not drink, d - n you? I said, No, I shall not; I don't love to drink with any blood-sucking men. He said, D - n you, I'll have you by next sessions; after that I was drinking at the end of Fleet-market: who should come in but this Pagget: he said, How do you do, Mr. Underwood? you are wanted: I said, Who wants me? I do, said he: then in came three more: said Pagget, You must go before a magistrate. I said then I would go before Sir John Fielding . He said, No, you must go before Justice Camper, in Ratcliff-hig hway. I knowing myself innocent of the fact, said, I'll go along with you: we had no hearing directly. I went before my lord mayor, and was committed to Wood-street compter; this was by this Pagget. I was had up again on the Wednesday; the prosecutor said this is a villainous rascal, and said to Pearce, You are perjuring yourself, and you want to take this man's life away. I was committed to Newgate by a prosecutor in the city. I never was concerned with Pearce in getting a shilling in my life.
I am very innocent. The evidence has got himself into some hobble, and wants to swear our lives away.
Pearce. Underwood used to tell me he would have me, what they call hobbled, and I was afraid of my life. I was taken up about three weeks ago; then I gave information, as I wanted to clear myself.
Both Acquitted .
(L.) They were a second time indicted for breaking and entering the dwelling house of John Mollison on the 14th of Dec . about the hour of two in the night, and stealing a silver watch, with a cap made of brass, value 81. a coral, set in silver, a pair of silver knee-buckles, two guineas, and a brass box, the property of the said John . +
John Mollison . I live in Black-Fryars , and am a mathematical instrument maker . On the 14th of December my window shutters were wrenched open, and the sash put up. I had seen it was fast over night about ten, when I went to bed. My wife was alarmed by the noise of breaking the beaufet between one and two in the night, in the lower parlour fronting the street, close by the window: we lay, in the back parlour. She got out of bed and left me asleep. She opened the door and there saw a man in the fore parlour. He d - d her, and said he would blow her brains out; upon which I awaked, and came out into that parlour, but he was gone. I found my bureau and book-case open, which were shut over night, but not locked; all the drawers were taken out: they had taken away a silver watch, capped, and jewel, a coral, set in silver, two guineas, a pair of knee-buckles. I found a pistol, an iron crow, and a chissel lying in the window. (Produced in court).
Mary, his wife, gave the same account; but had so slight a sight of the man she did not know him.
+ See Lister tried, and capitally convicted, No. 489, in Mr. Alderman Turner's, and 117, in this Mayoralty.
Q. How could you come at the shutters, there being rails?
Pearce. We reached over the rails with our iron crows. After I was in, Underwood handed Wharton in. I struck a light, and Underwood put the shutters to. We took a silver watch, that hung over the chimney-piece. I took two guineas in gold in a metal box; a child's coral, and a pair of knee-buckles; and, in breaking open the beaufet, we heard a noise in the back parlour, and made our escape out at the window, and left an iron crow, a chissel and pistol, in the house. We both ran home with the things we had got, and Underwood made away with them. When the door was opening I ran away first; Wharton said something about d - ning, but I was out. The woman said hey hey, or something like it. We dropped the candle, I believe, in the room.
Mrs. Mollison. There was no candle on the floor.
Mrs. Mollison. There was some burnt paper lying.
Pearce. Underwood brought us two guineas for the watch, coral, and knee-buckles. He made away with them to a Jew.
Both acquitted .
+ See Underwood tried twice, No. 234 and No. 11, in this Mayoralty.
(M.) William Wharton was a third time indicted for breaking and entering the dwelling house of James Andrews , on the 19th of May , about the hour of one in the night, with intent the money of the said James to steal . *
James Andrews . I am a pawnbroker , and live in the New-Road in St. George's in the East . On Saturday the 19th of May instant, I kept my door open till pretty near twelve at night; (as my business runs pretty late on Saturday nights) then I bolted and locked my door, and fastened my window shutters; after that my wife and I were sitting by the fire side till between twelve and one: we heard the window light breaking; that was the glass over the door. I then judged my house was going to be attacked; I said to my wife, If my house is attacked, we had better wait till they enter, for may be they may, at another time attack us, when we are not so properly prepared. I proposed to stand it till they entered: we retired from the shop into the parlour; then I heard them picking the glass out of the frame, and it was falling down piece after piece. I pulled off my shoes, and went up stairs and brought down my musket and sword; I had kept my piece loaded sometime; as several houses near me had been broke open lately, I judged they would soon attack me. I put a little fresh powder in the pan, and rubbed the hammer. After watching some time, and hearing pieces of glass still falling, I heard, about one o'clock, a brushing sort of a noise; I judged they were then entering into the house. I said I believed they were then come in. I stood watching, with my parlour door in my hand. I had an inward door to prevent people from coming into the shop; that was double locked. I said, I am sure he is in, for I hear him move backwards and forwards in the passage. I had double locked the passage door. I presented my piece low to hit his legs, not to kill him. I snapped it, but it did not go off; finding that, I pricked him with my sword in his left arm.
Q. How had he got in?
Andrews. He got in at the fan light over the door. He informed me afterwards they put him in with his feet foremost. My wife had the candle, but, upon my opening the door, I knocked it out of her hand. The prisoner, finding my sword had pricked him, surrendered, and said he would tell me all he knew. I got him in my arms and held him fast. My wife went out at the back door and called murder, thieves! and some neighbours came: Mr. Gosset came to the door, and said, Let me in; and after that came another neighbour: there came in a man, a stranger, that I did not like. As soon as a light came, I heard something fall, which was this snuff-box, (producing one, with tinder in it) which I believe was put in over the door. I asked the prisoner what he would discover, and how long he had been in the gang; he said twelve months, or upwards. I asked him how many there were of the gang; he said fourteen or fifteen; I asked where they resorted; he said upon Salt-petre-bank; I asked him how many were in the gang that attacked my house; he said four besides himself. When Mr. Gosset and Mr. Stockbridge were come in, I asked these questions again, and then he gave the same answers. I thought it necessary to be upon him as soon as ever he was in; had I given him time to have opened the door, the rest might have come in, and been too powerful for me.
James Gosset . I heard murder and thieves cried as I was in bed. I got to my window, and asked where it was; some neighbour said it was at Mr. Andrews's. I got some things on, and ran with my hanger in my hand to the door. Mr. Andrews asked, who was there; I said, Gosset: he let me in; he had hold of the prisoner on one side and his wife the other: after I had been there two or three minutes, Mr. Stockbridge, another neighbour, came, with a musket in his hand.
John Stockbridge . I live next door to the prosecutor. I heard Mrs. Andrews call thieves and murder at the back door. I got out of bed, and took my musket in my hand, and went to Mr. Andrews's door, and was let in; there was Mr. Gosset. They had got the prisoner in hold.
Prosecutor. Here is the information the prisoner gave before the justice upon oath. (Holding it in his hand).
Court. If it was taken upon oath, it cannot be read against him.
That night I was going along; there were two men standing at that gentleman's door. They said to me, You must get over this door and open it for us. I said, What business have you with me? They put a pistol to my head, and swore they would blow my brains out, if I did not. After I got over, they put a tinder-box over, and bid me take it. I own I was in the house, but it was against my inclination.
Guilty . Death .
In his information, he gave an account, that he was lifted in at the window by two men, named Jones and Moody; and the stranger that came into the prosecutor's house was named James Castle , a gardener.
369, 370. (M.) James Lee and Thomas Cook were indicted for breaking and entering the dwelling-house of Archibald Hamilton , about the hour of one in the night, on the 20th of May , and stealing a pint silver mug, value 20 s. four silver tea spoons, value 4 s. one silver medal, value 4 s. two dollars, value 8 s. and 14 l. in money, numbered, the property of the said Archibald, in his dwelling-house . +
Archibald Hamilton . I live in St. John's-lane . On the 20th of this month (Which was on a Sunday) I lay out of town; and as I was coming home in the morning I met my warehouseman: I was surprised to see him, supposing something wrong had happened: he told me, when he came to work he found the street-door open, and the marks of feet in the garden, and he suppose my apprentice, the prisoner Cook, with somebody else, had done it. When I came home, I found my desk had been forced open. I judged, by a large pair of the scissars which lay by, the screws were forced out of the desk; the lock was still locked. I examined my desk and papers: I found every drawer of papers had been tumbled over, which was, I suppose, to look for bank notes: there were a great many notes of hand, which I found they would not take away. I left in a canvas bag, on the Saturday night, nine or ten guineas, which they took away: there were guineas and half guineas. I-missed forty half-crowns, two crown pieces, two silver dollars, a remarkable medal, a silver pint mug from the kitcken, and four tea-spoons. Cook was missing; he had been my apprentice about two years (he is about eighteen or nineteen years of age): then my two apprentices went in pursuit of him; they brought him home about nine or ten in the morning: there was found upon him eleven half-crowns, and two half-guineas, I believe.
Robert Gee . I was at Mr. Hamilton's when Cook was taken up: I asked him if he had robbed his master; he said he was concerned in robbing him; that he let a person into the house, about one o'clock in the morning: he said that person went by different names: he acknowledged to his taking part of the half-crowns, and the other person took the gold out of the desk, and gave him three half-guineas for his share. I took from him eleven half-crowns, two half-guineas, and a shilling.
John Heley . The boy Lee was brought in at the Brown-Bear in Bow-street. He was searched, and between the lining and crown of his hat I found this medal and half a guinea; this was on a Monday morning, three weeks ago. (The medal produced).
Mr. Hamilton. I believe this to be my property: there is no particular mark upon it; it is quite fresh as when struck.
Heley. In one cuss of his sleeve, I found a dollar, and in the other, I found a half-crown piece. (Produced in court).
Prosecutor. I cannot ascertain the dollar, Heley. Lee had pleaded to be admitted evidence
Edward Yardley . Cook said they had hid some things at Somerset stairs. We went to search, and, in coming back, we found Lee at the Kings and Key in Fleet-street. We took him up to Bow-street. I had seen him under the piazzas in Covent-Garden along with Cook.
Andrew Hill. When we took Lee to the Brown Bear , facing Sir John's, I found him concealing money in his hat, and putting something in a handkerchief in his breeches. He was sitting facing me, and had an apron on. I moved over to him. I put my hand in his breeches and took out eighteen half-crowns and a dollar, and delivered them to Mr. Gee the next morning.
Q. from Lee. Did you see the money in my hand?
Hill. No, I did not. I saw your hand in your hat. I only suspected you.
Q. from Lee. Did you see me put any money in my handkerchief?
Hill. I did not.
I am a watchmaker . I went down to Birmingham to work, and worked there about three months; business falling off, I was obliged to leave the town; then I went to my aunt; she gave me these things, which she said she had laid up and bequeathed to me, to keep for her sake. They wanted me to be an evidence: I told them I knew nothing of the matter. I know nothing of the robbery.
I saved up them half-crowns, and two half-guineas: they were all my own money, which my relations and friends gave me.
To Cook's Character.
Both guilty of stealing 39 s . T .
William Bradley . On Friday, the 18th of May, coming home from the Minories along the Poultry , I thought, by the shade of the lamps, I saw somebody running after me, or dodging me. I felt a tug at my coat: I put my hand in my pocket, and found my handkerchief was gone. I saw a boy running from me: I called, Stop thief! A watchman hearing me, crossed the way, and stopped him, just as he was making a blow at him; the boy let fall my handkerchief: he was immediately taken; it was the prisoner. The handkerchief is now in the possession of the watchman: he is not here: his name is Daniel Rian .
Rian was called, but did not appear. His recognizance was ordered to be estreated.
372. (L.) Daniel Pfluyer was indicted, for that he being in the dwelling-house of Robert Walker , did steal five silver table spoons, value 50 s. two silver tea spoons, a pair of sugar tongs, two pair of leather shoes, a 3 l. 12 s. piece, five guineas, three half guineas, two quarter guineas, three thirteen-and-six-penny pieces, one six-and-nine-penny piece, one four-and-six-pence, a Prussian six-dollar, a Spanish dollar, a French crown, two crown pieces, six half crowns, and 5 l. 18 s. 3 d. in money, numbered, the property of the said Robert, in his dwelling-house; and that he so being in the said dwelling-house, about the hour of two in the night, on the 11th of May , did burglariously break the said dwelling-house, to get out of the same . +
Robert Walker . I live in Little-carter-lane . My servant, named John Oberhimer , came up to me on the 12th of May, about four in the morning, and told me my desk was broke open. I went down, and found my street door open, which I saw fast at eleven o'clock, before I went to bed, and the chain up cross it. I found the lock of my compting-house broke. I missed a 3 l. 12 s. piece a French crown, a Spanish dollar, a Prussian six-dollar, two English crown pieces, and five, six, or seven pounds in loose silver; there might be six or seven half crowns, two or three half moidores, a 6 s. 9 d. or two, and several five-and-three-pences, two four-and-six-pences; here were some half guineas, three three shilling papers of halfpence, a green silk purse; out of a
Q. Did you ask him how he got out?
Walker. He said he went out at the house door.
Q. How long had he lived with you?
Walker. He lived with me about four months.
Q. Could he speak English? (He pretended not to understand English.)
Walker. I have heard him speak English three or four years ago; he lived servant where I served my time.
John Bailey . I am a watchman. The prisoner came to me to light a candle that night this house was robbed; it was properly Saturday morning about two o'clock. I cannot say I ever saw him before he came from over the way from Mr. Walker's house, and after that I saw him go in at the door, and heard him fasten it; my place is just opposite the house. When he came out he was in his shirt, and his breeches on. It was much of his size; I do not say he is the man.
Evan Jones . I was attending the Rotation at Whitechapel, the prosecutor came there, and asked for an officer. I went with him to Mr. Rider's house in Angel-alley, from there he sent one of his own men with me, to shew me where the prisoner was. He was not at his lodging. I went a second time, and saw him in the street, going along, and the servant after him. I ran and laid hold of him, and said, You are my prisoner, and brought him to a public house near Whitechapel church, into a back room. Mr. Walker came. I searched the prisoner, and found a pair of shoes and a pair of metal buckles in them. Mr. Walker asked the prisoner, what he had done with the spoons and the money; he said, he left them in a drawer in his lodging. I went with him to his lodging, and searched all the drawers, but found none; but upon a half-tester bed I found five tablespoons, two tea-spoons, and a pair of tea-tongs, all silver, in a handkerchief. Then I went to the Minories, where he said he had sold a pair of buckles to Mr. Harding; then I came back to the public house. We took the prisoner's shoes off, and opened the right knee of his breeches, after that the left, then the silver and gold sell out in a green purse; I took them up, and laid them on the table before him.
John Oberhimer . I live with Mr. Walker. I got up about four in the morning, and found the street-door open. I went into the compting-house, and found the desk broke open; then I went and called my master; he came down, and found his money was gone. I was present when the money was found upon the prisoner, and heard him say he took it out of Mr. Walker's desk; and that he got in at a window in the coal-cellar.
Guilty . Death .
373. (L.) Samuel Black , otherwise Abraham Hollander , was indicted for stealing two pieces of silk, containing eighty-five yards, value 12 l. the property of John Timings and John Archer , Dec. 15 . +
The prisoner was Acquitted .
374. (M.) Edward Dodd was indicted for breaking and entering the dwelling house of John Nourse , about the hour of two in the night of the 4th of May , with intent the goods of the said John to steal . ++
The prosecutor's shutter to his kitchen window was broke and the casement taken down, and by searching, the prisoner was found on the top of the necessary-house concealed, with a large gimblet, a pair of pincers, and a chissel about him, but no proof of his being in the dwelling house, he was Acquitted .
375. (M.) Thomas Ford was indicted for stealing a woollen cloth coat, value 20 s. a woollen cloth waistcoat, value 5 s. and a pair of leather breeches, value 15 s. the property of Thomas Davis , April 25 . *
This did not appear to be a felony.
377. (M.) Mary-Ann Ryan , spinster , was indicted for stealing a six shilling and nine pence, a nine shilling piece, and five guineas, the property of William Smith , privately from his person , April 29 . ++
William Smith . I am labouring man . I was coming from Woodford in Essex, last Sunday was a month; a man overtook me, and we drank a pot of beer together. When night came on, I was wanting a good lodging; a gentleman told me he could help me to a very good one. He took me to the Black Boy on Saltpetre-bank ; we called for a pot of beer, after that a woman lighted me up to a room; then she asked me to pay for my lodging, which she said was a shilling; I said it was too much. The prisoner at the bar was laying in the same bed. Seeing her in bed, I said, I would not go to bed, but I would lay upon the bed. I laid down without pulling off my clothes. I soon felt her hand in my breeches. I removed my money into my coat-pocket, and laid upon it.
Q. Did she see you move it?
Smith. Not as I know of; my money was in a little leather purse, and that in a large one. I felt her hand going to one side. I put my hand in my pocket, and found my money was gone. She was going off.
Q. Did you go to sleep?
Smith. No, I never slept at all; I was not in the room above half an hour, and I had not laid down above ten minutes before I missed my purse. I laid hold of her when I missed it, and a man came up and sell to beating me about for some time, and in struggling we all fell down stairs together. Then the woman of the house came and beat me with a poker about the head. They turned me out into the street, and I was knocked down once in the street. I begged of a man to let me be in his house, or I did not know but I should have been killed. I went to bed, and there lay till morning. The next morning a man asked me what was the matter? I told him. He said, Could you know the person that took your money? I said, I should. He went into the house, and brought the prisoner out directly. I knew her again. He ransacked her; what he found, I do not know. I was told she had money in her stocking, but I never could know the truth of it; I never saw it since. There was five guineas, a six shilling and nine pence, and a nine shilling piece. There was some silver, but I do not know how much.
Q. How came you by so much money?
Smith. I saved it at my labour; it is what I could save out of two years wages; I lived with a farmer.
Q. What was your business in London?
Smith. I came to seek for work.
Q. Was you sober?
Smith. I was very sensible and very sober; they behaved very well till after I was up stairs.
Q. Did you feel her take your money?
Smith. No; I felt her hand in my fob. When she was before the Justice she said, she knew nothing of me or my money either.
I never saw the man in my life till the day I was taken up before the bench.
Q. to prosecutor. Are you sure this is the woman that took your money?
378. (M.) John Haddock was indicted for stealing a surtout cloth coat, value 10 s. a cloth coat, value 20 s. a cloth waistcoat, value 2 s. a flannel waistcoat, value 2 s. a man's hat, value 10 s. two shirts, value 4 s. two neckcloths, value 12 d. a pair of thread stockings, value 12 d. three guineas, and one half guinea , the property of Edward Ward , May 2 .
Edward Ward . I live near Grosvenor-square. I lost the things mentioned in the indictment the second of May, from a yard, called Ham-Yard , where my stables are; they were taken out of a room over the stable; I am a coachman . I missed them at seven o'clock when I came home; I found the hinges of my box broke behind; they were safe a few minutes before three that afternoon.
Q. What is the prisoner?
Ward. I have known him about two years. He came down the yard in a poor dishabille; he said he had been sick, but I found since he had been in Tothilfields Bridewell. I having a regard for him, I offered to take his clothes out of pawn till he could raise money to pay me again. He helped to put my horses to my carriage sometimes, but very seldom. I was a friend to him.
Q. Why do you charge him?
Ward. I found all his clothes which he had on under the manger, and he was not to be found. I was told he was an acquaintance of Ogilvie's. I went to Tybern, expecting I should see him when Ogilvie was executed; there I met with him. He had none of my things on. I got a constable and charged him; he confessed he had pawned my coat to Mr. Jones, in Westminster. I went there and found it. (Produced and deposed to.) He said he had sold the rest of my things; he owned to every thing but the money.
George Spiller . I am fourteen years of age. I live with a pawnbroker in Tothil-street. The prisoner at the bar pawned this coat with me the second of May, in the dusk of the evening. I asked him where he lived? He said, in Tothil-street. He pawned it in the name of Haddock.
I did not break the box open.
Guilty T .
There was another indictment against him.
Philip Apps . I am a cow-keeper . Last Saturday the prisoner came to my house in Tottenham-court-road , and asked for some small beer; I gave him some. He had worked for me in haymaking-time . After that he was stopped by Mr. Mills, with this milk measure.
Mr. Mills. I live in Cold Bath Fields, I am a carpenter and broker. The prisoner brought this measure to me last Saturday, between one and two o'clock, in a bag. He asked me if I buy old copper, and took this measure out of his bag. (Produced and deposed to by prosecutor.) I said, this is a very good thing. (I saw the city arms upon it.) He said, I suppose you will give me no more than the price of old copper, 9 d. a pound. I said, Honest friend, how came you by it, it is a regular gallon measure? He said, it was his own property, and I should have it very cheap. I said, I was of opinion it was stole, how long have you had it? He said, he had had it some time, he bought it at Camberwood, (I suppose meaning Camberwell) for four shillings and a pint. I said, I believe it has this day been used, I shall not buy it; I shall send for an officer and charge you. I did, and charged him upon suspicion.
Prosecutor. Here is E. C. 1764, upon it; I well know it to be mine.
I had it of a man I never saw in my life before; I had no money to help me. He put his bag upon my back; I did not know what it was. He took me to a public house, and gave me a pennyworth of beer and some bread and cheese. Said he, Carry this to that shop and sell it, and I'll give you a shilling for your trouble. I went in, and that man stopped me, and would not let me go for the man. I am an Irishman ; I have worked for the prosecutor six or seven years.
Guilty . B .
James Tobin , and a linen shirt, value 2 s. 6 d. the property of James Ryan , May 4 . ++
James Ryan . On the 4th of May, about six in the morning, I was laying in my bed, in James Tobin 's house. The prisoner came into my room and took a shirt from my bed's head, then she went cross the room to another bed, and took off one of the sheets, and put my shirt into that, and walked off to the door. I got out of bed and laid hold of her, and called out, and Mrs. Mahagan came up in her smock, and her petticoat in her hand; then the landlord came, and I gave her in charge. She had the shirt and sheet under her arm.
Q. Was she a lodger there?
I never was in the room; I found them in the street.
Guilty. 10 d . W .
The person that had the handkerchief did not appear.
John Dawson . Yesterday, between one and three o'clock, I saw the prisoner take a handkerchief out of a man's pocket. He perceived he was seen. He ran down Friday-street into a shop, and there the handkerchief was found. By the appearance it looked to be the same.
John Ramsden . I am a linen-draper, and live at the bottom of Holborn-hill. I was standing with a person at the end of Friday-street, Cheapside, this evidence called, stop thief! The prisoner came cross Cheapside, and into Friday-street. I was at his heels. He ran into a warehouse; there I took him by the collar. Mr. Alderman Kirkman's servant said, he saw him pull something from his pocket. We looked about, and found the handkerchief lying on the ground. The mob wanted to duck him *, but I being an officer, said, they should not, and insisted he should be brought to justice.
* The prisoner's companions generally proposed that of Ducking, with intent to get him off.
Rob. Emmit . I am servant to Mr. Alderman Kirkman. I was in our warehouse, making up a parcel, between one and two, as near as I can guess, that day. The prisoner ran down the street, and into the warehouse, and throwed something from his bosom behind the door. I went and looked, and there found the handkerchief. (Producing a silk handkerchief.) This is it.
I was walking along Cheapside, there might be eight or ten people together; there was a coach and a cart. A person trod upon a dog; he sell a barking. One of the men dropped a handkerchief, I took it up; a man came and said he would have it; I said, No, you shall not; then I went down that place. I was going to Billingsgate to buy some mackrel.
Guilty 10 d . W .
383, 384, (M.) FRANCES SCRIVNER and Sarah Collins , spinsters , were indicted, together with Thomas Pitt , not taken, for stealing a cloth coat, value 5 s. a cloth waistcoat, value 3 s. a pair of leather breeches, value 2 s. a linen handkerchief, value 2 d. a penknife, value 2 d. a razor, value 2 d. a hat, value 18 d. a pair of metal shoe buckles, value 2 d. and a pair of metal knee-buckles, value 2 d. the property of Evan Pugh , May 16 . +
Evan Pugh . I live at the Royal Oak, on the other side Black-Fryars bridge, in the parish of Christchurch. I was at the Red Lion in the Ambury, Westminster , on the 16th of May, and being a little in liquor, the prisoner Scrivner, decoyed me out of the public house into her apartment. I went and lay upon her bed, and got a little sober: when I awaked she was gone from me; my waistcoat, hat, and shoe-buckles were gone; this was in the forenoon. I came down stairs, and hunted about, and at length I found her very near the same place where I met with her before; there was Sarah Collins with her. They brought me to the same place again, to get me to lie down, and said she would help me to my things; then Sarah Collins lay down on the side of the bed along with me. After some time, I heard a noise at the door, beating at it, as if they would break it open.
Q. What time was this?
Pugh. This was about four in the afternoon. I got up and opened the door; there came in a soldier, named Thomas Pitt ; (I had put a table and chair against the door: there was no latch ) he fell upon me, and beat me in a most unmerciful manner; and said, You dog, I am bloody-minded. I was afraid he would kill me. He took up my coat, and gave it to Sarah Collins , and said, Keep it; and from that time I never saw my coat, waistcoat, breeches, or any of my things that are in the indictment. Then I went from there to the Red-Lion, and asked leave to stay there till I could get something to put on. I staid there some time: I begged for a pair of old breeches to put on. I had this pair lent me which I have now on; and in that trim I was forced to go home. I went again the next morning, and desired to have my clothes. I found the two prisoner at the Red-Lion; they would not let me have them; they said they were pawned, but did not say where.
Scrivner. I have known him three or fourSarah Collins to let him lie on her bed. He had only two-pence in his pocket, and I lent him some money to get a pint of half and half.
Sarah Brown . The prosecutor sent for me about nine or ten at night: there he was sitting in his shirt (a poor old shirt); the woman said if it had been a good one the girls would have had that. He told me they had taken his keys and every thing. The next day they delivered his keys and his pocket-book. The girls told me his coat was pawned for three shillings, his waistcoat for eighteen-pence, and that all his things were pawned. I was angry with him, and told him he wanted cooling, and I thought he had got one. He was a little in liquor, having been removing some goods in Westminster.
He gave me the clothes out of his hand into mine. I pawned them for 18 d. and brought him the duplicate.
He wanted me to go up stairs; I said I will not, you have got no money; said he, I'll give you my breeches to pawn; he gave me them, and I pawned them for a groat; then we had some gin. He said he could lie in bed till he got more to put on. He pawned his stockings in the public house.
Pugh. I was obliged to sit in the house naked. I sold them for 6 d. to get some beer, sitting in that condition.
Both Acquitted .
385. (M.) Moses Lyon was indicted for breaking and entering the dwelling-house of George Pryer , about the hour of one in the night, on the 14th of March , and stealing thirteen watches, in silver boxes, value 40 l. and one watch, in silver box and case, value 40 s. the property of the said George, in his dwelling-house . *
George Pryer . I live in Whitechapel parish . On the 15th of March my servant, John Jennings , came to me about six in the morning, and told me my house had been broke open. I got up, and came down, and found my bureau and show glass, in which I left many watches when I went to bed, were open, and every thing taken away.
Q. How did they get into your house?
Pryer. They got in over the door. They had struck in a large pane of glass; some of it flew four or five yards into the passage; it seemed to have been done by one blow: there was blood upon it. I missed about forty watches. My servant told me he found the door unbolted. About a week, or ten days after, Mr. Brebrook and another man, came to my house, and told me the prisoner was taken at Rochester. I found fourteen of my watches in the prisoner's house. They are only in the inside cases. (Produced in court ). They have all my name and numbers upon them, and the Arabick characters for figures. I have the outside cases here to them. (Produced in court). The prisoner told me, if I would get him the King's pardon, he would discover the whole of what I had lost. I did not promise him that I would. I took him before Sir John Fielding ; there he desired to be admitted evidence; Sir John made him no promise; but gave him to understand, if he would tell who was concerned in breaking the house, probably he might admit him. After we had been with Sir John, we went and searched his house, and found these watches.
Q. Who fastened the door over night?
Jennings. I did.
Q. Was at day-light when you came down?
Jennings. It was.
Rachael Farrel . I am servant to the prosecutor. I came down stairs between six and seven that morning, and found the house broke open, and my master's bureau was broke open; there was a candle left in the parlour almost burnt down to the socket: that same candle I left on the dresser; it was a mould candle: I left about half of it when I went to bed (not burning).
Q. How much was left of it when you found it burning?
R. Farrel. About the length of my finger. I know the house was fast when we went to bed.
James Brebrook . When the prisoner was before Justice Fielding, he wanted to be admitted evidence. The Justice said he would promise nothing. He was an old offender. He told the Justice he could produce 14 watches. Mr. Keys, Mr. Bond, and I, went with him to his house; he shewed us the drawers where they were. Soon after we were there, came Mr.
Henry Keys . I took the prisoner at Rochester on another occasion. I brought and lodged him in the Poultry-compter. The next morning I applied to my lord-mayor; he gave me an order, as the fact was in Middlesex, to carry the prisoner before Sir John Fielding . He begged of Sir John to be admitted evidence; and said he would make a discovery of the watches. Sir John said, if he did discover the whole tot of Mr. Pryer's watches, (as there were about forty of them, and some of them gold ones) and the rest of the offenders, he would admit him.
Q. Did Sir John make use of the words whole tot?
Keys. I think it was to discover the whole of Mr. Pryer's watches.
Q. Has the prisoner made any discovery?
Keys. No, none at all, neither of the rest of the watches, or offenders.
Keys. I do not recollect any such thing. I remember he said he had them of somebody; but I don't know he said he had them of Peter Graham . I know Peter was in custody at that time. (See him cast for fourteen years transportation last session, No. 225.)
Q. to prosecutor. Have you any evidence here of the time of night your house was broke?
Prosecutor. I am sure it could not be broke at or after five that morning, for I lay awake from that time, and if it had been done then I must have heard it; my room comes over the passage. We found drops of blood about the passage, and they had taken an apron of the maid's to wipe the blood; it was found bloody. I suppose they cut their hands with breaking the glass.
I am as innocent as the child unborn; Peter Graham brought them watches to my house; and as soon as I saw the prosecutor I told him so; and that I would help him whatever lay in my power. Solomon- Jacob Cowen bought them of Peter Graham . I was then very bad in bed. That Sunday I went away, I let every body know where I was going: this was the 15th of March, and I went out on the 18th.
For the Prisoner.
Q. What kin is the prisoner to you?
Jacob. He is my brother-in-law.
Prosecutor. This evidence came, with two others, and desired me to make it up: I said I would make it up on no other terms that what Sir John Fielding proposed, which I mentioned to him. My loss is near 400 l.
Mr. Turner. I was told they had taken Lyon on board a ship. I was at the finding these fourteen watches in the prisoner's house. There was one Lazarus Jacob, tried here three sessions ago. He is brother to this last evidence. The prisoner's house joins this Jacob's house in the upper part of it: you may go from out one house into the other.
Prosecutor. What this man says is false.
Guilty of stealing the watches . T .
See Lazarus Jacob tried for stealing watches, to the amount of 200 l. the property of Mr. Turner, No. 55, in this Mayoralty.
Gabriel Wright . I live at Mr. Martin's, an optician in Fleet-street. I was coming home on the 10th of May, at past eleven at night; near Shoe-lane I felt a twitch at my coat; I turned round, and saw the prisoner drop my handkerchief. I took it up. There came an elderly man to me and said, Have you lost any thing? I said I had not, for I had got it. He said, Then let him go. I held him, and called the watch.
Q. Do you know who the prisoner belongs to?
Wright. His father is a taylor. He has applied to me, and said if I would let him off he would send him to sea.
I was coming up Fleet-street, having been drinking with my brother. I saw two other chaps by the gentleman. I walked on and got between him and the chaps: his handkerchief was about half way out. He turned round, and said I was going to pick his pocket, and called the watch. I am about sixteen years of age: I
Guilty . T .
W. Jermain. I am servant to captain John Dyer . My hat was hanging up in the passage in the hall, opposite the back parlour door, that was open on account of the men cleaning the common shore; the hat might be seen when he came opposite the door. I was in the kitchen below stairs between eleven and twelve, on the 22nd of May. I heard a foot lightly go in the passage. I made all the haste up I could. When in sight of the hall-door, I saw the prisoner go out with something under his arm. I went into the passage and missed the hat; I pursued, and called, stop thief! He turned down North street, facing St. John the Evangelist's. I saw him drop the hat; I took him before he was out of sight. (The hat produced; a livery-hat, and deposed to as the property of his master)
I know nothing at all about it. I am a waiter , when I have employment.
He called Eliz Pollard and Tho. Matthews, who said, they never heard any bad character of him.
Guilty . T .
Mary Murrell . I am wife to John Murrell ; we live in Red Bull-yard, St. John's-street . On the 18th of April I missed a silver tea-spoon out of Elizabeth Shepherd 's room, and found it pawned at a pawnbroker's in Leather-lane.
Eliz. Shepherd. This spoon was lost out of my room on the Wednesday in Easter week; it was lying on the bed. The prisoner came in about half an hour after two, and sat down on the bed by it. I missed the spoon about half an hour after she was gone; nobody had been in the room in the time, only a child about two years old. The next morning I asked Mrs. Edwards if she knew any thing of the spoon; she clapped her hands together, and said, she was as innocent as the child unborn.
Q. What time of the day did she bring it?
Cale. In the morning about eleven or twelve o'clock. (Produced and deposed to by prosecutrix.)
I had been out on an errand, and picked up this spoon. I never saw it in no room. It was lying in a kennel in Red Bull-yard.
Guilty . T .
There was another indictment against her.
Edward Eggington . I am a buckle maker , and live on Saffron-hill . On the 27th of April I missed a pair of metal buckles out of my working shop. The prisoner worked in my shop; I let him a vice to work at ; he does not work for me. The prisoner never came to the shop after that day, for eight or nine days; then he was taken up. I found the buckles pledged in his name for 5 s.
Rich. Newton. I am servant to Mr. Clark, a pawnbroker, in Cow-cross. On the 27th of April my master took in these buckles for half a crown of the prisoner. He came to me on the 10th of May for 2 s. 6 d. more upon them. I lent it him. I think, in two or three days he came with the prosecutor's man and a lawyer; they said the buckles were the property of Mr. Eggington. ( Produced and deposed to by prosecutor.)
I found them in a piece of brown paper between the shop and the house, and I went and pawned them.
He called Jos. Davies, a buckle-maker, who had known him two years, and employed him, who said he was a very honest man.
Guilty . W .
390, 391. (M.) James Attaway and Rich Bailey were indicted for breaking and entering the dwelling house of Thomas Le Mar , Esq ; about the hour of nine in the night, on the 4th of May , and stealing three silver waiters, value 14 l. three silver coffee-pots, value 10 l. six silver candlesticks, value 24 l. one silver dish, val. 5 l. seven silver salts, and seven silver salt-spoons, value 5 l. two silver sauce-boats, value 6 l. five
James Morris . I am servant to Mr. Le Mar; my master was out of town. On the 4th of May, between eight and nine in the evening, there was a knock at the door; I went and opened it; there was the prisoner Bailey and two others. He delivered a letter to me, saying, it was for my master. Before I read the direction they burst in at the door and shut it, and one of them pulled out a dagger and stabbed me in my belly. I know Attaway was one of them. The two prisoners were two of them; but as for the other, I do not know who he was. Every one produced a pistol. They took a cord from a pocket, and tyed my hands behind me,. They took my watch out of my pocket, and took me by my arms down into the kitchen, having their dagger and pistols in their hands. They did my hands, and made me light them a candle; after that they tyed me again more secure.
Q. Was you much hurt with the dagger?
Morris. I bled a good deal; but was in a condition to go about. They tyed my hands behind me, and brought the rope round my neck, and then round my face, bringing it over my mouth, so that it went through my mouth, and confined it open, and they fastened it behind; then they took me back in a dark place under ground, and bolted me in. In about two minutes time one of them came to see if I was fast. I said, as well as I could speak, I was fast enough, I after some time gnawed the rope in two, which gave my arms liberty. I then thought if I could get a brick out at the top, I might get up into the area, and not stay bleeding there while they were robbing my master's house. I burst open the door; and listened in the passage, to see whether they heard me, thinking if they did, I was a dead man. There is a little sky light. I got hold of a leaden pipe, and got up, and burst the window with my head. In trying to get through, I stuck half in and half out, and could get neither one way nor the other for about three or four minutes, with the ropes about me. At last I got out, and into the stable, and from thence into the coach-house, and out of that into the yard; then I called for help as fast as possible. I went out of the back stable-yard to a public house, and immediately five or six men came. Bailey was taken in the coach-house, and the other jumped into another gentleman's area, and was taken, as I was informed, somewhere in Bedford-row. They had taken the alarm. When I went into my pantry, I found the hinges where the plate was were broke, and the plate all gone. There was a great deal of it; three waiters, two coffee-pots, six candlesticks, one cross-stand, seven saits, seven spoons, two sauce-boats, one soup-plate, five table spoons, one snuffer-pan, three cannisters, a cannister-stand, two mugs, four cups, one little lamp, one cream-jug, all silver. Some of it was found in the coach-house where Bailey was taken, in a green bag which they brought with them. There was only a little girl in the house with me; she was in the kitchen. (The bag and plate produced in court.)
Q. Did you know the prisoners before?
Morris. I never saw either of them before that night to my knowledge; but I saw them so very plain, having time to look at them when they made me light a candle, that I know them very well.
Q. Give an account of what you know.
M. Crouchman. I was at Mr. Le Mar's on the 4th of this month. I remember three men coming into the house that night.
Q. Should you know either of them again?
M. Crouchman. The two prisoners were two of them. They got James Morris into the kitchen and corded him; after they brought him down there was a candle lighted; they ordered him to light it. Then the little man at the bar corded him; then they took him backwards and put him in a back place; I shut myself in the kitchen; they saw me, they had pistols. Two of them went into James's room, that is on the same floor with the kitchen; the other stood with me. They were in the house when the alarm was given; I do not know which way they got out. (The cord produced.)
Morris. This is the cord I was bound with. (A dagger or tuck produced, about twelve inches in the blade.) Bailey had this dagger.
"I should be glad if you have got them
"goods, let the bearer know.
"Your humble servant, Capt. Jones."
This plate that is produced here, was delivered into my care. and has been in my custody till now.
Philip Parker . On the 4th of May I was making candles. I heard murder and thieves called. I was told there were thieves in Mr. Le Mar's house, and they had stabbed the footman. I ran; I found two or three people had hold of Bailey I stepped up to him, and said, Where are your confederates? Said he, They are in the yard, and they are gone over the wall. I went into the coach-house and stables, and then into the yard. I went to go over the wall; there were a great many garden-pots. I did not think it safe to go down. There was a little boy, I let him down; he handed me up this pistol and dagger. Then I was desired to come and take hold of Bailey; I did, and carried him through the coach-house and stable, and brought him into the yard, and sent for Mr. Clay, the high constable, and delivered up the pistol and dagger, that was out of a sheaf. I said to Bailey, How came you to be guilty of this? Said he, I was hired by three gentlemen-like men to go to this house to carry a bag for them, and they said they would pay me; and that one of them had a sweetheart there.
Mr. Dates. I am servant to Mr. Ducham. I heard the alarm the night Mr. Le Mar's house was robbed, after Attaway had got over the wall into my master's garden. Upon calling thieves, we all pursued. I saw him when about half way in the passage. He ran down Bedford-row, and we after him, calling Stop thief! and a soldier got hold of him. I am sure he is the man that I saw in the passage.
Q. Was it light enough to see him?
Dates. It was betwixt light and dark.
I was coming through that yard, I heard thieves called out; I went there to see what was the matter, and they took me. I live in Wapping, and had been to take my leave of a cousin in High Holborn, that was going down into the country. I never said I was hired to carry a bag.
What that man has been saying is as false as God is true. I had been that afternoon to New Bond-street, to enquire after business, and in returning home I met a young woman; we drank a pint of beer together. Parting from her, I was coming through Bedford-row, I heard a noise, calling stop thief! There was a mob; I did not know which side the way the house was on that was robbed. I kept running on, making the best of my way home. (I live in St. Luke's parish.) My way is through Grays-inn. As soon as I came to the top of Bedford-row, people hallooed out, If you do not stop, I'll knock you down. I kept running on. I then turned round, and said, If you mean me, I'll stop and go with you. They came and took me; they searched me, and found nothing in the world about me. I never was in the house, or that passage they speak of.
Tho. Dennis . I am a jeweller in Noble-street, St. Luke's. I have known Attaway fourteen or fifteen years. He is a watch-movement maker, a very honest industrious man. I do believe all that has been sworn against him is abominable false.
Ann Phipps . I met Attaway at Lamb's-conduit passage that night; we went in and drank a pint of beer. When we parted it was about half an hour after eight o'clock; he was going home. I have known him a great many years.
Mr. Panjoaks. I have known him ten years, he worked for me between two and three years. I never knew any thing dishonest of him in all my life.
Both guilty of stealing in the dwelling house .
(M.) They were a second time indicted forJames Morris , in the dwelling house of Thomas Le Mar , Esq: putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 40 s. in the said dwelling house of the said Thomas Le Mar , May 4 . *
James Morris gave the same account as before, of their coming with the letter, getting into the house, and taking his watch from him, &c.
Both Guilty . Death .
Wil. Abdy. The prisoner has worked journey-work for me about nine years; I am a working silversmith . On Tuesday last Mr. Brind in Foster-lane sent for me, and let me know he had stopped some silver, which he supposed was my property. He shewed me this piece of silver. (Producing part of a gaderoon candlestick.) This I know to be my property, it cannot be counterfeited, but by the stamp that did this. I know it better than my own hand-writing.
Q. Where do you live?
Wil. Brind. I am a goldsmith. Two women, Hannah Pippen and Ann Pool , offered me this silver to sell. I had reason to suspect it was stolen. I stopped it. I sent one of our apprentices with them to see where they had it, who found they came with it from the prisoner's wife, who said she had no husband.
Prosecutor. I have not seen the prisoner's wife at my house these two years.
James Adams . I took up the prisoner, and had him with Mr. Abdy in his compting-house. He did not care to speak at all for some time; at last he said, he did take the silver, and begged forgiveness, and said, it was the first fact.
I was at work at the time this silver was brought to be sold. I know nothing about it.
Guilty . B .
Jos. Flight. I am a broker . About seven in the evening on the 20th of May. I lost a feather-bed from my door, where I had put it out for sale.
Q. Where do you live?
Wil. Godbear. I saw the prisoner with the bed on his shoulder. A young woman gave the alarm; I followed him, and saw him drop it. He turned up an alley, and got out of my sight.
I know nothing of it.
Guilty . T .
394. (M.) Francis Lutterell was indicted for stealing two cloth coats, value 21 s. two waistcoats, value 8 . one dimitty waistcoat, value 2 s. 6 d. one pair of silk breeches, value 2 s. one pair of worsted stocking breeches, value 3 s. one pair of buff-coloured breeches, value 2 s. 6 d. a pair of fustian breeches, value 2 s. a pair of leather breeches, value 2 s. five linen shirts, value 15 s. eight linen stocks, three pair of silk stockings, three pair of thread stockings, and 17 s. 9 d. in money numbered, the property of Thomas Jackson , in the dwelling house of William Shepherd , May 23 . *
Thomas Jackson . I am a journeyman peruke-maker , and work under the Six Clerk's Office in Chancery-lane; I lodge at Mr. Shepherd's, in Bell-yard . I have known the prisoner ten years, he has lately been a gentleman's servant . He served a year and a quarter to the same business I am, in the same shop where I worked, and at that time lodged in the same house with me. He came to me on the 23 d of May, about a quarter after six in the morning, and told me he had been out all night, and said he should be glad if I would let him lie down on my bed for two or three hours; I went to work, and left
Jos. Salmon. I am apprentice to Mr. Shepherd. I saw the prisoner go out of our house with some things tyed up in a sheet. I told my master, and he desired me to follow him; I did, to Clement's lane. He stopped at the Feathers door, and put the bundle down on a bench; then he took the bundle up again, and went in at the George. Then I went and told my master, who came, and we seized him. The things in the bundle were the property of Thomas Jackson .
Wil. Shepherd. I am a gun-maker, and live in Bell-yard, Temple Bar; Thomas Jackson lodges at my house. On the 23d of May my people got up to work about six. When I got up, I was told the prisoner had come to my house, and asked for Thomas Jackson , knowing he had lodged at my house. I went down to cast some bullets; my kinsman, Daniel Osmond , said, Uncle, there is a man gone out with a great load of things in a sheet, as much as he can carry. I said to Salmon, Run after him. I sent my daughter up to see what was gone out of the room; she found the door locked, and no key in it. My young man came back, and said, I have found where he is gone. I went with him, and desired him to stay at the door. I went in; there lay the things by the prisoner. I said to him, Pray, who authorized you to take these things away? He said, Mr. Jackson knows very well what I have done. I said, If he approves of what you have done, I shall not trouble myself about it. My young man went for Mr. Jackson. I said, You have taken away the key of the room. He took the key out of his pocket and gave it me. I sent the key home for Mr. Jackson to look into his room; he came, and said, his box was broke, and every thing was swept out of it. He opened the bundle, and knew them to be his property. I took the prisoner before Sir John Fielding , and he bound me over to prosecute.
I have but little to say; what I meant was not by way of robbery. I had been ill used in the night, and I wanted these things to pledge till I could raise a little money, to be revenged for the injury I had received. I meant only to raise a guinea. He has all his things again, except the value of a shilling.
Guilty . Death .
There was another indictment against him for a single felony.
395, 396, 397. (M.) Charles Stevens , Henry Holyoak , and Henry Hughes , were indicted, the first, for the wilful murder of John Shaw , by shooting him in the belly with a blunderbuss loaded with gunpowder and pieces of lead, and the other two, for being present, aiding, assisting, abetting, and comforting him to do and commit the said murder . May 3 . +
Mary Leighbourn . On the 3d of May, which was on a Thursday, Mr . John Shaw and I were taking a walk about nine in the evening, in the new road to Islington ; two men came up to us and demanded our money. Holyoak was one of them, he came up first; I do not know the other. John Shaw took them from me into the road, and I believe he had a scuffle there with them; but Stevens came up with a blunderbuss in his hand, and fired it directly against John Shaw . I was then by the rails. I believe Shaw was coming towards me when Stevens fired. Shaw ran with his bowels in his hand to the Angel inn, which was about two hundred yards from us. The two first men ran away; then Stevens came up, and hit me a knock over my left breast, and knocked me down; there I lay till somebody came and took me up.
Q. Did you hear any of them make use of any expressions?
M. Leighbourn. One of them said, It is well done, after the firing; that I believe was Holyoak. Mr. Shaw sent out for me. When I came to him, he said, he was glad to see me alive. A surgeon was fetched; he lived till the Saturday morning at half an hour past three, and then died. I know Holyoak was the person that came up and showed a pistol; and I am sure Stevens is the man that fired the blunderbuss. I am more sure of Stevens than I am of Holyoak.
Q. How were they dressed?
M. Leighbourn. They had great coats on.
Q. Had you ever seen either of them before?
M. Leighbourn. No, I had not. I was examined before Justice Welch; there I knew Stevens and Holyoak the moment I came into the room. I
Q. How far distant were Holyoak and the other man from you when the blunderbuss was fired?
Q. What sort of a man was the third person?
Leighbourn. He was a little short man, shorter than him that fired. ( Such was Hughes.)
Mr. Curtis. I am a surgeon. On the third of May in the evening, between nine and ten o'clock, I was sent for to the Angel at Islington. I found Mr. Shaw lying on the floor in great pain. He told me he had been attacked in the City Road by three men, and one of them had shot him in the belly with a blunderbuss. I opened his clothes to examine his wound; there was a very large portion of his intestines came through the wound, lying loose upon his belly. I desired he might be immediately taken up stairs to bed. I sent for Mr. Hould, another surgeon, to assist me, who came immediately after the deceased was in bed. After a great deal of difficulty we reduced the whole of the intestines into the belly again. We secured the wound with proper bandages. The next morning I went to attend him again; there was Mr. Rogers his master, who had brought Mr. Dickinson, another surgeon. The wound was dressed, and a little above the right hip I extracted a bit of lead, which I have here. In the evening I saw him again; he seemed quite easy; there was a general mortification ran all over the abdomen. He died about half an hour after three one the Saturday morning; the wound most certainly was the cause of his death. I suppose the whole contents of the blunderbuss was lodged in the abdomen. The body was so very much putrified from the mortification, we did not open it.
Henry Dickinson . There is no doubt in the world but his death was occasioned by this wound. I was before Justice Welch; Holyoak said there, that he and Hughes were the two people that came up to the deceased first, and demanded his money. This was the Wednesday after the deceased died.
Q. Was Hughes by at the t ime?
Dickinson. He was: there was a dispute between Stevens and Holyoak, whether the blunderbuss was only fired, or whether the pistol was fired afterwards. Hughes was asked the question, Whether it was the pistol or blunderbuss that shot the man? He said, he could not tell whether the pistol was fired or not; that he knew the blunderbuss was. Stevens said, It was a pistol went off. After that Stevens said, the deceased and he struggled together; and the man having a knife in his hand, they fell upon the ground, and by that fall the piece went off by accident. There was a dispute between Hughes and Stephens, whether the pistol did go off, before the Justice. The deceased said, the two little men came up first, and when he said, He had no money, they said, If you have no money, we don't want your life. It appeared one of them had a pistol, and he went away with it in his hand.
Q. Was any thing said before the Justice, how far they were gone when the blunderbuss was fired?
Dickinson. I don't recollect a word of that; I remember the deceased said, when they two had left him, he with the blunderbuss said, D - n you, I'll tip it you. The deceased told me he had a knife in his hand, and he struck at Stevens with it, in order to defend himself, and he struck the knife into the hole of the blunderbuss. (The knife (a long clasp one) produced, and the blunderbuss produced, and the mark appeared where the knife had struck against it.) The deceased was in his senses as much as I am now. Mr. Rogers his master, and I went together to him. He said, two short men came up first, and he took and shoved them into the road, and a tall one shot him. (Note, Stevens was taller than the other two.) He said, they demanded his money; he said, he would not be robbed, and took out his knife. I observed he was an active stout fellow; I dare say he would have managed all three, had they not had fire arms. He said, if any of these men are taken, I can swear to the blunderbuss, and to the man that shot me very well.
Mr. Read. On the 8th of May, about a quarter after ten, I was accidentally at the house called the Yorkshire Stingo. A person said, he apprehended there were three footpads on the road. We immediately determined to go out after them; that was, myself, Mr. Heley, Mr. Roberts and his man, and a boy of mine. In about three hundred yards from the house I met the three prisoners at the bar. I asked them where they were going? They said, they were taking a walk, and told me where they had been; taking
The night this robbery was done I never was out of my lodging from seven till eleven at night, then I went to bed; I have my landlord to prove it. I never had a blunderbuss in my life till the night before I was taken. We were coming along the road towards Paddington; I went into a ditch to ease myself, there I saw it lying with a pistol and cutlass. We thought there might be some bad people about that might use us ill, and we took them to defend ourselves.
I am innocent of the affair; I know nothing about it. Where I was that day, I cannot recollect. I never suspected to be taken up about it.
The night this murder was committed I went to Islington to see my father. I staid there till nine or a little after, and coming along the New River side, in order to come home with a person, when we were near the City road, we heard several people quarreling at a small distance from the river; we turned down the road, in order to see what was the matter. We had not gone above ten or a dozen steps before we heard a gun fired, upon which we turned round and went home immediately. I have known Stevens about three or four months, and the other I never saw above three or four times in my life before we were taken in custody.
Mary Bourn . I live in Marygold-court in the Strand; Stevens lodged with me, I recollect the third of May, it was on a Thursday. I left the prisoner in my house at about seven in the afternoon. I did not come home till a quarter after ten, then I found him sitting by the fire, with one Mr. Grant with him; I did not know him. He did not go out that night, to my knowledge; but he might for what I know. I went to bed, and he went up to bed at the same time, about eleven.
Mr. Pitt Collet. I have known him from November 1767; he came on board our ship, and went out with her to Madras, and behaved well.
Thomas Langham . He came to London better than four years ago, in order to get a clerk's place. I received him in my house; he could not meet with any thing to suit. I had occasion for somebody to write my accounts; I trusted him to sell goods, he never wronged me to my knowledge.
Wil. Mould. I have known Hughes betwixt five and six years; he lodged and boarded along with me. He never wronged me; he bore a good character.
Wil. Morrison. I am a glass-grinder. I have known him eight or nine years; I never knew any thing dishonest by him.
All three Guilty . Death .
They received sentence immediately, this being Friday, to be executed on the Monday following, and their bodies to be dissected and anatomized.
There was an indictment against them for a robbery on the highway.
The blunderbuss was the property of the Genoese ambassador, whose house was lately broke, and that with other things stole, &c.
398, 399. (M.) Robert Evans and William Evans were indicted, the first for the wilful murder of Mary Squire , spinster , by giving her a great quantity of deadly poison, called white arsenic, mixed with gin; and the other for being accessary in aiding, assisting, comforting, and abetting the said Robert to do and commit the same , April 30 . They stood charged on the coroner's inquest for the said murder. *
Ann Edwards . On the 30th of April, between eight and nine in the morning, I saw both the brothers at the bar at Mr. Gazard's house at Edmonton. The eldest, Robert, said he would go as far as Mary's and get his breakfast. I did not know who he meant by Mary. He returned back again in about five minutes for half a quartern of gin. I served him with it; but where he carried it, I do not know. I went accidentally for a pot on the Monday morning; Mary Squire was sitting in the middle of the house, leaning with her head upon her arm; this was after the time that Robert said he would go and drink tea with her. I asked her if she had ever an empty pot? She said, she had never a one. I said, Are you not well? She said, she was not very well, and she was not very bad. I had no more conversation with her at all.
Wil. Fouch. I am servant to Mr. Knight, a chemist, in Nortonsalgate. The two prisoners came to me on the 29th of April, and asked for a quarter of a pound of aqua fortis and a quarter of a pound of arsenic, and I served them.
Q. Did they give you an account for what they wanted them?
Fouch. They did not. I asked Robert, what he wanted it for: he told me, he was a farmer. He said, he had broke a bottle of aqua fortis, and came for something to dress his thigh; he was burnt with it. He had some cooling oil which I recommended to him. The bottle was broke within five doors of our shop; I saw it done. I saw him dress his thigh, but I did not see him wash it with the oil. I saw his breeches were all burnt and open. When he spoke for the arsenic, he asked his brother, if that would be enough? he answered, it would. Farriers use arsenic; they cannot carry on their business without it. I asked him, what arsenic he would have? He said, he would have the best. I said, I did not know which was the best; I thought the red was rather the strongest. He said, he would have the white. When I saw his thigh at his first coming into the shop, there was nothing appeared then; but when I saw it at Edmonton, it seemed very much inflamed. I asked him where he lived, when at our shop; he said, in South-street, Edmonton. I believe he does live there.
Q. Do you make it a practice to sell poison to people you do not know?
Fouch. You did. You said, That would be enough, and you would have no more.
Ann Sands. I live at Edmonton. I saw Mary Squire on the 30th of April. I asked her how she did; she said, she was a dead woman, and die she must; this might be perhaps an hour before she died. I asked her what she ailed; she said, she did not know; but she was a dead woman, and die she must. I had seen her about seven in the morning with Robert Evans, in Eliz. Swain's garden.
Q. Did she mention her having taken any thing?
Ann Sands. She did not.
Q. Did she say any thing about Evans?
Ann Sands. No, she did not mention his name. She lodged at Eliz. Swain's; the last time I saw her, she was lying on her bed in a terrible agony. When I asked her that question, and she returned me that answer I have mentioned, then I went for Catherine Dunclay , and we both went up stairs. She asked her what was the matter with her; and she made the same answer. There came several neighbours, and she cry'd, O my dear child! I went and fetched her child into the house, but I cannot say whether it was carried to her or not. She passed for a maid, but she had had a child.
Catherine Dunclay . I saw Mary Squire the 30th of April, the day she died. I had been out at work, and when I came home, my landlady, Mrs. Sands, came to me, and said, Mary Squire was very bad, she was dying. I went up to her; she was in a great agony. I said, Molly, what is the matter with you? She said, I am a dead woman, and die I must. I said, Molly, Have you drank a pint of beer, and brought it up again? She said, she had drank nothing but water; she said, her legs and feet were very cold. I rubbed her legs, and asked her if she felt me; she said, Yes. I asked her if she knew me; she said, Yes. Then she begged very hard for a little water; I sent a person for some, and to bring a pot full; there was a pint brought, and she drank it within a spoonful, and lay down, and never spake more.
Q. What was your meaning in bringing it up again? Bringing what up?
C. Dunclay. I said, If you have drank a pint of beer, you have brought it all up again. I saw water on the floor by her bed-side; it locked like water.
Q. Did you see her after she was dead?
C. Dunclay. I laid her out, and saw her opened. Here is the poison that was taken out of her pocket after she was dead. ( Producing white a senic in whited-brown paper, and writing-paper over that.) And here is the poison that was taken out of her stomach. (Producing arsenic in an earthen pan.)
Lydia Lane. William Evans kept company with the deceased; I have seen them several times together; they had lived fellow-servants together at the Three Tons. The deceased was my sister; she was dead before I came to her. I found that stuff in her pocket, and delivered it to Eliz. Swain, about half an hour after she was dead. Catherine Dunclay was in the room at the time, and saw me take it out. I was desired to search her pocket.
Q. Did they give you any reason for that?
L. Lane. No; only I being her sister.
Q. to Fouch. Look at this in the paper?
Fouch It was in a lump when I sold it; I believe it to be arsenic. I wrapped it up in two parcels in this sort of paper, that is, the inside paper. I do not know but that this may be one of the papers. It was whited-brown paper.
John Holt . I am a surgeon. I was employed to open the deceased, the second of May, two days after she was dead. I found a quantity of white arsenic in her stomach. This looks to be the same in the earthen pan. (He takes that in the paper in his hand.) There was a person brought this to our house, which gave a suspicion the deceased was poisoned; I imagine here may be near two ounces of this in the pan. It was all congealed in a lump like a bit of mortar when I took it out of her stomach.
Q. How much do you imagine there may be of that in the paper?
Holt. There are about two drachms of it.
Susanna Roden . I live in Goswell-street, when at home, but I am at Bowe's Farm at Edmonton; Robert Evans , the prisoner, lives there. On the Monday before he was taken up, he was drinking a pint of beer; he had been ringing a pig; they were talking about a young woman being poisoned. I heard him say, he did not mind being hanged no more than ringing of a pig, if it was not for the old folks.
Q. Did they charge him with poisoning her?
Q. Who were they that were talking with him?
S. Roden. I do not know.
That last woman hath said a very false thing. I never said such words in my life. The arsenick I bought I lost out of my pocket.
I don't know what my brother bought; he bought it for his own use, as far as I know.
For the prisoners.
Robert Castle . William lived servant with me a year and a half: he behaved very honest and sober; I never heard no harm of him. The other brother was apprentice just by me; he is a very sober young fellow, and keeps close to work.
James Balam . I keep a blacksmith's shop. Robert served his time with me; he behaved very well, and was very honest. He went journey-work for about two years and a half after his time was out, and since that he has worked for me again, till this affair. I live in South-street ward, in the parish of Edmonton.
Q. from jury. Whether you sent him for aqua-fortis or arsenick?
Balam. No, I did not.
Q. from jury. Was he servant to you at this time?
Balam. He was.
Q. from jury. Had you ever any conversation with him about this affair?
Q. from jury. Did you know of his coming to town on the 29th of April?
Balam. No: he was a weekly servant to me, and on a Sunday I have nothing to do with him.
Q. from jury. Did he complain to you of being burnt?
Balam. No, not till before the coroner's jury.
Q. from jury. Did you ever send him to buy aquafortis?
Q. from jury. Did he ever do any business for himself?
Balam. I don't know that he ever did; he lodged and boarded in the house; he could have no separate trade.
Q. Did he charge this arsenick to you?
Balam. No, he did not. I know nothing about it.
Q. to Mr. Holt. Whether, upon opening her, you found her with child?
Holt. No, she was not with child.
Q. Was there any appearance of a miscarriage?
Holt. No, there was not. If she had been very young with child, that might not possibly be observed.
Both acquitted .
No evidence produced.
The evidences were examined apart, at the request of the prisoner.
The record of his trial and conviction was read in court, where it appeared he was tried for stealing a silver mounted sword, value forty shillings, the property of Robert Lee Doughty , Esq; in Feb. sessions, 1768, and cast for transportation for the same. See No. 207, in Mr. Alderman Harley's Mayoralty.
David Miller , for stealing a sword, the property of Mr. Robert Lee Doughty. He was cast for transportation. I was an evidence on that trial.
Q. Did you hear him receive sentence of transportation?
Q. What name was he tried by?
Q. Did you ever know him go by the name of Read?
Heley. No, never till now.
Nicholas Bond . I have known the prisoner some years; I saw him when before Sir John Fielding before his trial, but I was not in court when he was tried. I apprehended him in Denmark-court, on the 14th of this instant May, about ten at night; there was another man with him. They were looking down an area. I said, What are you looking there for? He muttered; I do not know what he said, I repeated it again: then he held up his face: then I said, Is it you, David Miller ? you can be about no good here; what business have you here? He said his name was not David Miller, it was John Read : then I said, John Read , you shall go along with me. As I was bringing him along the court he said, What is your name? I said my name is Bond. I put my hand down, and felt something in his pockets then I took out this pocket-pistol, (producing one ).
I never was transported in my life, to my knowledge. I was born upon the sea. I said my name is not Miller; he said, You are very much like him. As we were going along, he was trying to put this pistol into my pocket.
Guilty . Death .
See No. 336, in this Mayoralty.
403. (M.) Elizabeth Bourn , spinster , was indicted for stealing a linen shift, value 2 d. five yards of flannel, value 12 d. half a yard of silk, value 6 d. a quarter of a pound of thread, eight yards of quality binding, and a linen coat, the property of Robert Tutt , and a linen handkerchief, value 2 d. the property of Sarah Cressold , April 27 . ++
Mary Tutt . My husband is named Robert Tutt ; I live in Tavistock-street, Covent-Garden . The prisoner was our servant : she came to me the 3d of April: she was not with me quite three weeks. We missed a handkerchief of Sarah Cressold 's: we had reason to think the prisoner had it. I went up stairs with her, and desired her to open her box; she did: there were all the things laid in the indictment. (Produced in court and deposed to). She begged very hard I would not prosecute her, and said she would make me a very honest servant. I told her she might go for that night. I asked my husband what I should do; he said, Prosecute her. She came again on the Thursday following; then I took her up.
My box was locked, and the key in my pocket. I know not how the things came there. My box was wide open when I went up stairs.
Mrs. Tutt. I went up before her, and her box was locked: then I went down to the prisoner: she came up; and did unlock it; and she herself took the things out.
Guilty 10 d . W .
Q. Did you ever get your purse again?
S. Curtis. She left that in the room.
I never took her five-and-three pence; but I gave her two shillings out of charity, fearing she should be turned out into the street. She came and took me up out of my warm bed. I had but one shilling and two sixpences. I said, In the name of God, take them along with you, I know no body in the world but God Almighty and myself.
Guilty . B .
405. (M.) Thomas Cane was indicted for stealing a cloth great coat, value 20 s. a cloth surtout coat, value 5 s. one other cloth coat, value 5 s. a thickset coat, value 3 s. a man's hat, value 2 s. and two shirts, value 2 s. the property of Charles Riley , May 31 . ++
Charles Riley . I live servant with Mr. Clark in Dover-street : I lost the things laid in the indictment last Tuesday or Wednesday; I missed them on the Wednesday morning about nine o'clock: the shirts were in a bag, and the clothes hanging up upon pegs. The prisoner used to be about our yard. He was employed, sometimes by one, and sometimes by another.
Q. Was the stable door locked?
Q. Have you ever found any of the things again?
Riley. I found them again on the Thursday at Justice Welch's.
Salomon Barnford . I am a beadle. On the Wednesday morning, about three o'clock, I was at the King's Head in Monmouth-street. The prisoner came in with a bundle of clothes. I said, You must go and get somebody to prove that these be yours. He went away, and never returned. Then I took them to Justice Welch's; there are four coats. He was taken the next morning with the shirts and hat.
Arthur Carter . I am a watchman. I saw the prisoner, about half an hour after three in the morning, coming down Tatenham-court road; he had a laced hat on under his own. He passed me, and looked over his shoulder at me: there was another watchman at the end of Clarges-street; he gave his rattle a sort of a crack; I turned; he said, That is your mark: then I went after the prisoner, and stopped him, and took the hat from his head, and said, This hat belongs to some stable. I asked him where he was going; he said to some great building at some fair, but I did not know where. I searched him, and found a shirt in each pocket. (The things produced and deposed to).
I know nothing about the clothes.
Guilty . T .
Joseph Clark . I live in the parish of St. John's, Wapping : my servant acquainted me there was a pair of screws missing, which were seen over night: after that I heard the prisoner was apprehended, and in our watch-house, and had a pair of screws in his possession. I went and looked at them, and found them to be my own. I have seen the prisoner pass my yard two or three times. I asked him if the screws were his property; he said he found them about three quarters of a mile from my house.
Edmund Domony . I saw the prisoner come past Wapping Old-stairs, between four and five that morning, the 25th of May. He had something on his shoulder; two men came with him; one had something on his head, between twelve and one. I said, This is the man that went past here in the morning between four and five, with something on his shoulder. I said he has been taking iron rails from somebody's door: he said what business was that of mine; I said I insisted on seeing what he had got: there was these screws. I stopped him, and the prosecutor came and owned them.
John Pecket . The screws are the property of Mr. Clark. (Produced and deposed to).
Justice Sherwood committed me. I desired to be admitted an evidence. I could make something known, but I am not guilty of this.
Guilty . T .
407. (M.) James Benson was indicted for breaking and entering the dwelling house of Edward Thompson , about the hour of two in the night, on the 10th of May , and stealing two linen shifts, value 3 s. two linen shirts, value 6 s. two linen towels, value 6 d. two linen aprons, value 12 d. one copper tea kettle, value 4 s. one tin tea cannister, one linen neckcloth, a pair of bellows, and a tin drinking pot, the property of Margaret Ferguson , spinster , in the said dwelling house . ++
Marg. Ferguson. I am servant to Mr. Edward Thompson , a taylor , in Red lion street . His house was broke open on the 10th of May. I found it so in the morning about eight o'clock; the door was open, and the casement of a window to the back kitchen was broke. All was fast over night. I missed the things mentioned in the indictment. (Naming them).
Joshua Nelson . I am a watchman in Great-Ormond street. On the 10th of May, my partner, named Jenkins, and I, found the prisoner and these goods on his shoulder. We first saw him within about twenty yards of the Foundling Hospital gate; he had them in a hand-basket: he told us he brought them from Oxford-Road, and was going with them to Cold-Bath-fields. When before Justice Girdler, he said he found them in the fields, coming from Tatenham-court road. Mr. Girdler desired I would keep the bundle, and I have had it in custody ever since; there were a kettle and a pair of bellows, two shifts, two shirts, two towels, two aprons, a neckcloth, a tin cannister, and a tin drinking pot. ( Produced and deposed to by prosecutrix ).
- Jenkins, the other watchman, deposed to the some purport.
I found the goods in the fields coming from Tyburn-road as I was going to work in Wapping. I am a lomper ; I do business on board a ship.
Q. to Ferguson. Are all these things your property?
Ferguson. They are.
Q. There are a tea kettle, bellows, and a black jack; Are they your property?
Ferguson. They are my master's property.
Q. Which are really and truely your own?
Ferguson. A shift and three aprons are my own.
Q. What was the whim of saying they were all your property?
Ferguson. There were disputes when before the Justice: I said there were so and so of mine. My master would not appear.
Court. Therefore you was to come and swear for your master?
Ferguson. They were all in the kitchen.
Court. Did that make them yours?
Ferguson. They were in my care.
Court. What sort of a conscience have you to swear at that rate? Because your master would not come, you were determined to swear for him.
Ferguson. He would not appear; and I told him if he would not I must.
Q. Could you not have said they were your master's, as well as that they were your own?
Ferguson. They were my property.
Court. Indeed they were not.
Ferguson. They were in the kitchen.
Q. Are you sure these other things, the shift and aprons, are your own?
Ferguson. Yes, they are.
Guilty of stealing only . T .
408, 409. (L.) John Herbert and William Laws were indicted for breaking and entering the dwelling house of Elizabeth Vine , spinster , about the hour of two in night, on the 12th of May , and stealing four ounces of sewing silk, value 6 s. two pieces of silk-ribbon, containing thirty yards, value 12 s. four pair of spectacles, and four pair of paper spectacle-cases, value 4 d. the property of the said Elizabeth, in her dwelling-house .
Elizabeth Vine . I live in the Bowling-alley, White-cross street : my house was broke when I was in bed and asleep, on the 12th of May, between one and two on a Sunday morning. They got in at the window.
Q. How do you know all this?
E. Vine. The evidence told me so; and I was knocked up about that time. I found my window-shutter
Q. Have you seen them since?
E. Vine. Here they be; (produced and deposed to). They were brought to me about a quarter of an hour after I was knocked up. I told the people that brought the box what was in it before they opened it.
William Ellis . I was a watchman in Whitecross street. Going up Bowling-alley, about three o'clock that morning, I found the woman's window open. I saw some panes of glass had been broke, and about twenty or thirty yards from the window, I saw this box lying. I took it up, and delivered it to Mr. Clark, the constable of the night: we examined it: there were the things mentioned in the indictment. We could not awake the woman: there was a slim man got in at the window: he awaked her. She came down stairs: we went in: there was a candle stuck to the wood; had it been left alight, it might have set fire to the house.
Stephen Baker . I was a watchman that night. Young Laws had got up to the lamp; and had pulled the burner out, and broke the lamp. I found a hat within four yards of Mrs. Vine's door, hid under some piles of wood, of which they make heels for shoes; it stuck between them. Laws owned it, and demanded it of me.
(The Hat produced in court ).
Q. Did he own he put it there?
Baker. No, he did not.
William Clark . I was constable of the night: the watchman brought this box to me: I looked to see what was in it; then I carried it to Mrs. Vine; she told me exactly what was in it. I thought there had been murder committed. We could not awake her. We got a small person to go in at the window, and then she came down: none but small people could get in. I found the shutter forced open, and they got in at the upper part of the window: the shutter did not reach quite to the top of the glass.
William Davis . There was Herbert, myself, Laws, and another, named Thomas Davis , not taken, were drinking at the Pyed Bull, in Whitecross street. The people have left the house since. Thomas Davis agreed with us to go and break the house open. We set out about twelve from there. We had an iron crow with us, and we wrenched the shutter open.
Q. Where is that iron crow?
Davis. I lent it to another person. Davis and I opened the shutter, and left the two prisoners to look out. Davis got up, and, with his knife, took a pane of glass out, and then drawed and wrenched the shutter out with our crow; then Davis got in.
Q. How old is that Davis?
Davis. He is about twenty-two years of age; he is a tall young man: he went in side-ways: he gave me the box out; I put the silk into my pocket, and he came out at the window, and bid me go up into a little bit of a court, and tie it up in a handkerchief. I heard the watchman coming, and found I should have been taken; I was obliged to leave the box and run away. I left it on a bench.
Ellis. I found it on a bench.
I never saw the evidence only once or twice pass by my door. I never saw the goods. If he has a mind to swear my life away I cannot help it. I am an ivory brush-maker .
This button and loop I never saw that are upon this hat. Thomas Davis took this hat from off my head the 12th of May, as I was going of an errand for my mother, and went away with it. I am not fourteen years of age.
Q. to Davis. Is that other Davis your brother?
Davis. No, he is not.
Both Acquitted .
410, 411. (M.) John Cook was indicted for stealing forty yards of callicoe, value 4 l. the property of Charles Napper , and Jos. Wright for receiving the same, well knowing the same to have been stolen , March 10 . ++
Charles Napper . I am a callicoe-printer , and live in Old-street . On the 10th of March last I missed forty yards of callicoe from out of a shed in my yard, each twenty yards long, and a yard wide, as measured by the king's officer. It was in two pieces, quite white.
Q. to prosecutor. What was the value of the that cloth?
Prosecutor. They were worth upwards of 4 l. at the India sale.
Jos. Hale. I was at the White Lion in Christopher's-alley, when the evidence had this cloth to sell. I went with the evidence and one of Mr. Napper's servants, and one of Sir John Fielding 's men. Sir John's man did not care to take Bilson at first. Then Bilson said, If you will step along with me, I'll shew you the man that bought the cloth. The evidence went there; it was Wright. Wright said, You know I did not buy them; I only paid part of the money; there was another man concerned; it was two pieces of callicoe, forty yards. There was one Booth by when the evidence was selling them. He said, they were stolen goods; and would have persuaded Wright not to buy them. The evidence said to Wright, You know you bought them, and Lancaster lent you part of the money. I was before Sir John when Cook was examined. Cook there said, he never was guilty of such a thing before.
John Goode . I was at the White Lion in Christopher's-alley in March, when Cook and Wright were there. Hartley had got some cloth to sell, it lay upon the table; there were several people there; there was a guinea and a quarter bid for it. Hartley said, it cost his father more money. I went home and came back again, then the cloth was sold; who paid for it I do not know.
I live at the White Bear in Old-street. Hartley came in and called for a pint of beer. He said, he had a relation come from abroad, and had brought a great deal of cloth. He asked me if I could recommend him to any body that would buy it. He was recommended to Christopher's-alley. I went with him; I had no suspicion he stole it; but I did not see him take a farthing of the money.
Ann Bilson . I was there when Lancaster bought the cloth. Upon my oath, Wright did not buy it; he was present in the tap-room Lancaster bought and paid for it out of his own pocket. The boy said, he had it to sell for his uncle.
Tho. Wagstaff . I was by at the time; Lancaster was the purchaser of the cloth, upon my oath, and not Wright. I did not see that Cook had any thing to do about selling it. Wright has a very good character; I have know him ten or twelve years.
Tho. Haywood . About ten or eleven weeks ago I was with Bilson and Lancaster. Bilson told Lancaster, he had a bargain for him if he would buy it; saying, it was shirt cloth. Lancaster said to Wright, Will you have part of it? Wright said, he had swapped goods away about three weeks before for shirt cloth, and did not want any. Then Lancaster said, Will you go with me and pass your judgement upon it? They both went out of the house. I did not go to the public house with them; I went to the Cock. As they came back I saw Lancaster had got the cloth tyed up in a handkerchief. He asked me if I would buy some of it; I looked at it, and said, it did not suit me.
Cook Guilty , T .
Wright Acquitted .
There being no evidence to the fact to corroborate the testimony of Hartley, he was not examined.
414, 415, 416. (M.) Owen Fox , John Jagger , and Christopher Marckle , were indicted, the two first for receiving twelve yards of printed cloth, black and red colour, made of cotton and linen yarn mixed, value 1 l. 4 s. twenty-three yards of other cloth, made of cotton and linen yarn mixed, value 1 l. 7 s. twenty three yards of other printed cloth, printed in two purples, made of cotton and linen yarn mixed, and Christopher Marckle , for receiving another parcel of the same goods, value 1 l. 10 s. well knowing them to have been stolen by John Hampil , who was tried and convicted for the same the last assize in Essex, the property of Stephen Williams , Clement Bellamy , and Sam. Williams , callicoe-printers , in their whitening ground, &c. March 6 . *
The record of the conviction of Hampil was read in court, wherein it appeared he was tried and capitally convicted for the same, and afterwards was transported for fourteen years.
Stephen Williams . We have a manufactory at Stratford in Essex , in the linen and callicoe-printing way. There are three partners of us, myself, Clement Bellamy , and Sam. Williams . We lost a great many goods out of our bleaching ground; some I found again. We apprehended one John Hampil , and carried him before Sir John Fielding . Sir John asked him if he had any body that would give him a character; he sent for the prisoner Jagger. When he came, he gave him the character of an honest man. He was asked, if he had bought any goods of Hampil; Jagger hesitated very much, and said something I cannot recollect. Mr. Fielding granted a warrant to search Jagger's house; the house is kept by Owen Fox , in partnership with Jagger. I, the constable, and another person, went to their house; we told Fox our business; he would own to nothing. We went up stairs; the first room was for company, (it is a public house) there we found nothing. In the next room we came to there were several boxes, several of them were opened; at last we came to a box that was locked; we asked to have that opened; Fox pretended he had not the key. We wrenched it open; in it we found some little bits of cloth which I knew to be my own; the pattern was my own, and had not been exposed; none of that pattern had ever been sold, not being finished; they wanted a fortnight's bleaching. There was another great trunk; they pretended not to have the key of that, and talked of sending out for a key; at last the key was found in a breeches pocket, hanging in a closet joining to the room; we were ten minutes before we could get that. The chest was opened; there we found two pieces of white cotton, with my name at the end; they were not quite clear in the bleaching, nor were they in a marketable condition. We carried Fox and his wife before Sir John Fielding ; then Mrs. Fox told us, there were more of these goods at a neighbour's house, three doors from Fox and Jagger's; it appeared to be a lodging house. She brought down a bundle, which was mine, and a gown, and two pieces of purple colour, in bad condition; this appeared to be made up into a gown. She gave information that Marckle, who kept an alehouse in Chissel-court, had dealt with Hampil; and she said, Owen Fox and Jagger had bought all these which we had found, of Hampil. Then Fox and Jagger owned they bought these things of Hampil. ( The cloth produced.) This is cloth never sold, nor never used for the purpose; they had cut it into table-cloths, pillow-biers and sheets. The cloth is very improper for that; they are not white, and they are very nappy, and very improper to be used for any such purpose. We got a warrant to search Marckle's house. We went there, and asked him if he knew one Hampil; he said, he did not. We said, he certainly must know him; he said, No. Have not you bought any cloth of him? No; he had not. We then told him, we had a warrant to search. We went up stairs, and found the door locked; that was opened. There was a line on which a whole piece was hanging, wet and dirty, as it came out of the field, not saleable; it was cotton and linen yarn. Some of the marks were cut off, and some appear on them. Mrs. Fox was an evidence in Essex against Hampil, but against her husband she cannot.
John Noaks . I produced all these things here; I found great part of them where Mrs. Fox shewed us. Jagger went up stairs in Fox's house, and shewed me the things; he could not find the key a long time, at last he found it in a breeches pocket of Fox's. Jagger was sent by Sir John with us to shew us the house where he lived. Mr. Williams went up stairs with us; we searched several boxes; some were open, some locked. Some of the drawers were open. Jagger and Fox too, said they could not find the key of a large box. We found white cotton cut out, which Mr. Williams swore to. Then we went from there to Marckle's, and in a back room up stairs, we found a whole piece of white cotton, wet and dirty; he said, he had not bought it. When I first went into his house, I asked him, where the cloth was that he bought; he said, he bought none. He was asked if he knew Hampil; he said, he did not. He would not tell us of any goods till we went up and found them.
James Cole . I was at Sir John Fielding 's when Hampil was examined. Mr. Hampil desired me to carry a letter to Jagger; I went and delivered it into his own hand in his own entry. He said, he did not know the man. I said, I dare say he did. He asked me my reason for thinking so, I said, Did not you know him when he was in the Hanover service? He said, Did you know him then? I said, I did. Then he, said, I do know a little of him, not much. He asked what was the matter; I said he was taken up on suspicion, and it was a pity a man should be hurt if he was accused wrongfully. Then he said, if I can be of service to him, I will go down. Then he went; Sir John examined him. I think he at first said, he had lodged in his house some time, and had never known any harm of him.
The prisoners said nothing in their defence.
For Fox and Jagger.
Wil. Henry Marriot . I know Fox and Jagger; they are victuallers and partners, in Newport-market, at the sign of the Three-Jolly Butchers. They have the character of honest men the time they have been there, which is seven or eight months. I am a working brazier.
Anthony Rawlinson . I am a surgeon. I have known Fox and Jagger about eight or nine months. They live in a house that used to be of bad same before they kept it; and now they have made it a house of extreme good character.
- Smith. I have known him seven years; he has a very good character.
All three Guilty . Death.
This Indictment was founded on an act of parliament made in the 18th year of George II. which makes it a capital felony for stealing goods out of any bleeching-grounds, laying to be whitened, after the first of June, 1745, any linen, fustian, cotton, or any thread of linen, or cotton yarn, to the value of 10 s. or any that should assist, or procure, or buy, or receive, any such goods, so stolen, knowing it to
All three T. 14 .
Job Parker , Thomas Gahagan , Thomas Bowers , John Newman , James Ford , otherwise Dunn , William Miller , Thomas Crookhall , Will. Lewis , Samuel Clark , John Green , William Ogilvie , Shepherd Strutton , and John Wood , capitally convicted in April Sessions, were executed on Wednesday the 16th of May.
The trials being ended, the court proceeded to give judgement as follows:
Received sentence of death, thirteen.
Daniel Pfluyer , John Milbank , James Atherton , John Atherton , Jos. Delaforce, James Attaway , Richard Bailey , William, otherwise Tho. Wharton, Francis Lutterell , John Read , otherwise David, otherwise John Miller, Charles Stevens , Henry Holyoak , and Henry Hughes .
Transportation for fourteen years, three.
Transportation for seven years, twenty four.
Nathaniel Hargrave , John Craft , Sarah Moss , Ann Wright , Mary Hanson , Eliz. Green, James Allen , John Bird , Andrew Keeling , Ed. Gregory, William Jackson , Robert Bisset , John Knight , James Lee , Tho. Cook , John Haddock , Wil. Jilks, John Browning, James Benson, Paul Dunn , otherwise Matthews, Bridget Edwards , Moses Lyon , Thomas Cane , and John Cook .
Job Parker , Thomas Gahagan , Thomas Bowers , John Newman , James Ford , otherwise Dunn , William Miller , Thomas Crookhall , Will. Lewis , Samuel Clark , John Green , William Ogilvie , Shepherd Strutton , and John Wood , capitally convicted in April Sessions, were executed on Wednesday the 16th of May.
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