In the Eleventh Year of His MAJESTY's Reign. Being the Second SESSION in the MAYORALTY of The Right Honourable BRASS CROSBY, Esq; LORD-MAYOR of the CITY of LONDON.
NUMBER II. PART I.
Sold by J. COOKE, No. 17, 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 BRASS CROSBY, Esquire, Lord Mayor of the City of London; the Hon. Sir THOMAS PARKER , Knt. Lord Chief Baron of his Majesty's Court of Exchequer *; the Hon. Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas +; the Hon. EDWARD WILLES , Esq; one of the Justices of his Majesty's Court of King's Bench ||; JAMES EYRE , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
(M.) 56. James Glover was indicted for stealing nine firkins of butter, value 14 l. the property of Walter Wilson , being on board a certain lighter lying in the navigable river of Thames , Jan. 2 . ++
Walter Wilson . I am master of the Adventure ; my ship lay off the Tower guns; the firkins of butter were in a lighter, with many other things, under my care laying along-side my vessel; the butter was stole on the second of January at night. I was told of it the next morning; Edward Grey informed me there were three men concerned in it; by a search-warrant we found five firkins of the butter at Ratcliff-Cross, in the possession of John Macdonald : the firkins were marked on the head with a W, and there was a burnt mark on the side of the firkins made at the dairies by the makers of the butter; there was a mark on one that we found at Macdonald's much disfigured, I suppose, with an intent to take it out.
Q. Were there marks sufficient left upon them at the time they were found at Macdonald's, to enable you to sware to them?
Q. By what marks that were then visible, did you sware to them?
Wilson. There was I. S. upon the side.
Grey. I shall be fourteen next May. It rained very hard that night; I went below; Mr. Judd bid me see if any body was stealing the butter; I went up; I saw three men stealing the butter. The prisoner was standing upon the gunnel of the lighter; there was a man under the head sheets where the butter was: the third man was in a skuller along-side of the lighter. I saw the prisoner handing the butter firkins into the skuller; there was one firkin left upon the lighters gunnel, they were in such a hurry to get away: I called out directly that they were stealing the butter; a gentleman and Mr. Judd jumped into a boat and rowed after them, but could not make any discovery of them.
Q. What time was this?
Grey. After they had come back from pursuing them; it was just four o'clock by the gentleman's watch.
Q. You say you saw the man under the sheets?
Grey. Yes; I saw a man there, but I could not take particular notice of him.
Q. Did he get into the skuller too?
Grey. Yes; they all did.
Q. How many firkins did you see them hand over the lighter?
Grey. While I was upon the deck I saw them hand one into the skuller, then I cried out.
Q. Had you ever seen the prisoner before?
Grey. Yes; the night before he brought a lighter to take away some lead in: next morning I knew him again as soon as I saw him.
Q. Was it light?
Grey. It was moon light, but the moon was rather under a cloud.
Q. Was it light enough for you to see them?
Grey. Yes it was. I told my master I knew one of the men.
Q. Who did you say he was?
Grey. I said it was the man that brought the barge the night before to take the lead away.
Q. What time was it?
Grey. About four in the morning.
Q. It was a rainy night?
Q. Did not he come down the next day to work upon your lighter?
Q. Was not you present when he was working there?
Grey. I saw him.
Q. How came you not to give notice to Mr. Wilson when he was there?
- Thomason. This boy, Edward Grey , appeared to be vastly precise and explicit about the prisoner's taking the butter. I went to the prisoner several times, to see if I could get any information where the butter was. He was in custody before Sir John Fielding ; there was one Ridgway, an attorney, who seemed to be very busy among the prisoners there, said to him several times, Hold your tongue, if you speak you will hang yourself. Notwithstanding what Ridgway said to him, he said to the prisoner, If you go to Stone-stairs there is one Macdonald a potatoe merchant lives there, perhaps you may find some. Sir John granted us a search-warrant; we searched Macdonald's house, where we found five of the firkins.
Q. Were the firkins examined?
Thomason. Yes; and they proved by their marks to be the firkins that were stolen from out of the lighter.
Q. Did the prisoner mention is as a fact from his own knowledge, or that he had heard upon the river that the butter was at Macdonald's
Thomason. He said he had heard it was there, and desired I would examine Macdonald's house; he said, Examine the cellar: we did not find them in the cellar.
Q. What did the boy say about the butter?
Marshall. He called us up and said, the men were stealing the butter; we pursued them; we could not overtake them; when we came on board again, the boy said he was certain that one of them was the man that brought the barge for the lead the night before.
There was some people in the gaol came to see a man; they asked what I was in for; they said, for taking butter. Aye, says the man, I heard about it, but I believe he is as innocent as the child not born. I told the gentleman that I had heard it, not that I was sure of it; I only
For the Prisoner.
John Hamar . I am a lighterman; the prisoner had worked for me about a week; I had known him a month; this affair happened on Thursday; on Saturday night the prosecutor came to my house and asked to see my men: I told him they would be in soon; the prisoner came in first; I said, Look at him and see what you can make of him. The captain said to the boy, Look at him; he took the candle and looked at him; the boy said, I believe it is him, but if it is he has not got the same cloaths on. The gentleman insisted upon taking him before Sir John Fielding . I promised the captain the worth of the butter: that he should come next morning; but they took him away directly.
Q. What did the boy say before the justice?
Hamar. I think he said he was about thirteen; they asked him if he knew the tenor of an oath; he said no; they asked him what a lie was, he said he did not know: they asked him again if he knew what would become of him if he swore what was false; he said yes, he should go to hell: then they swore him, and he said the same thing he has now.
Mooring. He said he believed it was the person, but could not be sure; he was positive he believed that it was the person.
Q. To Hamar. How was the prisoner dressed that day?
Hamar. In a blue surtout coat and a surge waistcoat.
Hamar. The same.
Q. Was the boy asked, or did he describe before Sir John, what dress the man appeared in at the robbery?
Hamar. He said, In a brown coat.
Johnson. I have known the prisoner nine years, he served his apprenticeship to me; he was a very faithful apprentice: I never heard of his being guilty of any thing that was bad; he had a great charge under his care.
- Dawson. I have known the prisoner a little better than a twelvemonth; he has a very good character.
Q. To Grey. Do you remember what dress the prisoner wore when he brought down the lighter?
Grey. A light brown surtout coat.
Q. Had he the same coat on when you saw him upon the gunnel?
Grey. Yes, he had.
Marshall again. He had the same coat on next morning, when he came down to take the barge away. A brown coat.
For the Crown.
William Backhouse . I was present at the time the warrant was served upon the prisoner. Mr. Hamar said, This is one of my men that brought the barge down. The captain took the candle because the prisoner turned his back upon the boy: the captain said to him, Is this the man, the boy immediately said, This is the very man, but he has not the same coat on; he had at the time a blue surtout coat on. The captain and I and the officer examined the prisoner's house; we found the coat, this boy, Grey, had described, hanging behind the door; it was rather damp.
Guilty . Death .
Lewis Aubrey , who is valet de chambre to the duke of Bridgewater, deposed, that last summer he was with the duke at his grace's seat at Worsley Hall in Staffordshire , that he missed his spurs on the twenty-eight of August; that the prisoner, who was groom to Mr. Gore, was attending his master, who was on a visit at the duke's: that in the month of October the duke and Mr. Gore paid a visit to Lord Waldegrave, at his seat in Essex; that while they were there, Joseph Fellows came to him and told him he had found his spurs, and brought them to him, from where the prisoner put them; that he did not choose to mention it till he came home, and ordered Fellows to put them again in the place where he found them, which he did; that he saw the prisoner with the spurs on when they came to town on the fifth of December; that he acquainted the Duke of Bridgewater and Mr. Gore, that the prisoner had stole his spurs; that they sent for the prisoner
Joseph Fellows , who is travelling footman to the Duke of Bridgewater deposed, that he used to clean the prosecutor's spurs; that he missed them on the 28th of August from the shoe-room, where he used to hang them; that seeing the prisoner with silver spurs on he suspected they were the prosecutor's; that he saw him put the spurs in the corn-bin in the stable; that when the prisoner turned his back he took the spurs to the prosecutor, who ordered him to put them in the place he took them from, and defer the enquiry till they came home; that he was present when the prisoner was charged before the Duke of Bridgewater and Mr. Gore with stealing the spurs, and he confirmed the account given by the prosecutor in every particular.
- Woodman confirmed their evidence respecting the prisoner's kneeling down and beging forgiveness.
The prisoner, in his defence, said, he bought the spurs three years before in Oxford Road; he called eight witness who gave him a good character.
Guilty , T .
58. (M.) Solomon Solomons was indicted for breaking and entering the dwelling house of William White , on the twenty-second of November , about the hour of five in the night, and stealing 84 yards of bed-lace, value 10 s. the property of the said William, in his dwelling house . ++
William White . I am a haberdasher and live in Whitechapel : on the twenty-second of November, my shop-woman told me a man had taken a parcel off the counter; she described the man to be tall, in a snuff-coloured great coat and a round hat; I went out in pursuit of him, I first saw him in an entry about two or three hundred yards from my house; I said, young man, by the description I have, you are the man that came into my shop; he seemed to be in a great flurry; I asked him to go back with me to my shop: he struck me several times and got away from me; there were two men; my brother pursued the other but could not take him; in coming back he met the prisoner; he called to me for assistance, and we brought him to my shop; my shop-woman said immed iately she would sware to him.
Q. Is it a whole, or a half door?
Tidmarsh. A whole door, and has a latch.
Q. Did he use any force?
Tidmarsh. No; he came in and took a parcel off the counter; we had sold some of the lace about half an hour before; I called to Mr. White and he went in pursuit of him.
Q. How long was it before he was brought in?
Tidmarsh. Rather better than a quarter of an hour; I described him to Mr. White to be a tall thin man in a round hat and a rough great coat, of a reddish colour.
Q. What distance was you from him?
Tidmarsh. About fifteen or twenty yards.
Q. Did he deny or own the fact?
Tidmarsh. He denied it.
Thomas Bradshaw . I happened to be at Mr. White's at this time; his shop woman cried out somebody has stole something; the man ran up Goulston Square; we opened the door that goes into the square and run after him; the prisoner looked round at the corner to see if they were pursued; he pushed the other that had the lace away; I said to Mr. White, will you take care of him, I will pursue the other: he stood at the corner looking back to see if he was pursued. I pursued the other for some considerable time through many allies into Spital-fields; it was just at the duke of the evening. I lost him; a coming back I met the prisoner again; I said my friend, you are one of them; he asked me what that meant; I said you are one of the men that took the things, come back with me and I'll tell you what I mean; he began straggling; we struggled together, I believe, a quarter of an hour. Mr. White heard I had get him again, he came up. The
Q. What did Miss Tidmarsh say?
Bradshaw. She declared he was the man that took the lace.
Q. Did not he say that he was ready and willing to go with you?
Bradshaw. No, he struggled very much.
They would not give me time to talk for myself before the justice; upon Tuesday morning I went into the country; I walked with an acquaintance from Bow to Goulston Square. I saw two or three men run very fast; there was a wooden entry in the square; the gentleman hearing me go through turned round and said, you robbed my shop, and knocked me down. A gentleman, a brewer, bid him run after the other men that were gone along; he let me go, and went to stop the other man. I went the rest of the way home; I met this gentleman; he said I was the man he run after; he said I robbed his shop; I said, search me; they dragged me all the way; they sent for a constable; the shop-woman gave orders to charge me; they took me to a back parlour, stripped me, and found nothing upon me.
For the Prisoner.
Emanuel Ruff . The prisoner came to my house in the morning and asked me to lend him a hat to go into the country. I lent him a hat; upon Thursday in the afternoon I met him by Bow; he said he was going home because the weather was so bad, so I went home with him: when we came almost by Whitechapel, I asked him if he would drink a pint of beer. I left him the corner of Goulston-street.
Rachael Levi . My husband works in Goulston Square; I had been to him; coming back I met Solomon Solomons ; it had been a wet afternoon; he asked me where I had been; while I was talking to him two or three men run past me, then two or three more came by, after that I desired him to go home out of the rain, and change his cloaths, as he had had a fit of sickness.
Catherine Israel . The prisoners was taken under our window; I was drinking tea; I heard a noise under the window; I opened it; I looked out and saw some men take hold of the prisoner, then he spoke; I knew him by his voice; he said, gentlemen, don't use me ill, I am not the person you seek for; he said, search me, if you find any thing upon me I will give you leave to take my life.
Witness. I said if you will tell me who the man is that ran from you at the time, I will give you half a guinea.
Q. to Mr. White. When you first took him did he say any thing to you of two men that were gone before?
Q. Was there any brewer spoke to you; did he tell you two or three men were gone before?
White. No; Mr. Cummings the brewer, said, why did not you call to me, and I would have sent some of my men to assist you.
Q. I understand you to say he was too hard for you, and he knocked you down?
White. No, he beat me so that my eye was swelled.
Q. Did you not voluntarily let him go?
Q. Did you not leave him to pursue any body else?
Guilty of Stealing , T .
59. (M.) Christopher Waring was indicted for breaking and entering the dwelling-house of Esther Nichols , widow , on the twenty-second of December , about the hour of two in the night, and stealing one pinchbeck watch, value 3 l. twelve pound of tea, value 3 l. two pound of coffee, value 8 s. thirty-six pound of sugar, value 1 l. 1 s. three silver tea spoons, value 5 s. five check aprons, value 5 s. one pair of stuff shoes, value 2 s. four yards of silver cord, value 2 s. three shillings in money, and 480 copper halfpence, the property of the said Esther, in her dwelling house . ||
Q. Was he ever in your chamber in his life before that?
Nichols. Never, to my knowledge.
Q. Did you see him once a week or fortnight?
Nichols. Oftener than that.
Q. Do you remember his coming to your house some time about Christmas?
Nichols. Yes; the Tuesday before he went into the kitchen and sat down; I desired him to go; he pretended to go to sleep.
Q. What passed that day?
Nichols. Elizabeth Sparrow can tell better than I, I was in the shop a good deal; he went into the shop; then they shut the sash door between the shop and the kitchen, then he went back into the kitchen.
Q. Did he come as a visitor, or customer?
Nichols. He only came to buy things.
Q. Now tell what passed at the time of the robbery?
Nichols. I waked in the morning on the twenty-second of December.
Q. Was your house secure over night?
Nichols. Yes, my chamber door was neither locked nor bolted; I waked in the morning; I heard the rustling of paper; the lamp I had in the room burnt very bright; I looked across the room and saw the line move a bit of cord that run across the room; I was frightened, then I knew it could not move of itself; I looked a little and saw the line move; I looked, presently a man peeped in at the foot of the bed; I got up an end in my bed, opened the curtains, and looked at the man. I said, very well sir; he said D - n you, madam, if you speak another word you are a dead woman immediately: he stood a little, and did not say any thing; presently he draw'd towards the top of the stairs, and called, Come along Jack, very loud.
Q. When you said, Very well sir, that seemed to be an expression as if you knew the person?
Nichols. I knew him extremely well; I knew him directly; if I had not seen him I should have known him by his voice.
Q. At the time you said, Very well sir, had you a view of his person?
Q. You are to consider this man's life is depending; you can't be too cautious?
Nichols. I could tell him by his voice or back but I saw his face. I said never a word, only that I would not speak any more.
Q. How long was it before he went out of the room?
Nichols. He did not stay above a minute or two.
Q. You are sure it is the prisoner?
Q. Did you see him take any thing?
Nichols. When I first saw him, he had something in his hand white, like linen; he droped it.
Q. Did you miss any thing out of your room?
Nichols. Yes, my watch and bag of money.
Q. Had you carried up any money the night before?
Q. What time of night was it you saw the prisoner?
Nichols. I had a fancy that it was about five in the morning, my watch being gone I could not tell; there was a bag of money upon the dressing-table by the looking-glass; as soon as I could put a few things about me I got up; I heard somebody going out of the yard door before I could get out of my room.
Q. You afterwards heard somebody say, Come along Jack; Who was that?
Nichols. The man in the room; he said it close to my bed-side; I could have laid hold of him if I dared; when I came down stairs the yard door was wide open; the kitchen door that goes into the street was unlocked and unbolted, that is locked and bolted with two bolts; the shop door quite open, the lock was unscrewed; the lock was on it the night before, and the key was carried up stairs; I saw the watch the night before I went to bed.
Q. What was missing out of the shop?
Nichols. All the canisters were empty; there was some coffee and lump butter, one silver spoon out of the till, and there was three shillings in silver. I know the consequence of an oath; I know what I say; I am positive he is the man; they got in at the sash window where the maid lies.
Q. Did you observe that sash window the night before?
Q. How did you find it in the morning?
Nichols. At first I said I believed he came in at the door; we went up into Betry Brookers's
Q. Did you go up into this room as soon as you had examined below?
Nichols. Yes; it was above a quarter of an hour; the window curtain had wet fresh dirt upon it, and fresh dirt upon the table under the window; it was a rainy morning; the curtain was daubed in two places, the table in one place; it was quite wet; there was no mark in the room; I suppose he took his shoes off; I lost three loaves of eight-penny sugar.
Q. When did you first give the alarm of this?
Nichols. I sent for a gentleman; I went out into the garden to see which way they went with the things; the garden gate was open, unbolted, and the lock bursted: there was a leather bottom chair took out of the kitchen and left in the garden, and a brass candlestick from the mantle-piece; the door of that gate was bursted open.
Q. Did you give the alarm to your neighbours?
Nichols. I sent to Mr. Williams; I told him of it.
Q. Did you name the person?
Nichols. Yes, I did; he said he would have me get a warrant of a justice; we went, and they would not grant a warrant. In the afternoon we went to Sir John Fielding 's; the first justice would not grant a warrant, it being Sunday.
Nichols. Yes; I said I had been robbed, and desired a warrant to take him up.
Q. Did you mention him?
Nichols. I mentioned that I knew the person; very possible I might mention the name; I did mention the name.
Q. Who did you demand a warrant against?
Q. Did you express a doubt of the person that had robbed you?
Q. When did you see Sir John?
Nichols. Upon Monday morning.
Q. Had you a warrant then?
Nichols. I will not be positive; the prisoner was taken up on Sunday night.
Q. Did Sir John grant a warrant?
Nichols. He was brought before Sir John from prison before we came there; the constable went to the prison for him, but he had been gone some time.
Q. Was you examined before Sir John?
Nichols. Yes; a little, not much; he asked me but a few questions; what he asked me I answered. He asked me what reasons I had to think that was the man; I said, by his cloaths, his shape, and his voice: he was discharged.
Q. Why was he discharged.
Nichols. The justice only asked me this; Was you in the room alone when you saw the man. I said, no; I had only a young woman in the bed with me, there she is, she was never called. I thought she would have been called; then he said to the man, What have you got to say for yourself? his landlord and landlady both swore (I think it was nine o'clock they swore to) that he was in from nine o'clock on Saturday night, till a quarter after seven next morning.
Q. Did any body else?
Nichols. Only these two; the justice said, Who locks your door; the man said, He locked it himself: the justice said, Who keeps the key; he said, I take it into my own room, and hang it at the foot of my bed every night, I always do it; the justice thought a little while, and said he could not do any thing.
Q. Was you there again?
Q. How long was it before you was before Sir John again?
Nichols. I think he was taken up on Wednesday. Yesterday week; I think so, I will not be positive; I went to Sir John again.
Q. How came he to be committed the second time and not the first?
Nichols. I told him I thought for want of knowledge, and my being so very ignorant and no witnesses called; that I had been counselled to take him up again for the same fact; he said, Then I hope you will sware positive to him. I said, I did that before; he said, No, you did not sware positive to him before.
Q. You only swore to his stature, his coat and voice?
Nichols. I swore positively according to my knowledge, and the understanding I had of his person.
Q. You said, among other expressions, his countenance.
Nichols. No; his coat. I said, stature, voice and cloaths.
Q. From the out-set of it, whether at the time you saw him in the room you knew his person?
Q. Then he was committed?
Q. You say the prisoner came to your house on Tuesday before Christmas day?
Q. Frequently came to your house?
Nichols. Yes, as a customer.
Q. And sit and sleep there?
Nichols. Not in common, not to my knowledge.
Q. You desired him to go out?
Nichols. Not I, the maid did.
Q. He refused to go out?
Q. Had he ever refused to go out before?
Q. Was he upon the footing of intimacy with you?
Nichols. I never liked him, I was always afraid of him.
Q. Had you been afraid of him before this time?
Nichols. He always put a dump upon my spirits, he swore so bitterly.
Q. All your conversation was about buying of things?
Q. Sitting there to sleep knocked like a visitor?
Nichols. I did not like him at all.
Q. You say the feet curtains were open?
Q. Did you first see him at the feet?
Nichols. Yes, he peeped in.
Q. What did he say?
Nichols. He did not say any thing, but turned towards the drawers, he was sorting things over in the drawers.
Q. What were the things?
Nichols. The first thing I heard was the rustling of paper in the little drawer he pulled out.
Q. You said he was sorting things; what did you mean by that?
Nichols. He was picking out the lies I suppose, thieves generally do.
Q. You say he spoke to you?
Nichols. I spoke to him first.
Q. Where was he when he spoke to you?
Nichols. He had turned away from the drawers. I opened the side curtain and looked at him, and said, Very well, sir; then he said, Madam, if you speak another word you are a dead woman immediately. I said I would not speak.
Q. You said you saw him from head to foot?
Nichols. I did.
Q. How far distant from the bed?
Nichols. About so far described, about five foot.
Court. Did you know his voice?
Nichols. I could sware to his voice among a thousand men.
Q. Which way is the head of the bed?
Nichols. Opposite the mantle-piece.
Q. When he passed you, his back was to the lamp?
Nichols. Side-ways, as he peeped in.
Q. You said you should know him by his back?
Nichols. Certainly I should.
Q. Could you sware to him by seeing his back?
Nichols. No, I would not.
Q. Could you know him by his back without seeing his face?
Nichols. Yes, I could know him by his back; I should not chuse to sware to a man that I saw nothing but his back, but I saw his face and heard his voice, which is more evident.
Q. I think you said you should know him by the hanging of his arms; you was terrified I suppose?
Nichols. I was.
Q. In this situation you might be mistaken, as to the person, I should think?
Nichols. I could not be mistaken, I was as sensible as I am now, my room was as light as it could be.
Q. Who was the young woman in bed with you?
Q. Was she asleep at this time?
Nichols. Yes, I waked her when I saw him peep in at the foot of the bed.
Q. Upon your oath, did you or did you not mention his name to the justice's clerk?
Nichols. To be sure I did.
Q. Did you mention his name at that time?
Nichols. I did.
Q. When before Sir John, you swore you say, to his statute, his cloaths and his voice?
Q. Was you not at that time doubtful as to his face?
Nichols. No; but they never asked me any thing about his face.
Q. They asked for what reasons you accused him of the robbery?
Q. What answer did you give?
Nichols. By knowing the man, I said by his stature, his coat and his voice.
Q. You mentioned nothing about his face?
Nichols. His face was never mentioned to my knowledge.
Q. Was you asked whether you could sware positively.
Nichols. I was not asked the question as I remember.
Q. I understood you, the second time before the justice, the justice said you must sware positive, because you had not before?
Nichols. Yes; he did say so.
Q. You do not recollect that you had not sworn positive before?
Nichols. I thought I had sworn as positive as I could.
Q. You don't remember telling the justice you saw his face?
Q. You say, another witness was present the first time?
Q. Did you tell that to the justice?
Nichols. Yes, I did: the justice said, Was you in the room alone; I said, No; he said, Who was with you; I said, A young woman in bed with me, there she is; they never called her.
Q. This was upon Monday I think?
Nichols. Yes; the day before Christmas day.
Q. How long after was it before you thought of taking him up again?
Nichols. I fancy yesterday was a week.
Council. That was the ninth, then you let him alone above a fortnight; how came you to think of taking him up on Wednesday; What particular reason had you for taking him up at that time?
Nichols. I had not had advice before.
Q. How came you to ask advice?
Nichols. Because I was not satisfied in my mind.
Q. Had nothing happened between the 24th of December and the 9th of January? Had you received any letter from the prisoner?
Nichols. I received a letter from an attorney.
Q. When did you receive it?
Nichols. A day or two before I took him up the second time.
Court. Have you that letter?
Council for the Crown. I have a copy of it.
Q. Who did you go to after you received this letter from the attorney?
Nichols. I went to a friend to ask what was best to do. I went to ask Mr. Madan's advice the second time I had him before the justice of peace.
Q. How did you swear to him?
Nichols. Just as the justice of peace ordered me.
Q. Tell the jury what he ordered you.
Nichols. He said I had not sworn positively before; now I must swear positively.
Nichols. I told him positively, that was the man.
Q. Did you give any reasons?
Nichols. He did not ask me any particulars, as I remember.
Nichols. I cannot say I know; I said I would swear positively. He said I did not swear positively before; I thought I had.
Q. At the first time could you swear positively?
Nichols. If I had been asked, I would; that question was not put to me.
Q. Was you asked by the justice if you could swear to the man?
Nichols. I really don't know.
Q. Do you remember your declaring that you could not swear positively to him the first time?
Q. Did you say you could not swear to him?
Q. Did you express any doubt about him?
Nichols. No, I swore to his stature, his cloaths and voice.
Q. Was you asked whether you could undertake to say he was the man that robbed you?
Nichols. I might be asked that.
Q. Can you tell what answer you made to that?
Nichols. I cannot recollect?
Court. It seems natural to me that when you said to the justice of peace you swore to the stature, voice and cloaths of the man, did the justice then say, can you be positive to the man?
Nichols. I don't know. If I heard it, I did not understand it?
Q. What sort of cloaths had he on?
Nichols. It was a coat without a cape, something of a darkish colour.
Q. Had you ever seen him in that coat before?
Nichols. Yes, many times.
Q. After you had received this letter whether you did not say, Let him take care of himself, I may hang him yet if necessary?
Nichols. I did not.
Q. Nor words to that effect?
Nichols. I did not.
Q. Was you not angry when you received that letter?
Nichols. I could not receive it with joy.
Q. What did you say in the first transport of your resentment?
Nichols. The boy brought the letter. I said, I believe you have made a rod for your own back-side; but I said nothing about hanging him.
Q. You have been robbed three times, I think?
Q. Did you never say you received collections made for you every time?
Nichols. I never had any collection made for me in my life.
Q. Did you ever say you had collections made for you at Mr. Whitefields or Mr. Wesleys?
Nichols. No, I never had, nor never said so.
Q. When you went to Mr. Madan's, was it before or after receiving the letter?
Q. Did you never say you had lost a hundred pound on these occasions?
Q. Nor to the value of a hundred pound?
Nichols. No, not forty, nor thirty.
Council for the Crown. You said you was not asked the question, if you could positively swear to the man?
Q. If such a question had been put, whether you could swear positively to the man; what would have been your answer?
Q. When you received this letter, who did you go to upon this occasion?
Nichols. I went to Mr. Madan.
Nichols. By Mr. Madan's advice.
Court. How long have you been a widow?
Nichols. A little above five years.
Q. Do you know the prisoner?
Q. He used to frequent your house as a customer?
Sparrow. He had been in four or five times lately since I have been there.
Q. How long did you live at this place before this accident?
Sparrow. About three months.
Q. Do you know his person?
Q. Are you acquainted with his voice?
Q. Did he come several times to your house?
Sparrow. He generally used to ask for small beer.
Q. Do you remember his coming before?
Sparrow. A fortnight, to the best of my remembrance.
Q. Do you remember his being there at any time, and staying when he was desired to go out of the house?
Sparrow. It was the Tuesday before he came into the house.
Q. Upon that day, what did he do or say?
Sparrow. He came in and behaved much like a drunken man: he came boldly into the kitchen, and sat himself down and asked for
Q. Do you remember the time this robbery was committed.
Q. Where did you lie that night?
Sparrow. With my mistress.
Q. Was there another servant in the house?
Q. Did you take notice of the fastening the house?
Q. Was that the case this night?
Q. Are you sure, and able to recollect, that the doors and windows were fastened on this particular night?
Sparrow. Yes; I am very particular: I went round to see all things fastened the last thing I did before I went to bed.
Sparrow. I did not see that.
Q. Do you remember any thing of seeing a watch in your mistress's apartment that night?
Sparrow. Yes; I brought the watch up stairs.
Q. Did you bring up any thing else?
Sparrow. Yes; a bag of money, which I always do every night.
Q. What was that money?
Sparrow. Three shillings in silver and about twenty shillings in half-pence.
Q. Where did you put that money?
Sparrow. Upon the dressing table.
Q. Was there a lamp in the room.
Q. In general?
Sparrow. Yes; there always was.
Q. Where was it placed?
Sparrow. Upon the mantle piece, opposite the bed.
Q. How did your mistress do with regard to her curtains?
Sparrow. The curtains were drawn at the side of the bed; at the foot of the bed they were always left open.
Q. Do you remember any thing of locking the door of the bed chamber that night?
Sparrow. I always used to fasten that door every night, and bolt it; but that night I forgot it, and it was not fastened: my mistress waked me that night between four and five o'clock; as she waked me, I saw a man pass down the side of the bed; I only saw him go by the curtains. As he was a going out, he called aloud, Come along Jack.
Q. Was this after he was out of the room?
Sparrow. It was while he was going out of the room; there were other words passed, but I was not sensibly awake enough to understand what they were.
Q. Words? after he was out of the room, as before?
Sparrow. Words with Mrs. Nichols.
Q. Upon your knowledge of the voice of the man, was it that man's voice?
Sparrow. Positively I can swear to that man's voice. I never heard any man's voice like his in all my life. I could distinguish his voice among ten thousand.
Q. When you got up was the money there?
Q. Did you see the shadow of the man? or the man himself?
Sparrow. The man himself.
Q. Was it at the foot or the side of the bed?
Sparrow. Yes; I saw him at my mistress's side of the curtains; she had opened the curtains before I was awake, she had opened the curtains by that time.
Q. The door he went out of was upon the mistess's side of the curtains?
Sparrow. Yes; the money and watch were gone.
Q. When you went down stairs were other things missing?
Sparrow. Yes, the kitchen was in an uproar, one thing here and another there.
Q. Did you observe the doors?
Q. Was any thing in the yard carried out as you know of?
Sparrow. I did not go into the yard at that time, but I did at day light; the lock was taken off; the screws were put upon a chair; it was unscrewed.
Q. Was any thing missing out of the shop?
Sparrow. Seven canisters in the shop; all the tea took out, and the canisters were put down in the shop.
Q. Was the tea in the shop the night before?
Q. Was there any coffee?
Sparrow. About two pounds of coffee missing.
Q. Did you go up stairs into the room where the other servant lay?
Q. How did you find the window?
Sparrow. When I went up into the room, I saw the window open that used to be fastened with a large nail; the nail was in that night; it was quite doubled: I tried to bring the window down again; I could not do it.
Q. Did you take any notice of the outside of the window?
Sparrow. There was nothing on the outside, as I could perceive; but there was the dirt of a man's foot upon the window curtains and the table.
Q. What sort of a night was it?
Sparrow. It rained very hard in the morning.
Q. What did you observe in the yard next morning?
Sparrow. A chair in the yard by the gate, and a candlestick lay down flat.
Q. Did the candlestick and chair belong to your mistress?
Q. Was there any mark on the chair of a man having been there?
Sparrow. None at all, that I could perceive.
Q. Was you at Sir John Fielding's?
Sparrow. Yes, upon Monday.
Q. Did the justice ask you any questions?
Sparrow. Not one question at all.
Q. Not by the clerk on the justice?
Sparrow. By nobody at all.
Q. Pray, was there any question put to your mistress, whether she could positively swear to the prisoner?
Sparrow. I believe it was so far put to her as to answer to all questions that should be put to you.
Q. Do you recollect if any question was put to her, whether she could positively swear to the prisoner at the bar;
Sparrow. To the best of my knowledge it was not: she said, there is the young woman that lay with me; and nodded her head at me.
Q. What coloured coat did this man use to wear?
Sparrow. A lightish colour.
Q. Had he the same coat on that he had the Tuesday before?
Sparrow. I cannot be particular as to that.
Q. Was it a light or dark colour?
Sparrow. It was a sort of a drab.
Q. What time was you waked in the morning?
Sparrow. Between four and five.
Q. Out of a sound sleep?
Sparrow. I was asleep.
Q. What was the first thing you took notice of when you waked?
Sparrow. Seeing a man in the room.
Q. The first words you took notice of to understand were, Come along Jack?
Q. How near to the door was he when he spoke these words?
Sparrow. Almost close to the door.
Q. Then the only thing you can be certain of, when just waked out of your sleep, is, this man said, Come along Jack?
Q. Did he speak that very loud, or only in a middling voice?
Sparrow. Very loud.
Q. What is there in his voice that you should know it by?
Sparrow. A rough, big voice, very remarkable.
Q. What were the questions put to your mistress?
Sparrow. Justice Fielding asked her, what reasons she had for saying this was the man; she said she could swear to his voice, his stature, and his cloaths.
Sparrow. Yes; I can say the question was not.
Q. Your mistress keeps a chandler's shop?
Q. What rent doth she pay?
Sparrow. I don't know; I never asked her.
Q. Is it a small house?
Q. How many maid servants has she besides you?
Sparrow. Only Mary Brooks.
Q. Does she let any lodgings?
Q. Did she do any thing else for her living besides keeping a chandler's shop?
Q. How came she to prosecute him; was it not from receiving the letter?
Sparrow. She did not know what to do; she went and got advice.
Q. That looks towards the street?
Q. Was there sash of other windows?
Brooks. Sash windows to that one room.
Q. How was it fastened down?
Brooks. With a double ten-penny nail, that went through both sashes.
Q. Can you speak with certainty that this window was down and fastened, the night before this accident happened?
Brooks. Yes; I tried it before I went to bed.
Q. Are you sure you are not mistaken?
Brooks. I am positive of it.
Q. When you was call'd in the morning, how was the window?
Q. Was you waked by any noise in the night?
Brooks. No; I was not.
Q. Was either of the panes of the window broke?
Brooks. No; the nail was bent double almost; the nail was fastened in the wood; It was shoved out of the hole next the street, but not out of the other in pushing it up; it was fastened to the wood-work of another pane.
Q. Was the sash apt to fall of itself?
Brooks. Yes; for we used to stick a piece of wood in it, in order to keep it up when we wanted it in the day time.
Q. What are you?
Brooks. I am a servant to Mrs. Nichols.
Q. What family has she?
Brooks. Only herself, the other young woman, and I. I have lived half a year with her the 24th of this month; the other about a quarter of a year.
Q. What other maid had she when you went?
Brooks. Never a one.
Q. She took another servant?
Brooks. She had a sister alive; the sister was ill, and died after I was there; so she had another young woman come to live with her; in the morning the sash was up, and the nail fastened in the middle of the next pane.
Q. Was there any glass broke?
Q. Were there any marks upon the window-frames of being forced?
Brooks. I can't say there were.
Q. How long did you live at this house?
Brooks. Half a year.
Q. Had you seen the prisoner at the house before?
Brooks. Yes; very frequently.
Q. Did you sleep all night found?
Brooks. Exceeding found.
Q. Did you observe any mark upon the window or table in the morning?
Brooks. There was mud upon the curtain and upon the table, like the scraping of mud of a foot.
Q. How soon was you alarmed in the morning?
Brooks. About five or six o'clock.
Q. Did you sleep found in the night?
Q. How was this man generally dress?
Brooks. In a dark drab colour.
Q. What sort of voice has he?
Brooks. A very strong big voice.
Q. Suppose you had heard him speak?
Brooks. If I had heard him speak I could have sworn to the man.
Q. Do you know the prisoner?
Carter. Yes, very well.
Q. Do you remember some disturbance about the robbery of Mrs. Nichols?
Q. Had you any conversation with him about it?
Carter. I heard the prisoner was taken up for robbing of Mrs. Nichols, I heard again that he was set at liberty; the first time I ever saw him he came with two empty pails into Mr. Feast's brewhouse for two pails of grains. I went to him; and said, You had like to have been in a hobble; he said again, So I had, but I got clear of it; he said, she swore to my stature, my cloaths and my voice, but she could not swear to my face, but I had no more upon my face then than I have now.
I leave it to my council.
For the Prisoner.
Q. How many rooms is there on a floor?
Cripple. Two, the prisoner has one and I have the other.
Q. Which room do you live in?
Cripple. The iront, and the prisoner in the back room, he has a wife and two children.
Q. When did he come home?
Cripple. On Saturday the twenty-second of December I heard him come home about eight or nine o'clock; and about half an hour after nine, as near as I can guess; I heard him in bed.
Q. Did you see him?
Cripple. No. but I heard him; and our partition is so thin, that we can hear each other speak. I heard him speak to his wife in bed.
Q. Is his voice remarkable at all?
Cripple. Yes, I could swear to his voice among twenty.
Q. What was there particular in his voice?
Cripple. An impediment in his speech, he speaks inwardly gruff.
Q. What time did you hear him come in?
Cripple. Between eight and nine.
Q. Did you hear any conversation; who let him in?
Cripple. His wife I suppose; I heard him go into the room. I heard him laughing and talking to one of his children. I went to bed about eleven.
Q. Do you know any thing of his going out in the morning?
Cripple. I heard his child cry about a quarter after four; his wife had laid in but fifteen weeks; one of the children was ill, that waked the other, and their crying waked me. I lay awake from that time till six o'clock.
Q. How long did he talk to his wife?
Cripple. Continually till five.
Q. Did you hear him after five?
Cripple. No. He got up about half after seven, and went out; I did not see him, but I heard him speak, and his wife said, My dear shut the street door after you: the landlord always shuts up the street door, and takes the key up stairs.
Q. How far is Windmill-Hill from this house?
Cripple. I live in Featherstone-street, it is about half a quarter of a mile.
Q. How long have you lived at this house?
Cripple. Twenty-two months.
Q. Do you mean to say that the landlord constantly shuts the house up that you can't get out?
Cripple. Every night.
Q. Suppose the door was to be shut in the day time, is there not a spring lock?
Cripple. Yes - he always calls up of a night to know if every body is within.
Q. You are sure he locks the door always?
Cripple. I have found it so.
Q. Have you, upon your oath?
Cripple. Yes, once.
Q. Have you not found it upon the latch?
Q. Have not you found it so more than once, twice, or thrice?
Cripple. They are generally up the first in the morning.
Q. But have not you found it upon the single catch?
Q. Is there a window that looks into the yard which communicates pretty near the wall?
Cripple. Yes, the stair-case window.
Q. Is there any difficulty to get out at that window?
Cripple. Some difficulty, because there is no way to keep the window from falling down when you push it up?
Q. You suppose he was in bed from half after nine till the morning.
Q. Did you ever know the prisoner before
Cripple. I don't know what business he had; I don't remember his doing so any other Sunday.
Q. From five till a quarter after seven did you hear him say any one thing?
Cripple. I did not.
Q. Did you hear the watch go five or half after five?
Q. Perhaps you heard the watch go six?
Council for the prisoner. You say you heard nothing of the prisoner after five; if he had gone out you must have heard him?
Cripple. Yes, it was not possible for him to get out of his room without my hearing him.
Catharine Cripple . I am wife to Thomas Cripple . I heard the prisoner come home that evening about eight o'clock. I heard him all night. I had been restless all the week, and I sat up till one o'clock in order to tire myself.
Q. How did you hear him?
Cripple. He is a very troublesome man in his sleep, he snores and groans very much; the children were both very cross about four or five o'clock, which waked my husband. I heard him talk to his wife for about half an hour; I heard him get up about a quarter after seven.
Q. If he had got up at the time the children cried must you not have heard him?
Cripple. Yes, it is so thin a wainscott.
Q. Who keeps the key of the street door?
Cripple. Mr. Bonny, the landlord; he takes it up into his bed-chamber, and if we want to go out in the morning before he is up we ask for the key.
Q. Is this a spring lock?
Q. Did you hear the prisoner speak to his wife after five o'clock.
Cripple. No, I only heard him snore and groan.
Court. Did you ever before lay so restless for the whole night?
Cripple. Yes, almost throughout the whole week together.
Cripple. I believe I did.
Cripple. No, he was talking about the children I suppose.
William Bonney . I keep the house where the prisoner lodged, he came home that night about eight o'clock; I saw him go up into his room, I did not see him till a quarter past seven next morning going out.
Q. Where do you lie?
Bonney. Upon the ground floor even with the shop. I heard him about four, or some time after four, talking to his wife; my wife and I were waked by the children's crying; it was almost seven before we went to sleep. I lay in the room under him. I always lock the door, and keep the key in my own room.
Q. How is the street door fastened?
Bonney. With two large bolts and a spring lock.
Q. If your lodgers want to get out how do they do?
Bonney. They can open the door, we don't double lock it.
Q. Do you never double lock it?
Q. How was it that night?
Bonney. I can't tell, my bed is within two yards of the stairs.
Q. Might not a person in the night unbolt the door and let himself out?
Bonney. They could let themselves out; it is impossible but I must have heard them.
Q. Who went out first that morning?
Bonney. The prisoner.
Council. Then it is plain he could get out without the key. What time does he generally go out on a Sunday morning?
Bonney. I never took particular notice.
Q. You did not observe his being at home by his snoring, but by his talking?
Bonney. I believe he did not snore after twelve o'clock.
Q. Is Cripple's room nearer the prisoner's than yours?
Bonney. I lay in the room under the prisoner, they lay in the next room.
Q. Did you hear him snore or groan at five or six in the morning?
Bonney. Not to the best of my remembrance I was just got up when he came down stairs.
Q. You would have heard him if he had snored or groaned?
- Bonney. I am wife to the last witness. The prisoner came home that night about eight o'clock; I went to bed at a quarter past twelve o'clock, we heard him all the evening; about a quarter past four the child cried, which waked me and my husband; I heard him talk from five till between six and seven; it was past seven before he got out of bed.
Q. If any body had unbolted the door could you have heard them?
John Ridgeway . I was at Sir John Fielding's when Mrs. Nichols was examined the prisoner's brother called upon me and desired me to go down to Sir John's. She said it was about four or between four and five on Sunday morning, and that a man came into her bed chamber, that the curtains were drawn, she raised herself up in the bed, and said, Who is there? or something to that purport; that the man d - d her and told her to lie down, or she was a dead woman. Sir John asked her how she came to suspect the prisoner? she said, there was a lamp burning in her chamber, and by that glimmering light she looked upon him to be the man; she said she did not see his face; the justice then asked her what was the grounds of her suspicion? she said, from his size; the colour of his coat, and his voice; and that she heard him say, D - n you, come along Jack, as he went out of the room. She said a woman was in bed with her; Sir John said, Has she any thing more to say than you have said; I think she intimated, No; or that she was asleep. The justice was very minute as to the circumstance of his face; she said she could not distinguish it.
Q. Do you remember the word Glimmering? Ten witnesses have been examined, and not one witness has made use of it.
Ridgeway. I will not be certain to the word. What strock Sir John, was the man's character, and the defence. He thought, she was mistaken in the man.
Q. Did you hear Bonney say that he double-lock'd the door that night?
Ridgeway. I will not say double lock'd.
Daniel Stoneaker . I have known him some years. He is a servant to his brother. I have entrusted him with several sums of money to buy horses with in the country; he always brought me a faithful account.
William Waring . I am his brother. He has been my head servant many years. He buys and sells a great deal for me. I have trusted him very much. For these sixteen or eighteen years he never wanted money.
Q. What is his place worth?
Waring. I suppose more than 50 l. a year.
- Waring. I am also his brother. He served me fourteen or fifteen years as head servant. He always behaved very honestly.
60, 61. (M.) James Jackson and Martin M'Guire were indicted for breaking and entering the dwelling-house of William Mould , on the twenty-ninth of December , about the hour of two in the night, and stealing a copper furnace, a copper cistern, a copper cover, a brass cover, and a copper tea-kettle, the property of the said William Mould , in his dwelling-house . *
William Mould . The twenty-ninth of last month my house was broke open; it was fastened by myself the night before; they broke open the kitchen in at the window. I fastened the window at twelve o'clock; the next morning, about half after seven, I got up; I had no sleep in the night. My wife and I
James Pomroy . I took Jackson the Thursday night following the robbery. He owned that he broke open Mr. Mould's house. He was in liquor when I took him. He said it was him and M'Guire. He was sober next morning: I asked him where he had sold the things; he told us. Mr. Warren and I went with him to the place. We found these goods; they were owned by the prosecutor. I said it was proper the buyer should be taken into custody. He was taken, and put into the Round-house. Jackson said he would go and shew us where M'Guire lodged. He said M'Guire was the person who sold the things. We took M'Guire in Bridge-street, Hyde Park Corner. He was in bed. We brought him to Mr. Welch's. M'Guire did not say any thing.
John Inquant . I bought these goods of M'Guire. It was on Monday; I know not the day of the month. I gave him twenty shillings and two-pence for them. I asked how he came by them; he said they were his own property.
Mr. Mould again. I heard no noise in the house in the night. It was day-light when I came down stairs.
I was coming up St. Giles's, and I met this M'Guire. I asked him to take a part of a pint of beer at Mr. Mould's, and then we went into the kitchen. While we were drinking the last pint, M'Guire got up to make water, and took the pin out of the window. Mrs. Mould came out; she would not let us stay any longer. We went to another house, and staid till two o'clock. Coming back from that house, M'Guire went back, and got into this house, and took all these things. He went and hid them. I went to an alehouse to have a pint of beer, and some bread and cheese. We went there, and staid till it was late. About six o'clock he gave me the copper, and sent me with it to Mr. Inquant.
M'Guire. What he says is very false. I never went into the house. I have some witnesses at the door. They were called, but none appeared.
Both guilty of Felony only . T
Mary Crofts . I lost four guineas out of my box the twenty-first day of last month, at the White Horse at Uxbridge ; my box is in the room where I lie; I keep my box locked; I saw the money in my box the day before; the money was in a purse; this prisoner lived as kitchen maid ; I was chamber maid ; I used to lie with her, but my mistress was ill and she did not lie with me at this time. I did not know of any one else being in the room: she laid in the same room. I went and told my money, and there was that wanting: when I went to count my money, I am not certain whether the box was lock'd: I know the lock was not broke; I had the key in my pocket. My master and I took her into a room, and talked to her; then we sent for the justice; at last she owned that she would tell the cook where it was: the justice came:
Ann Lacey . I lived at the White Horse as cook, the justice ordered me to strip her. I pressed her to tell me where the money was when I went into the room to her. She said she would tell me presently. She asked me to lend her three pounds three shillings to make it up. I told her I had no money in my pocket, I went to the cellar head, and the justice of peace took it from me: I saw three guineas, but I don't know what there was more; she had lived at our house half a year: she was under me; she always behaved very well before this time.
I never was before any gentleman in my life before; I know not what to say; I am but eighteen years old.
Guilty of stealing only . T .
Jeremiah Gill . I am a porter to a factor; the prisoner took this money out of my pocket the third of this month; she was in the street just below Charing Cross ; it was about twelve or one o'clock at night; I was in liquor, and I went into the house with her, I don't know what house it was; it was below Charing Cross; she asked me to give her something to drink; there was no other company; we were in a separate room together; we were together about an hour; when I went into the room I had the money in my pocket; when I came into the house, I felt in my pocket for money to pay for six pennyworth of rum and water; my money was all in one pocket: I missed the money before I came out of the room; she was in the room. I had some suspicion of her, and then felt, and all my money was gone. I said, You have got my money; she said, she had not; the landlady came in and searched her, and could find none; I charged the watch with her, and she went to the round house; we went before Justice Kynaston the next day; he examined her and committed her: she said there, she had not got it.
George Turner . I live at Waumster ; I lost a black mare the seventh of November last, she was in my stable; I lent the mare to this young man; he took her and sold her about six miles off; he desired he might have the mare to ride to see his father, and he would return the next day at two o'clock: I had known him some time, about nine or ten weeks; he was born at Hatchbury; I heard he was in Bridewell; I heard this of Mr. Waunt. He sold the mare to a livery-stable-keeper, Mr. Featherstone: I have seen the mare since; it was about two weeks after I lost the mare that I came up to town; I saw her at Mr. Featherstone's the day I came to town; Mr. Featherstone's hostler showed me the mare; the value of the mare was nine guineas. I never had any conversation with them before about it.
Prisoner. Did not you offer to make it up with me for ten guineas?
Prosecutor. I did not.
Q. From the prisoner. What passed between you and him about the mare at the Angel inn at Waumster.
Prosecutor. I told him I would not sell her: I would not without I had ten guineas.
Prisoner. He said he would sell it for ten guineas. I told him I was going a journey, and wanted a horse. The prosecutor was with one Samuel Mant , a publican; he was the man to appear before Sir John Fielding , and conduct the prosecution; so that I should be hanged.
Prosecutor. I never saw Mant.
Samuel Featherstone . I keep a livery stable at the Star near Charing Cross, I never knew the prisoner, before the third of November; he came to put the mare up at my stable, and said, I might sell her. I am sure that is the man, I bought the mare of him for two guineas and an half, that is as much as she was worth. I would not have given another guinea for her; he told me his father gave him the mare; the mare was claimed about three weeks after by the prosecutor.
Thomas Ershine , otherwise Hamilton , was indicted for stealing one gold ring set with brilliant diamonds, value 22 l. and one silver hair pin set with brilliant diamonds, value, 12 l. the property of William Nodes , December 10 .
William Nodes . I keep a goldsmith's and jewellers shop in New Bond-street . On Monday the tenth of December, the prisoner sent a message to my shop by the name of Capt. Hamilton, to desire me to wait upon him at his lodgings with some diamond rings and pins. I went to his lodgings and took some with; me this was about ten in the morning, he approved of a silver pin with brilliant diamonds; I told him I could shew him some diamond rings in the afternoon; he said he had thirty guineas to lay out for a lady; I went again in the afternoon, between five and six o'clock; he then fixed upon a diamond ring; then he bid me sit down and make a bill and receipt. He called for paper, I sat down to make it, I laid the ring and pin down upon the table I was writing upon; he walked up and down the room, and he took them from the table imperceptibly; he had a couteauon, and I think boots; he walked out of the room, I thought to bring me the money; I sat three or four minutes wondering he did not come in; I looked for the ring and pin, and they were gone.
Q. I understood you that he said he had but thirty guineas to lay out?
Nodes. He said he would make up the difference for the lady. I went to Great Russel-street, Bloomsbury, where he said Mrs. M'Kensie lived, that he knew; but could not find such a person; then I went to Sir John Fielding 's, there I found the prisoner already in custody; I believe the whole transaction was within an hour.
John Bland . I am a pawnbroker; on the tenth of December, the prisoner brought me this diamond ring and pin, and offered to pawn them; he offered to pawn the diamond pin for six guineas; he said, he gave twelve guineas for it in Paris; I said it was too much; he said, If you dispute my honour, I will leave this ring, and produced the diamond ring; I asked what he gave for that; he said, he gave sorry guineas in Paris; I told him it was customary to have such things valued by silversmiths; he said, we had better offer them to pledge; I agreed to that, and proposed to go to a pawnbroker's in Carnaby-street; that pawnbroker was not at home, then I took him to Mr. Hill, I got the pin and ring from him, and then I had him secured, and we took him before Sir John Fielding .
(The diamond ring and pin produced in court, and deposed to by the prosecutor.)
I did not know of my trial coming on till I was called down; I did not intend to defraud him:
Guilty T .
67. (M.) MAaxamilian Miller was indicted for stealing two linen shirts, value 6 s. one linen shirt, value 1 s. one muslin apron, value 1 s. five linen caps, value 2 s. one linen handkerchief, value 1 s. and one wicker basket, value 6 d. the property of Mary Street , spinster , December 21 . +
Mary Street. I am a washer-woman , and live at No. 2, in the New Way, Westminster ; the prisoner was a neighbour. On the Friday before Christmas day, I went up stairs for about ten minutes, and locked the door; when I came down stairs again, I found my window open and the basket gone containing the things mentioned in the indictment, and a great many more: the things were found at the prisoner's house: I had observed several people that lodged at the prisoner's loitering about my window before; I went to Sir John Fielding 's, and Mr. Noakes and Mr. Taylor, two of Sir John's people went directly to Miller's. The basket and the things in it were found in the cock-soft. I saw one of the shifts hanging upon the stairs.
William Taylor . I went with Mr. Noakes to search the prisoner's house; I saw the prisoner and his wife standing by the fire; I told him I was come to search his house for some goods that were suspected to be there; he said, He knew nothing about it: I went up stairs, and upon the two pair of stairs was a shift which the prosecutrix claimed. I went up a ladder into a place that Miller called his work-shop; there I found the basket containing the things mentioned in the indictment.
The prisoner called several witnesses to his character, none of whom had known him lately.
Guilty . T .
See him tried for stealing a silver watch, No. 113, in Mr. Alderman Harley's mayoralty.
Samuel Lee . I am a constable. I have known the prisoner a great while. I saw him at Mr. Morris's, at the gun in St. John's Street; Mr. Morris brought in a saddle, and asked the company what it was worth. On the Saturday morning following. Mr. Morris came to me, and told me, he wanted to take up the prisoner;
- Dewett: I saw Mr. Morris buy this saddle of the prisoner; I asked the prisoner how he came by it; he said he had bought it of a man that had sold his horse. Mr. Morris gave him twelve and six-pence. He said he got but sixpence by it. I saw the saddle advertised. I went and told Mr. Morris of it.
[Produced in Court and deposed to by Jackson to be his master's property.]
I had made a pair of shoes, and mended some shoes for a man that lives beyond Highgate. I went to him for my money, and received half a guinea. In coming back, I met a man in a blue coat and red waistcoat. He offered to sell me this saddle and bridle. Mr. Morris had spoke to me about a fortnight before to buy him a good second hand bridle, if I had an opportunity.
Court. Why is not Morris here?
Lee. He is very ill. I heard him say he had desired the prisoner to buy him a second hand saddle.
Q. Was the old lord dead then or not?
Normond. I think he was.
Q. Where did your young lord live?
Normond. In Portland Square . I missed them on the 22d of December. They were left in the butler's pantry. As soon as I missed them I enquired of my fellow servant where he put them. I searched, and found they were stolen. I went and acquainted his Lordship of it; and asked his Lordship to let me go to Sir John Fielding . He desired I would not. He said it was our own carelessness, and desired we would take better care for the future. About ten o'clock the nozles were brought to the house by Mr. Noakes, the constable: he found out who the plate belonged to by the crest. I saw the candlesticks on Wednesday; they were very much disfigured, the quantity of the place was equal to about one of the candlesticks, The crest on the nozle is very plain, and not disfigured; I know nothing of the prisoners.
Elizabeth Mitchel . Last Friday was three weeks the prisoners came up to the room where I live, and James Miller with them. I am housekeeper to Mr. Gardiner, a cabinet-maker in St. Ann's Lane. Walker and Able lodged in our garret three or four weeks before that. They said, they had got some wedge. I said what, he said it was French plate. Walker said, I have something under my arm I don't know what it is. When he laid it on the table, it was covered with wet buy. He asked me, if I would buy it; I told him, it was not in my power. They said they would be much obliged to me to sell it for them. I said, I did not know where in sell it. I said, I would go to a silversmith at the corner of the Park, that I had bought several things of, and ask him to buy it. I carried, it to Mr. Trip's; I told him, it was a young man that had but little acquaintance that sent me with it. He stopt it, and would not let me have it. I went to John Gardiner . He was at work at his father's house in the ambury, and we went both to Mr. Trip's together to know what I should do about it, to get myself out of the scrape. I went to Sir John Fielding . I met Mr. Noakes, and told him of it. I knew Mr. Noakes before, I gave him information of the prisoners, Thomas Able and Thomas Walker , where I
Job Trip. I am a silversmith at the corner of King-street, by the Park. I know the young woman last examined; she has been several times at my shop to buy odd things, spoons, &c. I don't know where she lives. She never did any thing that I know of bad before this. She brought a candlestick to sell about the twenty-fourth of December last; the crest was almost split in two in the middle (the candlestick produced, broke in three pieces.) I told her it was stole, and I should stop it; and said if I did not know you, I would stop you as well as the plate. She said, a young man had given it her to sell. She did not tell me his name. She said, she knew him well, and he should be taken. I let her go, and shops the candlestick; she returned in about twenty minutes. Mr. Gardiner came with her. She wanted my advice, as they thought they were got into trouble. It was thought this Mr. Gardiner lived with this woman. I told them, if they knew the people, it was best to go to Sir John Fielding 's, and have them taken up immediately, and I would send my man with them. She said, she was afraid they would hang the man. I told them I could not part with the plate till somebody was brought to justice. I was before Sir John Fielding , and he bound me over to appear and give evidence.
- Gardiner. I am a cabinet-maker. This Elizabeth Mitchell is my house-keeper. I let part of my house out. I let the garrets to working people. The prisoners lodged with me about three weeks. She was not acquainted with them no farther than receiving the money, &c. for their room. I was not there when they brought the candlesticks. She told me what had happened about these things. I went with her to Mr. Trip's, to ask his advice. I know no more of the matter.
John Noakes . I am a constable. The first I heard of it was the Friday before Christmas day. This woman and Gardiner came to Bow-street, and said, they wanted to speak to me. They told me, they had stopt some things, but Gardiner said, he would not tell me any thing about it, unless the woman was admitted an evidence. I took them to Sir John, and told him, I believed these people had stopt something, and they were the candlesticks. Sir John Fielding desired her to come into the office, I asked her where the remainder was. They stopped Mr. Gardiner in the office. The woman said, she would go and shew me where the remainder was. She took me to the New Way, Westminster, at an old cobler's, up stairs; some of Sir John Fielding 's men were with them. When I came into the room, the woman said, Where is what I left? The old man said, where you put it, there it is; you have no business to bring your things here; she told me, to look under a rabbit hutch. There I found this candlestick and the nozle under some hay. The woman told me they had stopped the persons they had it us. She took me down to shew me where the two prisoners were; at one James Martin 's; they were gone, they were brought by some other people. These candlesticks were not advertised. I carried them to my lord, on Sunday morning. I found by an engraver whose arms they were. She told me the names of the prisoners when she went with me to take them. I have searched the house several times before.
I lodged in Mr. Gardiner's house. I always paid the lodging every morning. I paid my last night's lodging when I was going into the room. I saw Mr. Martin with two candlesticks. I went in and paid my night's lodging. I lodged there that same week; this was a little before Christmas. This woman has done this that she might get the reward. She said, if we were cast, she would send somebody to take us from the gallows, and pay the money for burying us.
I lodged in the house. I went down to pay my lodgings, and saw James Martin with a bundle under his arm. She bragged in Tothill-fields prison what she would do if she could cast us. Mitchell passes for Gardiner's wife.
Both Guilty T .
71. (L.) Thomas Edwards was indicted for stealing one mahogany tea chest, with three in canisters, value 13 s. one mahogany tea chest with three wooden canisters, value 40 s. nine looking glasses in mahogany frames, value 6 s.George Seddon , in his dwelling house , December the twenty-seventh . ++
George Seddon . I live in Aldersgate-street . I lost a tea-chest out of the shop a fortnight before Christmas; I got a bill printed, and two chests were found at a pawnbroker's in Bishops-gate-street; one of my men told me he saw the prisoner with a glass under his arm, so I sent my clerk to the broker's in Moorfields, where I found seven of my glasses; the prisoner had worked journey-work for me ever since August.
John Carr. I am a pawnbroker in Bishops-gate-street; on the thirteenth of December, about six in the evening, I took in a plain mahogany ogee tea chest, with tin canisters, in the name of Thomas Johnson ; I think I took it in from the prisoner, it was such a size man. On the twenty-seventh, that day fortnight, about six in the evening, I took in a mahogany inlaid chest, with wood canisters, in the name of James Thornton ; after he was gone out I mistrusted he was the same person I had seen before. On the twenty-ninth Mr. Seddon's man came with a hand bill; I saw the chests described; I sent the boy up stairs and brought them down to the man; he looked at them, and said, they were his master's; one of the clerks came and owned the chest; I described the man; Mr. Seddon desired me to go among his men on the next morning, and see if I saw the man; I went, but did not see him there; I heard no more of it till he was taken up. I believe him to be the man. I am not positive.
Q. to Mr. Seddon. Was he there when this man looked over the men?
Seddon. No. (The chest produced and deposed to by the prosecutor.)
Q. to Mr. Seddon. What do you know the chest by?
Seddon. From the work.
- Russel. I keep an upholstery and cabinet warehouse in Moorfields, in partnership with two other people; I have got three looking glasses, two of them were bought when I was out of the way by my partners; one of them I bought the tenth of November, or thereabouts; I bid him money for it, he would not take it; he went away, in two minutes he came back and took the money. I have known him five or six years; I have bought goods of him; having bought this glass. Mr. Seddon's man came one day, and afted if we had bought any tea chests of one Edwards; my partner said not; I thought the glasses might he stole; I went to Mr. Seddon's, and shewed him the glass, one of the clerks went up in the shop, and the man acknowledged the work to be theirs.
Mr. Seddon. I know this to be mine.
- Hitchcock. I keep an upholstery and cabinet warehouse in Moorfields; I bought three of these glasses; I bought one glass and two frames; I have known him five years; he was a master cabinet maker in Baldwin's Gardens, and kept men; I bought goods of him then, and have ever since.
- Cloak. I am an upholsterer and cabinet maker; I live in Moorfields; I have two glasses I bought of the prisoner the beginning of December; I bought four in all, two of which I have sold; I have known him these five years; I bought goods of him at various times.
- Abbott. I am a workman under Mr. Seddon, Mr. Russell came into the shop and brought a looking glass, and the clerk accompanied him, and asked me if I had got the back of it; there were particular marks in it that I knew it to be my own workmanship; and several afterwards were so done.
Jonathan Fall . I am an upholsterer, and live in St. Paul's Church-yard; I bought a small desert knife case of the prisoner in November; I did not know him; he came recommended to me by a workman of mine; I can't positively swear to the man; but the man that brought him to me has worked for me a considerable time.
(The several articles were produced by the witnesses, and deposed to by the prosecutor.)
I shall leave my defence to my council, but please to hear me a word or two in my defence upon this point. The goods which are now attempted to be proved to be the property of Mr. Seddon, are my own manufacturing. I lived six years ago in Baldwin's Gardens, Gray's Inn Lane. I went to an auction at Crayden, in Surry, and bought the glasses, and other goods to the value of 25 l. odd
Court to Mr. Seddon. Did you not say this was your own writing upon the cover?
Mr. Fall. There was the same mark upon the case as there is upon the cover. I put my mark over it.
Prisoner. I trust to the rest of my defence my learned council will clear me.
For the Prisoner.
Q. From the Jury. You are a cabinet maker; can you swear to a piece of work if you see it again, after you make it?
Browner. I commonly stamp my name upon my work, I don't know it else. I could have sworne to it if I had made it.
John Hall. I have known him six years a very honest man; he rented a house of me two
Q. Have you known him the last six months back?
Hall. I have known him till within this four months past.
For the Prosecution.
James Holes . I made the frames of the glasses; looking at them I know them, both by the quality of the wood, and the workmanship. I made twenty four of these. I have looked over them all that are here; they are all my own making.
- Goadby. I am journey man to Mr. Seddon. I made this tea chest.
Guilty 39 s. T .
72. (L.) Higham Jacobs was indicted for stealing three paper books bound in parchment, value 6 s. three leather pocket books, value 6 s. one printed dictionary bound in leather, value 2 s. one printed book intitled, the Court Miscellany, for the year 1767, value 3 s. two printed books intituled, the Medical Works of Dr. Richard Mead , value 4 s. one printed book bound in leather intituled, the Anatomy of the Human Body, value 4 s. and one printed book intituled, Lexicon Physico Medicum, or the New Medicinal Dictionary, value 3 s, and one canvas bag, value 2 d. the property of Nathaniel Kentish .
73. (M.) John Mansell was indicted for stealing one silver watch, value 30 s. one copper watch chain, value 3 d, and one glass seal set in silver, value 6 d. the property of William Rudge , Dec. 24 . ++
William Rudge . I am a blacksmith in Oxford Road; the watch was stolen out of the room where I lodge; it used to hang up in my room; the room was not locked. On the 24th of December, about six o'clock, I missed my watch. I had heard the prisoner had been up my stairs about that time, therefore I suspected him; at last I went to the prisoner's room, which was not locked; searching there, I found under a bunch of paper, this my watch hanging up in the prisoner's room. We took him up before the justice.
- Jefson. Upon the alarm of Rudge having lost his watch, Dalby came to us, and told us where the watch was; that he would shew. us, and he did shew us where it hung, and said, The prisoner put it there. We went for a warrant; while we were gone the prisoner came in and went up stairs; we went up after him to see what he was about. As soon as he came up into the room, the prisoner came in and said, There was a watch, and he had it from a child, and said, she found it upon the stairs.
- Dalby. I was got drunk upon the day before Christmas day. Lying asleep in the tap-room, the prisoner waked me. I found my shoes were gone. The prisoner said, he had taken my shoes up stairs, and wanted me to go up, I said, I would not; the prisoner said, he had something particular to say to me. I went up, the prisoner took from under the foot of one of the beds this watch, and said, he found it upon that other bed, and said, it was the man's who lay in the other bed: I advised him to put it where he found it. He said, he would not, and then hung it up under this bunch of paper. I went to sleep again afterwards. There was an alarm about the watch. I told them the soldier had took the watch. I shewed them where it was.
(The watch produced in court, deposed to by the prosecutor.)
I did not steal it. I was going up stairs. I wanted to get this lad in liquor into bed. Going up stairs, I found the watch. I prevailed upon the lad to go with me. I told him, I had found this watch. Dalby persuaded me to hang it where it hung, and told me, it would be enquired after by and by, and then I might give it the owner. I afterwards hung up the watch, went down stairs, then I heard a watch had been lost. I went up stairs to bring it down again, The people enquiring after it, came up. I told them there was the watch.
Thomas Broomwich was indicted for stealing a hat, value 3 s. the property of John Kedinan , August 12 . ++
75. (M.) Daniel Harris was indicted for stealing a feather-bed, two pillows, two pair of linen sheets, two blankets, a counterpane, a sconce glass in a mahogany frame, eight prints, framed and glazed, two elegies framed and glazed, one wooden chest, three cloth coars, three cloth waistcoats, two pair of cloth breeches, one pair of worsted breeches, six linen shirts, a pair of silk worsted stockings, a pair of leather pomps, a man's hat, two wigs, a pair of silver shoe buckles, a pair of knee buckles, a silver milk pot, six tea spoons, a pair of tea tongs, a silver punch ladle, a silver watch, a brass key, the property of Ebenezer Morgan , in his dwelling house , December 21 . ++
(The witnesses were examined apart at the request of the prisoner.)
Ebenezer Morgan . I live in Lemon-street, Goodman's-fields . I am a cabinet-maker . On December 21, about ten o'clock in the morning, I went out to the other end of the town. I returned again about twelve. I left the prisoner's wife in the parlour. She had an apartment in the yard backwards. Being at my house, he lodged with her; he is a cabinet-maker. He worked for me at the time. The first thing I missed, was a bed and two pictures. I know the bed, the bolster, and pillow, the sheets and counterpane, and two blankets, and two pictures were altogether. They were goods for sale. Then I went into the parlour; there I missed all the pictures, which were six, and a glass. Then I went into the yard backwards, into one of the rooms they lodged in, where my chest was. It was a large chest; there was linen and all my cloaths, four or five coats, as many waistcoats, as many breeches, five or six shirts, some stockings, a pair of sheets; the chest was took away and all the things. The hat, and buckles, and plate, were in a large trunk; my hat and wig, a chest three foot six inches long; my pumps were in the lining of a great coat found upon the prisoner.
Q. Where were the watch, and key, and plate?
Morgan. The plate was locked in a drawer in the shop; the buckles were gone from a room in the yard; they were locked up in the chest; my watch laid upon the mantle piece.
Q. Where did you leave the prisoner and his wife?
Morgan. She was in the parlour when I went out; they were both gone when I came home again.
Q. Why did you think they stole your things?
Morgan. I suspected them. I found them out on the twenty-second; the next day he had conveyed the things on board a ship. He was in Darkhouse Lane, at a public house with his wife, I took them up, and found the things on board a ship; I believe it was the Peggy.
Q. How did you know the things were gone on board a ship?
Morgan. An acquaintance of mine in Rosemary Lane informed me of it.
Q. Where did she lie?
Morgan. Just by the Tower wharf; I went do board her, and found a chest there; the captain went with us, and informed us where the prisoner was; we took them both up, and went to the Mansion-house; we attended at the Mansion-house on the Monday following; then we went to Justice Fielding; he was committed to the New Prison, and his wife acquitted; we found the plate and buckles; we found this hat upon the prisoner, he was wearing it, he had a shirt on too; he had a fair of my cloaths besides, and a pair of stockings; I cannot be sure whether he had the pumps on or not; he had one pair of buckles on, and one knee buckle; he had lost the other.
Q. What was in the chest? was the bed?
Morgan. No, that was done up in a covering, and the bolster and part of the sheets; a pair of sheets were on board the ship.
Q. Where was it you found the sconce glass?
Morgan. On board the ship, the glazed prints were packed loose, I believe there was three or four suits of cloaths in the chest; five or six shirts; a pair of sheets; some stockings; most of the plate was found upon the prisoner's wife; the punch ladle was found upon the prisoner; the rest of the plate the wife had in her pockets.
Q. Had he any claim to these things?
Morgan. None at all.
Q. How long have you known him?
Morgan. I never knew him before he came to me.
Morgan. I had a sort of a recommendation with him from Newcastle.
Q. This ship was going to Newcastle; were the things all yours?
Morgan. The things were all my own.
Q. Did you owe him any money?
Q. Did you ever borrow any money of him?
Morgan. I borrowed two shillings once of his wife.
Q. Did you ever sign any thing to him.
Prisoner. I was out of work. I went to seek a job. I met with this man in Whitechapel. I asked him for a job. Next day he shewed me his shop. He was a new beginner. He said, if I would come to him, I should want for no encouragement. I went the day after, and he would not be easy without I would bring my wife, and live in the house. He said, I should have any thing necessary belonging to the house; I being a stranger in London, thought it a pretty opportunity. I went to work for him, my wife laid all her things in pawn to find us in victuals, in the mean time. I worked for him six weeks, and never received a farthing from him during the time; I asked him several times for six pence or a shilling; he never would give it me, to get her any thing to nourish her. He went one day to buy some wood to set me to work. There were some deals and seneers. He said, if I would fetch them seneers out of the yard, he would give me a guinea: he said, they would never be missed. He said, I should want for nothing, if I would fetch them. I would not. He said, I should repent it. I did not know how to get my money. He said, he would leave my wife and I in the house while he went into the country. He said, if he could get a place in the country, I might sell the goods, and pay him the money. I bought these things, the bed and bedstead, six chairs and the pictures. I agreed to pay him half a guinea a week. He came one day to me, and asked me if I would have a suit of cloaths. He said, he had a new suit a making; that I might go, and if they would fit me, I should have them, and pay him a shilling a week. I went; the cloaths would not fit me; the cloaths were made and brought home; people were sending their bills, and he was upon the shifting order, to go into the country. I thought it proper to move these things; I thought he was going to leave me.
Q. To the prosecutor. How much wages did you owe him at this time?
Ebenezer Morgan . None at all. He had his board in my house. He had bought things of me; he had a suit of cloaths; he worked by the piece, when his jobs were done I was to pay him what every tradesman does. I was not in his debt.
Q. Had you been obliged to abscond about this time for fear of your creditors?
Q. Are you married?
Morgan. No, I am a single man.
Q. In business?
Q. Was he in credit?
Williams. I always looked upon him as such.
Q. You never understood that he was breaking, or any thing of that sort?
Williams. No; he called at my house on the twenty-first of December, and left word, he had been almost ruined by one of his men, and desired I would enquire if this man had taken any place to go to Newcastle. Capt. White came, and told me, his hands had been pressed, that prevented his going sooner. I asked, if he had a man and his wife, with some goods; he said, yes, and described them. I sent Mr. Morgan word, that I believed the goods were on board Capt. White's ship, off the Tower, Mr. Morgan said, There are my goods in the hold. I told Capt. White how the affair was; he said he was to have two guineas for his passage. He took us to Darkhouse lane, where the prisoner and his wife were drinking; Mr. Morgan gave charge of him.
Q. What did the man say for himself?
Williams. In the coach his wife was in sits. We could not ask him any questions there. He said in the coach, Mr. Morgan, if you had used me well, I should not have done so. He was committed to the Compter, and on Monday he was taken before Sir John Fielding . In the Compter some things were found upon him, which Mr. Morgan swore were his.
Morgan. None at all.
He was in my debt. I was afraid his effects would be seized, and I took these things for my own security. He said, he would go into the country for two months.
Morgan. No; he said that he would tell us where the things were, if we would go into the country, and not appear against him.
Q. To the prosecutor. Had he worked six weeks?
Q. How much money had he earn'd in that time?
Morgan. About four pounds; he had had the money out in goods.
Q. What was the value of all the things he took away?
Morgan. Upwards of forty pounds.
For the Prisoner.
Guilty . Death .
76. (M.) Ann Banks , spinster , was indicted for breaking and entering the dwelling house of Rachael Toms , on the tenth of December , about the hour of seven in the night, and stealing a sattin gown, a cotton gown, one cotton frock, one linen shirt, a muslin neck-cloth, a linen night cap, a linen napkin, three pair of worsted stockings, one pair of brown thread stockings, one linen apron, four laced linen caps, two plain linen caps, one linen handkerchief, one quilted petticoat, one tea canister, half in ounce of tea, ten pieces of flowered cotton, eight pieces of flowered linen, six pieces of camblet, two linen pillow cases, and 1 s 6 d in money, numbered; the property of Rachael Toms , in her dwelling house . ++
Rachael Toms . I live in Martin's court, Catherinewheel alley, Whitechapel : I keep a house there, I am a mantua maker , my house was broke open the tenth of December; I had been not at work all day; I came home at night, and asked a lodger up stairs if any body had wanted me; she told me the prisoner had been there for me; I came home between nine and ten at night; she said the prisoner had been up in the two pair of stairs room in my house; one Barnes lives in that room, that is an acquaintance of the prisoner's; I went into my room, and found my place was broke open; the ground floor every thing was stripped off and gone.
Q. Was your room fastened when you went our?
Toms. I fastened it when I went out; I left the shutters up when I went out; as I was going out for all day I did not open them; and the door was locked. I went out about seven; I found the door safe lock'd as I left it; I found the window broke, the iron was almost bent double, and several panes of glass broke.
Q. How were the shutters?
Toms. There was no shutters to that window; that was the back window; it went into the yard; the casement was open; I found my trunk upon the foot of the bed with one of the hinges broke off, and every thing gone out of it; all the things were taken out of that trunk (mentioning them.)
Q. Was there any thing else?
Toms. The petticoat was gone from off the bed, the rest were all out of the trunk; the trunk was not locked. When I found out I was robbed, I cried out to a lodger, I was robbed; she ran down stairs, and said, Oh! it is the prisoner at the bar, she was up stairs to night; I took the prisoner up before the justice; she dropt a bill out of her pocket, by which we found where this blue sattin gown was sold; it was a saleswoman's bill, Mrs. Preston; I taxed her with it; she denied it; I went to this shop, and there I found the gown; the man she lived with came the next day to a neighbour's house in the court, to one of the witnesses, and desired she would come to me; he said, if there was any thing belonging to me in her box, in his room, I should have it, if I went home with him; the woman and I went to the room; it is in Wentworth-street, Whitechapel; we went; he took down a box and opened it; I saw these pieces that are in this bundle; here is about seven or eight pieces of flowered linen; and some pieces, five or six, of white cloth.
Q. How do you know them?
Toms. I bought them.
Q. Did you find any thing else?
Elizabeth Wood . I live in the same court, facing the prosecutrix; the man the prisoner lives with came to my house, and said, If the prosecutrix would go to his house, if there was any thing of hers she should have it.
Q. Do you know that the prisoner lived with this man?
Toms. Yes; I think it was on the tenth I was robbed.
Q. What time in the morning?
Toms. About twelve o'clock; I took her in my own house; she came up to the woman where she was the evening before.
Q. Did you know her?
Preston. I never saw her before; I gave her a bill of my shop.
Q. To the prosecutrix. That gown was lost out of that trunk that day, was it?
Q. When did you wear it before;
Toms. About three weeks before that time.
Q. When had you seen it before?
Toms. It was in my trunk the morning when I went out to work. I took a clean night cap out of the trunk that morning to put on; I saw it then, and I never found any thing more.
Q. Could this woman bend the iron herself and get in?
Toms. The iron work was very thin, it was old.
Q. Could any body get into that window from the ground?
Toms. There was a washing from stood under the window, and as soon as she got in my bed lay along the window, and it was down.
I was going into Whitechapel. I picked this gown up in Catherinewheel Alley, a few doors this side the court, that is all I ever had; a ticket was in it. I went up to the lodgers, to be sure an hour and a half: this was about half after five I picked this gown up.
John Hammond . I have known her nine or ten years. I have kept a house in Wentworth-street, Whitechapel, eleven years; she lived in my house four or five years; she always paid me very honestly. I entrusted her in case of my house; she never wronged me; there is something very remarkable in that woman, she will do good to people in affliction.
Jane Bishop . She lodged four or five years in my house, and behaved very well. I have kept house forty years. I never had a better lodger in my life. I have incrusted her with my keys. I never missed any thing.
Guilty . Death .
77, 78. (M.) Michael Welch and Lettia Johnson , spinster , were indicted. The first for stealing one japan snuffbox, value 1 s. one silver nutmeg grater, value 1 s. two silver thimbles, value 1 s. two garner bracelets value 20 s. twelve rows of garnets, value 5 s. one silver breast buckle, one pair sprig, a brass watch case, value 6 s. seven pair of silver shoe buckles, value 1 l. 10 s. two pair of silver knee buckles, value 6 s. four plated stock buckles, value 4 s. two pair of silver knee buckles, value 2 s. four plated stone shoe buckles, value 30 s. one pair of stone knee buckles, value 3 s. one stone stock buckle, valueSamuel Drybutter ; and the other for receiving part of the said goods, well knowing them to have been stolen , Nov. 27 . ++
Samuel Drybutter . I am a jeweller . I keep a shop in Westminster Hall . I lost these things from thence, the 26th or 27th of Nov. We locked the place up over night, and found it broke open in the morning. I generally go from thence about ten o'clock. There were three times more lost than are mentioned in the indictment. I went to Sir John Fielding 's he advised me to print a bill, which I did. The other witnesses can give an account of the matter. I know nothing, only that they are property.
Richard Bond . On November 29, Mr. Lane, who keeps a pawnbroker's shop in Holborn, sent down to Sir John Fielding 's, to let him know that there was a woman had brought a pair of buckles which he suspected were taken out of the shop in Westminster Hall. Mr. Lane desired me to go down. I went. The woman said, she had them from one. Mrs. Johnson in Plumbtree-street. I went there, and asked her where she had them. She said, of the woman in the one pair of stairs, whose name was Pierpoint. She was called down. At last she said, she had them of one Mrs. Welch, who lived over the way; with that she offered to go with me. I went to Mrs. Welch, I saw her there, I I told her she must go with me to Sir John Fielding 's, relating to the buckles she gave Mrs. Pierpoint. She seemed to be rather frightened, and desired to go up stairs. I said, I must go with her. I thought she began to shuffle a little. I said, I should be glad to see what you have got in your pockets. She said, I should not. I put my hand upon the outside of her apron, and there was something hard in her pocket. In struggling, a buckle fell out, after that her pocket came off. I gave Mr. Drybutter an inventory of them.
Q. Did she say whether she had or had not sent Mrs. Pierpoint?
Bond. She did not say the one thing or the other; then I took her to Mrs. Johnson, Mrs. Pierpoint was there and another woman. I saw Mr. Welch as I was going in. I desired him to come with me, for I had got his wife, agoing before Sir John Fielding .
Q. Are the things that were in that pocket all the things contained in the indictment? You told Mr. Welch you had taken his wife?
Q. Did they live together as man and wife?
Bond. Yes, I believe they did.
Q. To Mr. Drybutter. Can you answer to all these things?
Q. You charged a man with stealing a watch?
Q. There was some mistake about that I believe?
Drybutter. No, there was not.
Nicholas Bond . As soon as they were brought in, I asked my brother whether they had been searched; he said, No; I desired him to make all haste to the house. We searched him, and in the fob of his breeches I found this watch; in his pocket-book. I found these two pencil cases; and in his pocket I found these two snuff boxes (producing them.) I think it was his coat pocket. *
Q. To Drybutter. Do you know any thing of those things?
Drybutter. The watch is what I wear myself. I put the chain upon it, it has the same chain now.
Q. When did you search him?
Bond. About an hour before the justice came.
Q. The woman goes for his wife.
Bond. Yes; she always went for his wife.
Henry Wright . Some of Sir John Fielding 's constables went to search Mr. Welch's house. She told me where these things were. Mr. Welch told me, if I went in her shop in the Middle Row, there were three Cheshire cheeses, and a, Gloucestershire cheese, and under them was a hole, in that hole some saw-dust, and
Q. What are they?
Wright. Here is a silver candlestick, and a plated candlestick (the goods produced.)
Prosecutor. They are all my property.
I lent twenty guineas upon them (I have the witness in court) on the 28th of November. I lent it to one Hamilton and Williams, I knew Hamilton about five years ago; he is a watchmaker, he told me he was a jeweller, and failed in trade; that a write for fifty pounds was out against him; that he must borrow the money that night. I lent the money in my shop about a quarter after eight. Thomas Smith and Elizabeth Bacon were present; and Hamilton and Williams were there.
Q. Then you have a house?
Welch. I had one then. My house consisted of six rooms, besides the cellar, mostly in my own occupation. I have only men lodgers. My maid goes down before me every morning to clean the shop. I laid these things among the cheeses, and she asked me what to do with them; I bid her throw them into the hole. I was a little in liquor I believe.
- Johnson's Defence.
My husband lent the money upon these goods. He ordered me to carry these things up stairs. I put them in my pocket. They remained in my pocket next day. I thought no more about them. I have no locks of any signification. I thought I might as well keep them in my pocket.
Welch. She is my wife.
For the Prisoner.
Q. What day?
Smith. I cannot tell. I served him with candles. I carried him some candles between seven and eight in the afternoon. Mr. Welch was standing by the door. Mrs. Welch and another woman came in presently. I spoke to Mr. Welch; Mr. Welch, and these two men were looking at a great part of the plate. Mr. Welch asked me if they were worth thirty-five pounds. I said I could not tell.
Q. Do you know what money was lent?
Smith. Nineteen guineas, twenty shillings in silver, and some half-pence. (the agreement is shown him.) That is my writing.
Q. Was it signed by somebody else?
Smith. Yes; a woman; she set her mark to it.
Q. Who wrote this paper?
Smith. Mr. Welch.
Q. Did you see the two men sign it?
Smith. I did not take notice.
Q. You said before, these two men signed it.
Smith. I saw them writing. They asked me to sign it.
Q. Was you acquainted with the woman?
Smith. I have seen her.
Q. What was her name?
Smith. They called her Mrs. Bacon.
Q. Should you know the goods if you saw them again?
Smith. I might. I only just took a cursory view of them.
Q. Was there no inventory taken?
Q. So these people borrowed twenty-one pounds; they shoved them into a bag altogether, and trusted them with Welch, without an inventory?
Smith. He said his friend wanted to raise some money to save his being arrested.
Q. What did you understand Williams, to be?
Smith. As shopkeeper.
Q. Where do you live?
Smith. On Great Saffron-hill.
Q. How long have you lived there?
Smith. Going on two years.
Q. How long have you known him?
Smith. I have known him eight years.
The paper is read.
Novem. 28, 1770.
Wee janenly or sepertly promis to pay to Mr. Michel Welch or order the sum of 21 pounds that he lent bus on one silver candelstick sum plated goods sum silver buckels with pleated ditto 2 mettel-watches besides some odder things that wee have a count of all them apon a defalter in peament thereof in 4 or 5. days Wee agree that the sead Welch shall dispose them to get his owen monney apon that condisson wee have set our hands.
Thomas Hamilton John Williams
Elizabeth Bacon . I keep a house in Monmouth-court, Monmouth-street.
Q. Do you remember being at Mrs. Welch's?
Q. Did you sign any paper?
Bacon. Yes, I put my mark.
Q. What did you see?
Bacon. I went to Mrs. Welch's for some butter and cheese! two men came in: Mrs. Welch desired me to call her husband; he was at the Green Man: I went over for him. I told him one wanted him; he came home; these men were standing at the fire side; one said, he wanted a favour of him. Mr. Welch asked what; he said, a friend of his was put to a nonplus for some money, and wanted to make up a bill. I do not know the man, said Welch; but as to you, Hamilton, I have obliged you, and you never failed me; I am very scarce of money; what value have you; if I can oblige you and your friend I will; they made the agreement; they desired me to stand up. I stood up and signed it; he was to pay the money in five or six days, or the things were to be sold, Mr. Drybutter was with me at Mr. Welch's several times; for I kept the shop open to sell the butter, that it might not be spoiled.
Q. How long have you known Mr. Welch.
Bacon. Four or five years.
Mr. Rowley. I am a surgeon and man-midwife in Holbourn. I have known Welch four or five years. I always thought him a worthy honest man. I never heard any thing to prejudice his character.
- Philips. I am a joiner. I have known him between six and seven years; he kept a kind of a chandler's shop. I have trusted him; he always paid me honestly.
Welch guilty . T .
Johnson acquitted .
79. (M.) Ann Booth , widow , was indicted for stealing seven pair of worsted stockings, value 14 s. and one pair of thread stockings value 3 s. the property of John Goldwin , privately in his shop , Dec 12. ++
John Goldwin . I keep a hosier's and haberdasher's shop in Piccadilly ; the prisoner came into my shop about nine o'clock last Saturday night; she said, some gentlemen were to meet her there at six o'clock to buy her a gown, and some articles in my business, and that as he had not come at that time, she supposed he would come about nine. I asked her to set down and wait for the gentlemen, which she did; after she had set some time, she said, the gentlemen had disappointed her twice, and she went out. I had some mistrust of her, for I saw her hovering about the window. I was serving a gentleman with some stockings; she came in again and asked the gentlemen were come. I had seen her waiting about the door all the time. She staid some time whilst a many people came into the shop; there were two pair of stockings on the other side of the shop; I missed one and a parcel from the opposite counter. I went up to her; I pushed back her cloak and found the bundle of stockings, which were seven pair; she was then in the middle of the shop; she ran away to the end of the compter, and dropped a pair of mixed thread stockings.
Q. Had they any marks upon them?
Goldwin. Yes, there was my own mark upon the paper.
My lord they were not about me.
Guilty. 4 s. 10 d. T .
John Freeman . I am servant to Messrs. Chase and Cox. There were forty pound of lead stolen from their stable; the prisoner confessed he had sold it at an old iron shop; the boy went with us to the shop; there we found the lead, which I took to the top of the stable, and it fitted the place exactly; he said he sold it for eighteen-pence.
I know nothing of it.
Guilty . B .
81. (M.) Paul Jenkinson , was indicted for stealing two linen sheets, value 8 s. one linen shirt, value 6 s. one pair of silk stockings, value 10 s. one linen apron, value 4 s. one linen handkerchief, value 1 s. and one linen cap, value 2 d. the property of John Snelson , Jan. 4 . ||
John Snelson . I keep the Ship, a public house at Tottenham High Cross . The prisoner came to my house with a billet as a recruiting serjeant; the billet I have found since was not a true one. He desired to lie that night at my house. He staid in his room the next morning till all the family were come down; after he he was gone we missed the things. On the ninth of January a man gave us intelligence that the prisoner was at a house about a mile and a half off; some of us went in pursuit of him, and brought him to my house about eleven; he had his knapsack with him. I desired to look into it; he readily opened it; there was nothing of mine in it; he had a handkerchief in his hand with something tied in it; he did not chuse to open that. I opened it, and we found a linen handkerchief and a child's cap in it. My maid servant said, they belonged to her mistress; there were two men lay in the same room as the prisoner, but they came down stairs as soon as it was light, and went about their business.
Sarah Skate . I am servant to Mr. Snelson. The prisoner came and lay at our house on the second and third. My mistress came down in the morning a little before ten; the prisoner did not come down till near three quarters of an hour afterwards. I saw him come down and walk hastily through the passage, upon which my mistress and I went to look in the room; we missed the things mentioned in the indictment. I saw the cap and handkerchief taken out of the handkerchief, (the cap and handkerchief produced.) I can swear these are my master's property.
There was a watch hanging in the room, and some silver spoons in the drawer.
Guilty . T .
82. (M.) Frances Largent . Spinster ; was indicted for stealing one scarlet cardinal, value 16 s. one linen gown. value 17 s. one snuff petticoat, value 9 s. one black silk cardinal, value 5 s. the property of Mary Brown ; and black cloath cloak , the property of Ann Brown December 27 . ++
Guilty , T .
Both Acquitted .
85, 86, 87. (M.) John Gannon , Robert Hopecroft , and Richard Joseph Muston , were indicted for breaking and entering the dwelling house of Moses Benjamin , on 24 December , about the hour of six in the night, and stealing thirty-six yards of silk ribbon, value 12 s. two needle cases, value 2 s. six rows of beads, value 3 s. one mock garnet necklace, value 4 s. and one silk lace, value 9 d. the property of the said Moses Benjamin , in his dwelling house . ++
Jane Benjamin . I am wife of Moses Benjamin . I keep a house in Whitechapel , and keep a little millener shop. My house was broke open about six o'clock in the night before Christmas day; they broke the window, and took out the ribbon. I was backwards in the kitchen.
Q. Was there any body in the shop?
Benjamin. No; and the shop door was locked: the goods were lying for some distance from the window; in the street.
Q. Was there any light in your shop?
Samual Freeman. I am porter at an oil shop in Whitechapel. I was going by the prosecutors house with a load. I saw the prisoners about the window. I stopt at a wine vault about fourteen or sixteen yards distance; I staid there near a quarter of an hour. There were three of them.
Q. Where did they stand?
Freeman. About three quarters of a yard distance from each other. One was at the door, another at the window, and the third at the dead wall. I saw one of them hawl the things.
Q. Did you hear the window brake?
Freeman. No; he said he would knock at the door; then I went about my business. When I came back again, they had shut up the window shutters, I said; Now the steed is stole. you shut up the stable door. My mistress asked me, it I could swear to them; I said I could. I saw them the Saturday following; this was Christmas eve. The Monday night I saw them again; the Saturday following I could see them very plain; there was a lamp over their heads.
Q. Which stood at the window?
- Gannon. Hopcraft stood at the door, and Muston at the dead wall; I saw them taking something out at the window, but could not distinguish what.
Q. from Gannon. Did not you say I had a white waistcoat on?
- He had a white jacket on, with black spots on it, and he had leather breeches.
Sarah Hurford . I live four doors from Mrs. Benjamin; I had been out that afternoon. I came home between four and five; I saw the three prisoners and another, standing by the road side. I went out again about a quarter before six; then I saw them all four round Mrs. Benjamin's window; I saw Gannon picking round the glass, as if he wanted to get the pane out; they left the window as I passed them, and then they returned again to it.
Adam Ward . I am a milk-man: I was going by Mrs. Benjamin's house with my milk pail: I saw the ribbons lay drawn out into the road; I walked a little further, and there I saw the three prisoners and another lad; they crossed the road into Great Garden Street, which is about one hundred roads from Mrs. Benjamin's. The ribbons lay from Mrs. Benjamin's that way. Gannon said, D - n my eyes, how the man after me through the mud, and how the ribbons draw'd along; and clapp'd his hand upon his knee. When I came opposite Black Lion yard they stopp'd, and I passed them; they crossed the way towards Whitechapel church; there was a watchmaker at his own door; I told him of the four boys; he ask'd me why I did not take them. When I came down lower there was Muston and Hopcraft following (I supposed). to Gannon and the other. I put my pails down, and took one in each hand; and when I accused them with being concerned in stealing the ribbons, one of them began a crying; I went for a constable; in the mean time Mr. Cresser took Gannon.
Q. to Prosecutrix. What did you miss?
Benjamin. I missed a great many things; I have got a part of them; a great many little articles are entirely gone; here are a parcel of ribbons, some needle boxes, and six rows of necklaces (producing them.) These I found in the street; the others are lost entirely.
Q. Was any thing found upon either of the prisoners?
Benjamin. The constable searched them, but did not find any thing; he did not search their breeches.
Q. Was the ribbon they stole all loose?
Benjamin. No; it was upon blocks; they hung upon a string; they pulled one and they all followed.
Q. Are there any marks upon them?
Gannon's Defence. I belong to a West India man, the Elizabeth; I went to a public house at Stepney to enquire for our lieutenant; as I was coming by the Infirmary, the gentleman laid hold of me; they searched me; but found nothing upon me; I was going down to my ship; I shall be fourteen the eighth of next March; my father lives in Rosemary lane.
Hopcraft's Defence. I was coming to work along Whitechapel; the milkman took hold of me by the collar; I was willing to go with them back to the shop; the gentle woman that gave evidence said, this is never a one of the boys.
Hurford. I could swear to Gannon when I first saw them; I did not recollect them all at first; I can recollect them all now.
Murton's Defence. I was going home; I had not been at work that day; I am a plaisterer; this man catched hold of me as I was running full-butt against him; we were brought before this girl, and she swore only to Gannon. My father is in St. Thomas's Hospital; he fell from a scaffold and broke his legs.
All three guilty of stealing only . T .
Samuel Davis was indicted for breaking and entering the dwelling house of William Holmes on the first of December , about the hour of three in the night; and stealing one duffil coat, value 10 s. one large silver spoon, value 10 s. two silvers tea spoons, value 2 s. one silk cardinal, value 5 s. one silk bonnet, value 2 s. one pound of tea, value 6 s. one two quart glass bottle filled with brandy, value 4 s. one two quart glass bottle filled with rum, 4 s. one silver punch ladle, value 2 s. one hoop garnet ring, value 2 s. and 15 s. in money, numbered, in the dwelling house of the said William . +
See Moody tried for stealing a quantity of plate, No. 536, in Mr. Alderman Trecothick's Mayarolty.
89. (M.) John Headmond was indicted, for that he on the king's highway, on Thomas Ball , did make an assault, putting him in corporal fear and danger of his life; and stealing from his person one shilling in money, numbered , Jan. 13 . ||
Thomas Ball . I am a victualler , and live in Liquorpond-street, Gray's-inn-lane; I keep the Globe; I was coming from Ealing last Sunday night about seven o'clock; I was in a mourning coach; there was one Chippenwell, and my own brother, and the undertaker's man; we were stopped on this side of Acton ; the prisoner came up to the coachman, and bid him stop; he came to the coach door; he was on horseback; he demanded the money of us; it was a dark night.
Q. Was any thing over his face?
Q. Was it light enough to know his face?
Ball. Yes. I told him we had but a few shillings: I gave him a shilling; he held his hat out, and I put it in his hat.
Q. Had he any pistol?
Ball. I saw none; nor no stick nor whip.
Q. Was you frightened?
Ball. I cannot say but I was a little.
Q. Did he take any thing from the rest of the company?
Ball. No, he gave me the shilling back into my own hand, and said he would not have it.
Q. Had he the shilling ever in his hand?
Ball. He took it out of his hat with his own hand, and put it into my hand.
Q. How long was he at the coach door committing this robbery?
Ball. He was hovering about five or six minutes, he was close to the coach four or five minutes; the man was very much in liquor I believe, or he would never have stay'd so long.
Q. What did he say when he returned the shilling?
Ball. He swore; then the coachman got off the box, collared him, and took him off his horse.
Q. Did you search him?
Q. Did you find any fire arms upon him?
Q. What were the very words he made use of when he first rode up to the coach?
Ball. Gentlemen, your money.
Q. What did he say to you when he gave you the money back again?
Ball. He said, he would not have the shilling; he said, he wanted more; I said, I had a few shillings, and tossed one into his hat.
Q. Then he did not demand the rest of your money?
Q. He was so drunk he did not know what he was about, did he?
Q. Was he dressed the same way he is now; was it a hired horse, or his own, or his master's?
Ball. A hired horse.
Q. Where had he been that night?
Ball. To Acton, he said, to dinner; he had been at a gentlewoman's there, Mrs. Fisher.
Q. What is Mrs. Fisher.
Ball. I do not know, he went there to dinner.
Q. What sort of whip or stick had he?
Ball. I did not see either whip or stick.
Q. How long did he stay at the coach door after he returned the shilling?
Ball. Not two minutes, I suppose, before the coachman collared him.
Q. But he did stand there?
Q. He did not ride off?
Ball. No, we told him to go away, he would
Q. Can you recollect when he first came up, whether he said any thing of asking for your money?
Ball. He said, gentlemen, I demand your money.
Q. You say, you think he was so much in liquor, he did not know what he did?
Ball. I do think so.
Witness. I was driving this coach home from Acton. Last Sunday night the coach was stopped by the prisoner, he rode up to the door and opened it himself; he bid me stop three times; he opened the door on horseback.
Q. What did he say?
Witness. He demanded their money; Mr. Ball gave him a shilling.
Q. What did he do?
Witness. He went backwards and forwards two or three times; I believe he was so intoxicated, that he did not know what he was about; after the coach was open, he asked me to get off the box to open the door after he had opened it, and after he had taken the shilling and returned it.
Q. Do you think he was so drunk that he did not know what he did?
Witness. Yes, I do, if he had not he would not have desired me to get off of the box; I unhorsed him, and laid hold of him.
Q. He appeared quite drunk?
Witness. He did; he had no fire arms, nor stick, nor whip; he said he had been to Acton.
I do not know what I have done.
For the Prisoner.
Mr. Ralph Payne . I have known him two years. He lived first of all with a brother of mine. He went abroad with him, and staid abroad, I believe, better than a twelvemonth. He came home, very strongly recommended for his care and industry: (in consideration of that I took him into my service) he recommended him to his agent in London, telling him he intended to take him when he returned to England, and if he got a place for him, to give up that place before he returned to England. He commissioned him to let him have money. I took him into my service when I came to England; I think in the month of June last. My brother was at the West Indies. He lived about four months in my service; in which time he was, seemingly, often in liquor, and that was the occasion of my parting with him; otherwise, independent of that, I had no fault to find with him. He had things of great value in his care, but never wronged me. We parted upon good terms in every respect but that.
Emmanuel Frithey . I keep the Indian Queen at Acton. The prisoner came to my house on the 13th of January, about two o'clock, in company with Mrs. Fisher, gardiner; a lady that lives at Acton. He had been to see Mr. Pickering, a servant of Mrs. Fisher's. He being out, he came to my house. He had said that he intended to dine with him. He stayed at my house till near seven o'clock. He dined there, and drank two or three pots of beer, and then had some punch. He was very much intoxicated in liquor. He rid his horse through my passage, about forty feet long; and there is part of the stairs down. He rid quite through there into the tap-room. The stair-case drops down. There is stairs drop down about ten feet high. He rid quite under these stairs, (they drop down) and so up another stairs into the tap-room.
Q. Did you look upon him to know what he did?
Frithey. No. I thought him very much in liquor. I could not persuade him scarcely to go home.
90. (L.) Thomas Mackaway , and John Welch , were indicted for stealing one silver snuffers-stand, value 50 s. and one pair of steel snuffers, value two shillings; the property of Samuel Patterson , in his dwelling-house , December 14 . +
John Hays . I am servant to Mr. Patterson. I have the care of the snuffers and the snuffers-pan. I missed them the same evening, a little after three, when I went to shut the windows up. I cleaned them in the morning along with the rest of the plate. The drawer was open, and the window was shoved up; that was the butler's pantry. The constable came next day, and asked me if we had lost any plate the day before? He came about ten o'clock. I replied, We had left a silver snuffer-stand, and a pair of steel snuffers, and that was all. He replied,
Q. Have you seen these things since?
Hays. Yes. Cooper, the constable, brought them before the sitting alderman. I can sware these are my master's property.
Q. From the prisoner. Whether you saw us loitering about the house?
Hays. No; never.
Samuel Cooper . I am a constable. On Friday, the 14th of December, I was going to Mr. Sheriff Baker's. The coachman came out. There was Wilson, Mackaway, and Welch, going a little way before me, about a dozen yards. The coachman said to me, There are three bad lads you ought to take. The coachman said they had got some plate; they have robbed somebody. The coachman's name is William Ford . They went as far as London-wall. Then they turned round by the new church. I saw no more of them till they came to Houndsditch. Then Welch went on the left side, Mackaway and Wilson on the right; Welch seeing us, began to run; accordingly I pursued him; he turned up Constable-street; I hollowed out, Stop him, Stop him. There was a chimney-sweeper coming along; he got hold of him. Welch had this piece of plate in his hand, behind him: he dropped it when the chimney-sweeper took hold of him. I came up to him and secured him. The chimney-sweeper picked the plate up. I took Welch to the Poultry-Compter. We asked him where the other lads were to be found that were with him. He said he had nothing to say till he was sworn and admitted an evidence. The Alderman bid him shew where he had stole the plate. He went and shewed us Mr. Patterson's house. Mr. Patterson asked him after the steel snuffers; he said he had thrown them upon Bethlam-wall. We went and found them where he described.
Q. From Muckaway. Where did you see me?
Cooper. At London Wall.
Q. Why did you not take me?
Cooper. I thought it proper to take the man that had the plate upon him.
Q. How came you to know he had the plate about him?
Cooper. Mr. Sheriff Baker's coachman told me one of them had given it Welch; and I saw him shuffle something into his bosom.
Q. From Welch. Where did you see me shuffle in my bosom?
Cooper. Just before Mr. Sheriff Baker's back gate.
John Torbutt, who is a chimney sweeper, deposed that he took Welch in the manner above described.
John Wilson, the accomplice, deposed that he went out a robbing with the prisoner's; that they went into King's Arms yard; that Welch pushed up Mr. Patterson's window, thrust in his body, and pulled a drawer out, in which the stands and snuffers were.
- Muckaway. I was along with Welch and Wilson; I went up to King's Arms yard to ease myself; they walked up the yard to wait for my coming along by London Wall; Wilson pulled out the plate, and said, he gave it to Welch.
Wilson said he found it in Moorfields, and hid me put it in my pocket; I carried it in my hand along the street; I did not know it was stole.
Both Guilty 39 s. T .
Michael Murphy . I am a milkman ; and live in a cellar in Essex-street in the Strand ; the prisoner lived servant with me; I left her in the care of the house; when I came home the prisoner was gone, and I missed the money out of my box; I found her the same day in St. Giles's; she gave me one shilling and ten pence halfpenny of my money.
I hope the court will be as favourable as they can.
Guilty . T .
Matthew Haggity was indicted for stealing one iron swivel gun, value 4 s. the property of John Body and Samuel Hulme ++
Guilty 10 d. T .
Guilty . T .
Both Acquitted .
Joseph Cuthbertson . I am a brewer's servant , and live in Peter-street, Westminster . I lost the things out of my box; the prisoner lodged in the same house. He went away from his lodgings. We took him at the King's Arms in Little George Street. He confessed he took them, and said, he would make me amends.
Joseph Smith . I am a constable. I took the prisoner. He at first denied the charge; afterwards, he said, he had bought a watch with part of the money. He offered the prisoner the watch, and said, he would pay him part of his wages every week.
James Miller . On Sunday about noon, the prisoner came to me, and said, he had lost all his money. We suspected the prisoner. Mrs. Allen told me, she had pawned the prosecutor's hat for a shilling. I told him, I thought he was a bad man to take ten or twelve guineas from the poor man; he said, No, it was but eight.
Prosecutor. This is my hat.
Guilty . T .
Guilty . T .
98. (L.) Robert Johnson , otherwise Jackson was indicted for forging, uttering and publishing as true, a false order for the payment of 25 l. with intent to cheat and defraud John Hinckes , December 6 . ++
John Hinckes . I am a tin man in Fleet-street. The prisoner came to me about five or six o'clock in the afternoon, on Dec. 6. He asked if I had three dozen of each sort of lanthorns. I said, I had not on so short a notice; he said, he would call next day. He came on Friday evening; the things being all ready; he said he would pay for them; I asked him into the parlour; he drank a dish of tea; he gave me a draught of 25 l. I had not cash enough to give him change; I got it at a neighbour's. He went by the name of Captain Jackson; I gave him in change twelve guineas and three shillings. He said, he would call the next day with a cart to take the things away; (this is the draught producing it,) dated December 6, 1770, directed to Mess. Walpole and Co. bankers, for 25 l. I carried it next day to the bankers for payment; they said they had no such person kept cash with them. I asked the prisoner no questions about it.
Mr. Garrat. I am clerk to Mess. Walpole and Co. no such person keeps cash at our house.
He was detained to be tried for a fraud.
100. (M.) John Johnson was indicted for stealing one linen bag, value 2 d. one silk gown, value 20 s. one cotton gown, value 6 s. one stuff petticoat, value 4 s. one linen shirt, value 2 s. one linen shift, value 1 s. and two pair of cotton stockings, value 1 s. the property of John Johnson , Nov. 20 . ++
Guilty . T .
James Field and William Hawke were indicted, the first for stealing a leather pocket book, value 2 s. and a bank note, value 20 l. the property of John Gordon , Esq ; privately from his person ; and the other for receiving the same, well knowing them to have been stolen , Dec. 29 . ||
Mr. Gordon. On the twenty-ninth of December I was handing some ladies out of the Opera house into a coach. I clapped my hand to my pocket and missed my pocket book. It was in my right-hand coat pocket; there was a twenty pound bank note in it which had been in it about a week. I had seen it in my pocket book, I believe, that very morning. I did not know when it was taken. A little boy, David Roades, came to me three or four days ago with a bill of exchange that was in the pocket book. I stoped the boy, and by that means came at a knowledge of the prisoners. We got a search warrant, and at Hawkes's house we found my pocket book, (produced and deposed to.) The bill of exchange had been paid two month before. I have never seen the bank note since.
John Roades . I sent David Roades , my brother, with this bill of exchange to Mr. Gordon's. I had it from Hawke the third or fourth of this month. Field was present and said, I night pass it very well, for he had passed a twenty pound note three or four days before. They both came together twice to see if I had got it off; I was confined in Tothil-fields for an assault, and there I became acquainted with them. They asked me for the note again, and Hawke said, he would get it off himself. I gave it him, but he gave it me back again, and said, If you can make any thing of it do, if not, you had better burn it, or we shall be transported. They came to me last Monday at my father's, in Union-street, Oxford Road; they wanted the note. I would not give it them. I intended to send it to Mr. Gordon to get the money.
Q. Had you advised with your father or any body about it?
Roades. No, my father did not know any thing of it.
Q. Was you in company with them at the Opera House on the twenty-ninth of December.
Jonathan Raine . I am a mason. I have employed Roades's father two or three years, and three of his sons. When Roades was in prison about this note, the father went in search of the two prisoners from his son's information: they desired me to be present at the searching Hawke's lodgings: in the bottom of a drawer we found this pocket book; it was shewn to the prisoners. Hawke said, it belonged to Field: Field said, he lodged at Hawke's and left it there. Hawke and his wife had made use of it, for there were some pawn-broker tickets in it. which Hawke's wife acknowledged belonged to them.
I have had many a twenty pound note of my own property.
I was going to the play with my wife's sister and Mr. Field. Roades came up and walked with us; I did not know him at first; he saw me pull my watch out; and wanted to buy it; he got from me; he was to give me two guineas and a half for it; he gave me a guinea; Mr. Field gave him his watch; he gave him nothing. We were several times after him about the money.
Field guilty of stealing, but not privately, from the person . T .
Hawke Guilty T. 14 years .
Guilty T .
104, 105, 106. (L.) John Spruciar , and William Pearce , were indicted, together with James Pease ; (not yet taken,) for breaking and entering the dwelling house of Edward Jones on December 9 . about the hour of nine in the night, and stealing nine linen shirts, a pair of leather breeches, two woollen cloth coats, a thick set waistcoat, a cloth waistcoat, a cotton bed gown, and two handkerchiefs, the property of the said Edward Jones , in his dwelling house .
Both Acquitted .Barnes Masters on December 28 , about the hour of 6 in the night, and stealing two linen gowns, four cotton gowns, one small table cloth, a tea chest, six silver tea spoons, a gold ring and a stay book, the property of the said Barnes, in his dwelling house . ++
Barbara Masters . I am wife of Barnes Masters: I live in White-friars : my house was broke open on December 28. I first discovered it between six and seven in the evening. I went to a neighbour's over the way at six o'clock; she went to the door; she came in again, and told me, there was somebody in my house; there was a light in the room; I went over, and saw the prisoner coming down stairs with a candle in his hand. He said, the door was open, and he went up to see for one Jones. We secured him; he struggled very much to get away; when I went up stairs, I missed the things mentioned in the indictment.
I was going into Silver street, to enquire for Mr. Jones. I saw this door open; the candle was upon the stairs; I went in, and called for Mr. Jones; the woman came, and tore my cloaths, and used me ill.
Guilty of stealing . T .
Guilty . T .
Guilty . T .
111 (M.) Esther Watkins , spinster , was indicted for stealing one copper pottage por, value 5 s. one copper tea kettle, value 2 s. two pewter soup plates, value 1 s. and ten pound of beef, value 3 s. the property of William Little , January 2 . ++
112 (M.) Mary Godwin , widow , was indicted for stealing one linen gown, value 4 s. one pair of stays, value 3 s. one check apron, value 2 s. one linen apron, value 3 s. one silk and cotton handkerchief, value 2 s. one callimanco peticoat, value 2 s. and one pair of plated shoe buckles, value 4 d. the property of Lucy Peart , widow , January 5 . ++
Guilty . T .
113. (M.) Christian Crooks , spinster , was indicted for stealing two linen shirts, value 2 s. two check aprons, value 6 d. one linen apron, value 6 d. two muslin neckcloths, value 1 s. one pair of thread stockings, value 4 d. and one plain linen cap, value 2 d. the property of Edward Fawcer , Dec. 25 . ++
Guilty. 10 d. W .
The Trials being ended, the court proceeded is give judgement as follows:
Received sentence of death, three.
Transportation for 14 years, one.
Transportation for seven years, thirty.
Hannah Governer , Thomas Muckaway , John Welch , Thomas Edwards , William Pearce , Jacob Abraham , John Sullivan , James Jackson , Martin M'Guire, Susanna May , Thomas Erskine , John Farthing , Michael Welch , Joseph Marchant , Soloman Solomans, Maxamilian Miller, Thomas Abel , Thomas Walker, John Diaper, Grace Hunt , Ann Booth , Paul Jenkinson , Francis Largent , John Gannon , John Hopcroft , John Muston , John Johnson , James Field , Edward Smith , Matthew Huggity .