In the Eleventh Year of His MAJESTY's Reign. Being the Third SESSION in the MAYORALTY of The Right Honourable BRASS CROSBY, Esq; LORD-MAYOR of the CITY of LONDON.
NUMBER III. 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 SYDNEY STAFFORD SMYTHE, Knt. one of the Barons of his Majesty's Court of Exchequer *; the Hon. Sir WILLIAM HENRY ASHHURST, Knt. one of the Justices of his Majesty's Court of King's Bench +; the Hon. Sir GEORGE NARES , Knt. one of the Justices of his Majesty's Court of Common Pleas ||; JAMES EYRE , Esq; Recorder ++; THOMAS NUGENT , Esq; common Serjeant ~; 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.
N. B. The *, +, ||, ++, and ~, refer to the Judges by whom the Prisoners were tried. L. London, M. Middlesex Jury.
Joshua Kilby . I am accomptant to Mr. Webb; on Thursday the 14th inst. when I was in the compting-house, I saw the prisoner come into the warehouse and take the two pieces of ticken: I followed him: he had the pieces under his arm: I secured him and brought him back to the shop: he said a boy desired him to do it.
I met a boy in the street: he said he belonged to the warehouse: he desired me to take the two pieces whilst he buckled his shoes, and he gave me the slip.
Guilty . T .
See him tried by the name of Sprucian, No. 104, last sessions, for a Burglary.
Thomas Bunning , and the other for receiving the above goods, well knowing them to have been stolen , January 17 . +
James, Guilty T .
Wood, Guilty T. fourteen years .
117, 118. (M.) Mary Knight , spinster , and Ann Dawes , spinster, were indicted for stealing one leather trunk, value 2 s. one silk handkerchief, value 1 s. one plain gold ring, value 2 s. one gold ring set with garnets, value 5 s. one seal set with gold, value 6 s. one silver dollar, value 4 s. and one silver half dollar, value 2 s. the property of Isabella Laing , Jan. 22 . ||
Knight, Acquitted .
Dawes, Guilty 10 d .
119. (M.) Sarah, the wife of John Blyth , was indicted for stealing four linen shifts, value 4 s. three linen gowns, value 20 s. two pair of cotton stockings, value 2 s. and one pair of thread stockings, value 1 s. the property of Joseph Sowler , Jan. 16 . +
Guilty 10 d . W .
The prosecutor is dead; the other witnesses were called but did not appear.
121. (M.) John Richardson was indicted for stealing one bed quilt, value 18 d. one copper saucepan, value 3 s. and twenty linen towels, value 5 s. the property of Catharine Nicholson , spinster , Dec. 12 . +
Guilty . T .
Guilty . T .
At the request of the prisoner the witnesses were examined apart.
Court. Describe the gelding.
Stock. It was a black gelding with a star upon his forehead and one white heel: he has been rowelled behind; but he is a remarkable horse, about fourteen hands and an half high, rather better. The stable was broke into through a brick wall, and then he had shot the bolt of the look back and left the door open: I heard of it between eight and nine o'clock: the stable was about a mile from my house: I went to Smithfield about three o'clock: I had had no intelligence of my horse: I suspected he would bring him there: I had not been in Smithfield above ten minutes when I saw the prisoner come riding upon one horse and leading mine: a man asked him the price of my horse; he asked nine guineas: the man asked where he brought the horse from; he said, from Waltham Abbey: the prisoner tied my horse up to the rails: the man asked him how long he had had the horse; he said, ever since the Monday se'nnight before: I told the man that asked the price that the horse was stolen, I told several people to take care the prisoner did not get away, whilst I went for a constable: I charged a constable with him: he said, at first, that he bought the horse at a sale at the White-horse at Chigwell the Monday was se'nnight before: this was on Friday: I told him it was my horse, and that I saw him on Wednesday.
Q. Are you sure that was your horse?
Q. Did you lose any bridle?
Stock. No, I lost a sack with the horse, but
Thomas Horsley . I am servant to Mr. Stock: I locked the stable door the night before the horse was stolen: the horse was safe then: the next morning I found the door open and the horse was gone: there was a hole broke in the wall of the stable: there were four in the stable: the other three were left.
Q. What colour was the horse?
Horsley. Black; the off heel behind is white: he had a star in his forehead, and there was a rowel in each thigh. I saw the horse in the stable at the Greyhound in Smithfield: I knew the horse as soon as I saw him.
I took the horse from another man to sell, one Armstrong, just on this side of Waltham Abbey, at Tyler's Green: I took him to Smithfield to sell for Armstrong: I am a chimney-sweeper : I took the other horse from a gentleman at the Basing-house.
Prosecutor. The gentleman is in court from whom that horse was stolen.
Guilty. Death . Recommended .
125. (L.) Thomas Wallis was indicted for breaking and entering the dwelling-house of James Allen , on the 10th of February , about the hour of five in the night, with an intent to steal the money and effects of the said James . ++
" Richard Morgan , who is a servant to Mr. Allen, a linen draper opposite the Mansion-house, deposed; that he lay in the shop; that he was awaked by a boring of the window shutters: that he got out of bed and went to the door: that the glass broke as he was going along: that when he opened the street door the prisoner ran away, and he pursued and took him: a pannel of the window shutter was produced in court with a hole in it about four inches by six, and a large gimblet. - It is necessary to constitute a burglary, that there be entering proved as well as breaking: - and as there was no evidence of any entry being made he was Acquitted .
Flood Guilty, 10 d . W .
Riddle Acquitted .
Thomas Parkinson , jun. I am son to Mr. Parkinson, who is steward to lord Salisbury and lord Monson for their estates in Hertfordshire . I spoke to the prisoner several times to leave off poaching: he would not desist: my father told me to lodge an information against him, which I did.
Q. You was appointed, I think, to go abroad in the East-India company service?
Parkinson. Yes, to Madrass; the ship did not sail: I returned into the country again on the twenty-seventh or twenty-eighth of December: I saw the prisoner next day, but had no conversation with him: I was out a shooting with some company on the twenty-ninth: I observed the prisoner following us about, among the woods, all day long: I had no suspicion of any thing of this sort then: I went to the Bull inn at Brompton about six or seven in the evening: I had observed him following me all day long, but I had not spoke to him: the prisoner came in after I had been in about five minutes: I sat by the kitchen fire; he sat at a distance: we staid till about three quarters after eight: I went out once to the door; the prisoner followed me out and in again: nothing passed between us then.
Q. Did any conversation pass between you in the house?
Q. How far was you from home?
Parkinson. Pretty near a mile and a half.
Council. Please to tell the court where you went and what happened to you: be particular.
Parkinson. When I was about to pay my reckoning, the prisoner went out about five or six minutes before me: I went up two fields homewards: I came to a gate that opened into a grove; there I saw the prisoner standing just by the gate.
Q. Are you sure it was the prisoner?
Parkinson. Yes; it was a remarkable moonlightRichard Cawdell ; the prisoner followed me to within about ten or fifteen yards of the house.
Q. Do you recollect any particular expressions that he made use of as he followed you?
Parkinson. He said, as soon as I turned round, being wounded, There, d - n you, take that, and swore many more oaths. There was a light in Cawdell's house, and I believe a man was up; Cawdell and another man went home with me to my father's house.
Q. Was you wounded?
Parkinson. Yes; I have the coat in court that I wore at the time; the pistol was loaded with shot; some of the shot were extracted: he was quite close to me when he shot me: my father sent for Mr. Baker the surgeon, and then they went to take the prisoner.
Q. Is the surgeon here?
Parkinson. No; he is a quaker, and won't take an oath.
Q. from the jury. How long had you been at the public house?
Parkinson. About two hours.
Q. Was you quite sober?
Parkinson. Yes; we had but three pints of beer among us; I had drank nothing before all day, (produces a light coat) this is the coat I wore at the time, (the coat has a great hole upon the shoulder near the top and is very much discoloured with the powder.) I have several of the shot now in my neck (he shows his wound to the jury.)
Thomas Parkinson sen. Two men, about half an hour after eleven o'clock, came home with my sons he was in a very bloody condition: I asked him the occasion of it; he said, that Dick Mortis had shot him: I said, What, by some accident in shooting in the wood: he said, No, on purpose: we went for a surgeon; he and his son came and examined the wound; they said they hoped it was not mortal, but that if it had been a little more to the right-hand it would have destroyed the jugular vein, and would, of consequence, have been his death: we were told where the prisoner lodged: we went: when we got there the man was in custody; the alarm had been given by these people: he said he knew nothing of it, and made evasive answers. I saw a many small shot extracted by the surgeon, and some shot were shook out of the curl of his wig and his tongue was wounded: some of the shot went inside the jaw bone into his mouth.
Q. Can you account for any ill will he should bear your son?
Parkinson sen. My son laid an information against him.
John Bell . On Saturday night, some day in the month of December, between eight and nine o'clock, I was at Richard Cawdell 's; I heard young Mr. Parkinson make a great hollowing in the yard; the man went down and let him into the house: I asked him what was the matter with him; he said, Richard Mortis had shot him: I lighted a candle then and saw he was shot very much in the neck and upon the top of the shoulder; we charged a gun, and Richard Cawdell and I went home with him to his father's, which is about a mile; his father sent for a doctor, and then we went and took the prisoner directly.
Q. How long was it before you set out in pursuit of the prisoner after you got to Mr. Parkinson's?
Bell. About an hour and a half: we went a great many of us; we found him at home in his own room, which was about two miles from Mr. Parkinson's; whether he was in bed or laid upon the bed only, I cannot tell: we went to the door and called him out of the room; he came down stairs.
Bell. Yes, in as little time as could be thought of; he came down dressed: we told him he had
Q. Did you look for any pistols at his lodgings?
Bell. Yes, and we searched him but could not find any.
Ann Sharpe . I keep the Black Bull Inn at Roxborough in Hertfordshire: young Mr. Parkinson was at our house on Saturday the twenty-ninth of December, he was there before Mortis came in; a young man came in who drank part of a pint of beer, and then went away.
Q. Do you remember what liquor Mr. Parkinson and his friend had?
Sharpe. They had a pint of beer, it might be more, I can't recollect: Mr. Parkinson went out of the house; immediately I missed Mortis: I said to my husband, My dear, Mortis is gone away, has he paid his reckoning? then Mr. Parkinson came in; I asked him if he had seen Dick Mortis ; by the time I had spoken the words Mortis came in.
Q. Do you recollect whether Mr. Parkinson said where he was going to?
Sharpe. He said he would go home to his father's.
Q. Was Mr. Parkinson sober at this time?
Sharpe. As sober as any person living.
Q. Have you ever heard the prisoner declare ill will to young Mr. Parkinson?
Spencer. Yes, Mortis was going by where I was at work about a fortnight before this affair happened: he and I were talking about young Mr. Parkinson: I said, He is gone abroad, is he not? he said, Yes, I hear he is; I wish I had known before he had gone, I would have bestowed a week's time on him, but I would have killed him before he had gone; and he said that young Parkinson had laid an information against him; I think he said about last May: he said, I had my axe and my bill with me, and if I had known he would have laid an information against me I would have cleft him down.
This gentleman says Saturday was the first time he saw me; I was a hunting with him almost all day on Friday; I shewed him where the hares and woodcock were; he asked me to bring some powder, which I did next day: I am very innocent of the thing; I had no fire-arms with me.
Guilty . Death .
129, 130, 131, 132, 133, 134. (L.) Luke Cannon , John Siday , Elizabath, the wife of John Siday , George Burch , Jane Jones , otherwise Jane White, otherwise Jane, the wife of George Burch , were indicted for breaking and entering the dwelling-house of John Greenfield , on the 15th of December , about the hour of two in the night, and stealing one thousand six hundred yards of muslin, value 400 l. three hundred and fifty yards of muslin for neckcloths, value 35 l. two hundred and fifty yards of bordered muslin for handkerchiefs, value 37 l. four hundred yards of holland, value 80 l. one thousand yards of irish cloth, value 80 l. twenty yards worked muslin for aprons, value 18 l. seven yards of worked muslin for ruffles, value 4 l. thirty yards of flowered lawn for aprons, value 7 l. 10 s. one hundred yards of scotch cambrick, value 30 l. forty yards of damask cloth for table-cloths, value 30 l. forty yards of diaper cloth, value 25 l. twenty yards of white cotton cloth, value 25 s. five hundred yards of printed lawn for handkerchiefs, value 60 l. thirty yards of silk and cotton cloth for handkerchiefs, value 3 l. 10 s. twenty-five yards of silk handkerchiefs, value 6 l. forty yards of printed cotton cloth, value 4 l. two hundred yards of silk and cotton cloth, value 25 l. sixty yards of nankeen cloth, value 23 l. forty yards of silk, value 7 l. three gold printed waistcoat shapes, value 18 s. sixty yards clear lawn, value 13 l. 10 s. two hundred and ninety-eight yards of dimity, value 34 l. 10 s. and two yards quilted cotton cloth, value 10 s. the property of John Greenfield , in his dwelling-house . And, Elizabeth, the wife of William Siday the elder , for receiving, on the 16th of December, two hundred and seventy-three yards of muslin, seventy yards of muslin for neckcloths, seventy yards of bordered muslin for handkerchiefs, thirty-six yards of holland, two hundred and five yards of irish, thirty yards of other irish, eight yards of worked muslin for aprons, one yard of worked muslin for ruffles, fourteen yards of flowered lawn for aprons, two yards of scotch cambrick, fifteen yards of damask cloth for table-cloths, twenty yards of diaper cloth, one hundred yards printed
John Greenfield . On Saturday the 15th of December last, I locked up the house and took up the key: in the morning the maid came up to me and told me somebody had been in my house; I went down into the shop, there I saw the goods in the back compting-house; the holland and table linen were brought forward and laid at the end of the compter. There is nothing to be seen of a night; the shutters all shut up, and the compter locks, so that nothing is to be seen. There was one bundle of Irish in a wrapper, tied up like an handkerchief, laid close by the street door; the street door was pulled to; the goods that lay on the compter were brought out of the back compting-house, which had been broke open; a pannel was taken out, and the box of the lock was unscrewed and taken off. The holland, the muslin, the damask table linen, and the cambrick, were taken out of the compting-house. In the shop there were two locks off, and the side shutters broke; one on the right side, the other on the left: some printed furniture cottons were taken out of one side, and some callico wrappers on the other side, and two compters were broke open: the compter slaps stood up edge-ways: there were printed lawns, figured and corded dimities, silks, and silk burdets; silk and cotton handkerchiefs, silk handkerchiefs, and I think some checks; there were several sprigged muslins and figured lawns and nankeen cloth: the street door was pulled to, the chain taken off, and the lock unscrewed. Some bundles of Irish lay at the street door, and some muslin neckcloths: the irish was removed out of the compting-house, that was all that was left of about fifty pieces; there were about eight or nine pieces; the neckcloths came out of the compters in the first shop. There was a piece of wax candle burning upon a pile of sheeting in the compting-house; it was in a flat candlestick, and a candle in it alight that had been taken out of the kitchen, up two pair of stairs.
Q. Do you know any thing of the candle?
Greenfield. I do not.
Q. What size was it?
Greenfield. Rather bigger than a long six; there was about one part out of three left. I found the matches lay in a window of the bed-room up one pair of stairs in the back room. The window they got in at was nailed up quite round; that window looks into Mitre-Court. A pain of glass was taken out of a closet window, but there were iron bars and they could not get in; there were inside shutters to that window, which were pinned with iron pins over night; they were bursted open.
Q. Did you lock the street door yourself?
Q. Did you lose any muslin?
Greenfield. Upwards of 500 l. worth.
(The articles in the indictment repeated to him.)
Q. Did you lose these several articles?
Q. To what amount?
Greenfield. To the best estimate I can make, my stock was worth, before I was robb'd, 2500 l. I cast up my stock after the robbery, and it only amounted to 1116 l. the first thing I did I sent for some gentlemen in the city; we went to Sir John Fielding 's directly: we had bills printed to send to pawnbrokers and coachmen. Next morning, I offered a reward of 20 l. and Five per cent. Afterwards people censured me, and said I robbed myself, because I offered so small a reward: then I offered Twenty per cent. and got the king's pardon; that did nothing. Mr. Stratford's robbery was a month after, and then they were taken up: Sir John Fielding 's men came to let me know they had taken the prisoners; they brought Sarah Dunster first in a coach with a bundle of goods to my door, almost five weeks after this. I was at the coffee-house when Mr. Fielding's man came and told me he had a woman with some of my goods; I opened the bundle, and saw they were my property. There were some flower'd dimity, twelve fine damask napkins: she brought one piece of diaper napkin very fine, one large damask table-cloth, two ditto, three remnants of flower'd dimity, one remnant of quilting, one of corded dimity, and two remnants of irish, that she had in her apron; they had my marks on them: the napkins generally come by setts, a table cloth and twelve napkins together. We put the same marks on them. I think they are marked I | U, but the marks are my own hand writing. I went to old Siday's house,John Fielding 's men. The goods were up stairs in trunks and chests; and the old woman was washing in the back room, when I went in, some damask table cloths of mine cut across, and some callicoe wrappers and muslin neck-cloths: she said a person had brought them in the night, and desired her to wash them.
Q. Did she continue washing these things after the men were at her house?
Greenfield. Yes; I understood so. I went up stairs and the men shewed me some of the rest of the goods in trunks, chests, and the like: I found, up one pair of stairs I think, three pieces of book muslin, two hundred and seventy-three yards; seventy yards of muslin for neckcloths, two hundred and five yards irish, thirty yards irish, eight yards worked muslin for aprons, two yards scotch cambrick, one hundred yards printed linen, sixty-one yards silk and cotton cloth, gold printed; fifteen yards of dimity.
Q. Is that woman Siday's mother?
Greenfield. Yes; the goods are all here now, I have looked them all over; they have almost all my own marks, in my own hand writing.
Q. Are you able to swear, the goods, or any part of them, found in this woman's apartment, were those you was robbed of?
Q. Did the woman say the things up stairs were brought to wash as she said of the others?
Greenfield. I don't know she said any thing particular of them.
Dorothy Johnson . I lived servant with Mr. Greenfield: the house was robbed on Sunday before Christmas-day: I locked the door over night; the window up two pair of stairs was fastened over night: I locked the door and carried the key up to my master's room, and all was safe: I came down next morning about eight; I found the one pair of stairs chamber door open; the window was open: I went up and called my master; I came down along with him; a pane of glass was taken out and the shutter forced open; there was a bundle of cloth lay near the door, and the street door was open; the lock was screwed off: I got up at half an hour after six, and came down at eight.
Q. Could any body go out without taking the lock off?
Johnson. No; there was a wax candle alight upon a box and upon some wrappers, I think callico wrappers; it was in a flat candlestick which had been taken out of the two pair of stairs room: the candle was not ours; there might be about half of it burnt; my master searched and missed his things.
Q. It was light when you came down?
William Taylor . On the sixteenth of January in the evening, an information was brought to Mr. Bond, clerk to Sir John Fielding , of Mr. Stratford's robbery which led to a discovery: we went to the house of John Siday ; we went into the one pair of stairs room with the son: Siday got out of bed and got under it in order to secret himself; we found Siday's wife there: the street door was upon the latch: we went up and they opened the door.
Q. Were they in bed?
Taylor. Yes, I believe they were all together; Siday had his breeches and stockings on but nothing else: these goods were locked up: Siday gave me the key to open the drawers they were in (the goods produced) fourteen yards of holland, nine yards of irish, a remnant of sprig muslin, two yards; and eight neck-cloths; they were washed but had never been worn.
Q. from Siday. Can you swear to them?
Greenfield. They have been washed, but I lost of them
Q. to Prosecutor. What are marked?
Greenfield. The spring muslin is marked O | U. the holland I | U. the irish are cut into shifts; there are no marks to them; seven handkerchiefs are cut separate without any marks.
Q. to Taylor. How long did you stay in this room?
Taylor. About half an hour.
Q. What did they say?
Taylor. Mrs. Siday said, it was linen she bought; in opening another drawer, where there were some pistols, &c. we found this ticket (producing it.)
Mr. Greenfield. This was a ticket upon a piece of scotch holland sheeting, takes out of the compting-house.
Taylor. I found a bullet mould, a brace of balls, and two powder horns; the pistols were found in a drawer of a chest of drawers; the ticket was found in the same place; Siday opened most of them himself, except the bottom drawer, where the pistols were: Burch was
Prosecutor. Here are two diaper table cloths marked, three damask cloths with my mark, a fine diaper piece of cloth with my mark, one piece of gulix holland with my mark. It will be almost impossible to find the marks of them all, they are in different places: I have looked them all over, most are marked; here is a whole piece of muslin with the mark upon it.
Q. You mentioned there was a piece of fine diaper cloth, part of which were found at Dunster's?
Q. Is there any part of them, that are parts of a set found in any other people's custody?
Greenfield. I don't know that there is; there were but two sets of diaper, the other set was in Siday's possession.
Q. to Taylor. Where did you find these goods?
Taylor. All in Burch's room; these two boxes were full, the rest were laying about.
Prosecutor. That Siday was married the morning they were took.
Taylor. We went to old Mrs. Siday's house on the seventeenth of January, about nine in the morning; her house is in Shoe Lane; Mr. Bond and I went together, she was washing; we asked for Mr. Siday; she said he was out; we told her we were informed there were some of Mr. Greenfield's goods in her house; she said, she knew nothing about it. We found these three bags of goods there (producing them). Mr. Greenfield looked at the things; she was washing, and said they were his.
Q. to Taylor. Can you tell what quantity of things were found at Mr. Siday's?
Taylor. A large quantity, more dry than wet; some were found in the two pair, some in the three pair of stairs; there were some in chests, some tied up in other things. One Jennings and his wife lodged there at that time, but not in the room in which we found these things: we told her they were Mr. Greenfield's things; she said, they were left there by a person. We staid there about two hours, then we took Siday and the things to Sir John Fielding 's
Mr. Greenfield. Here are seven pieces of Irish all my mark on them that were found at old Siday's; here is the piece of holland sheeting that ticket belonged to; most of them have my marks upon them; there is a mark upon the table-cloth that was cut in two which she was washing.
Nicholas Bond . I went on Wednesday in the last sessions week: I was in court about seven; I was sent for out by a man who said a Jew had offered him a diamond ring; I went to the Jew, took him to Sir John, he gave information that he had it of Cannon and Siday: I went with him to Siday's lodgings in Seacoal Lane; he went up stairs to their room softly; I went up with him; at the second knock they opened the door; Cannon stood in his shirt; I saw the other go out of the bed, and get under it; I sprang upon Cannon, and secured him, and called to them that were with me, and they secured Siday: I found these things upon a second search in the bottom drawer of a chest of drawers: I did not perceive that drawer at the first search (produces five loaded pistols, are iron crow, several chissels, and also an iron key.)
Q. Do you know Siday's business?
Bond. I believe, a printer. Cannon's a gentleman's servant: we took them to Sir John Fielding 's, and after he had committed them, the Jew sent for me, and told me he had forgot to tell me he had bought two handkerchiefs of George Burch : I went with him, nobody answered we broke the door open; this was two doors from Siday's in Seacoal Lane; we found nothing. Next morning, coming through Bartholomew's Hospital into Smithfield, I met a woman; I thought I knew her; she had a bundle in her apron; I thought they were Mr. Greenfield's goods: that is Sarah Dunster : she had some muslins and things in her apron: she told me she had the things at Mr. Siday's, who keeps a pork shop in Shoe Lane: I left her in custody while I went to Siday's; we found several handkerchiefs in the bureau in the shop: I went up stairs; in the top pair of stairs the garret door was lock'd: I look'd thro' a vacancy in the door, and saw two or three doors lock'd: I went down and ask'd for the key; she said she had not got it; we broke the door open, and found the three bags of linen, &c. now produced. On the 25th I had an information where Burch's father lived; I went; it was at the Greyhound in Grub-street; I had
Q. Dunster said she had these things from Burch?
Q. That you found by being there the night before to be a falsity?
Bond. Yes; and then she directed me to Siday's lodgings.
John Clark . I took this book from the upper shelf in Burch's lodgings, containing an account of muslin and dimity (read) thirty-six neck-cloths, 2 l. 12 s. 6 d. twenty-five pocket handkerchiefs, 1 l. 7 s. 9 d. printed gown and linen, 11 s. 8 d. fifteen aprons, 2 l. 3 s. ten white handkerchiefs, 1 l. two black handkerchiefs, 4 s. 6 d. it is cast up 10 l. 19 s. 11 d. thirty yards of muslin, at 3 s. 6 d. per yard; book muslin, thirty yards, at 5 s. per yard; nineteen yards, at 2 s. twenty yards at 5 s. book muslin, fourteen yards, at 7 s. per yard; twenty-four neckcloths, 1 l. 6 s. two book muslin handkerchiefs, 4 s. 6 d. two white ditto, 4 s. four ditto, 8 s. two aprons, 8 s. four white handkerchiefs, 8 s. two pocket ditto, as, six neckcloths, 12 s. six ditto, 14 s. five ditto, 7 s. eighteen handkerchiefs, 18 s. thirteen aprons, 1 l. 15 s. six white handkerchiefs, 12 s. three pocket handkerchiefs, 1 s. 6 d. seven shifts, 1 l. 4 s.
Q. from Jury. Is there any date to it?
Clark. No; I don't see any.
Sarah Dunster . Mr. Noakes stopp'd me one day by Bartholomew's Hospital: I know all the prisoners but old Mrs. Sidey; I never saw her till in New Prison. I was in bed in my lodgings in Little Britain the morning I was took: about seven o'clock old Siday came and called his son, William Siday , to get up; he was in bed with me. He asked him why he should get up. He ask'd me to get up, and go to his house; he said, You, Sal, are pretty strong to take a b undle. I ask'd what bundle I was to carry: he said, I was to go to his house, and ask for a bundle of table linen that was marked; which was given to me by a woman outside the door, a middle-aged woman. I was to leave the bundle at my lodgings for old Mr. Siday and young Mr. Siday. As I was going along with it Mr. Noakes stopp'd me; I was frightened: I told them I would tell them where I had the linen from: I took them to Siday's.
Q. How came you to say you had it from Burch's?
Dunster. Mrs. Burch had been to me to desire me to carry a bundle the same morning, but I refused it: she was concerned in the robbery. I gave Mr. Noakes and Mr. Bond an information where I had the linen from: I was in John Siday 's room one week after the robbery was done; John Siday , his wife and one woman, whose son was hanged: her name is Burd.
Q. Be particular what the conversation was?
Dunster. They were advertised about Mr. Greenfield's affair. A woman gave Mr. Greenfield intelligence that his house was robbed, but she did not apprehend the thieves. Mrs. Burd said they had been out one day, and pawned ten or seven guineas worth of muslin and aprons, and they were afraid of being took, and said an information was laid against them.
Q. Was it said who was concerned in breaking open the house?
Dunster. Jane Burch , Siday, and his wife were all concerned in the robbery. Then I went after the first time to Burch's lodgings, next door but one to Siday's: Burch was bundling up a great quantity of muslin; she went for a box, but could not get any: there was a box in the room, which he fill'd full, and his wife wash'd a great quantity of the goods and put them on the lines to dry: he said, they were going away upon Mr. Greenfield's account, for they were afraid of being took.
Q. Did Burch and his wife go away whilst you was in the room?
Q. The goods were given you out of Mr. Siday's house?
Dunster. Yes; they never came to my lodgings before that time.
Q. And you don't know the woman that gave them to you?
Q. How came you to tell Noakes when he stopped you that you had them from Burch?
Dunster. Mrs. Burch came up to that morning.
Q. Why did you tell the officer a falsity?
Q. It was at old Siday's persuasion you went?
Dunster. Yes; but I thought it was all Burch's contrivance.
Q. Did not they ask you what those goods were, and whose.
Dunster. They said I was the woman they wanted; they asked me where I had them from; I said I did not know: Noakes asked me where Burch lived; I told them where Burch lived, but did not say I had the linen from Burch; I cannot swear to it I was so frightened.
Court. I suppose you would rather have had this fall upon Burch than Siday?
Dunster. No; why should I?
Q. Why, you lived with Siday's son?
Dunster. That is no reason.
Richard Ferras . I am a pawnbroker; I have here a bit of muslin which I gave a duplicate of to Elizabeth Siday , wife of John Siday the younger, it is billited in her name; I can't remember the fact: she often sent apparel by a girl; I can't say whether it was from her or the girl; I took it on the eighteenth of December.
Prosecutor. This is sprig-worked, the same pattern as that I lost.
Prosecutor. Here is my mark upon this muslin handkerchief.
David Jarvis . I am a pawnbroker; I took in of Jane Siday the elder, these things (producing them) they were pledged between the eighteenth of December and fifteenth of January; some holland, some irish, and some lawns, and here is a piece of nankeen. Prosecutor. There is a remnant of holland sheeting about twenty yards, there is a piece of nankeen five yards and a half, four neckcloths, one apron, one black cotton handkerchief, two remnants of cambrick, one remnant of muslin, and three remnants of irish, they are all marked but the neckcloths, which are cut asunder.
Q. Did you know Mrs. Siday?
Jarvis. She had used my shop some time; I knew she kept a pork shop in Shoe Lane.
Court. This is a little suspicious for a woman keeping a pork shop.
Jarvis. I said Mrs. Jennings, for she came to me by that name, this is a large piece of fine holland; she said, her husband had took it for a debt. She had brought me good things, and I had no suspicion of her.
Dunster. She used to walk the Piazzas, Covent-Garden, she was not married then.
I was down at Bath at the time the robbery was committed, in Mr. Stratford's service.
On Christmas Eve my brother came to me, and brought me these pieces of linen, and asked me to buy them. I bid him let me look at them. I asked him, What will you have for them? he said, Three guineas: I bid him two; he took the money. Here is a chair-woman that was cleaning out my wife's room, at the same time, saw it; her name is Sarah Farr .
The Hon. Mr. Stratford.
Q. The prisoner says he was in your service at Bath at the time of this robbery; When did you come from Bath?
Mr. Stratford. The 24th of December he was with me at Bath.
Q. How long has he been in your service?
Mr. Stratford. I should think he must have been there on the 15th.
Mr. Stratford. Yes; I believe he had.
What that woman says is false. On Friday the 18th of January, I think, John Siday came to my house, and asked me to let him leave a box: that his father and he had fell out, and he was going to take his things from his father's. I said I would. I was fetch'd out. He brought in a coach these two boxes and some bundles with the things in them. A young man was at my house at the same time with my wife, drinking tea; he promised to her he would be there the next day. I never saw him afterwards. I was taken up on the Saturday following. He brought them in when I was out at my lodgings in Gray's Inn Lane. I never had any thing at Seacoal Lane.
I am very innocent. William Siday came up with a box; he bid me put the boxes under the bed. I told him my husband would be angry at his leaving so many things there. There was a little pocket book he left on one of the boxes: after he was gone. I put it on one of the shelves; I never opened it.
They were my son's things; he used to bring me to wash; my eldest son, William. I know nothing of any other things besides them I was washing. The things I pawn'd my husband gave me, and ordered me to pawn them.
Q. Which Mrs. Sidays?
Farr. The young one.
Farr. Yes; I saw him on Christmas Eve last: When I was cleaning the room he came in with three pieces of cloth. Mr. Siday bought them and gave him two guineas for them, and told him one of the pieces would make some shifting for Mrs. Siday.
Q. What time of the day was it?
Farr. About six in the evening.
Q. Where was you then?
Farr. In the room I had just done cleaning.
Q. Had they any more rooms than one?
Farr. There is a little room that has a sink in it, and another little room. I was then in the one pair of stairs room Mrs. Siday lived in.
Q. Who was with her?
Farr. Only Mr. Siday reading a book: there were three pieces, two together, and a large piece rolled up.
Q. Did he say where he had them?
Farr. No; there was not a word about any thing else.
Farr. I did not hear.
Q. You did not attend to the conversation?
William Thomas Meads . I have known John Siday from a baby. I have not known him for five years past. I believe the mother is a very honest pains-taking woman. If discharged I would take her into my house this night.
Joseph Walker . I have known John Siday eleven years. I got him apprentice to Mr. Burd: he has often told me he never had an honester, better lad in his life. Burd failed about a year and a half ago; I have known nothing of Siday since.
Q. Has he worked in any one place twelve months?
Q. Was you at Burch's room when Siday came there?
Price. He asked me to come and see him. I went to his house, a court in Gray's-Inn-Lane; he was not at home. His wife asked me to stay and drink tea. The while I was there Siday brought up a little trunk; then a coachman and Siday brought up two great chests between them. Siday's wife asked whether her husband had given them leave to bring them there: he said, Never mind, your husband won't be angry with you. I went away and saw no more; this was on Saturday, a little better than a week before he was taken up.
Q. Had you ever been at Siday's before?
Price. No; I used to go for the paper every morning to Mr. Woodfall's, there I became acquainted with him.
Price. No; I should not have known him now if Mrs. Burch had not called him by his name.
Cannon, Acquitted .
Q. Have you been at service?
Currell. Yes; about two years.
Q. How long have you known the prisoner?
Currell. About a fortnight or three weeks.
Q. Have you any acquaintance with him?
Currell. No further than taking milk of him: he served the neighbours with milk . I know him no otherwise.
Q. When was it he offered you the injury?
Currell. I forget the day of the month; my father can tell, I cannot: it was on Tuesday.
Q. How long was it ago?
Currell. It is going on a month. I had known him a fortnight before this happened. I live in Brook-street. About twelve at noon I was going from Brook-street to Norton-Falgate work-house. I met the prisoner upon the road a going from Brook-street.
Q. Is that an open road?
Q. Are there no houses?
Currell. No, not up the road; none along the road. I met him in the road talking to another man. He turn'd round and saw me, and said, How do you do young woman, how do you do, my dear? he asked me, where I was going; I said, to Norton Falgate: he made his obeisance to the man, and the man to him, and they parted; and he made up to me directly. He asked me again where I was going to; I said, to Norton Falgate work-house: he
Q. Did you tell him so?
Currell. Yes; I never was there before in my life. I said I was obliged to him: When I came to Whitechapel, there was a turning on the right hand, that was the turning my father bid me turn down. He said that was not the right way, he knew a nearer way, and he would shew me. I told him I was obliged to him; I went with him; he took me from house to house afterwards.
Q. Where was it he carried you to first? Had you been into any house before this?
Currell. He asked me coming up the road to drink, and said he was cold; I said I would rather not: he at last persuaded me to go to a house, and have a pint of two-penny.
Q. Where was that?
Currell. At the King of Prussia, up the road, from Brook-street.
Q. Did you drink?
Q. Did you go into any other house before you came into this turning?
Q. What was the next house?
Currell. I walked a good way; I did not know the houses we went into afterwards.
Q. What time of the day was it when you went into the second house?
Currell. I do not know.
Q. Was it pretty late in the afternoon?
Currell. I do not know.
Q. What was the sign?
Currell. I do not know.
Q. What had you there?
Currell. A pint of two-penny; and then we went out and walked on a good way.
Q. Was it on the road, or how?
Currell. Through roads, streets and turnings; then we went into another house, he went to the bar, and called for some gin, and he drank a glass of it; then while the woman was pouring out another, he said, How do you do, madam? She looked at him. and said, How do you do again? He then asked me to have some, I would not, I went out; he also asked the woman to drink, she said no, she had rather not, and poured it back again; then he took up his money; we went in at one door, and out at another.
Q. Do you know where that house was?
Currell. No; he crossed a street, and went down another turning.
Q. What o'clock was it by this time?
Currell. I cannot tell.
Q. How long had you been walking with him?
Currell. From the other house to this I believe about an hour.
Q. How long might you have been in walking from Brook-street to the first house?
Currell. About half an hour; not quite so much.
Q. About an hour and a half in all?
Currell. Yes; I believe so.
Q. What became of you then?
Currell. Then we kept walking along; he went into another house, and had a pint of beer.
Q. Where was that?
Currell. I cannot tell; then we walked a good way further. I was taken very sick as I walked, all at once: he asked what was the matter with me. I said I was taken very sick: I said I had sat up on Monday night all night, to give my father a sweat, and being without victuals all night and all day made me sick. He said, he should come to a house where he was known, and would get something warm: then we came to a publick-house. I did not know the publick-house; there he had something to drink. I did not touch it: I was very sick: I puked in a corner of the house: the maid of the house brought me a little piece of beef-stake upon a piece of bread, and prayed me to eat it. I pulled off my hat and laid it on the table; the maid took it backwards. I said, Where is my hat, when I came to. She said, she had carried it into the kitchen: she fetched it to me, and asked me to go backwards into the kitchen. I said, I could not stay. Clark said, We must go. We stayed sometime in that house. I cannot tell rightly how long we staid; I fancy full two hours and a half: then we went out again and walked a good way, till we came to an old broken house where we went in; he went first, as he did all along; I followed him and thought it a thoroughfare.
Q. Do you know where this house was?
Q. Don't you know now where it is?
Currell. No: I thought it was a thoroughfare; when he went in he said, Come along; then he turned himself round, and
Q. Was it light or dark?
Currell. It was almost dusk; I was crying out Lord have mercy on me! Christ have mercy on me! I am ruined! He said, in the mean time. Humph! G - d d - n me, is there no entering into your body. Still I kept crying out, Lord have mercy on me, Christ have mercy on me! I am ruined! nobody came to my assistance. He put up; then I got up and stood at a broken place like a window, till I came to.
Q. What do you mean by, till you came to?
Currell. I was in such pain and agony I did not know how to come to. I went with him down a road and up a street to a house in a court: there was a woman there said, how do you do Mr. Clark? he said, Mrs. Clark how do you do and your husband? she said, he was indifferent but was not come home. He said, will you take care of this young woman for all night? she said yes she would.
Q. Was it quite dark by this time?
Currell. It was between seven and eight; it wa s quite dark: afterwards he said good night; I made answer in my fright, pray are not you a coming in again? he said, no; you will know where to find me in the morning. I said, how shall I know where to find you? he said, very well: he bid me and Mrs. Clark good night; and went out; and they had some potatoes and butter and milk; they asked me to eat. I said I was obliged to her I could not touch any thing; she put two potatoes in the fire, and asked me to eat them. I said I could not. She said she would make me some toast and butter if I could eat it; I told her I could touch nothing: she asked me afterwards if I would go to bed? I told her no: then she asked me again, I said in a minute or two; in the mean time I sat see-sawing in the chair in great agony, wringing my hands, and stamping my feet, and crying. I told her in the morning how I had been used; she said she durst say nothing on account of her husband: then I went to bed, I fancy between nine and ten o'clock. About three in the morning I mentioned it to her; I was ashamed to mention it before her father and her husband.
Court. You did not mention her father and husband before.
Currell. Yes, I did. About three o'clock her husband, her children and father were fast asleep.
Q. Did the husband and wife lie in the same bed?
Currell. No; I lay with the wife. I told her how I had been used in every shape. I cried; the woman said he had been a great blackguard, for if it had been her own husband she would not have took his part. Between seven and eight in the morning I got up and came to my cousin's at Norton Falgate workhouse, where I had been going on Wednesday morning. My cousin came with me to this woman's house where I was left.
Q. Where was that?
Currell. In Duke's Court.
Q. What is your cousin's name?
Currell. Currell. She and I went to Mrs. Beslington's brouse. She lives in Webb's Court. She desired us to go to this woman's to enquire after this man.
Q. How near is Webb's Court to where this Mrs. Clark lives?
Currell. About a quarter of a mile. She did not go with us; she was dressing her husband's dinner. We were to go to Clark's to enquire the character of the prisoner; when we came there my cousin said, How do you do ma'm? she asked in what form I was brought in? whether I was in liquor? she said no; I was over-frightened; for I had been used very ill. My cousin asked her is he was a single or married man? she said a married man; and had a wife and three or four children. My cousin asked where he lived? she said somewhere about Whitechapel, she did not know where. This woman told my cousin how I see-sawed in the chair, wrung my hands, stamped my feet, and cried. She told my cousin when she went to bed to me the bed shook under me, and she never saw a poor creature tremble as I did. I told her in the mean time what I had lost in endeavouring to get from him. I lost a double flounced silk handkerchief, a silk and cotton handkerchief, and a pair of gloves; then my cousin went home and went to her sister's; this man had been to this Mrs. Clark's to enquire after me about ten o'clock that
Q. What did she mean by that?
Currell. To know what he meant by taking me out of my road.
Court. Was it not to know if he would make you any satisfaction?
Currell. Yes; we did not see him; then we went back to my cousin's house; he went to my father's, and said he wanted to make me amends to marry me. My father asked him what terms he came upon, and what he meant? he said he wanted to marry me and make me amends. Then my father said I do not know what you mean by making amends; what have you done to my child? my father did not know but what he had killed me. My cousin sent him a letter on Wednesday night. He had it on Thursday in the evening. My father was so lame he could not come to me; he sent a neighbour that lives opposite us; she was coming to Whitechapel; she came to my cousin's and told me I could not tell her more than she had heard; he had told all over the place how he had been with me. My father said, if you have done my child any harm how can you make her amends when you have a wife and three or four children? He came to my father's several times with two or three friends. He could not rest till he saw me. I saw my father on Thursday when I came home.
Q. Did you tell your father what had happened to you?
Currell. No. The woman told my father. I was ashamed to tell him.
Q. When did he come to your father?
Currell. This was on Tuesday. He came on Wednesday morning about ten o'clock; he kept coming all the day. He came on Wednesday and Thursday till he did see me. A neighbour went with my cousin and me the second time: when we came she told the very same how I had been ill used in every shape. The prisoner was in my father's house when I came home; which was on Thursday night; I came home with this neighbour, Mrs. Bevington. I found the prisoner at my father's. I was low spirited. I fell a crying. I went into a neighbour's house to endeavour to see my father: before I came in I was informed the prisoner was in my father's house. I did not like to see him for his ill usage to me. I staid a little in the neighbour's house. I went into my father's house; he was a coming in. I went and kissed my father and fell a crying immediately. The prisoner said, Don't cry my dear; I will marry you and make you amends; do not take on. I said, how can you marry me when you have a wife and three or four children? a man with him said, before God he has no wife or chick or child; he is no more married than I am married. This man and he went away; he came next morning; but before he came he sent a letter to me, appointing to meet at the Black boy at Stepney. I said, where is he? why don't he come himself? what does he mean by sending his letters to me? why don't he come to my father? the man made answer again and said, he is somewhere about the neighbourhood, he is not far off; one of my brothers came in in the mean time; the man that brought the letter said, we two will go and see for him; he is not far off: while they were gone to seek for him Simon Clark came in. My father was gone to Shadwell. He sat till the officer came and said to me he wanted to speak a word or two a-side. I was against it; but however Mrs. Wetherall said, you may hear what he has to say; just go into my house: she said it is a town talk already; you need not make it more public. I went into the house, and he went with me; her house joined to my father's: when he went in he said, Well; I hope you will not be hard hearted; I hope you will make it up; and said, I am very sorry that I have ill used you so bad as I have. I said, you have been very cruel to me; and used me in a very bad manner: he could not deny it. I said, every thing you have done, you have done by main force, and all against my will. He could not deny it; all his cry was, he would marry me and make me amends. The officer came and took him; he was not in the house above three minutes before the officer came. They went into a public house. While he was there, he ask'd my father to make it up. My father said, it was out of his power, as he had been before the justice. We went to the justice on Thursday night, and had a warrant granted to take him. The officer went after him that night, but could not find him. He took him on Friday morning: he put his hands together, and told the justice he never
Q. Where is it this Mrs. Clark lives?
Currell. In Duke's Court, Kingsland Road.
Q. How near is that to Norton Falgate?
Currell. It may be a mile from Norton Falgate.
Q. Have you found out whether the man is married?
Currell. His wife and four children came down to my father's.
Q. If he had not been married, I suppose you would have accepted of that satisfaction?
Currell. I should not, because of his ill usage.
Q. You tell us you sat up all night with your father?
Q. You had not eat any thing?
Currell. No, nothing but two or three dishes of tea in the morning: I had not had a bit of bread in my mouth.
Q. How many pints of beer did you drink part of?
Currell. About three pints of two-penny, and one pint of beer: there were two publick-houses I did not taste any at.
Q. Are you used to drink two-penny?
Currell. I am not used to drink at all.
Q. You did not know what was the matter with you when you turned so sick?
Currell. I thought being without victuals, and drinking a little two-penny.
Q. You knew, when you sat out, did not you, how far it was from Stepney to Norton-Falgate work-house?
Currell. I did not know.
Q. You knew your cousin lived there?
Currell. Yes, but did not know the road.
Q. Did not they tell you how far it was?
Currell. They told me which turning to turn down.
Q. You walked for a long while before you got into the second public-house?
Q. Did not you begin to doubt whether he was carrying you the right way?
Currell. I had not the least suspicion.
Q. Not till you got to that ruinous house?
Currell. I had not the least suspicion even then.
Q. How did he behave to you upon the road; did he offer you no civilities?
Currell. No, he did not even brush my cloaths: he only said. Come along, come along.
Q. Did he never kiss you?
Currell. No, he did not offer to touch me.
Q. I wonder you should go with a man you knew so little of, to so many public-houses?
Currell. I did not know that he had any wicked thoughts any more than I had. I did not think but he was going to carry me right.
Q. Have you found out where this house was?
Currell. No, I do not know.
Q. Were there any other houses near this house?
Currell. It was a lone house. After I came out of it there were some white rails on the left-hand side, that is all I can tell of it: it was in a sort of a road.
Q. How could you suppose that was a thorough-fare, an old ruinous house on a road.
Currell. I could not tell.
Q. Was not the truth of the matter this, that this beer had got into your head?
Q. I cannot think that a modest young girl would have gone about with this man if she was sober. I should think this beer had got into your head?
Currell. I don't remember it did.
Q. I suppose you have forgot. Have you found out any of these houses?
Currell. Yes, I found out one; the Barking Dogs.
Q. Are the people here?
Currell. No, I believe not.
Q. You have not subpoena'd Mrs. Clark?
Q. Is Mrs. Basington here?
Q. And Mrs. Wetheral, who is she?
Currell. The woman that fetched me home.
Court. Gentlemen of the Jury. I did not press her to give any particular account of her usage till I heard the general out-lines of her story. If you chuse it I will now ask her as to the particular part.
Q. How far is this old house from Mrs. Clark's?
Currell. We were about half an hour going there.
Q. How did you get there?
Currell. He turned round and asked me to lay hold of his arm. I said, I was greatly obliged to him: I did take hold of his arm.
Q. Did you ever know this Mrs. Clark before?
Currell. No, never.
Q. Did not you think it a little extraordinary to be left in the house of Mrs. Clark, a woman you never saw before, all night?
Q. Did not you ask him if he was coming back again?
Q. Supposing he had not had a wife and children, would not you have married him?
Currell. I should not.
Q. Did you see nobody pass nor repass, in the course of the time you went from this ruinous house, to Mrs. Clark's?
Currell. I recollect there were two or three women walking along that called, and said, I should lose something: my white handkerchief was unpinned. I took and pinned it: they said, I should loose something that was hanging behind me, so I pinned my handkerchief.
Q. Where did he tell you he was going to after he brought you out of this ruinous house?
Currell. He said nothing to me. I thought he was going to my cousin at Norton-Falgate.
Q. How came you to agree to stay at Mrs. Clark's that night; you did not know but you might be used ill by this man again, if he came back?
Currell. I was not capable of walking any where, I was in such pain and agony, and my cloaths were so black and dirty.
Court. This was night you know: had you any money in your pocket?
Currell. I had but one six-pence in the last public-house.
Q. Did he do you any injury?
Currell. He took up my petticoats. When he was forcing me against my will he cried, humbh.
Q. Do you know what is meant by carnally knowing a woman?
Q. You must. let me know what he did to you; you say he forced you against your will: how and in what manner. Did he enter your body?
Currell. Yes, a minute or two after he had spoke those words.
Q. Had you ever been served in this manner by any other man?
Q. Was you ever examined after this by any surgeon, or any woman?
Currell. My cousin Besington saw me.
Q. Consider what you are swearing: I very much doubt whether you was quite sober. Are you able to swear he entered your body?
Currell. That I am very sensible of.
Q. What resistance did you make?
Currell. I cried, Lord have mercy on me, am ruined, and Christ have mercy on me; ruined. I did endeavour to get from him I could not.
Q. Your hands were at liberty, wy not?
Currell. Yes, and I endeavoured with him off, but could not.
Q. Where is your cousin Currell?
Currell. In the work-house.
Q. Why was she not here?
Currell. I did not know she would be wanted.
Elizabeth Besington . I live in Bailey Court, Webb's Square, Shoreditch. The girl came to me on Wednesday, the day after this happened, between ten and eleven o'clock; my husband's sister, Elizabeth Currell , came with her: she was in a very dirty black condition: she told me how this man had served her; that he had taken her up in a ruinated place with nastiness in it, and had used force. I sent a letter to her father, in which I desired him to come to me and I would let him know particulars: he could not come, so he sent a neighbour next day. He did not receive the letter till the next day. It was sent by the penny post. I went with them to Mrs. Clark's house: I asked her whether she was in liquor, and how she behaved. Mrs. Clark said, No, She was frightened; that she trembled and wrung her hards, and shook so, that she was sorry to see her, and that when she went to bed the bed shook under her. I asked her if she had told her how things were. She said, Not till she went to bed. Then she told her the prisoner had used her very ill: shsaid she was as cold as death.
Q. Did you examine her?
Q. I mean to ask if you examined her person to see if there was any appearance of force?
Besington. I am not a midwife. I can't say there was an appearance upon her linen. - I did not examine her body.
Priscilla Wetherall . I heard of this story on Thursday morning; the girl's father had a letter from Mrs. Besington. I went to the gt; she cried and wrung her hands, and walked about the room. I saw the prisoner on Wednesday morning at the end of my place, a little court. He said he had left her in a sober house, and would go and shew the women where he left her. He spoke to Elizabeth Currell , the girl's sister. He said he was in liquor, and she was in liquor, and he could not tell whether he had done any thing to her or not; but he would shew her where her sister was, for he had left her in Duke's Court, at one Mrs. Clark's. He came to the father, and all his cry was, Father, where is your daughter? Her father said, he could nor tell, he ought to know best. I went to the house, and found her in a striped bed-gown, wringing her hands, and walking about the room. The woman was making the bed. This was on Thursday. On Friday he was taken up. He came to the father's house about nine o'clock: he was talking about marrying her, and sat down close by her; she said she could not consent, because he had used her so ill.
Q. Was that the only objection?
Wetherall. Yes, the only one that I know of; and not only so, but she heard he had a wife and children. He wanted to speak with her: she went to the entry with him. I went into our house with her; he would say nothing while I was there. I went up stairs: she said to him, You know you have used me very cruelly, and I did not consent till the last minute, nor that minute neither.
Prisoner. I always went about the street with my milk night and morning.
Wetherall. I know him very well; I never knew any harm of him; he served me with milk.
Every body knew I was married. I met the girl one day; she said, How do you do, milkman? She asked me to drink a pint of beer with her; I went with her, and never stopped till we came to Norton Falgate. She said she would treat me with another pint of beer there; we had another pint of beer there. I said, that was Norton Falgate. She said she would follow me, and go along with me. She followed me; I could not get rid of her; she laid hold of me, and put her hand in my breeches; and she followed me at night again: there I left her. She would follow me at every place. As to using her ill, I did not.
For the Prisoner.
Ann Francis . I live at Mr. Sodoway's, the Barking Dogs, in Tabernacle Walk, Moorfields. The prisoner and this girl came into our house together; they went into the back parlour. The woman was very fond of the man; she put her hand in his right bosom, and after that she asked for a lodgin g. We told her we had none. She fell asleep, and hit her head two or three times. The prisoner jostled her, to awake her. I said, he would make her sick. He said, No, he wanted her to get up, to go with her friends.
Q. What time of the afternoon was this?
Francis. It was light.
Q. Was it morning or afternoon?
Francis. It was in the afternoon, about five o'clock, between dark and light. She slept about ten minutes.
Q. Can you tell what day it was?
Francis. I did not take notice.
Q. Is this the same woman?
Francis. Yes. I have seen the young woman twice.
Q. How soon after this did you hear the story of his having used her ill?
Francis. I believe about a week after I heard it mentioned in the public house. I believe it is about a month ago.
Q. What had they at your house?
Francis. Six pennyworth of brandy and water, and a pint of gin hot, which they drank before she fell asleep.
Q. Was any body else in this room?
Francis. Yes, other company.
Elizabeth Sodoway . My mother keeps the house. The last witness has lived nine years with my mother. She is a very honest woman: On the twenty-ninth of January last the prosecutor was brought into our house by the prisonerSimon Clark 's; it is all one between me and my husband. She was so much in liquor, she could not walk in. The woman that was along with her said she saw them in Moorfields. The prisoner offered her two-pence to help him to get the prosecutor along.
Q. What time a day was it?
Sodoway. It was two o'clock when they came in; almost five when they went out; about dusk.
Q. Had you any opportunity to observe how she behaved to him?
Sodoway. I saw her with one hand in his bosom, the other hand round his neck, which I thought very indecent.
Andrew Bowyer . I was at the Barking Dogs. The gentleman of the house and the daughter begged I would step in to see the indecency of this man and woman. I saw the woman sitting with one hand round his neck, and the other hand in his bosom; they were drinking together. I went into the kitchen; the maid came a second time to me, and desired me to go and see what they were at: I found her retching then: I saw nothing farther. I believe they were there three hours.
Robert Read . The prisoner and the prosecutor this day month came into the Angel at Hoxton, and called for a pint of beer. The woman fell into a sit; when she came to, she called for her husband; she offered me a shilling for a bed: she got one hand round his neck, the other in his breeches. She was very much in liquor; he told the woman that he had a wife and four children.
Catharine Clark . I am sister-in-law to the prisoner. He brought this woman to my house between six and seven o'clock in the evening; she was very much in liquor. She seem'd to be very fond of him. When he came in he held the door in his hand; she wanted him to sit down; he went away. She went to bed about seven o'clock; she fell asleep while she was eating. She slept all night, from seven o'clock till seven in the morning.
Q. Did not she awake you at three o'clock, and tell you how she had been used by this man?
Clark. No, not a word. She said in the morning she had an aunt at Norton Falgate workhouse that she went to see. She told me that she had a great regard for Clark, and that her father had given her a holiday, and she chose to spend it in his company. She said she had a great liking to him, on account of his crying milk so prettily. About three o'clock in the afternoon a woman came with her that she called her aunt; her aunt told me more than she had done.
Q. Upon your oath did not you tell her aunt that she was very sober when she came to your house?
Clark. No, I did not.
Q. Did not you say she was very much frightened?
Clark. No, she told me next morning that she was more frightened than in liquor; but I did not tell her aunt so.
Q. Did you tell her aunt that as soon as your husband and father were asleep, she told you how she had been used?
Clark. I did not. They came and brought some purl.
Q. They did not make you in liquor, did they?
Clark. Very nigh; I believe I might drink almost a pot of purl to myself.
136, 137, 138, 139, 140 (M.) LUke Cannon , John Siday , Lazarus Jacobs , Jacob Jacobs , and Michael Glannon , were indicted: the two first for breaking and entering the dwelling-house of the Hon . Edward Stratford , on the 12th of January , about the hour of two in the night, and stealing one silver tea vase, called a kitchen, value 44 l. one silver cup and cover, value 23 l. one silver fish trowel, value 2 l. one silver bread basket, value 16 l. two silver hand waiters, value 8 l. six silver salts and spoons, value 14 l. one silver funnel, value 1 l. twenty-two silver table spoons, value 20 l. twelve silver desart spoons, value 4 l. twelve silver tea spoons, and silver tongs, and silver strainer, value 3 l. twenty-four silver-handled knives and twenty-four silver handled forks, value 17 l. twenty silver bottle tickets, value 3 l. two silver tumblers gilt, value 4 l. four silver pillar candlesticks with nozels, value 37 l. one silver coffee pot, value 9 l. four silver pint cups, value 18 l. one silver pint mug, value 3 l. four silver skewers, value 1 l. one silver ink stand, value 13 l. one shagreen case mounted with silver, with divers silver mathematical instruments therein, value 8 l. one parallel rule with silver sliders, value 1 l. one silver cruit stand with six glasses mounted with silver, value 10 l. one silver flat candlestick, value 3 l. two steel cork screws with silver handles and case thereto, value 2 l. one silver soup ladle, value 1 l. two silver gravy spoons, value 2 l. two silver sauce boats and two spoons, value 10 l. two sets of saddle and bridle silver studs, value 4 l. one silver mustard pot and spoon, value 3 l. one silver sugar pot and spoon, value 3 l. one hundred silver buttons for coats and waistcoats, value 8 l. four silver bottle stands, value 9 l. three silver shaving boxes with one brush and eight razors, value 3 l. one silver cream ewer, value 2 l. one pair of silver shoe-buckles, and one pair of silver knee buckles, value 18 s. two silver French-horn mouth pieces, value 1 l. three swords with gold and silver hilts, value 18 l. three sword belts with silver buckles, rings, and swivels, value 5 l. one knife and fork, value 4 l. one gold laced belt, value 1 l. one gold snuff-box, value 22 l. one cane, value 5 l. two pair of gold shirt sleeve buttons, value 4 l. one gold shirt breast buckle, value 18 s. two stone seals set in gold, value 8 l. one silver plated waiter, value 5 l. one silver cross, value 30 s. forty-eight knives, and forty-eight forks, with silver plated handles, value 7 l. one silver plated sausepan, value 16 s. four silver plated candlesticks with nozels, value 6 l. four silver salts and spoons, value 30 s. one silver flat candlestick, value 1 l. two brass barrel pistols, value 3 l. two pair of other pistols mounted with silver, value 12 l. four silver plated labels for wine, value 6 s. four pound of gold and silver lace, value 4 l. one suit of silk andEdward Stratford , in his dwelling house ; and Lazarus Jacobs and Jacob Jacobs with receiving, on the 14th of January , one silver tea vase, called a kitchen, one silver cup and cover, one silver fish trowel, one silver bread-basket, two silver hand waiters, six silver salts and spoons, one silver funnel, twenty-two silver table spoons, twelve silver desart spoons, twelve silver tea spoons and silver tongs and strainer, twenty-four silver handled knives and twenty-four silver handled forks, twenty silver bottle tickets, two silver tumblers gilt, four silver pillar candlesticks with nossels, one silver coffee pot, four silver pint mugs, one silver pint mug, four silver skewers, one silver ink stand, one shagreen case mounted with silver, with divers silver mathematical instruments therein, one parallel rule with silver sliders, one silver cruit stand with six glasses mounted with silver, one silver flat candlestick, two cork steel screws with silver handles and case thereto, one silver soup ladle, two silver gravy spoons, two silver sauce boats and spoons, two sets of saddle and bridle silver studs, one silver mustard pot and spoon one silver sugar pot and spoon, one hundred silver buttons for coats and waistcoats, four silver bottle stands, one silver cream ewer, one pair of silver shoe buckles, and one pair of silver knee buckles, two French-horn silver mouth pieces, three swords with gold and silver hilts, three sword belts with silver buckles, rings, and swivels, one knife and fork, one gold-laced belt, one gold snuff-box, one cane with a gold head, two pair of gold shirt sleeve buttons, one gold shirt breast buckle, and two stone seals set in gold : and Michael Glannon for receiving, on the 18th of January , one pair of silver shoe buckles with diamonds set therein, one pair of silver breeches knee buckles with stones set therein, one shirt breast buckle with diamonds and rubies set therein, and one shagreen buckle case, being parcels of the said goods, well knowing them to have been stolen . *
Mary Brain . I was a servant to Mr. Stratford in January last; I was housemaid; the night before the twelfth of January last the house was broke open; they got in at the fore-kitchen window; there is an area before it; it was fast when I went to bed about ten o'clock; the things were taken off from the window, it was an outside shutter; I saw it about eight o'clock. Cannon had been servant to Mr. Stratford; he was dismissed the day after New Year's Day. John Siday came for Cannon's cloaths that he had left behind him; we did not let him take the things as he had no authority there. Cannon came for his cloaths; and when he went I saw Siday stand at the corner of the street. The night before he went away he wanted me to let him go out to stay all night after the family were gone to bed; he came in about eleven o'clock. I was not to let my master know if I let him out.
Alexander Cornelius . I live with Mr. Stratford; when I got up on the twelfth of January, I was some time before I got into the room; I looked about and saw the press burst open; the mustard castor was split; and I thought the
Esther Chamberlayne . When this man came down and alarmed the house, I found it as he expressed; they had not been in the kitchen; I found every thing in my room but the plate; the plate were, as near as I can recollect, a coffee pot, two pair of candlesticks, two cases of knifes, and there was a great deal more plate. I never saw John Siday till he was taken. I never had any conversation with Cannon about this; he came into Mr. Stratford's service at Bath.
Q. from the Jury. Did you see any matches or signs of candle burning?
Chamberlayne. There was a wax candle in the housekeeper's room; and there was something of a link or flambeau burnt that had dropped all over the floor-cloth; and there was part of a wax candle in the room that was not there before.
The Hon. Mr. Edward Stratford . I went to bed between twelve and one o'clock. I understood and believed the house was locked. My servant came in the morning and alarmed me. I endeavoured to save my wife and the women servants; the maid servant went down stairs. I followed her soon after. I found my door was forced open and every thing of consequence was gone; I set forth a number of things in the indictment upon recollection, but I have lost many other articles that I cannot recollect (all the articles in the indictment severally read, which Mr. Stratford deposed to.) I took the prisoner Cannon into my service at Bath: he seemed very desirous to come to live with me for fear of being pressed. I discharged him at London on the second of January, I think; he came in very much flushed with liquor; I never keep a servant that does so; therefore I discharged him immediately. He hired himself to me by the name of John; I have heard his real name is Luke.
Q. Do you remember losing a picture?
Mr. Stratford. Yes; the French king's picture: I have it in my pocket (producing it).
Moses Levi . I bought some things of them. I buy and sell old cloaths. John Siday called me up stairs at his lodgings in Seacoal lane on Monday the twenty-first of January; there was John Siday and Cannon and Siday's wife, and another young man was along with him; which he said was his brother; but that he knew nothing about it; they shewed me a parcel of cloaths; Siday shewed me the things; I bought them: there was a velvet suit of cloaths. I delivered them up to Sir John Fielding . They shewed me a flesh coloured coat and breeches; Mr. Stratford has that coat on now. I bought three or four; and I bought the blue waistcoat Mr. Stratford has on.
Mr. Stratford. Sir John returned my cloaths to me.
Levi. Cannon was in the room at the same time; there was a silver kitchen, a silver bread basket, &c. as far as I could see they were all broke to pieces.
Q. How much do you think there was?
Levi. I bought six hundred and fifty ounces. I paid for seven hundred ounces.
Q. Who did you pay for it?
Levi. I paid Siday forty-five guineas at first, and a 60 l. note. Cannon took the note from me. I paid upwards of 170 l. in all with the note. I paid it to Siday, and Siday gave it Cannon; they were both present when the money was paid; some I paid to one, and some to the other. I sold the plate to Lazarus Jacob's son.
Q. What business is he?
Levi. There was three of them; one was grinding stones for seals, and another engraving.
Q. Do you know his person?
Q. When you sold the plate who paid you?
Leigh. Lazarus Jacob's son.
Q. How many different times did you go with the plate to Lazarus Jacob's son?
Levi. Three times.
Q. Did you never see the father?
Levi. Yes, once; he was at supper.
Q. Who did you give the plate to?
Levi. The son.
Q. Where was the father?
Levi. He was not in the room.
Q. Had you no conversation with the father then?
Q. Did not he know what you came about?
Q. How many ounces did you sell him?
Levi. Six hundred and fifty.
Q. How much did he give you an ounce?
Levi. Four shillings and ten pence; a good deal was not worth four shillings and six pence.
Q. The plate was unmelted at the time?
Q. Did not you go to Lazarus Jacob for more money?
Levi. No; I never spoke to him about it.
Q. Did not Jacob Jacobs shew you a bar of silver?
Q. The young man at the bar?
Levi. I believe it is him.
Q. What did he say?
Levi. He said it was a bar of silver.
Q. Did he not tell you what it was made out of?
Court. Why was some of it not worth four shillings and six pence?
Levi. A great deal was not sterling; it was uncertain silver.
Levi. The buttons were not.
Q. How much might all you call uncertain silver amount to?
Levi. I can't tell.
Levi. Yes; a gold snuff box; two seals, broke to pieces; a head of a cane and a gold button I believe.
Q. Was that standard?
Levi. I believe some of it was French gold. I gave three pounds and sold it for three pounds again. I lost thirty shillings by it; there were several suits of cloaths and two pair of pistols which I bought of Cannon and Siday.
Court. Did they say how they came by them?
Q. Was the bars of the kitchen broke?
Levi. Yes; and the cock was broke off.
Q. Did you see any coat of arms or crest engraved upon it?
Levi. I believe there was; but I can't read or write.
Q. How came you to make this discovery?
Levi. Saunders came and said, if I wanted two or three hundred pounds he would give it me; he would lay it out for me; I was a little in liquor; I went with this man to a public house; he was to shew me some diamond buckles, and all the while they were nothing but paste. I went to a public house; he told me to stop there for a moment; when I came back from the public house Cannon and Siday would not give me the buckles.
Q. Who is this Saunders?
Levi. I don't see him here.
Q. How came they to take you up?
Levi. I told Saunders, and he discovered me. I never saw the diamond buckles; I saw the rings; they shewed me one pair of paste, which they said were diamond buckles, and three diamond rings; I believe there were nine in all.
Q. What did you give for the plate?
Levi. Four shillings an ounce.
Q. from the Jury. You are certain you bought it of these two men?
Q. Both were acting together about it?
Q. How often have you seen them?
Levi. Two or three times.
Q. You had seen Jacobs as often as them?
Levi. Yes; I have known him twenty years.
Q. Then you must know him very well?
Levi. Yes; I know him by sight very well.
Q. As they were not diamonds, describe them?
Levi. There was one large ring, and one diamond ring; then there was another they told me was a diamond one; and there were two
Q. Should you know them again if you saw them?
Levi. This I believe is what Siday had.
Mr. Stratford. This is my property.
Q. from Siday. Whether he ever saw Cannon in my room at the time these things were delivered to him?
Q. from Cannon. Whether he ever saw me more than once?
Q. I think you say five weeks.
Turner. Five weeks last Monday.
Q. You say you went to Jacob's house on Monday?
Q. Did you go any other day?
Turner. No; I went three times that day.
Turner. A lapidary I believe.
Q. Did Jacobs deal in plate?
Turner. Yes; twenty years ago he did.
Turner. There were two or three in the room.
Q. You say you was much in liquor; are you sure it was Jacob's son you sold the plate to?
Turner. I thought so.
Q. But you are not sure; you said so I think before the justice?
Q. How came you to be taken up?
Turner. Through my own foolishness.
Q. Who stopt you?
Council for the Crown. Who told you so?
Q. Did not you desire to be admitted an evidence for the crown?
Council. It is not five minutes ago since you told the jury that you was apprehended, and therefore you made the discovery; is what you swore then and now the truth?
Q. Was it the truth that you swore then?
Turner. To be sure; I was frightened.
Council. Then you never tell the truth but when you are frightened? Is what you have sworn now the truth?
Turner. On Monday five weeks.
Nicholas Bond . On Wednesday the sixteenth of January, about seven in the evening, I was sent for out of this court by one Saunders a Jew; I had been speaking to him of Mr. Stratford's robbery a little before; I told him there was in particular a large diamond ring; he said he had just been offered the diamond ring; he took me to a public house in the Old Bailey; I went and stood at the corner of the house whilst he went in; he came out with Moses Levi ; I took hold of him by the coat and took him down the Old Bailey; he was very desirous to know what was the matter; I took him in a coach to Sir John Fielding 's; I searched him and found a handkerchief, that Mr. Greenfield has since owned, which contained a quantity of gold and silver lace; he gave an account who the persons were of whom he had the lace; he said they were Cannon and Siday. I can't be particular whether he said he had the plate of them; he said he had the plate of John and William Siday and Cannon. He was asked what he had done with the plate; he was not ready to own that; at last he said he had sold it to Jacob's father and son; he then took me to Seacoal Lane; he knocked, and somebody answered; he knocked a second time and said it is me; then Cannon let him in; he was standing in his shirt: I jumped at him and threw him on the bed. Saunders had told me that it was dangerous; so I thought it best to be as expert as possible; he had only his shirt andJohn Siday ; Siday's wife was in bed; she continued still; we, after some struggle, tied their hands, and began to search the rooms; in the bureau, the key of which Siday had in his pocket, I found this box with a lady's picture in it.
Mr. Stratford. This is my box; and there was a medallion of the French king and my wife's picture in another part.
Bond. I found this table spoon among some linen in a drawer; there is Mr. Stratford's crest upon it. In a closet where they keep coals, I found these two silver sockets for candlesticks (producing them.)
Mr. Stratford. Here is my crest upon one of them.
Bond. In Siday's pocket I found these pair of silk gloves on the bed.
Mr. Stratford. These are what I believe I bought at Paris; they are like them.
Bond. These three pair of pistols (producing them) I found in the room; two-pair belong to Mr. Wallace.
Mr. Stratford. The other pair has my crest on them.
Bond. All the pistols were found at Levi Jacob 's: he told me he had purchased these pistols. I found all these chissels in a drawer in the room (producing a number of large chissels) where Siday and Cannon lay.
Mr. Stratford. Here is a knife in the drawer that I can swear to; it is a particular one.
Bond. I found five loaded pistols in the same drawer. The Jew then told us who he had sold the plate to, namely, Lazarus Jacob's son. I went and took them both. He said Lazarus was present one of the times he went there.
Q. from Cannon. If I was without shoes and stockings?
James Taylor . On the sixteenth of January last, I went with Mr. Bond to Siday's door (he confirms the account given by Nicholas Bond .) I found a key in Siday's pocket; he said it was the key of his bureau. I found this case (producing a case with several instruments.)
Mr. Stratford. All these things are mine.
Taylor. Here is a silver box broken (producing it.)
Mr. Stratford. This is the box the picture was in.
Taylor. Here is a pair of knee-buckles, and one shoe-buckle (producing them) which I found next morning. Here is a bullet-mould, and brace of balls, and two powder-horns, with powder in them; these, I believe, were their own. There is likewise a pair of topaz buckles that Mr. Stratford has got. Mr. Noakes was with me next day: he took out of the bureau a pair of gold weights and scales.
Q. What is Siday's business?
Taylor. He said he was a printer.
Mr. Stratford. I had a pair of gold weights and scales like these.
Q. Do any of you know what is become of that bar of silver?
Q. There was some money found upon them, I believe.
Taylor. Twenty-seven guineas on Siday, eleven and a half on Cannon.
Q. How large was this bar?
Mr. Stratford. It weighed a pound and an half.
John Leigh . On Friday the 18th of July, the day after Mr. Stratford was robbed, Mr. Stratford called, and desired Mr. Turner, who is partners with the prisoner Glannon, might be enquired of by Sir John, to see if he could find any of Mr. Stratford's property. From Mr. Turner's account, it appeared that his partner Glannon was the principal acquaintance of Cannon. Mr. Glannon was sent for; he said he had left a box there. Sir John sent me with Glannon to his house: he carried me through the shop into a kind of back warehouse close by the door: he scratched up the earth (the place had no flooring) to about five or six inches, and then took out this box (producing a box sealed up.) It is now sealed with my seal. He had told Sir John that there was a box; and he told me, I think, as we were going along, that there was a pair of buckles ( Opens the box, and produces a pair of diamond buckles and a drop.)
Mr. Stratford. These are mine; the buckles contain just the same number of stones that I had given notice of.
Leigh. Mr. Glannon took these knee-buckles (producing them;) they were tuck'd in at a cavity between the board and the wall; they are not diamonds.
Leigh. They were so far concealed, that I told Sir John, when I came back, that if I had gone with a warrant to search the house, I should not have found either the one or the other. I asked Glannon whether that was all Cannon had left with him; he several times said, Yes, it was.
Q. from the jury. Did he say he received them himself from Cannon?
Mr. Stratford. He said Cannon and himself had hid them there.
Glannon. I said I saw Cannon do it.
Leigh. Partner with Glannon. Turner was sent for, and he said he had a very slight acquaintance with Cannon, which was merely by his partner, who had formerly been in partnership with Cannon.
Q. Glannon came voluntarily, without a warrant?
Leigh. There was no warrant.
Q. And mentioned these buckles at once?
Leigh. I can't tell exactly: he told Sir John, Cannon had been there either on Sunday or Tuesday, or both: I don't recollect whether he said one or both; and he said he had left a box there.
Q. Did he say anything of Cannon's having taken a lodging at his house?
Leigh. No; he mentioned him with a kind of indignation. He said, that when they were partners before, Cannon went from him, and owed him money. He spoke at first of Cannon as being an unworthy man, that he did not chuse to have connection with.
Q. Did he tell you he was coming to give information to Sir John, if he had not been sent for?
Leigh. I did not hear any thing of that kind.
Q. I think you say he said he was present when the buckles were hid?
Leigh. He said, Cannon and he hid them. He said, as to the knee-buckles, Cannon had made him a present of them for himself.
Q. Did he tell you how long they had been had?
Leigh. Either on the Sunday or the Tuesday: it was on Friday that Mr. Stratford was robbed. Cannon came there on Sunday or Tuesday, and then they hid these buckles.
Q. Did not he tell Sir John he was then coming to give information?
Joshua Turner . I found these things the Friday after Mr. Leigh was at our house. I went to see Glannon in prison; he told me where there was a breast-buckle in the back shop; I went and found it according to his directions.
Q. Where was it laid?
Turner. On the top of some bricks, against the wall.
Q. Was it in a concealed place?
Q. Do you know any thing of a bank note being found?
Turner. The night Mr. Glannon was in prison, he told me there was a sixty pound bank note in a window in the back shop; I found it there.
Q. You say you found the breast-buckle by Glannon's directions?
Q. Was that on Sunday?
Turner. No, on the Friday afternoon. I had been with him two or three times before that; he had been then a week in custody. The bank note was secreted in a bag of hair-powder.
Q. When he told you of this breast-buckle, did not he tell you he had forgot it when he was before the justice?
Q. What was you to do with it?
Turner. He did not give me any directions what to do with it: I took it to Sir John; he asked me to bring it down to him.
Q. Council for the Crown. Did he bid you bring the bank note to him?
Turner. I carried it to Glannon at Sir John Fielding's office.
Council for the Crown. Did Glannon say where he had that bank note?
Turner. He said, in part of payment from Cannon. He said Cannon owed him twenty pounds; that he gave him that note to get it changed, but he had not got it changed.
Court. What is the date of the note?
Turner. The 12th of January.
Alexander Grant . I am a carpenter and undertaker. On the day that Mr. Stratford came to town, I was sent for to put some window-curtains up. On the 26th of December, I saw Cannon in the house then, for the first time. I was in the kitchen at Mr. Stratford's. His late coachman and another man were going down to Tothil Fields Bridewell. I was going that way, and said I would walk with them. We all three went in and enquired for Cannon. Cannon was in the kitchen. We sat down with him, and called for some beer. Cannon drank with us. One word brought up another. Mr. Stratford's coachman was talking with Cannon, and Cannon told him several things that he asked him. He asked him what time they came in that morning; Cannon said, about two o'clock. He asked him how long they were in the house; Cannon said, they did not come out till almost seven. The coachman asked how many there might be in the house; he said, six, and every man had a loaded pistol. He said, it was a happy affair that Mr. Stratford's people were not alarmed; for if they had, they must have been all murdered. He said, that if Mr. Stratford would admit him principal evidence, he could impeach sixteen or more that were in the gang, and tell where every thing was.
Court. Did the coachman, or any body, persuade him to tell this?
Grant. Tomlin said, You may as well tell the truth; and if you can be admitted an evidence, you shall.
Court. Then you should not have made use of it, it is not right.
Q. Are you quite sure that Cannon had said nothing about this robbery before the coachman had advised him to be an evidence?
Grant. He did not say he was in the house when the robbery was committed.
One Sunday, I can't justly tell the day of the month, my brother, and two more young men, came up to me before I was out of bed. I got up, and let them in. They brought in some things: they told me they had been helping a young man to move that was afraid of having his goods seized. He asked me to let him leave them: being my brother, I let him put them into the closet. The next day he brought out the things, and asked me to buy them: he said it was plate: I said I would. I weighed it with the weights and scales that are in court. The Jew came up to me; I asked him if he would buy it of me; he said, Yes. I sold it to him; he paid me the money for the plate and the cloaths. He asked me if I woul d sell him the diamonds; I told him, Yes. I asked him four hundred pounds for them; he said he would give it me. He brought Sir John's men, and took me to goal. Mr. Glannon knew nothing at all about it.
About three days before Sir John's men took me up, I met this Jack Siday and his brother in Fleet-street. They asked where I was going to; I said into the country. Siday told me they were going to look for a room, and asked me if I knew any body that had a room to let; I said an acquaintance of mine had. I went with them to New-street, Covent-Garden; to Glannon's house: they gave him the box. At the same time he said he had four rooms to let backwards: I told him I had two friends with me that wanted a room or two. Glannon and they and I went backwards; nobody else was in the shop. They looked at the rooms, and agreed to give him 4 s. 6 d. a week for the two rooms. Somebody knock'd at the shop; Glannon came down, and we staid up behind. Upon our coming down, this Siday goes into the shed that is backwards; he was to have the use of it. Siday and his brother and I went in, I came out before them, and then they put the buckles, I suppose, in that place. That very night I came home to Siday's house; I was in liquor; he persuaded me to lie down upon his bed. I took off my coat and waistcoat, and laid down upon his bed. I had nothing upon my head, though Mr. Bond says I had a night cap. I slept two or three hours before Sir John Fielding 's men came. I was to go home to my lodgings: I lay at the Bull and Gate in Holborn. I got a coach and came along with them to his lodgings. Siday said, You know Glannon's lodgings; I have taken the rooms backwards, and my brother and I have planted these boxes in the back room: and send word, for God's sake, that he may not be hurt by them. We sent a note first, he did not come, I suppose he was not at home; we sent another messenger, and then Glannon came down. He told him that the buckles were put there byWm. Siday . My friends are all gone now.
Lazarus Jacob's Defence.
I say what the evidence himself says: I know nothing at all of it.
I was out all day on the 14th of July with one Mordecai Levi : he goes out with my father every morning. When he buys a parcel of clothes my father finds the money and gets the profit. He was to go out that morning to buy a bargain of clothes; my father desired me to go with him: I did go with this Mordecai Levi ; we went all up Westminster and that way, till we came to Marybone; we bought some cloaths there for twelve guineas: he said I should have half the profit. We went and hawk'd about, and sold the goods. We went after we bought these things to St. Martin's Lane, about three o'clock; we staid there till between five and six: we found there one Moses Levi and Isaac Callinger . We went down to Rosemary Lane, Rag Fair, and sold the goods, and came home between nine and ten in the evening. I went out at eight in the morning, and did not return till between nine and ten at night.
The prisoner, Mr. Cannon, and two more young men came to me, and ask'd if I had got some rooms to let; I said I had several: I was at that time in the parlour: they staid about a quarter of an hour up stairs, looking into the room I suppose. I saw one of them with Cannon at the shed door: they were doing something there, what I did not know at that time. I was called into the shop to serve a customer. This Cannon told me after some time, that there had been something buried there; what it was then I did not know. I heard nothing more of it till Friday, then a person came to me with a note from Tothill Fields Bridewell. I went there: Cannon and Siday acquainted me, that they had just at the door buried a little case, describing it. My servant, Turner, acquainted me, that Sir John Fielding had sent for me; I asked what he wanted with me; he said he did not know. I never sat down, but went directly to Sir John Fielding 's. Sir John asked me about the prisoner; I told him every thing I knew. He ask'd me if they had left any thing at my house; I told him so and so. I took the buckles up, and went to Sir John's; he committed me. I desired Mr. Turner to go home, and in a bag which contained hair powder he would find a sixty pound bank note: I sent for it that it might not be sold with a pound of powder. On the Friday following I had a boy came to me from Newgate with a letter to acquaint me that there was a shirt buckle wrapped up in a piece of paper on a shelf, and desired me to send for it. Accordingly the next time I saw Mr. Turner, I acquainted him that I had such intelligence, and bid him see if he could find it, to take it to Sir John's; and if he could not find an owner for it, to bring it to me. I am totally innocent of receiving these things knowing them to be stolen.
Mordecai Levi . I saw Jacob Jacobs on the 14th of January; last Monday was five weeks. I was at his house between eight and nine in the morning. I saw a lot of wearing apparel on the 11th of January in Marybone: I could not buy it myself; I had not money. I went to Lazarus Jacobs on Sunday, and told him of it; he said if I would call in the morning he would give me money, or go with me. Lazarus Jacobs was out, so Jacob Jacobs went with me: he said he must not trust me with the money, but must go with me, and lay the money out. He went with me to Castle street, and laid out twelve guineas for me. From there we went to an eating house in Chandois-street, St. Martin's lane, a cook's shop. We got there about two o'clock, or a little after two. We staid there till between five and six. First I eat my dinner, and then we ripped off the lace, and sorted the clothes. I saw Moses Myers , I believe, and a christian there; I don't know his name. From this eating house we went to Rag Fair: he said he could not go home; he would wait an hour or an hour and an half. We came home between eight and nine to Jacob Jacobs ; it was after nine by that
Q. Did you see any thing of Lazarus Jacobs?
Q. Where do you live?
Levi. In Rosemary lane.
Q. How long before this had you seen Lazarus Jacobs?
Levi. I cannot tell the time.
Q. How long after this was it that Lazarus Jacobs was taken up?
Levi. It was three days after this.
Q. Was you ever with him at any other time than this at the buying and selling of these old clothes?
Q. Was you ever with him before or after upon this sort of business?
Q. How do you remember that it was this time?
Levi. Just because of the time of his being taken up.
Council. You said just new you did not know the time he was taken up - Did you meet with any body else that you knew in your journey to Marybone?
Levi. I can't say particularly.
Q. Had you ever been at the cook's shop before?
Q. You said you could not eat at every house: I suppose because of your religious persuasion?
Q. You was there a good while?
Q. Did you see the master of the house?
Q. Did you see the mistress?
Q. What is her name?
Levi. In our language, Rachael.
Q. Is there no waiter there?
Q. Who waited upon you?
Levi. The children: he does not make a great compliment with us.
Q. Who brought your liquor?
Levi. We had no liquor.
Q. Does that woman live there still?
Q. Do you recollect any other name she goes by than Rachael?
Q. Who did you sell the things to in Rag Fair? Did you see any body in particular there that you knew?
Levi. I met a great many people.
Levi. I don't know him at all.
Q. Did you never see him in your life?
Levi. I might have seen him.
Q. What time did you get to Rag Fair?
Levi. It might be seven o'clock.
Q. How long did you stay there?
Levi. Till about nine o'clock.
Q. Two hours?
Levi. More than two hours and a half; I am not positive.
Q. I am told the usual time to market is there at five o'clock?
Levi. They keep in the public houses.
Q. Did you go into any public houses?
Q. What houses?
Levi. The Blue Bear, and Ship alehouse. Jacobs went with me to them all.
Q. Did you drink?
Levi. Yes, where we sold things.
Q. Did you know the persons to whom you sold the cloaths?
Q. When you got then to Lazarus Jacob's house, who opened the door to you?
Levi. I believe somebody was coming out at the street door.
Q. Who was that person?
Levi. I do not know.
Q. Was it a man or a woman?
Levi. I believe a woman.
Q. Did you speak to her?
Levi. No; I stood there about half an hour: then we went into the kitchen.
Q. Who did you find there?
Levi. The mother and sister were there; I did not take particular notice.
Q. Were there any strangers there?
Levi. I did not know whether there were or not.
Q. From the jury. You say you never went with him before this day to buy old cloaths?
Q. Nor never brought any money from him before?
Levi. I had used the house of Lazarus Jacobs. I went into Castle-street, Marybone, to buy these cloaths, a little way up. I saw the cloaths there a day or two before I bought them of the gentleman himself.
Jury. You should have brought that gentleman here.
Levi. We burnt the lace at Cow-Cross.
Court. Does not Lazarus melt down silver?
Levi. I do not know:
Q. What does Lazarus Jacobs or Jacob give an ounce for silver?
Levi. I never sold them any.
Q. Upon your oath, do not you know that they melt down silver?
Levi. I know nothing about their business.
Isaac Callinger . I am a Christian. I am a salesman in Rosemary Lane. I was at the eating-house in Chandois street on Monday the 14th of January. I went there to dine with Moses Myers ; he is an acquaintance of mine, and deals in cloaths: I was to meet him there.
Callinger. I have seen him several times.
Callinger. Yes, that day, together.
Q. What were they doing there?
Callinger. They were eating.
Court. Why do you remember it being the 14th of January?
Callinger. Because I had some business to do there with Mr. Myers.
Q. Did you know of the Jacobs being taken up?
Callinger. Not till I was subpoena'd.
Q. What had they with them?
Callinger. Some bundles; I cannot say what was in the bundles; I did not see them opened. I staid there an hour and a half, or two hours: I left them there: I came away between four and five o'clock.
Court. How long have you lived in Rosemary Lane?
Callinger. All my life-time.
Court. Did you live there all this winter, the whole winter?
Callinger. Yes, always.
Court. Have you ever gone by the name of John?
Court. Are you a taylor and salesman?
Court. Did you never follow any thing else?
Court. I have a letter from a person of your name, is it from you?
Court. Was you never in the King's Bench Prison?
Q. Are you any acquaintance of this Jacob's?
Callinger. No; I have only seen him pass.
Callinger. I have seen him often pass my door.
Q. Do you often meet this Myers about business?
Q. Did you ever meet him at this place before?
Callinger. Yes, once or twice.
Q. Can you tell the day you was with him before?
Q. Why not, as well as this?
Callinger. I did not take notice of it.
Q. Why not?
Callinger. Because I did not go there about any business in particular.
Q. Did you set it down this day at all?
Callinger. In a book.
Q. What, set it down at the time?
Q. Was it set down in a book?
Callinger. There was a receipt between him and me for some money I paid him.
Q. Did you ever shew that to any body?
Callinger. No; I only was known to Levi.
Q. Levi says he did not know the Christian there: did you speak to him?
Callinger. I cannot tell whether I did or no.
Q. How came you to be subpoena'd?
Callinger. Because I was in company.
Q. How did they know that?
Callinger. I cannot tell.
Q. Did not somebody talk to you, and ask you whether you was in company there or no?
Callinger. Myers asked me whether I remembered the day; and Myers told me the day I was there with him.
Q. So you did not remember the day Myers bid you bring that receipt?
Q. Where is that receipt?
Callinger. In a book at home.
Q. Had you any other conversation with Myers about it?
Q. Who gave you the subpoena?
Callinger. A young man gave it me.
Q. Somebody you did not know?
Q. When was the subpoena given you?
Callinger. On Wednesday last.
Q. Could you tell what you was to appear for?
Callinger. I was subpoena'd to appear here.
Q. Could you guess how they came to subpoena you?
Callinger. It struck in my head directly: Myers told me before that I should be subpoena'd.
Q. Is that the last receipt you had?
Q. from the Jury. It was an eating-house you say?
Q. What were they eating of?
Callinger? Roast beef and potatoes.
Q. What were they drinking?
Callinger. I did not mind.
Q. Why not mind what they were drinking?
Callinger. I did not.
Q. What had they with them?
Callinger. A bundle.
Q. In what?
Callinger. A bag.
Q. What do they sell at that house besides eating: do they sell liquor?
Moses Myers . I am a chapman in Rosemary-lane. I was at an eating-house in Chandois-street on the fourteenth of January. Mr. Callinger and I had a little bananas together; and; and we had a mouthful of something to eat. I went in about two o'clock. I said till ale o five. I saw Jacobs and Levi there. I was sitting at the table, and had a bit of soft beet and potatoes. They had two bags with them. I did not see what was in them. I left them there. Mr. Callinger and I went away, and left them there.
Q. What had they for dinner?
Myers. The same.
Q. Are you quite sure they had the same?
Myers. They had some stewed meat, with balls, and some roast beef too, I believe.
Q. Where did you sit?
Myers. At the same table.
Q. Can you tell us what they had to drink?
Myers. We had some beer.
Q. What had they?
Myers. Some beer too.
Q. How soon did they go to dinner?
Myers. We were there till five o'clock. The dinner was ready at half an hour after I came in.
Q. But you don't know whether it was roast beef or no?
Myers. I can't tell. I don't love to say a thing I don't know. We eat and drank together.
Q. But the beef, or stewed meat, or whatever it was, did not stay upon the table from three till half an hour after five?
Q. I suppose it might stay half an hour?
Myers. Three quarters of an hour.
Court. Where does Callinger live?
Myers. In Rosemary-lane.
Q. How long has he lived there?
Myers. Four or five years.
Court. Has he never been out of that shop?
Court. How far does he live from you?
Myers. About fourteen or fifteen houses higher than the White Swan.
Court. What was the business between you?
Myers. In our way of dealing; in buying and selling.
Myers. We had bought a parcel together.
Court. Was this meeting about something you two were buying together?
Myers. Yes. We could not agree.
Court. What was it?
Myers. It was a pawnbroker's stock. We did not buy them, because they were too dear.
Court. Then there was no money paid by you to him?
Myers. There was a little bill, but it was not paid the same day.
Court. So neither of you received any money at all?
Court. So it was not business between you two, but about buying this pawnbroker's parcel?
Council for the Crown. When the victuals were taken away, you all four sat drinking, for half an hour together?
Myers. Yes; for half an hour, or more.
Court. Myers was not to be bail then for Lazarus Jacobs and his son?
Levi. They are obliged to come past my door. I went out to fetch a tea-kettle of water, and I saw him in the room.
Q. How long did he stay after he went out in the morning?
Levi. He went out between eight and nine o'clock.
Q. You saw him come in and go out; how long did he stay?
Levi. He staid about half an hour.
Levi. Yes; I know him.
Q. What room did you go into when you brought the water?
Levi. Into my own room.
Q. And sat by the fire to tea?
Levi. Yes; I saw him pass by.
Court. Was he ever at your house before?
Joseph Levi . I am the last witness's husband, I saw Jacob Jacobs , on Jan. 14, at eight in the morning at Rag Fair. Mordecai Levi called called him out. I met him and Jacob Jacobs in the Ship ale-house between three and four.
Q. Where is the Ship ale-house?
Levi. In Rag Fair. I saw him there at four and again at six. He had not sold his things.
Q. In what?
Noah. I export and import.
Noah. Sometimes linen; sometimes jewels; sometimes cloth.
Q. Are not you a bankrupt now, Sir?
Q. You never was a bankrupt?
Q. How often have you justified bail in the King's Bench?
Noah. Two or three times for my friends.
Q. To what amount?
Noah. So much as I am able to pay.
Q. Have not you known him buy and melt old silver.
Q. Did you never see a crucible in his shop?
Cannon, Guilty Death .
Siday, Guilty Death.
Lazarus Jacobs, Acquitted .
Glannon, Guilty T. 14 Years .
141. (L.) Christopher Moreton was indicted for stealing a woolen cloth coat, one woolen cloth waistcoat, two leather pocket books, one bank note, value 45 l. another bank note, value 200 l. another bank note, value 100 l. another bank note, 20 l. and four other bank notes, value 10 l. each, the same being due and unsatisfied, the property of James Roberts , in the dwelling house of the said James , Jan. 16 , ~
James Roberts . I am a corn chandler ; I live in Fenchurch Street ; I lost my coat and waistcoat, and pocket book on Jan. 16. I had worn the cloaths about an hour before I lost them. I put them in a little counting house, adjoining to the shop. I went down stairs and left them. My pocket book, containing the bank notes, was in my waistcoat pocket.
Q. What were the notes?
Roberts. There was one 200 l. one 100 l. and one 45 l. which were made in my own name. And there was one 20 l. and four 10 l.
Q. Do you know who they were made payable to?
Roberts. No. I staid down stairs almost an hour; when I came up again, I found the counting house door open; but I did not miss my cloaths then.
Q. How does your counting house door shut?
Roberts. It was on the latch on the outside. I went down stairs again for about half an hour. When I came up the second time I missed them. Then I thought of my notes. I went to stop them that night.
Q. Did you ever find any of them again?
Court. How old are you?
Morris. Almost thirteen.
Court. Can you read?
Court. Do you know what religion you are of?
Court. Do you know the commandments?
Court. Do you know whether there is any religion in the world?
Court. Did your mother ever send you to school?
Morris. No; she keeps a green stall and cannot afford it.
Court. Do you know good from evil?
Court. Do you know what will be done to you if you tell a lie?
Court. Do you know any thing about heaven or hell?
Morris. I have heard people talk about heaven; but I know nothing at all about it.
Court. Consider now, when upon your oath, which is the most solemn engagement between God and your soul, if this young man should be hanged for what you shall say, and you should tell a lie what will become of you?
Morris. I believe I should go to hell.
Court. Who told you so?
Morris. Nobody; I thought that of myself.
Court. A very proper answer, tho' I think I never saw so much ignorance in a boy of thirteen years old: but I shall take an opportunity to speak to him. Swear him (he is sworn.)
Court. Do you know the prisoner at the bar?
Morris. I believe I do.
Court. Did you ever talk with him?
Morris. I was going through Fenchurch-street between five and six o'clock in the afternoon, about a month ago, on a Wednesday night: I met two young men by this gentleman's house; they came to me and said they would give me some money.
Q. Did you know the prisoner's name?
Morris. They call him Cut Nuckle, it is a nick name that is given him. One said, he would give me some money if I would not say any thing about them or what they were doing; for they said they were going into this gentleman's house. I saw one of them go in, not both, then I followed them: it was not the prisoner, it was Waters that went in.
Q. What did he say when he came out?
Morris. He called him Waters. The hatch door was open when he went in, it had a brass knob. I staid at the door with the prisoner: they said they would give me money not to say any thing.
Q. How far was the compting-house from the first door?
Morris (describes it) When he came out he gave it to the prisoner, and they both ran away.
Q. Did you know the house?
Q. Then it might be some other house?
Morris. It was a corn-chandler's shop, so I know it by that; it was dark and all the other houses were shut up. The next day I went to play at Salt Peter Bank : there I saw the two boys; they gave me a shilling a piece, and I bought this waistcoat with the money.
Q. Did the prisoner at the bar give you a shilling?
Morris. Yes, he pulled out a great handful of gold; and said, he had no change, or he would have given me more.
Q. You see him pull out gold?
Q. What did you do after you got the two shillings?
Morris. I went home to bed. I live in Winford-street, Whitechapel.
Q. Where is Salt-peter Bank?
Morris. In Rag Fair.
Q. How came you there?
Morris. I went to play in the first field going into the back lane.
Q. Did you use to go there?
Q. Had they told you to meet them there?
Q. Can you tell what colour the cloaths were?
Morris. No, it was dark.
Matthew Rainsford . I saw the prisoner at the bar with Hannah Waters . They had the bank notes. Hannah Waters went out to buy two frocks, or what we call countrymens white smocks, to disguise them; they were going over to France.
Q. How do you know but that they might want to wear such frocks as these?
Rainsford. I will swear they did not.
Q. What was the woman's name?
Rainsford. It was Waters; I saw the notes in her hand in my own room in Tooley-street.
Q. When was this?
Rainsford. It was on a Sunday; they had some Jews after them: Waters said she was going to France.
Q. What passed when you was all together?
Rainsford. She shewed a forty-five and a ten pound note; she went and buried them under my room.
Q. Where was the prisoner at the bar when she shewed the notes?
Rainsford. He was not there.
Q. Did she go to buy the frocks to disguise them?
Rainsford. She had bought them, and said they were going by the Dover machine.
Q. Was the prisoner there then?
Court. Then that is not evidence?
Q. Had you any conversation about these notes with the prisoner?
Sarah Rainsford . The prisoner and Waters came to my house: one Walker was there; the prisoner came to her; Waters and he had the frocks: then they went out and talked together for a quarter of an hour, and I suppose that she gave the boys the notes.
One Paget came to me and asked for Thomas Waters ; this was a night or two before the robbery. I told him I did not know him; he said, if I would not tell him where he was, if ever it laid in his power he would hang me; about a night after this robberry was
Paget. My lord, I attend the Rotation in Whitechapel; if your lordship please to examine into my character I am ready to answer.
Guilty of stealing the coat and waistcoat . T .
(The record of his conviction was read in court, by which it appeared that he was tried in June sessions, 1767, for a burglary in the dwelling house of Ann Slate , widow; for which he was capitally convicted, but afterwards received his majesty's pardon, on condition of transportation for fourteen years.)
Joseph Heley. I know the prisoner.
Q. Was you at the sessions in June, in the seventh year of the reign of the present King?
Heley. The prisoner was tried along with one Williams, who has since returned and been executed. It was for a burglary in June 1767. I have known him these eighteen years. Upon the thirteenth of January, I think it was on the Sunday before last sessions, I took the prisoner.
Nicholas Bond . On the 13th of January, the day after Mr. Stratford's house was broke open in Grosvenor Square, I dispatched several persons different ways in order to look after the things stolen. I went into Gravel Lane, Houndsditch. I had been at several houses before I went there; to the house of one Valentine, who is a receiver of stolen goods. I saw the prisoner sitting by the fire; Heley and my brother was with me. I said, What Peak, are you here, I am sorry to find you here. He was then standing by the fire, he stood very much confused, and desired we would take him to his father's; he has often been desired to keep out of the way. I insisted upon their taking him to Whitechapel immediately.
Q. Was you present in the court in 1767?
Bond. No; I went to the press yard where he and Williams was under sentence of death. I saw him there and spoke to him.
My name is Brown. I never made mention of any father at all. A young man stood at the fire that knew me.
Guilty Death .
Guilty 10 d . W .
James William Watson , and John Beach were indicted for stealing one paper snuff box, value 1 s. and one silver watch, value 40 s. the property of Edward Hobbard , February 5 . *
Both Guilty , T .
Guilty , T .
152. (M) John Leveridge was indicted for breaking and entering the dwelling-house of William Seymour , on the 28th of January , about the hour of eight in the night, and stealing two pieces of silk ribband, value 12 s. the property of the said William, in his dwelling-house . ++
William Seymour . I live in Oxford Road . I am a haberdasher . On Monday the 28th of January, about eight in the evening, the prisoner was brought into my shop. The witness said he had broke the window, and had taken out some goods. I had the window examined; two pieces of silk ribband were gone: I had him before a justice, and he was committed. I did not find the ribband.
Jonathan Horton . I had been with the horses: I am waterman to the coaches. Mr. King's son came, and seeing the prisoner, with another man, walk by the window, he thought they had some bad design. We took notice that they walked backward and forward several times. I saw him break the window, and put his hand in: the third time he put his hand in, I took him. I was just the breadth of the street from him. The two first times, he passed his hand to his companion, and, I suppose, gave him something I could not see whether he took any thing: I did not see any thing in his hand when I took him: I brought him into the shop.
Robert Bird . I am a coachman: I was that night in Oxford Road between seven and eight: there came a young man by me; he said he was looking at two young men, and said, he thought they were going to rob some shop. They looked into the shop as if they were waiting for somebody in the shop; I said, I thought they were. We stood some time watching them; at last we heard one of the glasses crack, and the prisoner was at it: he was at it several times: after that, I heard it crack again: I said, They have broke the window: we got the waterman to look at them: he took notice of them: the prisoner came, and put his hand into the window: they walked down, and came up again; and then he put his hand in again; then my coach went on: I did not see any more. Then Jonashan Horton the waterman took hold of him.
Prosecutor. I had turned my back, but had not been out to sit down. I was in the shop with two servants, with several persons, not less than a dozen, about three quarters of an hour before: I had examined whether the ribbands in the drawer were right. It is a rule with us to keep the ribbands, so that we can tell whether any thing is taken out by any customer: the row of ribbands next the pane of glass was gone.
I had just come from work: I was waiting for my fellow workmen: we were going to the club in Tyburn Road; then this gentleman came and took hold of me, and said I was the person who had stole the ribbands. I had some witnesses here, but they are gone, because they thought my trial would not come on to-night.
Guilty, Death . Recommended .
152, 153, 154. (M.) Joseph West , Stephen Paris , and Samuel Randall , were indicted; the first for the wilful murder of John Foy , by giving him, on the 15th of January , several mortal blows with his hands and feet, upon the head, breast, belly, back and sides, and other parts of his body, whereby he languished till the 16th of January, and then died: and the other two for being present, aiding, abetting, comforting, and maintaining him in committing the said murder . *
West and Paris stood charged on the Coroner's Inquisition for the said Murder.
The witnesses were examined apart at the request of the prisoners.
Joseph Roadey . John Foy , the deceased, and seven of us together, were at Mr. Nash's in Dunning's-Alley: they informed me that they had had two gallons of beer, and a pint of gin before I came. Some of the company came in at nine o'clock; others at ten: the company broke up between one and two next morning; and Mr. Foy, the deceased, Mr. Roger FynesShoreditch , we met five or six men, and three or four women. I was close to Mr. Foy's side: his foot slipped, and he jostled against one of the women. Mr. West instantly knocked him down with his fist. When he got up he was all over blood, and without his hat and wig. I cried out, For mercy and peace. I looked for his hat and wig. I slipped down. While I was down I received two or three blows. I saw Mr. Foy down upon his back, and the little man Paris striking him with a short stick, about an inch and a half or two inches round; it was no extraordinary large size. After I saw this, I heard Mr. Fynes call for the watch. West had hold of Mr. Fynes, and held him fast, saying, he should not go till he charged the watch with him. The watch came, and he charged him. I went with him to the watch-house. I did not see the deceased: he was brought into the watch-house, and he could not stand. A watchman set by his side, and supported him; he bled very much from his nose and mouth; and he had a cut on his nose: he said, That little man has broke my heart: he denoted him by having a small cockade in his hat. I did not see Randall strike at all: he had a stick in his hand then. I was not charged with the watch. I asked the officer to let me get bail for Mr. Foy and Mr. Fynes; he said, No, he would take no bail at that time. I had been about half an hour in the watch-house. Then I went and fetched Foy's wife, and came back again, and staid with the deceased till five o'clock. I asked him if he would be bled: he said, Yes. I went and fetched Mr. Gill: he bled him; and then he spoke a few words of the sad affair he had fell into. In the morning we procured bail for him. Then we carried him home in a chair. When he went to go to bed, he said to me, Joseph, now I am going to bed, I shall, I am afraid, never rise out of it more. I asked him then who did him the injury: he said, the tall man, West, knocked him down, and kicked him in the side, and the little midshipman, Paris, jumped upon him. I was called up next morning at three o'clock by Mr. Foy's apprentice. I went and took him by the hand, and said, John, how do you do? he said, Very bad. I asked him if he knew me: he said, Yes; your name is Joseph Roadey . He gave me his hand, and told me the tall man knocked him down, and the little man jumped upon him, (as I said before.) He begged me to go and call a surgeon, or a doctor. I sat down by the bed side with him, and one John Clark and I supported him (he could not set up without being supported.) I went to a surgeon, and told him there was a young man in a dangerous way wanted assistance; the servant said his master was ill. I went and told Mr. Foy of it: he said, For God's sake get me the gentleman that bled me. I went. It was five o'clock. I knocked at his door. He answered me out of the window. He came down and went with me and Mr. Grey to Mr. Foy; there he made the same declaration as before. Mr. Gill said he had prepared some little medicine for him. I went to his father-in-law's, and in the mean time he died; which was about five o'clock.
Q. You had been drinking?
Roadey. Yes; half a gallon of beer before I came in, one half afterwards, and a p int of gin.
Q. When did you leave the house?
Roadey. Pretty near two o'clock.
Q. Was he drunk or sober?
Roadey. Very well in his senses; he walked upright. I can't say he was perfectly sober.
Q. He was in liquor?
Roadey. Yes; a little.
Q. You say he jostled a woman; describe in what manner: who was the woman?
Roadey. I don't know: she was in company with him: there were six men, and four or five women.
Q. Who was the foremost of the company?
Roadey. Mr. West.
Q. In what manner was the jostling?
Roadey. He slipped from my side against the woman; but neither of them fell.
Q. Did he lay hold of the woman?
Roadey. I did not see it.
Q. Was the woman off the pavement?
Q. Did he strike her?
Roadey. I did not see him.
Q. Did he strike Mr. West?
Q. Had you your eye upon him?
Roadey. Yes; till he was knocked down.
Q. Were there any words made use of?
Roadey. I did not hear any.
Q. Did you hear Mr. West ask him the reason of it?
Q. Was you sober?
Q. Had you your eye upon them all the time of the jostling till West was knocked down.
Q. Do you know what happened after West and the other company went to the watch-house?
Roadey. No. I went to the watch-house with Fynes.
Q. Did you go to help the deceased into the watch-house?
Roadey. No; two watchmen brought him in.
Q. In what manner did Mr. Fynes behave to Mr. West?
Roadey. I don't know; I was diligent after taking care of Mr. Foy.
Q. Who called for the watch?
Roadey. Mr. Fynes.
Q. Did you hear any women scream out?
Roadey. Yes; then they were crying out, Murder, and so on.
West. He declares he was on the side of the way we were of; we have witnesses to prove he declared himself to be on the other side of the way.
Q. from the Jury. What sort of a night was it?
Roadey. Rather a gloomy night; there was a lamp over our heads. I took particular notice of them in the watch-house.
Q. Are you sure West was the man that knocked down Foy.
Q. Was it light enough for you to see the other man that struck him was Paris?
Q. from the Jury. You say he was merry; was the jostling by joke or accident?
Roadey. By accident.
Q. Was he leaning upon your arm or any thing? Did he want that help?
Roger Fynes . I was in company with Mr. Foy and the company at Mr. Nash's; we had a pint of gin and beer; we were there from about a quarter after nine to near two o'clock. Roades and the deceased and I came away together; we came along very peaceably till between the Ship and Black Dog in Shoreditch. The first thing I saw was, West knock the deceased down.
Q. Who was in company with him?
Fynes. Randall, Paris, and three or four women.
Q. Did you see any thing pass between Foy and the women?
Fynes. No. The first thing I saw was Foy knocked down by West; he got up immediately; his face was all over bloody; I had stopped at first; then I advanced nearer; then West turned upon me and gave me a blow on the side of my head; the prisoner Randal came and assisted him. When West and I was engaged, to the best of my knowledge, I saw Randal strike the deceased with a short stick; then Randal came upon me with the stick; they were both upon me; I was knocked down and struck several times; as soon as I got up I ran and called the watch.
Q. Did you see any violence offered to the deceased in your presence?
Fynes. I saw him strike him twice. I did not know Randal at the time; it was a frosty night; no moon light; there was a lamp just over the place.
Q. Such a light as to know him?
Fynes. Yes, when he came upon me there was charge for charge. I was brought to the watch-house: the deceased was brought in soon between two watchmen and laid upon the bench; he slipt off the bench upon the ground: after he had been there about an hour he vomited blood.
Q. Did you see any marks of violence?
Fynes. He had a wound on his nose and his mouth was bloody: the officer of the night kept us in custody till next morning: we were sent to the cage next morning, because we would not give the watchmen money. The deceased was carried home about eight o'clock, supported by two men upon a chair. I had visited the deceased but once before he died. I did not suspect he would die. It was on the 15th of January in the afternoon that I called to see him: I asked him if he knew me, he said he did: I asked how he did, he said, I hope I am done for. I said no more to him: he and I were weavers, both of us mostly in the velvet way. The officer of the night took their words, but he would not take ours: West I believe gave him money.
The Third and Last Part will be published in a few Days.
In the Eleventh Year of His MAJESTY's Reign. Being the Third SESSION in the MAYORALTY of The Right Honourable BRASS CROSBY, Esq; LORD-MAYOR of the CITY of LONDON.
NUMBER III. PART III.
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.
Continuation of the Trial of West, Paris, and Randall.
Q. AT two in the morning you quitted your friend's house, was you sober?
Fynes. Yes, as I am now.
Q. Was the deceased sober?
Fynes. He was hearty and merry.
Q. How did you find he was elevated?
Fynes. By being merry.
Q. What do you mean by hearty?
Fynes. I cannot describe it any better.
Q. Did none of your companions hollow and hoot, and make a noise?
Fynes. None that I heard.
Q. Did he or not?
Q. By what signs did you know that he was a little elevated?
Fynes. I had been intimate with him a great while.
Q. How far was it from the house you quitted to where this happened?
Fynes. Near half a mile.
Q. Was that your way home?
Q. Was it Roadye's way home?
Q. And Foy's way home?
Q. Had you no conversation with any body as you went along?
Q. Did you walk separately, or arm in arm?
Fynes. I had hold of the deceased by the arm in Dunning's Alley.
Q. Did any of your company fall down before this happened?
Fynes. I had hold of him by the arm in the alley, he had a little spring like.
Q. Was not he very drunk?
Fynes. No, only a little elevated.
Q. How close was you when he came up to this company?
Fynes. A few yards behind.
Q. You saw the other company come up?
Q. You could not be far behind then?
Fynes. About eight or ten yards perhaps.
Q. Did not Foy run against one of the women?
Fynes. I did not see it.
Q. Did you see him slip or run against the woman?
Q. What was the first thing you saw?
Fynes. West knock him down.
Q. Then you heard no words, and saw no provocation given?
Q. No running against one another?
Fynes. West knock'd him down and then came towards me.
Q. Did West say any thing when he came to you?
Fynes. I can't remember that he did.
Q. Did you strike any body?
Fynes. I can't explain myself plainer than I did.
Q. Did you strike the watchman?
Q. Upon your oath, did not you strike the watchman?
Fynes. Upon my oath I did not to my knowledge.
Q. Did not he accuse you of striking him?
Fynes. He accused me of being unruly.
Q. You struck West I suppose?
Fynes. I don't know that I did.
Q. Do you know Mr. Grosset the weaver in Wood-street?
Q. Did you tell him what you had been about?
Q. Did not you tell him you had been skylarking?
Fynes. I don't know that I did.
Q. What does sky-larking mean?
Fynes. Playing till it sometimes turns out fighting.
Q. Did not you tell Mr. Grosset so?
Q. Did not you tell him you had been fighting?
Q. from the jury. Is not this a common phrase among you?
Fynes. No, I have heard the word; I have been concerned in it in my life time.
Q. Whether you remember any words that passed at the time of the scuffle?
Q. Did no words pass?
Fynes. I can swear to none.
James Clayton . I am a watchman; on Monday, the 14th of January, about two o'clock on Tuesday morning, I was on my stand at the end of Magpye Alley: I heard some people on the other side of the way have many words. I heard them soon call watch: then I crossed the way and went to them: the deceased lay upon his back, and Paris was standing over him in a threatening manner with a stick, a kind of a short stick about as thick as my wrist.
Q. Had Randal a stick?
Clayton. Yes, much such another
Q. Had West a stick?
Clayton. Not that I saw. West was striking two men that run behind me for shelter. I went to the watch-house and got three men to my assistance: one got West by the collar, and then it ceased; we secured them and took them to the watch-house.
Q. Was Foy struck?
Clayton. Not to my knowledge: Foy was left in the care of the other watchmen upon his belly.
Q. Did he appear hurt?
Clayton. Yes, his hat and wig was off and his head all over blood. The constable said there was another person wanting: I went to see, and they were bringing up the deceased in a disorderly bad manner.
Q. Why do you say in a bad manner?
Clayton. The watchmen were pulling and hawling him: Mr. Pickersgill stood by him. I told him they did not use him well. I went out upon my beat; when I came back I saw Fynes, and I asked who the other was: he said, Foy: I went out and returned at six, and I asked Foy how it happened; he said the midshipman ( Paris went by that name he had a cockade in his hat) he said the midshipman has broke my head with a stick. I got his wife to fetch a gentleman to let him blood; he drew his breath very hard; after he was let blood he breathed easier: we got him discharged: he could not walk at all; the watchmen attended him.
Q. Did you know the parties before?
Clayton. I was well acquainted with Fynes and the deceased.
Q. Did Foy appear in liquor?
Q. Did Fynes?
Clayton. He led him up.
Q. Do you know what you said to them. What did you say the men had done?
Clayton. I said there was a quarrel in the street.
Q. Did you say that they had been making a fray?
Clayton. Yes; by the accident that had happened.
Q. Why charge him with having done a pretty piece of work?
Clayton. Because it was a bad accident.
Q. Did you see Fynes strike West?
Clayton. I saw either Fynes or Roadey strike him; I don't know which.
Q. Who had hold of Fynes?
Clayton. They all went together: West charged Fynes and Fynes charged West:
Q. You had been acquainted with Fynes?
Clayton. I knew him in the watch-house.
Q. Was it so dark in the street you could not distinguish him then?
Q. Do you know whether Foy had any falls with the watchmen?
Clayton. I believe he had; I saw them gathering him up like.
Q. Had he any battles with the watchmen?
Clayton. That I can't tell.
Q. Where did you find him?
Clayton. At the Unicorn brew-house, about forty yards from the watch-house.
Q. Did not you stay with him?
Clayton. No; the watchmen said they could not bring him up.
Q. Did they give the reason why they could not bring him up?
Q. Did you see him aim any blow at the watchmen?
Thomas Clark . I am a journeyman weaver. I am a neighbour of his. I went in to see him. I heard him say that the big man, West, knocked him down, and trampled upon his private parts; and the little man with the ribband in his hat stamped upon his stomach. This was Wednesday morning, a little before he died: he died a quarter before six.
Q. How long before he died?
Clark. Yes; William was not.
Thomas Grey . I am a butcher. I was at the watch-house about half an hour after four on Wednesday morning. Mr. Gill, the apothecary, desired a lanthorn to go up to the deceased's house. Mr. Gill went to him: he said, Sir, I am glad you are come: save my life if you can. He desired us to fetch a doctor. I asked him if he should know the parties: he said, West, the tall man, knocked him down, and kicked his private parts; and that the little midshipman stamped upon his stomach.
Q. Who was present?
Q. from the Jury. Did he mention his name at that time?
Q. Did he know them before?
Grey. I don't know.
William Williams . I am a weaver. I was at Mr. Foy's about eleven o'clock on Tuesday morning: he was lying upon his back; his eyes were shut; sometimes he opened his mouth: I said, Jack, do you know me? he said, Yes, Will, very well: I said, I am sorry to see you so ill used: he said, Will, I am barbarously used; my heart is broke within me. I asked him if he knew any of them: he said, Yes; Pickersgill I know. He said a big man knocked him down, and kicked him in his private parts when he was down; and a little man jumped upon his breast I asked where his wife was: he said she was gone to the justices. He said the little man that jumped upon his breast was a midshipman.
Q. Did Foy mention the names?
Williams. Only the name of Pickersgill.
Q. When did he make these declarations to you?
Williams. About eleven o'clock.
Q. Do you know Fynes and Roadey?
Williams. I am acquainted with them.
Q. Are they peaceable men?
Williams. I have lived in the parish thirteen years: I never heard any other of them.
Mary Roadey . I am wife to Joseph Roadey . I am the deceased's wife's sister. I was with him presently after he received his wound on Tuesday. I was with him about eleven o'clock. I heard him say that the tall man, Mr. West, knocked him down, and kicked him in his stomach; and the little man, the midshipman, trampled on his bowels.
Q. Who were present?
Thomas Talbot Gorssett . I am a surgeon, and live in Shoreditch. About the seventeenth of last month, I received orders from the coroner to open the dead body of Mr. Foy. I first examined it in the presence of Mr. Milward, and Mr. Gill the apothecary, but could not observe any thing worthy of notice, except upon the scrotum or bag of the body. Upon opening the body, I found a rupture to consist of the intestines and cawl. When I examined the intestine part of it, it was mortified, which I imagined was owing to the confinement in the part, and part of it was ruptured: the remainder of the viscera seemed to be in a very good and found state. Upon opening the breast, the right lobe of the lungs was considerably injured, and adhered to the adjacent parts, so that it was incapable of performing the common function of breathing; the other parts of the breast seemed in a good state. From the symptoms which he complained of, and the appearances, I do imagine his death was owing to the rupture, which, if he had had proper care in time, there was more than a probability of his doing extremely well.
Q. That of the lungs must have been a thing of some continuance?
Gorssett. I suppose three years.
Q. With relation to the rupture, would that happen by any kind of violence, and what sort of a violence?
Gorssett. I look upon a violence on the belly to be the immediate existing cause; but there may be a pre-disposing cause, which may be some force exerted on the bag or scrotum.
Q. Do you think any hurt or blow on the scrotum could hurt it?
Gorssett. It might be the pre-disposing cause, but not the immediate cause.
Q. Might not they be both made at the same time?
Gorssett. Almost instantaneously, one after the other.
Q. At the same time?
Q. Could not you distinguish whether it was an old rupture, or lately come down?
Gorssett. In this case, it is not of much signification, because the same immediate acting cause must exist to impress an old one, so as to occasion a man's death, equally the same as to occasion an immediat e one.
Q. Did this appear the effect of violence?
Gorssett. All ruptures are the effect of violence.
Q. Do you apprehend he died naturally, or owed his death to violence?
Gorssett. He owed his death to the rupture.
Court. Was there any mark or swelling upon it?
Gorssett. There was a discolouration, from some force exerted on that part.
Q. Could that come by falls only?
Gorssett. It might come by any sudden or quick motion; it might come by falls, or motions, or leaping or jumping, or lifting heavy weights, or any thing that puts the muscles of the belly into perpetual motion: it might come from falls, or blows, or strains.
Q. Did you see any marks on the belly outwardly, as if it had been bruised?
Gorssett. I did not; the belly gives way on any violence, which does not discolour the part so much as on other parts.
Q. Supposing any body had stamped upon the belly in that manner, would there have been marks of violence?
Gorssett. There is a possibility of being marks, but a greater probability of there not being any, on account of the belly giving way: the rupture in the scrotum might be occasioned by falls, leaping, blows, or any quick or sudden motion; even coughing and vomiting might occasion it, when the parts have been considerably relaxed.
Q. Was there any appearance of his having had ruptures before?
Gorssett. It did not appear to me that he had a rupture before Mr. Millward, the other surgeon, thought there was; but it is a matter of little consideration whether there was or was not.
Q. You say it might be occasioned by leaping or jumping, &c. Supposing the party to be full of liquor, would it not more probably happen then by a lesser motion?
Gorssett. When the person is stimulated, the muscles are certainly more laxed then than in a better state.
Q. Was there any mark on the breast?
Gorssett. None at all.
Gorssett. I make no doubt of it, because there is the resistance of the ribs.
James Nash . I keep a house in Bishopsgate parish: Mr. Foy and I spent the evening together: that this happened at my house: there were seven men. He came in a few minutes after nine at night; and Mr. Roadey, and Mr. Robinson, an acquaintance of mine, came in about ten, and Mr. Rowe, and another; in the whole there were seven.
Q. What did you drink?
Nash. Beer chiefly; we had two gallons of beer, and a pint of gin.
Q. How much do you think Foy drank?
Nash. I cannot tell; there was above a quart of the liquor left: they went away about half an hour after one; they were sober and solid: Mr. Foy was a little merry and hearty; but, upon my oath, he was not drunk.
Q. Was he quarrelsome or noisy?
Q. You cannot say Foy was sober?
Nash. Yes; he was.
Q. Not so sober as Fynes?
Nash. He was a man of fewer words than Foy was.
Q. Was he sober or no?
Nash. He was a little merry, but capable to take care of himself.
Q. Was he drunk or sober;
Nash. He was sober then.
Q. Was all the gin drank?
Nash. I gave it regularly among them.
Q. From the Jury. You know Roadey, Foy, and Fynes?
Q. Will you say upon your oath they are all peaceable men?
Q. Do you know what sky-larking is?
Nash. I don't know: I believe it is playing tricks with one another.
Q. Did you ever see sky-larking tricks played?
Nash. I have seen others, I did not see them play any.
On the fourteenth of last month, my wife, and family, and I, were invited to spend the evening at Kingsland Road: being engaged at Stepney, I could not accompany them there. I went at night to fetch them home; when I came there, I staid about an hour, or an hour and a quarter till it was rather late; my business detained me. I staid about an hour and a quarter, we all set off very peaceably. I, my wife, her mother, her sister, her two brothers, and her cousin. When near Holywell Lane, we were unfortunately met by these three men; they were all arm in arm, and running, and the deceased Foy run against my wife, and struck her on the breast. I then demanded the reason of it, a blow immediately followed; one took my wife by the arm and snatched her off the pavement. I ran towards her, and two of them took me by the collar. I had a handkerchief tied round my neck, they got hold of it, and one on one hand, and the other on the other, squeezed my handkerchief round so that I could hardly speak, I could not utter any words. My wife screamed and cried out for the watch, upon which some of my company that were behind came up to my assistance. I struck one of them, and then this Fynes blasted his eyes and swore the most bitter oaths, and then struck me. I was obliged to strike him, and do the best I could till the watch came up; then I gave charge of this Fynes, seeing him first: then they gave charge of me. The watchman took hold of me, and there was he with his fist over their shoulders and d - n - g and swearing at me, and wanted to get at me all the way to the watch-house, and abused us: he called my wife's mother old bawd, and said that my sister and all were a parcel of whores. The constable said, if he would not be easy he would put him in the cage. I told the constable to take charge of the other man. I did not know this Roadey, but I suspected him to be the other person. I taxed him with it in the watch-house; he said, No; he was not near us, nor in the company, and knew nothing about it. My wife had been ill almost five months. She was brought to bed about five months before this. The surgeon told her he did not know whether her arm would not be cut off. I had hold of her right arm, they came slap against us, and turned us out both against the houses.
Q. To Nash. Where had Foy been the rest of the day?
Nash. He said he had been with his father-in-law buying some pewter.
I came to Portsmouth on board his majesty's ship the Elizabeth; but the night before this unfortunate accident happened, I came home from our rendezvous. About half after seven my brother asked me to go and sup with him in Kingsland Road. I declined it; he desired me, being so pressing to go with him, I did. Coming home between the hours of one and two, passing Shoreditch church, I crossed the way with my sister, Mary Paris , and young Mr. Pickersgill. Coming to the Blue Dog, I heard two or three women, particularly my sister, calling out, Watch; I crossed the way, this Foy met me, and struck me. I never was with them any more than I am now; as to a stick I had not one in my hand, I was on the other side of the way.
Council for the Prisoners. I submit it to your lordship, that as there is nothing proved against Randal, he need not be put upon his defence.
Court. Certainly there is nothing proved against Randal.
For the Prisoners.
Samuel Paris . We had been spending the evening at Mr. Buckley's, in Kingsland Road. Mr. West came between eleven and twelve o'clock. Mrs. West was there all the evening. Mr. West came to fetch his wife home. Randal came into our company about half an hour after twelve: Randal belonged to another company at the same house. We joined company to come home together: there was my brother, mother, sister, my cousin, Mr. Pickersgill, his wife, son, and daughter. Mr. West was to the wall, and Mrs. West outside. Near the Black Dog, Shoreditch, we met three men; two came first, one came after: the two men came and jostled Mr. West; his wife cried out; he asked the cause, and then one of them struck him, and said, D - n you, don't you like it? A third came up; Mr. West said, Here is another of the thieves: Mr. Randal went to his assistance. My brother was on the other side of the way, with my sister, and young Mr. Pickersgill. I took my cousin away, to be out of the way. The man took Mrs. West from her husband, and put his hand in her bosom; that was one of the three, I don't know which: two of them collared Mr. West. A third came to them, and then she was pushed off the pavement. Mrs. West shrieked out; Mr. West called, Watch; two watchmen came up, Brown, and Moy; they secured Mr. West. Fynes struck at Mr. West over the watchman's arm, as he was in custody. We were all very sober.
Q. Did Mr. West strike Fynes?
Paris. I don't know he was struck first; I saw the blow given him over the side of the head; we all went to the watch-house. I did not see the deceased till he was brought into the watch-house: my brother was the first man that entered the watch-house. The deceased was brought in about five minutes by two watchmen.
Q. Did the men say any thing when they first attacked Mrs. West?
Paris. I did not hear any thing; I heard a hollowing and hooting before they came up, but I did not expect any harm, so did not take any particular notice of it.
Q. Mr. Paris is your brother?
Q. You don't know who struck West or Paris?
Paris. No; I saw him struck.
Q. You did not know Foy at that time?
Q. Was West struck first?
Paris. No, the lady was meddled with first: he asked the reason, then he was struck. I was a little behind; I walked up to them.
Q. Did you see the lady struck?
Paris. Yes, over the breast: I saw them jostle against the lady, which appeared to be done by design.
Q. Was Paris knocked down before West, or after?
Paris. After; he was about two yards from the pavement: as he was coming over, he had nobody with him.
Q. You don't undertake to identify persons?
Q. from the Jury. Did you hear the hollowing, or see them first?
Paris. I heard it first.
Q. Council for the Crown. Had not you seen Foy on the ground?
Q. What stick had your brother in his hand?
Paris. No stick at all; I saw nothing in his hand.
Q. Had any body a stick?
Q. Did you hear any noise before these men came up?
Hortell. No; I was about four yards behind Mr. and Mrs. West: the three men knocked Mr. and Mrs. West up against the wall, and would not let them pass; they came along singing.
Q. Did it appear to be by design or accident?
Hortell. By design. One laid hold of Mr. West, and put his hand down Mrs. West's bosom. Mr. West asked, what he meant; with that he said, D - n you, don't you like it? It was the same person that first jostled her. One of them pulled Mrs. West off the causeway. One of them struck Mr. West on the side of his head.
Q. A tall or short man?
Hortell. A short man. Some of our company came up then; Mr. Randal ran to assist them, and they were all in confusion.
Q. Did you see any thing else done at that time by West?
Hortell. No. Mr. West cried out, Watch? They throttled him, so that he could not speak; they collared him.
Q. Who cried out, Watch, first?
Hortell. Mrs. West.
Q. Did you hear these people cry out, Watch?
Hortell. No; in the scuffle they advanced forward: I staid, with my cousin Samuel Paris , where I was. When Stephen Paris came across the road, they had laid hold of West: they had got about a yard when the watchmen came up. I did not see what passed afterwards; I did not see any body upon the ground.
Q. Your cousin had the care of you!
Q. He did not go away from the place?
Q. Did you see any body without a hat and wig?
Q. Did you see Paris come over the way?
Hortell. Yes; he said some men had knocked him down; we would not let him go.
Q. Did Mrs. West quit her husband's arm by the push?
Q. What became of Mr. West?
Hortell. He had like to have been down: she did not quit Mr. West's arm quite; she let go afterwards.
Q. When they had separated her from her husband, did they quit her?
Q. What passed then?
Hortell. I saw nothing more.
Thomas Pickersgill . I was in this company: I walked with my spouse: Mr. West and his wife went first: my wife and I were the third couple; we were arm in arm. A little beyond the Black Dog, I saw two men come and separate Mr. West and his wife; they took hold of me, and dragged me on the other side the way: I gave my wife my watch, because I thought they were disorderly people. She said, You'll get a blow; I said, I could not fight, but I could see who did. I went over the way with my wife.
Q. Did you see them do any thing to West and his wife?
Pickersgill. No; my spouse went for the watchmen: I saw no blows struck: the people were gone a good way towards the watch-house. When the watchmen came up, I had a little heart to go back again; and I saw a man over another man that was down: I heard afterwards it was the deceased: it was the watchman that stood over him.
Q. Did that man stand over him in order to keep him from rising?
Pickersgill. No; the watchman stood over him to pick him up.
Mary Paris . I am sister to the prisoner, Paris. I was on the other side of the way from Mr. West: I heard the men come singing; I saw them jostle against Mr. West; two of them collared him; he strove to speak, but could not. Samuel Paris pulled Stephen away. I ran to my mother, and staid with her till the watchmen came. Fynes behaved very impudently in the watch-house. I heard Mrs. West cry out, O Lord, they will murder my husband, when they collared him. I did not see any blows struck; Fynes would have struck my mother, if the watchmen had not prevented him.
Q. Had any body a stick?
Paris. Mr. Randal had, and nobody else.
Q. Did you see either of them do any thing to Mrs. West?
Paris. No, I did not see that; I was in the road; I saw them push her into the highway.
Q. Was the first thing you saw the collaring of West?
Paris. I saw Mrs. West in the road when I first crossed: I did not see any blows pass, only a confusion.
Q. How far was you off when West was collared?
Paris. On the other side the way, just facing them.
Q. Did you see nobody beat?
Q. Were was you from the time of the collering?
Paris. I stood by my mother:
Q. You could not see what passed?
Thomas Hardy . I am a hackney coachman. I took up a fare at the Queen's-Arms tavern, St. Paul's Church-yard. I set them down at Hoxton. In returning back, I saw a good many people together about Hog-lane; words arose, and blows ensued. The motion was very quick. I sat upon my box and saw it in the middle of the street. I can't tell one man from the other. One out of three men ran against a lady: the gentleman took the lady's part, and asked him what he meant: words ensued. I don't know which gave the first blow. A lady came to me, and paid me the homagement of Sir; and asked me to assist them. I never moved off my box.
Edward Moys . I am a watchman. I was called about half an hour after two, by Clayton; he bid me make haste: three men were fighting. A man called us: we ran, and saw a parcel of people together. My partner took hold of Mr. West: he said, Don't use me ill; I am a house-keeper night hand. Mr. Fynes came up to him, and I could hardly keep him off from striking him. Mr. West gave charge of Fynes: my partner took hold of him, and carried him to the watch-house: we put them in the watch-house. We had as much as we could do to keep Fynes from striking him in the watch-house. When Joseph Roadey came into the watch-house, he denied being of the company. The officer of the night asked him how he came to be out so late: Fynes said they had been to a club: Roadey said he did not belong to them, but was on the other side of the way, and crossed when he thought he heard his brother-in-law, the deceased's voice: he said they had beat him across his back and shoulders; but yet he had no marks of blows upon him. Foy was the last man that was brought in; he appeared to be very much in liquor: he slept an hour, or an hour and a half: then he was sick, and reached. We took no body in custody but Mr. West; the rest followed him.
Moys. Yes; and West made no resistance.
Q. Had West a stick?
Moys. I did not see any.
Q. Had Randal?
Q. Did you see Foy upon the grou nd?
Q. Did you see any body near him?
Moys. Yes; one Burn, a watchman.
Q. Did you see any of the prisoners near?
Q. Was being in liquor the reason of his slipping off the bench?
Moys. I thought so, his face was very bloody when we brought him into the watch-house: when he came to himself he complained of his stomach: they sent for a gentleman, who bled him: he searched his stomach, and said he had no blows nor bruises.
Q. Had it more the appearance of pain, or drunkenness, that he fell off the seat?
Moys. I take it for drunkenness.
Q. Did he vomit?
Q. Was it blood?
Moys. Some said it was. I did not see any blood there next day.
Q. What did you hear him say?
Moys. At first he said he had a pain in his stomach: at one time he said he had a blow upon his stomach; at another time he said he was kicked: as to Mr. Randall, he did not say a word against him on his death bed.
Q. What did he say of the rest?
Moys. He said they kicked him, and the like: I don't believe he knew any thing of it till it was put into his head.
Q. Who put it in his head?
Moys. The company. Brown was the man that first took him into custody. I had West in custody. We brought in West and Fynes. The officer said there was another. I went,
Q. Did he resist being brought to the watch-house?
Moys. No, not at all.
Q. from the Jury. Did he make any complaint then?
Moys. He never spoke.
Q. Do you think he was able to speak?
Moys. I dont't know.
John Jones . I am a watchman in Shoreditch. When Clayton came down to the watch house, I, Mr. Haywood, and Mr. Moys, went out; just as I got into the place, I took hold of Mr. West: he asked me if I was a watchman, and bid me take charge of them people. Fynes came and made a blow at Mr. West: he made several blows at him. I delivered Mr. West to Moys, and took charge of Fynes. West made no resistance, but said he would go with me with all the pleasure in the world. I had blows over my arms from Fynes several times: he behaved very rough for some time. As soon as he came into the watch-house, he attempted to strike Mr. West. Fynes tried to slip his coat over his shoulders to get away, as I had hold of his coat: he appeared to be drunk. I was in the watch-house when Foy was brought in by the two watchmen; he appeared to my thinking to be very drunk; he slipt upon the floor, and seemed to sleep.
Q. How did West and his company appear?
Jones. Sober, and behaved very civilly. Foy went to the door to make water, but could not; he complained his stomach was bad: he said his heart was burst. I think he sat down sometime. His wife brought him some water afterwards, and washed him.
Thomos Brown. I am a watchman. Clayton told me three men had fell foul of some gentlemen, and some mischief would be done. I went: Foy was upon his legs, and fighting like to himself: West gave me charge of him. Foy struck me, and knocked me down; he fell down himself in the channel: as he was aiming a second blow at me he fell flat upon his belly: I heaved him up, but he could not stand.
Q. Was you the first man that came to Foy?
Q. Did Jones come before, or after you was knocked know?
Brown. After; Jones did not see him till he came into the watch-house.
Q. Can you tell what he meant by fighting with himself?
Q. Was any body near him then?
Brown. No; he was at a distance from the rest.
Q. Did he appear then to be staggering?
Brown. He appeared to have a great deal of strength; he struck me down with one hand; he seemed to be very much in liquor.
Q. If he was pretty strong he was not much in liquor: Do you attribute his weakness to his fall with you?
Brown. Yes; he said in the watch-house that the midshipman had broke his heart.
Q. from the Jury. Where was Moys?
Brown. I did not see them till they came back to help me with him to the watch-house.
Q. This was after the time the others were carried to the watch house?
Court. Were was West at that time?
Brown. Along with Fynes.
Q. from the Jury. Was he able to walk to the watch-house?
Brown. He was carried to the watch-house: he could not stand after the fall: he was upon his feet when I first came up: I was falling as he aimed another blow at me.
Joseph Petit . I was constable of the night. I was in the watch-house. I went to see what was the matter. I saw a disturbance: the first I came to were three women; Mrs. West was one. One of the Shoreditch watchmen had hold of Fynes: he made at Mr. West in the watch-house to strike him. The deceased was brought in by two watchmen; he did not complain at all; he stood very well.
Q. from the Jury. Was you there till he was taken away?
Mr. Joseph Grosset . Fynes has worked for me a twelvemonth, and upwards. I went to his house, I believe the Monday after these men were sent to Newgate. I saw Fynes by the fireside; I understood he was one of these men; I told him, I knew the parties in trouble, and I should be glad if he would give an account of it; he said, the night the accident happened, he and the deceased were going to a club; he
John Kirby . I am keeper of the Compter. Clayton came to the Compter when they were there; he was bid to pick the man out that did the mischief to the deceased. He looked about; I pointed to a little Jew, and said, Is that the man? He took him to the window, looked at him, and then said, That is the man.
Q. Did he describe him to be a little man?
Kirby. He laid hold of the man, and said, That is the identical man. He said they were beerish.
Thomas Secret . I am a weaver: I was at the Compter when Clayton was brought to see Paris: he picked out a man, and said, he would swear to him. In the evening the beadle and another man were with Clayton: they bid him pick out Paris; he looked at Paris, and said, he could not remember his being there; the third time, he said he believed he was there.
Q. from the Jury. By whose order did Clayton come there?
Secret. I cannot tell.
Daniel Golding . I am a linen in the Strand: I have known West fourteen years; I have been particularly acquainted with him; I never knew any thing amiss of him these four years back, nor ever perceived the least cruelty in him; he is rather of a tender disposition. I never saw him but once in liquor, then he was very good natured, more so than before.
- Dunithorne. I am in partnership with Mr. Commings: I have known Mr. West two years; I never heard any thing against his character.
Josiah Colyer . I am a weaver: I have known West seven years; I never knew any harm of him; he has been at my house several months: he is a peaceable, quiet man, a man of humanity: I never saw him troublesome.
Q. Is he of a humane disposition?
Delamare. Yes, but rather a little passionate.
Mr. Henry Saffory . I am a surgeon in Bishopsgate-street. I have known Paris some years; I went to school with his brother. Touching his character, I never heard any thing cruel or malicious of him in my life.
West, Guilty of Manslaughter . B .
Paris, Guilty of Manslaughter . B .
Randall, Acquitted .
Q. What did he say?
Aspinall. He confessed that he took the spoon; but said, that he was in liquor.
Q. Was you present when he confessed it?
Q. Did he tell you how he disposed of it?
Q. Did you promise him any favour if he would confess?
Mr. Lutwich. I am a silversmith. The prisoner came to me with this spoon (producing it,) and said, that his wife had found it as she was sifting cinders on a dunghill in Tottenham Court Road.
Q. Did he produce the spoon?
Lutwich. No, not at first; he said, that his wife had found a spoon on a dunghill: I told him, that he should make some enquiry about the owner; he said, that it was so long as three days, and that he could not find the owner. I said, Let me see the spoon; he then went away, and came in about two hours after. He first came about five o'clock; he said, Here, I have now brought the spoon, if you will buy it of me: he then shewed it me: the bowl was all over wet mud; he stroked the mud out of it first, the other part was clean; I saw the crest of a castle on it: I said, Friend, I hope you came honestly by it; he said, Yes. I said, Sit down, my neighbour Castle has just such a crest on his plate. I bid my people take care of him: I went to Mr. Castle's; he said, it was his crest; I described the man, and they said, such a man had been there; they bid me stop the man, which I did.
Q. Did you hear him say any thing about the spoon?
Lutwich. I asked him how he could rob so good a friend; he said, he was sorry for what he had done; he cried, and said, he was in liquor, and hoped we would forgive him: he had offered it for sale at another silversmith's, but that person did not like any trouble, so he gave it him again; but I am determined to stop every thing that appears to be stolen.
Court. Sir, we commend you; you are quite in the right.
Q. To Aspinall. Look upon this spoon.
Aspinall. It is my master's property; I know it by the crest.
My lord, I was cleaning the street. I went and asked for a little beer; the cook gave me some victuals; the spoon was among the victuals; I held up my apron; the cook put it in: I had had victuals at several houses that day, so did not know at which house I had the spoon at; if I had, I would have carried it back.
Q. to Lutwich. Did he tell you such a story as this?
Lutwich. No; I am informed he is light fingered: I asked his master to appear for his character, but he would not.
Guilty , T .
156. (M.) Isabella Lakin , spinster , was indicted for stealing thirty guineas, two thirty-six shilling pieces, two gold rings, value 20 s. and two pair of silver shoe-buckles, value 30 s. the property of Theophilus Rutt , in his dwelling-house , February 6 . *
Theophilus Rutt . I live in the parish of St. George's in the East. I am a waterman and a lighterman . The prisoner picked my pocket of the key of my street door, and went home and broke open my drawers that the money and rings were in.
Q. How do you know she picked your pocket of your key?
Rutt. Because, just after, I was obliged to break the door open to get into my house. This was yesterday three weeks. I was at a public house; she came, and said, her mistress, Esther Green, wanted me. I asked her to drink; she sat down; this was between ten and eleven o'clock. I heard she had picked a sailor's pocket of twenty or thirty guineas; they said it was in a red purse. I then went home, and missed my money; I did not miss it till Friday; I was in company with no body else but her, and she knew the way of my house. I took her up, and found one pair of buckles in her shoes, and another pair in her pocket; two rings were on her fingers; one of the rings is a
Rutt. Yes the same as my wife; I have kept company with her two years.
Q. from the Court. Did not this Green send her to you?
Rutt. I do not know, she came as such.
Rutt. Since my mother died I have took her home.
Q. You was drinking in a public-house with the prisoner, I think?
Q. Did you keep company with her too?
John Ragland . I went in search of this woman: I found her at the Anchor and Crown, in New Rag Fair: she had two rings on her fingers: she was going to take them off, but the officer took them in his possession. We went from there to one Stewards, a public-house; there the officer searched her: I saw him take a pair of buckles out of her pocket, nine guineas, two half guineas, one thirty-six shilling piece, six shillings in silver, and eight-pence farthing. The officer took charge of her: she was standing pritty near the fire: I said, Mr. Rutt, do not you know these buckels? he said they were his: he took them out of her shoes: one of the rings is a mourning ring. Mrs. Green was committed with her.
Q. Where does Mrs. Green live?
Ragland. In Denmark-street, at that part of the town.
Q. The prisoner was her servant?
Ragland. I do not know.
Q. Did you ever hear Rutt accuse Green of having robbed him as well as the prisoner?
Ragland. No; I heard him say before the justice, that he believed she was innocent of the robbery; for if he had but two shillings she was welcome to one of them: the prosecutor told me to go to her, and tell her, that if he could get the money again, within eight or ten guineas, he would not hurt her: she said she had given him all she had left of it.
Prisoner. They came to me at New Prison, and said, if I did not mention her name they would be very favourable to me; if I did, they would hang me.
Q. from the Court. Did you, or Rutt, or any of you, say any such thing?
Ragland. I went to New Prison to her: I asked her if she would give the man the money, or let him know what she had bought.
- Macknarth. I am a constable. I was at the searching of the woman; I found ten guineas, and one thirty-six shilling piece; two gold rings I took off her finger; I found these square buckles in her shoes, the other round ones I found in her pocket.
Q. Did you see the purse?
Prosecutor. These things are mine.
Guilty, 10 s . T .
157. (L.) Thomas Buckley was indicted for stealing one watch, the inside case silver, the outside shagreen, value 5 l. one silver seal, value 12 d. and one pair of leather breeches, value 7 s. the property of Robert Forrest , in his dwelling-house , January 17 . ||
James Ward . Mr. Forrest, the prosecutor, is very ill, and cannot attend. I saw the watch and breeches in the house of Robert Forrest ; the breeches were upon a pin by the bed-side; the watch was on a tanter-hook by the bed post. Sometime afterwards the watch was advertised, and it was mentioned to be at a pawnbroker's, one Currl's, in Fox Court. I went to Currl's, and saw the watch there; this is the same (producing it.)
Richard Bannister . Bridget Price brought this watch to Mr. Currl's to pawn; I took it in; I enquired whose it was; she said, it was her husband's. I did suspect that it was not come honestly by; I took her before Sir John Fielding ; that is the same I received at the hand of that woman.
James Ward . The prisoner worked for Mr. Forrest; he was out of work some time, and in great distress. The prosecutor desires to recommend him to the mercy of the court: there were other things of value which he did not take.
Guilty, 39 s . B .
158. (L.) Rose Langlais Desbrieres was indicted for stealing three pieces of linen cloth, containing sixty yards, value 40 l. nine pieces of muslin, value 10 l. the property of William Herman , January 26 . ||
(The prisoner being a foreigner , and could not speak English, an interpreter was sworn.)
At the request of the prisoner, the witnesses were examined apart.
William Herman . I live at Long Ditch, Westminster , am a carpenter , and my wife keeps a linen draper's shop . My wife and I went out about three or four o'clock on Sunday afternoon the thirteenth of January, and returned again between six and seven. When I went out, the shop door was locked, and a padlock was on the outside. When we returned home they were both opened; there did not appear to be any marks of violence. On searching, I missed linen, and other things, to the amount of one hundred pounds. I went and enquired at Sir John Fielding 's about it. The prisoner was a lodger at my house. Her son came to me on Saturday night, and said, the week's lodging did not expire till Sunday. On Friday evening I took a search warrant. On Saturday the twenty-sixth of January I was in the prisoner's lodgings; the prisoner opened the door; she behaved with great civility, and asked me to walk in; I then told her on what account I came. I searched the ground floor, and found nothing; then I went up one pair of stairs, and there found a chest of drawers, chest upon chest; they were lately brought in by a broker; she said the broker had the keys, made a sort of offer to open them, and, in appearance, they seemed as if locked. I then went into the two pair of stairs room, and opened some drawers; there was nothing there; but she presently afterwards talked to her boy in French. At the bottom of the stairs Mr. Coward stopped the boy, and took from him two pieces of linen, and several pieces of muslin. I saw one of the pieces of cloth the Saturday before it was missing; and am certain of it. Mr. Coward took an account of my goods; I saw him make a mark on one of the particular pieces that I pulled down on Saturday night, to shew to a customer.
Q. from the Prisoner. Why did you stay so long before you took out a warrant?
Herman. My wife did not chuse to do it; for she did not mistrust the prisoner. She lodged at my house about eight weeks at that time; had lodged there for two years together before, at 5 s. a week. I believe she paid very honestly for the lodging; but the last of the eight weeks was not paid for; her husband had never been with her there; she said he was in France.
Blanchard Coward. I am shopman to Mess. Hussey and Whitter. The prosecutor deals with them to the amount of two or three hundred a year. (Looks at a piece of linen) Here is my own mark in a pencil; the mark of Hussey and Whitter is the common shop mark. About December I took an account of the linens and muslins for the prosecutor, and marked them with a pencil: I believe this is the mark I then put upon it. The prosecutor came to me on the 4th of January, and said he had lost his goods, and asked my advice. I went to Sir John Fielding 's; but on Friday se'nnight following, he said he had a suspicion of the prisoner, and desired me to go and see if Mr. Hussey's mark appeared on any goods I should find. I went to the prisoner's house; the prosecutor went in, and then held up his finger to me to go in, as they waited at the door: the constable, the prosecutor, and myself went in. The constable and prosecutor made the prisoner acquainted with their business; the prisoner flew in a passion, and threw things about. Nothing was found below stairs, except several remnants of cloth, that we could not specify. The constable desired me to stay below, left any thing should be carried off; a Frenchman stayed with me, and put his back against the stair-foot door. I saw the prisoner's son come in and go up stairs; the prisoner spoke French to him. The moment I had opened the stair-foot door, I saw the son coming down with two pieces of Irish cloth, and nine pieces of muslin. I saw the goods put into the wrapper: they were sealed up in my lord mayor's presence, and have not been
Mary Price . I am a broker's wife. We sold goods, to the amount of seventy pounds, to the prisoner: she always came with a little boy with her; he is about thirteen years old: he talked French, and passed with his mother as an interpreter. Upon my taking notice of the apron she had on, which was a fine plain muslin, the boy spoke to his mother in French, I suppose to let her know I praised the apron: she spoke again to him in French, and then the boy told me that his mother had a considerable quantity of that to sell from France; and she had likewise some fine cloth to make shirts and shifts of, at two shillings and sixpence per yard.
These goods were brought to the house, and received by this boy, when I was not at home, and I know nothing of them.
Guilty , T .
John Neale . I am a hatter . I live in Bond-street . I was out on the thirteenth of this month; I came home, before seven o'clock: I went into my back room, where my people were at work. About half an hour after that, I came into the shop; I found the door open, and suspected somebody had been in the shop. I examined the hats in the window, and missed three: I had seen them before I went out. I went to Sir John Fielding next morning, to inform him what had happened, and to know how to proceed. I put an advertisement in the paper. In going home, I went to Mr. Murthwaite, a neighbouring pawnbroker, and told him, that if any thing of that sort should be brought to pledge, to desire he would stop them. On Friday night the pawnbroker came to me, and informed me one hat was brought to pledge. I went to see it, and knew it to be my hat. I went to Sir John Fielding afterwards; the woman came again to the house, and she was stopped (the hat produced.) I am sure it is mine; there is a private mark now in the head, under the lining.
Robert Holland . I saw the hat in the window at three in the afternoon. I am Mr. Neale's journeyman. I am perpetually in the shop; I am sure no hat was sent out of the shop; my hand-writing is in the corner of it.
Richard Murthwaite . I took in this hat of the prisoner; she had used my shop some time, therefore I did not ask her any questions. I lent her six shillings upon the hat; she came again, and wanted me to buy it: having had notice from Mr. Neale, I stopped her.
I am a poor woman of the town. A man came and staid with me; he was to have given me some money, but he had none; then he gave me his hat, and gave me liberty to pawn it, if he did not bring the money by twelve o'clock next day: he did not come, so I pawned the hat.
She called Sarah Young , who deposed, that she went into the prisoner's apartments to light a candle, and saw a man that was with her give her a hat. And Sarah Glover , who had known her fifteen years, swears she is a modest woman.
The prosecutor was asked if the hat appeared to have been worn, which he answered in the negative.
Guilty, 4 s. 10 d . T .
160. (L.) Elizabeth Marshall , spinster , was indicted for stealing four linen shirts, value 30 s. a pair of silver shoe-buckles, value 4 s. a linen gown, value 3 s. and a pair of linen sleeves, value 1 s. the property of Grace Hudson , widow , January 11 . ++
Guilty , T .
Mary Oatnam and Elizabeth Morgan were indicted for stealing a silver watch, value 30 s. the property of William Putnell , January 14 . ++
Both Acquitted .
163. (M.) Thomas Harvey was indicted; for that he, in a certain field near the King's highway, on Susanna Mazemore , widow , did make an assault, putting her in corporal fear and danger of her life; and stealing from her person one pair of silver shoe-buckles, value 4 s. and 2 s. 6 d. in money, numbered , Nov. 2 . +
Susanna Mazemore . I met the prisoner one day accidentally in Bishopsgate-street, with another man; they asked me the way to Bedlam, and they asked me where I was going: I said, as far as Stretham; I did not know the way, so I could not stop to shew them; but I went with them, and shewed them Bedlam. I was going home to clean myself; they asked me to go in and drink; I went in with them; then we proceeded on to Hackney-road, as I know the road since; I really did not know the road then: they went into the Ass and Foal, there we had some dinner.
Q. Is this the road to Stretham?
Mazemore. No; when they had had their dinner, they went further along the road, a good way.
Q. Where do you live?
Mazemore. In Pans Alley, Aldersgate-street.
Q. What business do you follow?
Mazemore. I work at the upholsterers work , at Mr. Gilding's in Aldersgate-street. They proceeded farther along the road, and then turned down a lane till they got into some open fields; then they began to pull me about, and d - d and sunk me, and said, that they had not brought me there for the purpose of shewing me the way to Stretham, but for other purpose, and asked me if I had got any money: I told them I had not; they d - d me for a b - h, and threatened my life; they put their hands in my pocket, both of them, one on one side, and the other on the other.
Q. Has there not been a trial here already about this same matter?
Q. Who was that?
Mazemore. The other man that was with him.
Q. Who was the man in company with this man?
Mazemore. The other man was Meeken by name, I believe; I never saw either of them before.
Q. Was it the same man that was tried here before, that was with him?
Mazemore. Yes; then they took the buckles out of my shoes.
Q. What sort of buckles?
Mazemore. A little sort of stone pattern; they were silver. After they took my buckles out of my shoes, I begged and prayed of them to spare my life: I begged of them not to murder me, for the sake of my children I had at home.
Q. Pray, had you any business that road that carried you that way?
Mazemore. No; they took me that road, and said, it was my way to Stretham.
Q. Had you never been at Stretham before?
Mazemore. Never in my life.
Q. What business had you that day to go to Stretham?
Mazemore. A young man that lived there owed me some money.
Q. You told them you was going to Stretham?
Q. I suppose you made some enquiry where it was?
Mazemore. When I met them, I was going home with the intent to enquire.
Q. Where had you been to when you met them?
Mazemore. To Flying Horse Yard, Bishopsgate-street.
Q. What was the man's name that owed you the money at Stretham?
Q. Where did you go to?
Mazemore. After they had robbed me, they pulled some counters out of their pockets to put in mine; I begged they would not hurt me; they crammed them down my bosom. I came over the fields; the first place I came to was Hoxton .
Q. How far was it from the high road where they robbed you?
Mazemore. Five or six fields.
Mazemore. They appeared civil gentlemen. We went by some trees, down a dirty lane, with a gate to it, that took us out of that road into a field.
Q. When did you next see the prisoner after this?
Mazemore. I did not see him till Sunday last, when he was taken.
Q. By what means was he taken?
Mazemore. A person took him by description.
Q. Who did you give a description to?
Mazemore. I gave the description to a person of my acquaintance.
Q. Who told you he was taken?
Mazemore. The person that took him brought him to me, to know if he was the man or not.
Q. Was that the person that you gave the description to?
Q. On seeing him, did you know him again?
Mazemore. Yes, immediately.
Q. From the Prisoner. Did not we go to drink the wine before we went to Bedlam?
Mazemore. No, afterwards.
Q. from the Jury. At what time of the day did you dine?
Mazemore. Between one and two.
Q. Did you know how far it was to Stretham?
Mazemore. Only as they told me.
Q. Did you know which way from the town it lay?
Mazemore. No; I was going home to ask my landlady.
Q. You said you was going home to clean yourself?
Mazemore. Nothing further than an apron.
Court. Was this place you dined at the only place you called at after you had drank your wine, on coming out of Bedlam?
Mazemore. No; they called at another house, with an excuse to call for some writings, as they were a-going to receive some money at Stretham: it was a public house; I do not know where it was.
Q. Did you drink there?
Mazemore. Yes; they had a glass of brandy a piece; I had the same.
Q. Did you call any where else?
Mazemore. No: I lost two shillings and sixpence in money; I cannot say which had it, nor how they had it, but I lost it.
Q. from the Jury. How long might you be at dinner?
Mazemore. I believe an hour and a half.
Q. What had you to drink?
Mazemore. A pot of beer, and a glass of brandy.
Q. Was that all?
Q. Were the men sober?
Q. Was you sober?
Q. Are you a married woman?
William Cross . The second of last November, the Friday before Lord Mayor's day, I was coming from Mile-End, to go to Smithfield. I was coming down Bethnal-Green road; near Lord Camden's head, I met Mr. Meekins and this man, along with Mazemore. Mazemore stopped to speak with me about five minutes; in the mean time these two men stopped with her: I had not seen her before for six months.
Q. Did you know either of them?
Cross. I had seen them before. Meekins used to be about the turnpikes, dressed like a countryman.
Q. Did you know Mazemore before?
Cross. She used to wash for me; she had not washed for me six months, for I went to live down at Mile-End. She asked me when I would call to see her, and how I did. I called the Sunday fortnight afterwards: when I went, I asked her what she did along with them two men. Thomas Meekins was remarked for a gambler. She said, I wish I knew who they were; I said, they often resorted about the turnpike. She did not say any more then. A week after that, she told her sister, and she told me, and we went to seek after them. When we came back one day, she had taken Meekins into custody; her sister and I had been out all day long looking after him.
Q. Which way were they going?
Cross. They were going towards Bethnal Green. It was in Bethnal Green new road, that leads towards the Green, or it takes to Oldford, or Hackney, or Whitechapel.
Q. What time a day was this?
Cross. Near one o'clock.
Q. from the Jury. She stopped to speak to you?
Cross. Yes, about five minutes.
Q. from the Jury. Did she ask you the way to Stretham?
Cross. No; she was rather behind them.
I was coming by Bedlam wall, before you come to Bedlam. Mrs. Mazemore said, Well, what, you are looking about you, young man; I said, Yes: says she, This is Bedlam: said I, I should like to see it, but should not like to go in by myself: she said, she would go with me, If I would give her a glass of wine. I went up a street, and had some mulled wine and toast. While it was mulling, Meekins came in: I never saw him, neither before nor since, till I saw him here, just before he went out. She called Meekins her cousin. Then it was agreed we should all three go to see Bedlam. We went there, and walked about a good while: we went two stories high: she wanted me to get a coach to take her to the play that night. From thence we went to Dobney's Bowling Green, and we went to the sign of the Sun; we went into the parlour, thinking to dine there, and had a glass of brandy a-piece. I said, You favour a young man that I know; she said, Don't think I am a young man, you may see I am not, for I have breasts, and took her handkerchief aside, and shewed one of her breasts. She said, she wanted a pair of shoes, and she should be a fine woman if she had a silk gown, and wanted me to buy one, and said, she could not have one without ten guineas. Then we went to the Ass and Foal, and dined; and then Meekins and she went out arm in arm together, and I came away, and never saw her after till that day I came to see her at her house. We parted good friends.
The evidence was nearly the same as on the trial for the robbery; she deposed, that after Meekins and the prisoner had robbed her, they both ravished her.
See Meekins tried No. 3. the first sessions in this mayoralty, who was convicted for the robbery, but afterwards received a free pardon.
164. (M.) Thomas Pratt and James Richards were indicted; the first for stealing one brass pump ferril, value 4 s. the property of Henry Eirick ; and the other for receiving it, well knowing it to have been stolen , February 15 . ||
Both Acquitted .
Alexander Wilson . I employed the prisoner on the twenty-eighth of January, as a chair-woman . I left her in my house whilst I went to Golden Square. The watch hung up in the bar; it belonged to Mr. Miller; he had left it with me to sell. When I returned, I missed the watch; I charged the prisoner with it, but she denied it.
- Owen. I am a constable. I took charge of the prisoner; she constantly denied having taken the watch, till we had been before the justice. In coming back, she confessed she took it, and had put it in a particular part of her lodgings; in consequence of which, I went to her lodgings, and found it in the place she had described (The watch produced, and deposed to by the prosecutor.)
I have no body to appear for me.
Guilty , B .
166. (M.) Ann, the wife of Moses Spencer , was indicted for stealing one pair of linen sheets, value 2 s. one blanket, value 2 s. one pillow, value 2 s. and one pillow-case, value 1 s. being in a certain lodging-room let to her by contract , January 30 . ||
Anthony Baradine was indicted for stealing a brass mould, value 3 s. and a piece of brass, value 1 d. the property of Christopher Lawson , February 18 . ++
Christopher Lawson . I am a founder . I lost this mould (producing it) and seven more, out of my work-shop. I employed the prisoner as a journeyman . As he came into the shop, something in his pocket that was hard hit against me; upon searching him, I found it to be this mould. He confessed he had sold two of them. I believe he has a child or two.
I leave myself to the mercy of the court.
Guilty, 10 d .
170. (L.) John Picken was indicted for breaking and entering the dwelling-house of Sarah Emery , widow , on the 28th of January , about the hour of twelve in the night, and stealing one wicker basket, value 12 d. and one bushel of apples, value 2 s. the property of the said Sarah, in her dwelling-house . ||
171. (L.) James Wadley was indicted for stealing one wooden trunk, one cloth waistcoat, one other cloth waistcoat, three linen handkerchiefs, one cotton handkerchief, three linen night-caps, one pair of worsted stockings, one pair of silk and worsted stockings, two pair of leather boats, two paper boxes, two guineas four half crowns, and five pounds in money, numbered, the property of Thomas Smith ; and one woollen cloth coat, two linen shirts, one pair of worsted stockings, and one pair of leather pumps , the property of Samuel Miller , December 11 .
William Thomas . I am a porter . I met a woman of the town upon Ludgate-hill, the prisoner, I believe; I think it is she, I am not sure; I was a little in liquor. I come from North Wales. I went to a tavern with her, and we had a glass of wine. I had my watch in my pocket then; I missed it before I went out; I called the waiter up when I missed it, and bid him fetch the watchman. I asked her if she had got my watch, she said, No. When the watchman came, we searched her, and found it upon her.
Q. Had she any money from you?
Q. Had you any money in your pocket?
Q. What wine had you?
Thomas. I don't know; it cost eighteen pence.
Q. from the Prisoner. Whether he did not give me the watch?
Thomas. I cannot tell; I pulled it out of my breeches pocket, and put it in my waistcoat pocket, I think.
Q. Where did you find the watch?
Thomas. In the inside.
Jonathan Kirshaw . I am a constable. I attended at Bride's watch-house the night this happened. The prosecutor charged the prisoner with stealing his watch; he said he had searched her, but could not find it. I examined him very strictly; he said, when he went to do with her, he pulled it out of his breeches, and put it into his waistcoat pocket. She denied it: I was obliged at last to make use of force to search her. Two watchmen threw her on the table, and opened her legs, and I took it out of her inside, out of her private parts. The chain, and every thing, was concealed.
I went into the King's Arms with him. I asked him for a present; he said, he had but a shilling: he said, he would make me a present of four shillings, if I would stop; I would not: then he said, he would give me his watch to hold till he gave me the money; afterwards he insisted upon having his watch again; I concealed it, that he should not have it till he paid me the money.
For the Prisoner.
Guilty , T .
Alexander Middleton was indicted for stealing one half peck loaf of wheaten bread, value 14 d. one quartern loaf ditto, value 7 d. the property of Alexander Anderson , January 24 . ++
Guilty , B .
174. (L.) Simon Benjamin was indicted for stealing one wooden box, value 18 d. seven dozen of glass bottles, value 10 s. and forty-two pounds of flour of mustard, value 20 s. the property of Thomas Smith , February 19 . ++
Guilty , T .
175. (L.) Benjamin, otherwise Abraham Sanders , was indicted for stealing one woollen cloth coat, value 20 s. one woollen cloth waistcoat, value 10 s. one pair of woollen cloth breeches, value 5 s. one pair of shag breeches, value 5 s. four linen shirts, value 8 s. four linen shifts, value 8 s. one linen gown, and one piece of linen cloth, value 8 s. the property of Ralph Cathro , in the dwelling-house of the said Ralph , January 26 . ++
Ralph Cathro . I live in Seething Lane . The prisoner robbed me of the things mentioned in the indictment. He used to come backwards and forwards to my house. I have two young fellows who lodge in the garret. On the twenty-sixth of January I lost the goods mentioned in the indictment; I missed them about ten at night. I had heard the prisoner had been seen about my house; that made me suspect him: I met him next evening at the Angel in the Minories, when he had one of my shirts on his back.
Thomas Perkins . I am a constable. I was sent for to the public house in the Minories, and a charge given of the prisoner. He fell on his knees, owned every thing, and said, he had left the cloaths and gown at Mr. White's in Wych-street (the goods produced in court, and deposed to by the prosecutor.) The prisoner said, he had left a bundle of linen at Five Bell Court, in Houndsditch, at one Isaac's, a necklace-maker. We went there; there were no goods there. The bundle was produced by the turnkey at the Compter.
Joseph Hill. The prosecutor came to me on Sunday. I went with him to the Angel, where we found the prisoner. The prosecutor entered into conversation with the prisoner, and asked him if he did not rob his house. I went for a constable: the prisoner was carried to Cathro's house; there he went down on his knees, and confessed he had every thing Mr. Cathro laid to his charge, and said, he should have all his things again; that they should have part in Houndsditch. We did go there; we had a hundred Jews about us there; in five minutes, two hundred: we thought it time to make our retreat.
Sebastian Witts . On Saturday, about eleven at night, the prisoner came into my house; I found him in my back kitchen; I knew him. He said, he had met with a bargain, and desired to leave the bundle there till he should call for it. We examined it, and found it contained these cloaths, and a gown. He left it there till these people came and took it away.
I had the bundle and the linen; I was found with the shirt on my back; but I did not steal any of them, for I happened to be somewhere about Temple Bar, where I met a man with a bundle; he asked me to buy it, which I did, and paid for it. I have no witness to my character: I am a Polish Jew ; I have lived here three years.
Guilty , T .
177. (M.) Margaret Masone , spinster , was indicted for stealing one linen gown, value 2 s. three check aprons, value 18 d. four linen jams, value 2 s. and one bed-gown, value 1 s. the property of John Evans , January 17 . +
William Harris , January 29 . +
Guilty , T .
179, 180, 181. (L.) William Lowe , William Porter , and John Kitchin , were indicted for stealing three pieces of linen cloth, containing one hundred yards, value 5 l. and twenty-four leather boot-wamps, value 5 s. the property of persons unknown, February 1 . ~
All three Acquitted .
182. (M.) Ann Layton , spinster , was indicted for stealing two muslin handkerchiefs, value 6 s. one pair of silver sleeve-buttons, value 1 s. two pair of shift sleeves, value 2 s. and one pair of cotton stockings, value 2 s. the property of Ann Treinbey , spinster , Jan. 14 . ++
The prosecutrix was called, but did not appear. Her recognizance was ordered to be estreated.
183. (M.) Charles Ashman was indicted for stealing one linen shirt, value 2 s. one linen apron, value 6 d. one pair of shoe-buckles, value 12 s. one pair of silver studs, value 2 s. one pair of worsted stockings, value 12 d. one linen bag, value 1 d. one half guinea, nine shillings and sixpence in money, numbered, and one hundred and fifty-six copper halfpence , the property of Thomas Vaughan , Dec. 28 . ~
Thomas Vaughan . I am waiter at the Crooked Billet, Kingsland Road . The house takes in travellers to lodge. On the twenty-second of December, the prisoner came to take a lodging. He continued there till the Friday after Christmas day. On the twenty-eighth I lay in the same room with him; there were two beds in that room, and two other persons that are lodgers lay in the same room likewise. The things mentioned in the indictment were locked up in a cloaths-chest in the room where I and the prisoner lay: I saw them the afternoon before I missed them, which was on the twenty-seventh. I had put some money in my box. I took out the key, and the next afternoon I went up again for a clean shirt and apron. I tried before I attempted to unlock the box. I saw that the nails that fastened the catch of the lid were all cut; these nails being out, there was nothing else to do but to lift up the lid of the box. I looked into the box, and missed all the things in the indictment. The prisoner's going away, and not returning again, induced me to suspect him. The other two men that lay in the same room continued in the house, but the prisoner was gone. Some time after, in January, the apron was found on him. I was not present when he was stopped. I brought him home; he had that blue apron on him, which is marked with the initial letters of my name. I am very certain that these buckles were mine; I know them by the discolour of them; being obliged to work in the wet in a cellar, the water had given them a yellow tinge.
- Lowtherfield. I am foreman to Mr. Harrington, a pawnbroker in Turnball-street. The prisoner pawned these buckles at our house for nine shillings: I am certain he is the person; I had known him six months before.
John Rush . I am the constable. When the prisoner was committed to my care, I heard him own that he took out the buckles and the money. He said, he had broke open the box with a pair of scissars, and a small heater. He told me where he had pawned these buckles; that it was in Turnball-street, but did not say the name of the pawnbroker; but he went with me, and shewed me the house, and there the buckles were. This confession was made voluntarily.
I did not break open the box.
For the Prisoner.
Guilty , T .
Guilty , B .
James Hughes was indicted for committing a rape on the body of Mary Agness Mango , spinster , February the 10th .
The prosecutrix was called but did not appear. Acquitted .
186. (M.) Matthew Murray was indicted for breaking and entering the dwelling house of Joseph Holroid , on the third of May, 1769 , about the hour of one in the night, and stealing one silver punch-ladle, value 5 s. one silver tablespoon, value 10 s. and one silver tea-spoon, value two shillings, the property of the said Joseph, in his dwelling-house . ++
Joseph Holroid . I keep the Black Dog, a public house in Mile End road . My house was broke open two years ago come the second of next May. I shut up the house myself on Tuesday night, the first of May, about twelve o'clock. About five o'clock next morning the chair-woman came to work, and found the door open; she called me up: I found the sash open; they had forced the bottom and middle bolt of it. The things mentioned in the indictment, and some others, were taken out of the bar which was broke open. I advertized them the next Thursday, and on Sunday I had notice of them from Mr. Edwards, a pawn-broker. On Monday I went and fetched them, and put them into the hands of a constable. I went to Sir John Fielding 's and got a warrant, but I could not find Murray, the prisoner; he was gone to Ireland. The prisoner was taken up for something else about three weeks ago. I had a maid that was intimate with him.
Q. When did you first hear of the prisoner's return from Ireland?
Holroid. I had heard of it this twelve-month. I had fought for him, but could not meet with him.
Q. Has not he kept a house for this twelve-month past, to your knowledge?
Holroid. I might have heard that he has.
Q. Did you never go to that house to enquire for him?
(Produced in Court, and deposed to by the prosecutor.)
The prisoner in his defence said, that he kept a house in Rosemary-lane, and let a lodging to Frank Dew , and William Kenny ; that they went away in the night on the sixth of May; that when he got up he found several things belonging to them in the room, among the rest the things mentioned in the indictment, which he took to pay for a quarter's rent that they owed him. He called a woman that lived servant with him, who deposed that the things were left by Daw and Kenny. He called to his character James Burdett , who had known him six years by seeing him at a public-house, but did not even know his business; and James Brady , with whom he dealt for bread, who gave him a good character.
Guilty of stealing only , T .
Guilty , T .
188. (M.) Edward Beddington was indicted for stealing one cloth waistcoat, value three shillings, the property of James Buck , and one plush coat, value fifteen shillings , the property of Robert Saltmarsh , Feb. 18 . ++
Guilty , T .
All three Guilty , T .
Guilty, 10 d . W .
Elizabeth Farmer , spinster , was indicted for stealing one cotton gown, value 2 s. and one linen gown, value 6 d. the property of Robert Cox , Feb. 6 . ++
Guilty , T .
194, 195. (M.) Mary Carnan , and Elizabeth Moran , were indicted, the first stealing one linen sheet, value 2 s. one patch-worked quilt, value 1 s. one bed-gown, value 1 s. one linen shirt, value 1 s. and one check apron, value 1 s. the property of John Welch ; and the other for receiving the above goods well knowing them to have been stolen . ||
Both Acquitted .
196, 197, 198, 199, 200. (M.) Matthew Matthewson , William Parker , Richard Coleman , Arthur Healy , and Jeremiah Harrington , were indicted for stealing one silk and stuff gown, value 10 s. and 6 d. another silk and stuff gown, value 10 s. and 6 d. four ruffle shirts, value 12 s. three plain shirts, value 6 s. and one muslin apron, value 1 s. two childs lawn aprons, value 1 s. one muslin apron, value 6 d. and two night-caps, value 6 d the property of Eugene Keeling , Feb. 16 . ||
All five acquitted .
201. (M.) Benjamin Cox was indicted for stealing one watch, the inside case gold, the outside shagreen, value 6 l. one steel chain, value 2 s. one enamelled gold mourning ring value 8 s. one garnet ring set in gold, value 2 s. two japan dressing boxes, value 2 s. one gold egg, value 4 d. one enamelled globe, value 6 d. one locket, with an enamelled picture, value 1 s. one chrystal locket, set in pinchbeck, value 6 d. one enamelled snuff-box, value 6 d. one pair of stone buckles set in silver, value 1 s. one pair of moco buttons set in silver, value 1 s. and one pair of studs, set in gilt metal, value 1 s. the property of Edward Hitchcock , in his dwelling-house , December 18 . ||
202, 203. (M.) Richard Pearse , and William Cox , were indicted for stealing two white lawn childs jambs, value 12 s. one other white lawn jamb, value 3 s. one blue and white striped sattin child's skirt, value 5 s. one pink stuff child's skirt, value 3 s. one dimitty petticoat, one flannel petticoat, one pair of stays, three shifts, value 5 s. and a towel, value 6 d. the property of Henry Parr , February 2 . ||
Both Acquitted .
See them tried No. 599, 600, and 612, 613. in Mr. Alderman Trecothick's-mayoralty.
204, 205. (M.) Mary Clark , and Margaret Dyer , spinsters , were indicted, the first for stealing one canvas bag, value 1 d. twelve guineas, two half guineas, and 5 s. in money, numbered, the property of George Jones , privately from his person; and the other for being present, aiding, abetting, comforting, and maintaining her in commiting the said felony . ||
Both acquitted .
Guilty , T .
Guilty , T .
208, 209, 210. (M.) James Metcalf , Edward Parker , and Peter Cook , were indicted, for stealing two linen shirts, value 2 s. and one linen neckcloth, value 6 d. the property of Daniel Clark , Jan. 22 . ||
All three acquitted .
211, 212. (M.) Thomas Husa , otherwise Hughes , and Silvester Brooks , were indicted, the first for stealing, on the twenty-fourth of January , four feet four inches of new fir timber, one wooden log of beach, six feet of new fir timber, six feet other fir timber, six feet other fir timber, five feet new fir timber, four feet four inches other new fir timber, four feet four inches oak, nine pieces of other oak timber, two pieces of other fir timber,Thomas Taylor ; and the other for receiving the said goods, well knowing them to have been stolen . ||
Both Acquitted .
213, 214, 215, 216, 217, 218, 219. (M.) Benjamin Slim , John Starr , John Wyat , James Little , James Wood , otherwise Maywood , Joseph Wood , otherwise Maywood , and Thomas Cherington , were indicted for stealing forty-two pounds of unmanufactured flax, value 12 s. half a hundred weight of unmanufactured Petersburg hemp, value 13 s. eighteen pounds of unmanufactured fine woollen flax, value 13 s. and 6 d. thirty pounds of manufactured green hemp, value 12 s. and 6 d. one half pound brass weight, value 6 d. and two four ounce brass weights, value 6 d. the property of Thomas Burrell , September 8 . ||
The prosecutor was called, but did not appear. His recognizance was ordered to be estreated. All acquitted . The Court granted them a copy of their indictment.
220. (M.) John Crump was indicted for stealing eight pair of leather breeches, value 40 s. one pair of cloth breeches, value 6 d. one black cardinal, value 2 s. and one linen tablecloth, value 1 s. the property of Amos Green , February 3 . ++
Guilty , T .
Guilty , T .
224. (M.) Edward Smith was indicted for stealing one iron key, value 2 d. one wooden box, value 1 s. three cotton gowns, value 15 s. three linen gowns, value 7 s. one linen shift, value 1 s. two trunks, value 2 s. nine chairs, value 9 s. one blanket, value 1 s. one feather-bed, value 10 s. and one looking-glass, value 5 s. the property of Jeremiah Barcellona , January 29, 1770 . ++
Acquitted . - See No. 982.
The prosecutrix was called but did not appear. Acquitted .
226. (M.) Simon Clark was indicted for breaking and entering the dwelling house of James White , on the twenty-fourth of May , about the hour of four in the night, and stealing two pair of silver shoe-buckles, value 10 s. one silver tea-spoon, value 6 d. and 6 l. in money, numbered, the property of the said James, in his dwelling-house . ||
227, 228. (M.) Benjamin Thornton , otherwise Thornhill , and Mary Gibbons , were indicted, the first for stealing four feather-beds, value 6 l. one mattrass, value 10 s. five pillows, value 10 s. eleven blankets, value 20 s. two quilts, value 10 s. one rug, value 6 s. one coverlid, value 3 s. four morine curtains, value 40 s. one china nun, value 5 s. four china lambs, value 5 s. four china jarrs, value 2 s. one brewing copper, value 20 s. one dripping-pan, value 5 s. one candle-box, value 1 s. six stew-pans, value 20 s. seven copper covers, value 7 s. two pottage pots, value 5 s. two copper-skuttles, value 2 s. two brass pails, value 10 s. one copper pail, value 10 s. two copper tea-kettles, value 7 s. one copper coffee-pot, value 1 s. one copper warming-pan, value 5 s. one pewter cullendar, value 5 s. two pewter plates, value 2 s. the property of Mary Martin ,
Mary Martin . My house at Chelsea was broke open, and a great many goods taken out of it. I was not in the house at the time. I have brought the pillow which matches this bolster. I bought the ticking and made them all of the same. I can sware to the bolster, three blankets, and the whole set of morine furniture.
James Wise . I live at Chelsea. I am a cow-keeper. I rent a field of Mrs. Martin at twenty-five pounds a year. I have seen the prisoner about the field that joins to the house two or three days before the robbery. I saw him there two or three times; he sat upon a stile that is about two hundred yards from Mrs. Martin's: I saw him go into a ditch adjoining to Mrs. Martin's shrubbery.
Charles Warren . I am a constable. I went to the prisoner on the seventh of January: the landlady that let him his room came to me between seven and eight, and said there was a new bed carried out of the house, but could not tell by whom.
Q. Do you know his lodgings?
Warren. Yes; No. 7, Carriers-street, St. Giles's; a single room up two pair of stairs. She said she insisted upon my going with her to see that none of her goods were carried out. It was sometime before I would go with her; at last I did: the landlady went up first; the door was open: I said to the landlady, Please to look round, and see that your property is here: she said they were all, except one blanket, a long bolster, and an old blanket.
Q. Did you see any other thing there but what was the property of the landlady?
Warren. This table-cloth and old blanket she said were not hers, and a bolster. Thornton came up, and swore, that if he catched an officer in the room, he would use him ill: he came up into the room; the landlady and I were in the room; he said nobody had any business to break his room open, or to enter his room: with that he took up a plate; I had my short staff in my hand; I bid him not be outrageous; he flung it down on the floor: I said I only came to see that this gentlewoman's were in the room. I asked him if the other things were his property; he said, what was that to me, he would not give me any account of it. Another man came up into the room: I charged him to aid and assist, and we took him to the justice: he said he would not be led: he said, Here is a watch that cost me a good deal of money; take it, and I will come down to you: I said I would not quit him till I had him before the justice: the justice examined him, and asked how he came by these things; he said he bought them of an old cloaths-man in Brown's-Gardens. Then the justice asked him were he worked last; he said with a man in Monmouth-street. The justice ordered me to go and enquire of another master where he said he worked in Monmouth-street. I went to search for this man; he never lived in Monmouth-street; he still stood to it that he bought them: he was discharged that night.
Prosecutrix. The bolster, the new blanket, and the old blanket are all mine: the old blanket is marked, the new is not marked: I cannot so well swear to that on that account; I can to all the rest.
Arthur Hewetson . I am a constable. On the 12th of January, a person came to inquire after Thornton at Mr. Welch's. I asked what he wanted; he said, to see him, he believed he was in a little trouble. I asked what he wanted with him, he would not tell me; I took him before Mr. Welch. The Justice desired him to go with me, and shew me where Thornton was gone to. I went to the place where Gibbons lodges; as soon as she saw me go past the window, she locked the door; I saw her as I passed the window, it was in Newtoner's lane. I demanded the key of the door; she refused it: at last, in four or five minutes she offered it to me. As soon as I went into the place there was that little china lamb and a jarr upon the chimney piece in the woman's lodgings; that was the ground floor. I took her directly away to Justice Welch; I lock'd the door, and left her in custody there, and went back again along with another person, one James Pomroy . There I found a brass pot, a copper tea-kettle, and the bed furniture things were by the fire: the bed furniture was in the dust hold. She said she asked Thornton which way he came by them. She said that she had them of Thornton: she said Thornton said, D - n your blood, what is it to you which way I came by them.
Q. She did not say in what way she had them from Thornton?
Q. from Thornton. Did you see me in the room?
Hewetson. I had never seen him in that room.
James Lyddell . I am Mrs. Martin's servant. I live in the house in King-street. On the 4th of January, in the morning, I went from her house in King-street to Chelsea; there was clay put into the lock of the iron gate: I made a way into the wash-house, and found the copper had been taken away, and the house had been rifled; they had got in by the back kitchen windows.
Q. Had you never seen them together?
Pomroy. Several times before: she was taken in the same room with him. I went with Hewetson to the prisoners in Newtoner's lane; the house they both lodged at. The people at the house said they lodged there; I never saw Thornton there; I can confirm the account that has been given of what was found in searching the house.
I lodged in Carrier street, under Mr. M'Domach; this girl lived with me at that time. There was a man called Thomas Man lodged in the one pair of stairs; my wife; as I called her, who then lived with me, had some words with Mr. M'Domach. She told her she saw a bed, and she said she thought we had robbed her lodgings of one of her beds; She brought them >up to me, and said she did not care to let them stay. News was brought to me that they were searching my room. When I came up there was Mr. Warren and two people with him: I asked why the pillow was brought into my lodgings by M'Domach's wife.
On the Friday evening we were taken up, Thomas Man came and sk to let him leave them; he said he would not leave them longer than next day. When my husband came home at night I told him such a person had been there, and left the things. I never saw the things: I did not know what he had left there.
Thornton, Guilty 39 s .
Gibbons, Acquitted .
Q. Do you know the defendant Mr. Talbot?
Payne. Yes, very well.
Q. Do you see him?
Payne. Yes, there he stands.
Q. Have you seen him at any time in any mass house or chappel?
Payne. I shall beg leave to speak a few words before I give any evidence of what passed before Lord Mansfield.
Court. We have nothing to do with what passed before Lord Mansfield?
Payne. If this gentleman will enter into recognizance to shut up the two places, I am willing to drop this prosecution.
Court. That is not a thing proper to be proposed in court. I am here to hear the cause, we cannot attend to such a proposition?
Payne. At the time that Sir William Stephenson was lord mayor of the city, I was then an officer; hearing of two mass houses in the city, Mr. Gates and I went together into Ropemaker's Alley; there is a mass house there that will hold, I believe, a thousand people: it was on the second of June 1765; I saw this gentleman dressed, I think it was in white, with a cross on his back, and I believe another on his breast, with a mitre on his head.
Council for the prisoner. My Lord, I don't conceive that this evidence is now at liberty to go into evidence so late back as the year 1765; the day in the indictment is the 10th of June, I hope your lordship and the court will not allow Mr. Payne to go into such evidence. The indictment charges this on the 10th of June last; can you speak to any facts on that particular day?
Payne. The day I can speak to in particular is the second of June, 1765.
Q. Do you know the defendant Mr. Talbot?
Saunders. Where is he.
Council. Find him out.
Saunders. I have seen a person I am told was he: I received a particular description of the gentleman.
Q. Where did you see this person? What have you got in your hand?
Saunders. Only a memorandum of the particulars: I have the original in my pocket: I made the original at the time the affair happened on the seventh of January, 1770; here is the original: the day before that was Saturday. Mr. Payne asked me to go to that place; he said, Bishop Talbot was to preach: he gave me a particular description of his person, as a man well advanced in years, and a meagre thin countenance, and that he was to have a mitre on his head; it was in White's Alley, Moorfields ; it was in a very large room fitted up for public worship: a person said mass that day, whose name they told me was Wheeler: I do not know him if I saw him, the robes make such a difference in their appearance.
Q. Who did you say preached?
Saunders. This person preached; when I came out there were a great number of people there besides their own; they said, that was Bishop Talbot; they told me so next day.
Q. How was the person dressed that preached?
Saunders. In a white robe.
Q. What were the particulars?
Saunders. He had a cap on when he came in, but he took it off.
Q. What was the cap?
Saunders. A blackish cap.
Q. Did he put any thing else on?
Saunders. Nothing then, but preached.
Q. Did you see him at any other time?
Saunders. Yes, at two other times, June the 10th; it was the same person, he preached and catechised three young children.
Q. Was that at the same place?
Q. How was he dressed then?
Saunders. In the same manner.
Q. Did you see any thing on his head then?
Saunders. No, nothing as I remember then.
Saunders. I understand he confirmed three children; I am told since it was catechising; I do not know from my own knowledge.
Q. Was there any particular ceremony used with these children?
Saunders. After catechising of them he laid his hands on their heads and repeated some benedictions.
Q. Was there any mass that day?
Q. Who said mass?
Saunders. One Mr. Dilton.
Q. Did Talbot say mass?
Saunders. No, this was in the afternoon.
Q. Do you know any thing further?
Saunders. On the 24th of June the same person as before preached.
Q. Was there any mass then?
Q. Who said mass then?
Saunders. I do not know whether Dillon or some other person; I did not take a memorandum of that.
Q. Did you see any thing else done?
Saunders. No, nothing else whatever, only there was one thing last Thursday. I met a person, who is either a brewer's clerk or a cooper, who endeavoured to frighten me from coming here.
Court. You must not tell us any thing of any conversation that passed elsewhere. Did any body else say mass besides Dillon?
Saunders. Yes, one Fowler.
Q. Did Mr. Talbot say mass on the 10th of June: did you at any of these days hear Mr. Talbot say mass?
Saunders. The person, called Talbot, said mass one day.
Q. One day he did say mass; was it June the seventh?
Saunders. No, I believe the 24th of June was the day: I know I made a memorandum of it (looks at his papers) he did not say mass, he only preached.
Q. Did he administer the Sacrament any time?
Saunders. They administered the Sacrament to several people; the person called Talbot was one of them.
Q. When w as that?
Saunders. It does not mention the day; I believe it was on the tenth of June, I am not certain.
Q. Did he administer the Sacrament?
Q. After what form?
Saunders. The form of the Jewish ritual.
Q. Look about and see if you can see the person?
Saunders. I do not see any such person here; the person was far advanced in years that I saw. I do not see any such person.
Q. You have produced a paper you made at that time: I suppose you took a minute of all that passed at that time?
Saunders. Not particularly.
Q. Did you omit any thing?
Saunders. It was not in my power to remember every thing that was said.
Q. You have said one, two and three Sundays?
Saunders. June the seventh, one Wheeler said mass; the person called Bishop Talbot preached on these words, my sheep hear my voice. June 10, one Dillon said mass, and Bishop Talbot preached, and either catechised or confirmed.
Q. Did you put down these memorandums on those particular days, or put them all down together?
Saunders. I put them down on particular bits of paper, and put them on one afterwards.
Q. When were these three put together?
Saunders. They were writ a long while ago.
Q. Was this wrote last week, or the week before?
Q. Was it wrote this week or last; was it wrote this week?
Q. Was it last week?
Saunders. Possibly it was.
Q. Here is nothing here of any bodies administering the Sacrament at all; you thought it so immaterial you did not put it down?
Saunders. I saw it administered there several times.
Q. As you speak with great caution, for which you ought to be very much commended, was the person thus described to you; I will not ask by whom, on the seventh of January, tenth of June, and twenty-fourth of June, by the name of Bishop Talbot: was that the same person all these days?
Saunders. Yes, that very same person that was described to me.
Saunders. It was in the afternoon he preached; I believe all the times was afternoon: no, one was in the forenoon, from eleven to one, in the afternoon from three to five.
Q. Have you been there often?
Saunders. I have been there many years ago.
Q. Whether you ever knew mass, except on one particular day in the year, last longer than twelve o'clock?
Saunders. No, I never did.
Q. You know this was Trinity Sunday?
Q. I am pretty sure mass is not quite finished about ten minutes before twelve; what time might it begin?
Saunders. About eleven; it takes up generally between forty and fifty minutes.
Q. What time did preaching begin in the afternoon?
Saunders. I believe it might be some little matter after three, and then vespers are said, which is done about a quarter, perhaps, before five.
Q. By whose orders did you go?
Saunders. It was by Mr. Payne's desire I went.
Q. What had he to do in this matter?
Saunders. I was, and am under pecuniary obligations to him.
Q. What has that to do with your going to enquire after these catholicks?
Saunders. Because, in consequence of my obligations I was under to him, I could not deny any thing he asked me.
Q. I suppose you gave him an account from time to time of what you saw?
Saunders. I did; there may be many other things I had not copies of.
Q. Are they your hand writing (shewing him four letters.)
Saunders. Yes; (they are put into court.)
Q. Did you never see him?
Thomson. Not to my knowledge.
Q. Did you never see him?
Goddard. I do not know the gentleman if I meet him in the street.
Q. That you are assured of?
Goddard. Yes, very well assured of it.
Patman. No, Sir.
Q. Did you never see him?
Q. Have you seen him here to day?
Brown. I do not see him (looks a little about her) I have heard of him as being a gentleman.
Q. Do you know what he is?
Brown. No, I know no more of him than any other gentleman.
Q. Did you ever see him perform any offices in the church?
Brown. No, that is not a fair question.
Q. Do you know Mr. Talbot?
Hancock. No, I do not, I never saw him till last Monday; they told me it was Mr. Talbot.
Q. Do you remember ever seeing him before that time: do you see him in court now?
Hancock. No, I do not; I do not know him; I should not know him if I was to meet him in the street.
Q. Do you know Mr. Talbot?
Q. Have you never seen him?
Molyner. Not in my life to my knowledge: I have never heard of his name to my knowledge till within this four or five days: I do not know him from any gentleman in this company.
Q. Do you know Mr. Talbot?
Roderie. I do not understand English.
Q. Do you know Mr. Talbot?
Roderie. If I see him I know him.
Q. What is his christian name?
Roderie. I do not know no more than Mr. Talbot; I am a Portuguese.
Q. Do you know whether Mr. Talbot is a Popish bishop or not?
Roderie. I do not know.
Council for the crown. My lord, we despair of being able to make out the charge against the defendant.
Edward Smith was indicted for wilful and corrupt perjury , in swearing, at last sessions at the Old Bailey, that lieutenant Charles Hay robbed him of a quantity of wearing apparel, the contrary of which is asserted to be the truth, Dec. 5 . ++
(The copy of the record of the trial of lieutenant Hay read.)
Joseph Gurney . I attended this court in December sessions. I took down the trial of lieutenant Hay, who was prosecuted by the prisoner at the bar for robbing him of a bundle of wearing apparel, specified in the indictment. The prisoner, in his evidence, swore, that he called in by accident at the City of Bristol, a public house near Iron Gate; that he had a porter with him, who had the bundle containing the things mentioned in the indictment. That Mr. Hay came into the house; that then he (the prisoner) ordered the porter to take the bundle away; that Mr. Hay insisted upon it he would have them; that there was a scuffle between Mr. Hay and the porter: that a press gang belonging to Mr. Hay came up to the porter with their clubs, which obliged him to deliver it to Mr. Hay; that Mr. Hay gave it to one of his men, and ordered him to lock it up for his (Mr. Hay's) use. Upon his cross examination, he said, he bought the goods for one Moses Kennedy , who was second mate to the Eagle: that Moses Kennedy owed him money: that he had not been in the house before; that he did not send for the press gang to press Kennedy; that Kennedy had been in the house that day before; that he wanted them to press one William Jackson ; that Kennedy was in the house, and was pressed before he (Smith) came into the house, and that Kennedy did not own the cloaths: that Mr. Hay gave no reason for taking the cloaths, and that from his soul he believed Mr. Hay took them with an intent to steal them; and that there was nothing said of his having bought them for Kennedy.
For the evidence at large, see the trial of Mr. Hay, No. 2, in this mayoralty.
Richard Williams . On the 20th of October last I belonged to Lieutenant Haye 's rendezvous, which was in the City of Bristol, a public house, at Iron Gate. At half an hour after six in the evening, I was in the public kitchen by myself, writing a letter: I might be there about ten minutes; one of our people came to me, and said there was a man in the tap-room wanted to speak with me. I asked him his business; he said he was come with an information to press a man. I asked where he was; he said he did not know, but begg'd I would go into the tap room. The prisoner at the bar and the landlord came into the kitchen to me with some gin; they asked me to drink I said to the prisoner, For what acquaintance? he said, he had come with an information. I said, if I must go, I must: I drank a glass of gin, and three of our people went along with me. Going along, I asked where it was to; he said, to the Queen's Head on Tower-hill. I asked who was there; he said, the second mate of a vessel was there now shipping hands. He said, there were two ways to go into the house: he said, you and I will go in at one door, your ship-mate and you at the other. The prisoner sat down; I did not take him to be the landlord of the house, I took him to be a stranger till afterwards; he said he would pay for the liquor. He sat down, and took a pipe, and kindled it. I called for some beer; the landlady was sitting. I said to her, Have you here a mate of a vessel shipping hands? she said, No, he was not there. Then a girl comes to me, and said it was treachery. I said to the other people, it is time for us to be going: what we drank we paid for, and came away. After we had been at the City of Bristol about ten minutes, a messenger came to us to go up again to Smith's; I said, they are only playing tricks with us, it is to no purpose to go: this was between seven and eight on Saturday. Afterwards the prisoner came in, and a porter with him with a bundle of clothes under his arm: they came into the kitchen, and a man, that I found afterwards to be Kennedy, stood just by the fire. The prisoner took the two-arm'd-chair, and sat down by the fire; he pointed to the man, and said aloud to me, that is your man. He was very well dress'd. Kennedy and I went up to him, and said, Pray, Sir, have you any protection? he said, None at all. I said, What are you? he said, Second mate of the Eagle, and bound to the Bay of Honduras. I was obliged to detain him till my officer came in. Kennedy look'd round to Smith, and said, Is this your friendship to me to betray me? Smith turn'd it off with a laugh; and then Kennedy, going to
Q. Where was you ordered to carry the goods then?
Williams. Up into the rendezvous room, where Mr. Hay and the rest of the gentlemen did their business. After that I came down; Smith and Kennedy still had words about the things: Smith said they were his, and Kennedy said they were his: Kennedy said, Do you or not owe me money? Smith said, No: Kennedy said, You owe me the sum of four guineas; he repeated it, and the second time Smith owned he owed Kennedy the sum of four guineas. Kennedy asked him the third time; then he denied that he owed him four guineas. Monday was the regulating day; I went on board the tender on Monday. As I was walking the deck, pretty near twelve o'clock, I saw Smith there. Kennedy was then in the hold; Mr. Hay was in the cabin. Smith asked me what was to be done with the clothes; I said he would hear presently. He said, Why they are mine. I said, You heard what our lieutenant told you on Saturday. He said, Here is the receipt; I bought the things. I said, Why did you presume to come down to our house to have this man press'd? I imagine you bought these things for the man to have if he went on board his ship quietly; he said yes' but he wanted a whore; he turn'd it off with a laugh, and swore he would play the devil with our lieutenant. The clothes were sent on board by order of the regulating captain: I imagine Kennedy had the clothes afterwards; no person touched them except myself and Kennedy, and the porter: he never had his hand on them; he only saw them under my arm.
Q. You pressed Kennedy?
Williams. I was one of them.
Q. Who brought the cloaths into the house?
Williams. The porter.
Q. Who was the porter with?
Williams. Along with Smith and Kennedy.
Q. Whose servant did the porter appear to you to be, upon your oath?
Williams. I believe, on my oath, he must be Smith's servant, as having the cloaths with him.
Q. During the time the porter and Smith remained there, the porter, to rest himself, I suppose, had put the bundle on the table?
Williams. Yes; and put himself down by the cloaths.
Q. The porter had never quitted the possession of the bundle?
Williams. Not till such time as Kennedy took them from the table.
Q. The man never voluntarily parted with the possession of his bundle?
Q. Pray, did he sit upon them?
Williams. No; he sat-down along-side of them, on the table.
Q. What could be the intention of the porter sitting down by the bundle?
Williams. It might be till he delivered them up to take care of them.
Q. Then Kennedy went and took them away. Were they on the bench or table?
Williams. On the table.
Q. Upon your oath, did the porter part with them willingly?
Williams. The porter never mentioned a word, nor a single syllable; he sat still.
Q. He did nothing, nor said nothing to stop them?
Williams. I cannot say the very particulars of what the porter said.
Q. Will you take upon you to swear, that the porter did or said nothing to prevent Kennedy's taking them?
Q. Had he hold of them?
Williams. He had not his hand on them.
Q. Did not Smith speak immediately?
Williams. Yes; he said, They are mine. When Kennedy put them down on the copper, Smith jumped up, and took them from the copper.
Q. How far was the copper from the table?
Williams. About two yards.
Q. Did Kennedy catch them up in a hurry?
Williams. Yes, it might be so; he took them up.
Q. So Smith went and fetched them?
Williams. He was sitting by the fire, in a two armed chair.
Q. Did not Smith by that shew he would not part with the cloaths?
Williams. He told the porter to take care of them, for they were his goods.
Q. Did not he deliver them to the porter again?
Williams. He put them down on the table a second time, and bid the porter take care of them; he put them down by the porter.
Q. Did Kennedy say any thing to that, or give any reason why he should not do it?
Williams. Kennedy went to the table again, and took them from the table, and gave them to me, and insisted upon my taking care of them for him.
Q. Was not that objected to by Smith?
Williams. Smith said, they were his, but he did not offer to take them out of my hand.
Q. How many of the press gang were round him at this time?
Q. When Smith still persisted in having his cloaths, where did Mr. Hay order them to be carried?
Williams. To the rendezvous.
Q. Is that a public room?
Williams. Yes; used by him and his officers.
Q. Is that the evidence you gave at the last trial?
Williams. Yes; as near as I can guess.
Q. Did you give evidence that Mr. Hay ordered them to be carried up to his own room?
Williams. That was not mentioned; that is to the rendezvous or his room; he rented the room at so much a week, but did not lodge there: he had another room.
Q. Did Kennedy and Smith come together?
Barton. Yes; and a porter with them. The porter had a bundle of clothes under his arm.
Q. How came you to press him?
Barton. Smith pointed to him, and said that was the man: he had been down before with an information.
Q. What was said about the bundle of clothes?
Barton. After he was pressed he went up to the porter, and took the cloaths, and put them on the copper. I believe the clothes were lying on the table near the porter; whether under his arm, or lying on the table, I cannot tell. Kennedy laid them on the copper; Smith, I believe, went and took the clothes; either Smith or the porter took them from the copper, and the porter had them in possession again. Smith demanded the clothes, and said they were his property. Kennedy talked to him, said several words to Smith: Kennedy said the clothes were his: Smith said they were his.
Q. Was this before or after Mr. Hay came in?
Barton. Before: he was not in the house at that time; he came in about four or five minutes after it was over, and the clothes were in our possession: the last witness had the clothes under his arm.
Q. When Mr. Hay came into the room what passed then?
Barton. He asked what was the matter; I told him about the man being press'd. Smith said the clothes were his. Mr. Hay said, Good man, I cannot tell who the clothes belong to; but whoever they belong to, they shall have them. Kennedy insisted upon his keeping them for him, for they were his property. Kennedy insisted that as he was pressed, we should take care of them for him. Mr. Hay bid us carry them up into his room till Monday, and whoever they belonged to, should have them: he said so before Mr. Smith, and before all. Smith said but very little; then Kennedy insisted upon it they were his, and delivered them to us. He said the clothes belonged to him, and insisted upon our taking care of them.
Q. There was a talk of money owing between Kennedy and Smith?
Q. Now on Monday on the regulating day what passed?
Barton. I was not on board the tender.
Q. You saw all this scuffle about the clothes between Smith and Kennedy?
Barton. I saw him take the clothes from the porter, and delivered them to this Williams.
Q. Kennedy, you say, insisted upon your taking care of the clothes for him?
Q. What, the people of the gang?
Barton. Yes; he insisted we should take care of the clothes for him.
Q. What did Mr. Hay do; where did he order them to be carried?
Barton. Up stairs, in the room: I cannot say whether he mentioned rendezvous room.
Q. Did not Smith at that time say he had not parted with the clothes?
Barton. Smith said at that time the clothes belonged to him; Kennedy insisted upon it they were his property.
Q. Did not Smith say he had bought them that afternoon, and had not been paid for them; did not he offer to shew a bill and receipt?
Barton. Not to my knowledge.
Q. Were they carried into Mr. Hay's room?
Barton. In the rendezvous room; he does not lodge there.
Mary Gibson . I was present on Saturday at the City of Bristol; Mr. Smith, Kennedy, and the porter came in together: the porter had a bundle with clothes in it: when they came in, the press-gang press'd this Kennedy.
Q. How came they to press him?
Gibson. Smith came before with an information for them to press him: he pointed to him, and said, That is the man. Kennedy said he gave Smith a note to receive 4 l. for him, and he bought the clothes for him to go on board that evening. Kennedy said they were his property.
Q. Did Mr. Hay take the clothes to himself?
Gibson. He never touch'd them at all: he said the right owner should have them on Monday, when the man that was press'd was regulated.
Q. Each claim'd the cloaths and took them away.
Gibson. Yes; then Mr. Hay said he would order the clothes to be laid aside, and the right owner should have them on Monday.
Q. You heard what was said by Kennedy at the time?
Gibson. I heard some words.
Q. All that Kennedy said was that Mr. Smith had bought the clothes for him that afternoon; that he had given him a note to receive 4 l. of his wages. He did not say he had them delivered to him; Kennedy said Smith owed him money; they did not agree in their story?
Ann Rowland . I was in the kitchen at the time when they all three came in; Mr. Smith and his porter, and Kennedy came in together. Smith sat down in a chair in the kitchen: in came Rufus and William Barton . Smith pointed to the man, and said, That is your man. They went and asked him what he was, and if he had a protection; he said, No; he was mate of the Eagle; it lay at Union stairs, bound for Banduras. There was some clothes, in a bundle, a porter brought in under his arm, that was put down on the kitchen table. The porter sat down on a bench by the table. Then as soon as Kennedy found he was press'd, he said, You villain! is this the way you brought me here to be betray'd. He went to the table, and took the clothes from the table, and put them on the copper. Smith said they belonged to him; Kennedy said they did not. Kennedy said they belonged to me, and besides that you know you owe me four guineas, and I have got your note for it. Smith denied it; at last he own'd he did owe him four guineas. Mr. Hay came in at this time; he said, Lads, what is the matter? Williams said, a man is press'd. Kennedy went up to Captain Hay , and said that there were some clothes that Smith had insisted upon as belonging to him; that they were his own clothes. Then Mr. Hay said, if the clothes did belong to him he should have them: he said, Come on board the tender on Monday.
Q. Did Smith in the presence of Mr. Hay insist upon their being his clothes?
Rowland. Yes. Then Mr. Hay said, Come on board the tender on Monday, and we shall see who is the right owner of the clothes; and if they belong to you, you shall have them. HeRichard Williams to carry them up into the rendezvous room, to be taken care of till the Monday of regulation.
Q. Was you tried here for this felony?
Q. Do you remember Smith's evidence? I don't mean to trouble you with all that evidence; please to give an account of the transaction on Saturday night and on Monday night.
Hay. It was about seven in the evening when I came in, or a little after. I found at my rendezvous three or four people in the kitchen. I desired to know the reason of the confusion; I found them a little confused. Smith and the men that were impressed were disputing about a bundle of clothes. When I came to be informed of the matter, that the man had no protection, I said, Very well my lad, I will put you on board the tender; and as for the clothes, whose property they are, that matter should be settled before the regulating captain.
Q. Did Kennedy insist upon their being his own clothes in your presence?
Hay. Yes; each of them claimed a right to the clothes: I was not at liberty to know whose property they were. I ordered the clothes up into my rendezvous room (a large room I do business in) till Monday.
Q. Had Smith any objection to their being put aside in order to being kept till Monday?
Hay. I don't remember in the least that he made any objection.
Q. On Monday did you go on board the tender.
Hay. Yes, I did; and the captains, as they usually do, asked the men if he had any chest and bedding, or clothes: he said he had a bundle of clothes, his property, at my rendezvous.
Q. Was Smith there then?
Hay. I did not see Smith at all.
Q. To whom were the clothes delivered?
Hay. To the master of the tender; for which a receipt was given.
Guilty , T . - See No. 104.
John Hinkes . I am a tinman in Fleet-street . The prisoner came to me on December 5, by the name of Jackson. He said he wanted some tin goods; three dozen of lanthorns of a sort. I set them down on a slate. I said I must have time to get them ready. He said, well then I will call again to-morrow. I will go to one Dare at Charing Cross, and I shall get some things there. He came next day about noon, and said he had got ovens and several things, and I was to tell him what things I had got. I told him I had about a dozen lanthorns of a sort; he wanted three sizes I think, and he wanted seven ovens. As to the particulars I cannot say every thing; I believe there was a dozen candlesticks of a sort, and sauce-pans; and there were five bottles to hold four gallons each of oil; and there were thirty-two put into the five bottles. I advised him to have the oil in a cask, he said, the bottles would be of use to him when he came to Saint Kits, to hold aqua fortis. There were eighteen tin kettles; there were two dozen of candlesticks, I believe; and I think eighteen sauce-pans.
Q. All part of the original order?
Hinkes. Yes; he came in the evening, and said, he would come next day. I expected him at noon, he did not come till evening. That was the third time, I believe it might be about five or six o'clock. I invited him into the parlour, as I expected to be paid; he drank a dish of tea as he was a standing just at the fire. He stooped down and pulled out a little red pocketbook, and says, I have a note that is not due, and here is a check. He gave me this draught on Walpole, Clark, and Bourn, (producing it.) I took it into the closet. I had not cash enough. The first order was about 10 l. or odd. I went out to a neighbour and borrowed five guineas. When I returned again, he said, he would have three more stone bottles, which I believe made it forty shillings more. Upon that I gave him twelve guineas and three shillings, which was the balance. He was not to have had twelve guineas, but he said, people that I deal with allow discount; and as I expected his favours again, I allowed him discount; he should have had a shilling more. He said he would come on the morrow by twelve o'clock, which was the Saturday. I said the bottles of oil will not be ready by that time. He said he would come with a cart and take what I had, and come by four o'clock in the afternoon for the rest.
Q. What reason did he give for wanting them so soon?
Hinkes. He said he was going away.
Hinkes. I cannot say, I went in the morning with the check to Messrs. Walpole, Clark, and Bourn; they said they had no such person kept cash with them.
Q. Did he ever come for the goods?
Q. He mentioned that he was going to St. Kitts?
Q. How did he account for the hurry he was in for the goods?
Hinkes. He said he was going away directly.
Q. Is there any person of that name that keeps cash at your shop?
Q. Is there any person of that name that has lately kept cash at your shop?
Gerrard. I do not know that there ever was; ( the draught is read ). No. B 124. London, December 6, 1770. Mess. Walpole, Clark, and Bourne, pay Mr. William Thompson , or bearer, twenty-five pounds. R. Nennist.
25 : 0 : 0.
My witnesses are not here to prove I took the note. I should have been glad to have put my trial off.
Court. You did not make a proper affidavit, which would have been the foundation of the court to have put off your trial; from what you stated, from what your witnesses would have proved, I do not expect they would have been of any manner of service to you. The point is not so much where you received this note, as your not coming to the shop afterwards to take your goods.
Prisoner. I thought it was a good draught. I was very unwell for about a week after I lodged in Bolton Row.
Guilty , T .
See him tried No. 98, last sessions for forging this draught.
The Trials being ended, the court proceeded to give judgement as follows:
Received sentence of death, seven.
Transportation for 14 years, four.
Transportation for seven years, thirty-two.
John Sprosan , Elizabeth Marshall , William Croak , Francis Tudor , Solomon Wood , Benjamin Thornton , alias Thornhill; Rose Langley Desbries, Alexander Middleton , Simon Benjamin , Benjamin Saunders , John Moore , Christopher Moreton , Thomas James , Mary Roberts , Isabella Lakin, James William Watson , John Beach, Elizabeth Jones , Charles Ashman , Joseph Lashley , Ann Barfield , alias Bradfield; Matthew Murray , William Raby , Edward Beddington , Mary Lockwood , Sarah Harvey , Ann Randall , John Livesson , Thomas Sarjeant , Samuel Sullidge , Edward Smith , Robert Johnson , alias Jackson.
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