In the Eleventh Year of His MAJESTY's Reign. Being the Fourth SESSION in the MAYORALTY of The Right Honourable BRASS CROSBY, Esq; LORD-MAYOR of the CITY of LONDON.
NUMBER IV. 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 Honourable Sir RICHARD ADAMS , Knt. one of the Barons of his Majesty's Court of Exchequer *; the Honourable Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas +; JAMES EYRE , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
N. B. The *, +, ++, refer to the Judges by whom the Prisoners were tried.
1st London Jury.
2d London Jury.
1st Middlesex Jury.
2d Middlesex Jury.
Abraham Simons was indicted for stealing one hat laced with gold lace, value 3 s. and one plain hat, value 3 s. the property of Daniel Franco , April 3 . ++
Daniel Franco . I live in Fenchurch-street . Last Wednesday I missed the two hats in the indictment from my parlour; the prisoner brought them back about an hour after, he threw them into the house, and ran away; I ran after and took him. He wanted me to let him go.
Grace Davis . The prisoner used to come with lemons to the prosecutor's yard; I saw him come out of the yard with two hats in his hand, a plain and a laced one. I met him again about a quarter of an hour afterwards, near Cree-Church; I told him the hats were missed, and advised him to carry them back again. He appeared to be a good deal frightened. I am a chair woman, and worked at Mr. Franco's.
I went and asked Mr. Franco if he wanted any lemons. I saw a man stand at the gate with the two hats in his hand; he asked me to buy them: I took them to sell. This woman afterwards told me they were stolen. I told the man I would have nothing to do with them; I bid him carry them back. He went to carry them back; Mr. Franco ran after him; he got off; and Mr. Franco took hold of me.
For the Prisoner.
Francis Davis . I live in Petty France ; I am a pawnbroker : the prisoner used my shop. I missed the gown about ten minutes after she had been in the shop. It hung up near the door, upon a hook, for sale. I followed her, and overtook her. I desired her to come back with me; she did: and, when she came back, she threw the gown away from her in the passage. I saw her untie her apron and throw it out (the gown produced and deposed to.) She tore it in pulling it off the hook.
Q. from the Prisoner. Was any body in the shop, after me, before you missed it?
Davis. No; I was an hour and an half before I found her.
I went into Mr. Davis's to pawn a bed gown for one shilling and six-pence. I went to buy some meat for my four children. I went to a public house; he sent for me out, and said his wife wanted me. I went home with him: then he charged me with stealing the gown. I am as innocent as the child unborn.
For the Prisoner.
Q. How many children has she got?
Sunderland. I don't know of any; it is a year ago since she lived with me.
Q. Has she any children?
George. Yes; four.
Q. How came the last woman not to know that?
George. They were out, I suppose.
Q. Are you sure she has any children?
George. Yes; very sure.
Q. Do you know what family she has?
Kennedy. I have heard her talk of her children, but I never saw them.
234 (1st M.) George Carey was indicted for stealing fifteen linen shirts, value 4 l. seven pair of silk stockings, value 40 s. fourteen linen handkerchiefs, value 14 s. one silk gown, value 10 s. one linen gown, value 10 s. two pair of linen sheets, value 20 s. and four linenSarah Spicer , widow , April 4 . *
Sarah Spicer . I lodge at Mr. Orme's, in Marybone-street, St. James's parish . I went out about four o'clock in the afternoon, on the fourth of April. I double locked the door. I was sent for home in about a quarter of an hour. When I came back I found my linen tied up in bundles, upon the floor, containing the things mentioned in the indictment (repeats them.) I think they were in three bundles. When I went out, I left some upon a chest of drawers, some upon a horse, and some upon a bed. One parcel was pinned up in a handkerchief, upon one end of the drawers, that contained seven shirts, which were ironed ready to go home. I did not miss any thing out of the room. The prisoner was in the shop when I came back.
Alice Macaulay . I have the shop and two rooms in the house. Mrs. Spicer desired my boy to have an eye to her door whilst she was out, as there was nobody in the house besides me. I saw her go out. About two minutes after, I heard the latch of the door which goes into the passage lift up. I went to the door, and asked the prisoner who he wanted. He had opened the door, it was on Monday; he said he wanted Mrs. Jones, the washerwoman. I told him no such person lodged in the house. He went out, and latched the door after him. That passage leads up stairs. In a quarter of an hour after, Mrs. Smith came home, and went up stairs: she came down, and told me two young men had taken a candle from her: that there were two young men in Mrs. Spicer's room. We bolted the door, and ran up stairs. They both slipped down stairs; I saw nobody. They slipped down stairs while she was gone up to her own room. I saw the three bundles tied up in the room. I went to Mrs. Spicer's son. Whilst we were talking of it, Mrs. Smith saw two men coming by. She said the prisoner was the man that took the candle out of her hand. Two women pursued them, and Mrs. Barns brought him back. I am sure he is the man that unlatched the door. He denied he had been in the room.
Mrs. Smith. I lodged at Mr. Orme's. I came home about four o'clock. I went up stairs, and brought a candle to Mrs. Spicers, I knocked at her door, and asked to light it; I wanted to light my fire. The prisoner opened the door; I asked him to light my candle; he gave it to another man in the room. He blowed at the fire, and endeavoured to light some paper, but could not. I asked them for my candle again; they were some time before they gave it me. I said I would go down stairs and light it. I went up and locked my own door, and then went down stairs: When I came to the door, the prisoner was shutting-to the door; he held it against me; he was on the outside. I pulled it open at last, and passed by him. I went into Mrs. Macaulays room, and asked to light my candle. In about twenty minutes, Mrs Barns brought the prisoner into the shop.
Q. Did you hear him say any thing about his having been in the room?
Smith. Not then. Whilst I stood at the door, I saw the prisoner, and the other man, pass by: I said they were the two men that I saw in the room. One Mrs. Barnes ran out after them, and brought back the prisoner. The other got away.
Q. to the Prosecutrix. Was the lock broke?
I went to ask for one Mrs. Jones, a washerwoman; the woman said she was not there. I was looking up and down the street to find her, and a woman brought me back and detained me.
Guilty . T .
235. (1st M.) Nicholas Murphey was indicted for breaking and entering the dwelling house of Charles Carter , Esq ; on the 22d of December , about the hour of four in the night, and stealing one pair of silver candlesticks, value 6 l. one silver punch bowl, value 40 s. one silver pint mug, value 30 s. two silver waiters, value 50 s. two silver salts, value 30 s. two silver salt spoons, value 2 s. two silver table spoons, value 10 s. seven silver tea spoons, value 10 s. and one silver cream pot, value 10 s. the property of Charles Carter , Esq; and one pewter watch, value 3 d. the property of Thomas Keys , in the said dwelling-house . *John Fielding . He advertised it with a reward. The consequence of that was, an accomplice went and discovered the robbery to Sir John Fielding . Sir John sent to my father. *
Thomas Keys . I am butler to Mr. Carter. I went to bed at eleven o'clock. I was alarmed about half past seven in the morning. The cook went down stairs. In a few minutes she came up stairs, crying very much, and said the house was broke open. I went down. The kitchen window was broke open, the sash thrown up, a wooden bar that went from side to side was broke in two, one of the shutters was very much damaged, the bar was broke in two in the middle, and splintered very much. I fastened the window up, myself, over night. There is an iron gate to the area, that gate was left wide open; I locked it myself over night. The things mentioned in the indictment were taken away. I never saw the prisoner before, to my knowledge. We never found any thing again.
John Murray . I am a chimney-sweeper. The prisoner and I, and one Llewellyn, went out a-robbing one night, rather in the morning. The robbery was committed between four and five o'clock. They came to my lodgings and called me up, I lodge in Aldersgate-street. We went together with an intention to rob. There was no particular place mentioned. We went up to St. George's, Hanover-square. We made one attempt, but we declined it. Then we went to Mr. Carter's house.
Q. Had you any notice of that?
Murray. No. I opened the area gate with a chissel; Llewellyn and I went down; Murphy staid in the street. I lifted up the window sash, and Llewellyn helped me to force open the shutters, I believe with our hands. I went in and struck a light: Llewellyn came in, and we first found a silver bowl, then a pair of candlesticks, then seven tea spoons; then we forced open the back kitchen, and took some things out of a cupboard. We went home. When we came up the prisoner was standing five or six doors off. Llewellyn took the things away, and the next morning brought me my money. He said he had paid the prisoner his share. I had four guineas, or four pounds, I can't say which. I think he said he sold it to one Abraham Isaacs .
I know nothing about it. I know nothing of Murray; but only I was drinking in a house where he was one night; they said that was Murray. I said, What that Murray that has been evidence against, and hanged so many men? They said, Yes. I suppose it was out of spight for that, that he has accused me of this.
236. (1st M.) Thomas Crow was indicted for stealing one wicker basket, value 6 d. ten linen shirts, value 30 s. six printed-linen gowns, value 6 s. six linen aprons, value 6 s. eight linen pillow biers, value 4 s. and one linen night cap, value 6 d. the property of Elizabeth Dunbar , widow , in her dwelling house , April 4 . +
Elizabeth Dunbar . I am a washerwoman . I live in Red-lion Court, Charter-lane . Last Thursday evening, between six and seven o'clock, I had brought up the goods mentioned in the indictment, into my own room; I turned the key of the door. I went down, afterwards, into the cellar. I heard the cry of Stop thief! Mrs. Dunbar's clothes! I came up stairs, and saw them stop the prisoner. I saw the goods in a basket in the passage.
Sarah Bannistock . I was going over to Mrs. Dunbar's, between six and seven o'clock in the evening; I met the prisoner, and another man, with the basket; one had one handle, the other the other handle; the basket had wet linen in it; they were coming out of Mrs. Dunbar's doors. I looked up in the prisoner's face, and said, What do you do with them clothes? He made no answer. I called out, and collared him. The prisoner was just out at the door. I gave a stroke at the basket, and it dropped. The other dragged me two yards: I hollowed out, Stop thief! The other ran away. My husband came down, and asked me where the clothes were. The prisoner ran up the court, and then stripped himself. I am sure he is the man. My husband and Mr. Winder went up the court; the prisoner was coming back again.
William Winder . My wife cried out, Stop thief. I ran up the court. I saw him in his shirt, without a hat; his blue jacket lay upon the ground near the wall, and his hat lay at a door: I took him there: I brought him up the court. Mrs. Bevistock said she was sure he was the man. There was no other man in the court. I had hold of his left arm when Mrs. Bevistock spoke to her husband to take care of him.
They asked me if I was the person; I said' No. Then the woman said she saw me have the basket.
Guilty, 39 s. T .
237. (1st M.) Ann Baker , spinster , was indicted for stealing one silver watch, value 50 s. and seven guineas, and five shillings in money, numbered, the property of William Foreman ; in the dwelling house of a certain person unknown , Feb. 23 . +
William Foreman . On the twenty-third of February, about twelve at night, I met the prisoner in Holborn; she picked me up; I was going to see a friend: it was near the Bull and Gate. She took me to a house of bad fame in Church-lane, St. Giles's , where we laid together all night. We had something to drink before we got there; but I cannot tell what house. She stole my watch there. I had my watch and money when I went to bed,
Q. Did you see any other woman in the house?
Foreman. Yes; two or three: there was another bed in the room we were in; a man and a woman laid in that.
Q. I suppose those were not women of the first character, but of the same stamp yours were of?
Q. When did you first miss your watch and money?
Foreman. About six or seven in the morning; it was day light. On the fifteenth of March, I found the prisoner in a house in Drury-lane; she owned the whole fact to me and the watchman; the watchman is not here.
Q. Did you say any thing to her to induce her to make that acknowledgment? Did you promise her any favour?
Foreman. Yes, I told her I did not want to prosecute her: then she confessed it.
Court. The whole of the evidence depends upon her confession, made under a promise of favour, which cannot be allowed.
Both acquitted .
Peter White . I am a man's hatter , and live in Newgate-street . The prisoner had been my servant a year and three quarters. I suspected some of my servants robbed me. I marked five shillings in half-pence, eight shillings in silver, two half guineas, and one quarter, by filing the edges. I had some suspicion of the prisoner. I ordered the other servants to go up to dinner and leave him in the shop. There were eight shillings in another till, and two half guineas, and a quarter: when I came down from dinner I sent him up, and found sixteen-pence deficient: I called him down; the rest of the servants were come down from dinner. I desired they would pull their money out of their pockets; the prisoner pulled out some, and said that was all he had; I shook his coat pocket, and said, There is half-pence in your coat pocket: my brother put his hand in his pocket and pulled out some half-pence, which were marked: he denied that they were my half-pence: they corresponded with the others exactly.
Q. to the Prosecutor. Are you satisfied that the money found in the prisoner's pocket was what you had put in the till?
Q. from the Jury. Had you paid any of that marked money away.
White. No; I gave my servants orders not to add or diminish, so they paid sometimes out of their own pockets. I marked three or four together, and the file did not touch all alike.
I had them in change in the city on the first of March, and had had them in my pocket all the time.
Guilty , T .
Joseph Arnold . I am a victualler , and live in St. Thomas's, Southwark . I had my house broke open between the hours of one and three in the morning, on the 27th of February: they got over a wall, and took out a pane of glass, and broke in; they took thirty or forty shillings in half-pence, and a pair of shoe and knee-buckles: the till and the money were taken away: the pawn-broker is here with whom they were pawned.
James Bruin . I am a pawn-broker. The prisoner Dawson, on the twenty-third of February, about six in the evening, brought me the buckles; he asked eight shillings: he came back in half an hour, and asked me to buy them; I said I had enough to sell, and refused buying them: he staid in the shop two minute, I believe; his coming back to offer to sell them, made me take particular notice of him. I am certain he is the man. I saw him again before the alderman on the Monday, I believe; know nothing of Davis.
I bought the buckles of a young man at the Magpie in the Fleet-market: I had not money enough; he said I might pawn them, and that would make up the money to pay him.
Davis, Acquitted .
Dawson, Guilty T .
Both Acquitted .
Stephen Williams . I am a linen draper , in partnership with Mr. Clement Bellamy . Yesterday I met this woman coming out of my shop with a bundle under her arm; I let her pass: afterwards I thought she might have something of mine. I followed her, and asked her what she wanted; she said she wanted a piece of cloth; I turned her cloak back, and saw a piece of my cotton, I know it by the pattern, it is my own pattern (produces it.) She begged I would not prosecute her. It was taken from a pile just within the door.
I went to buy a bit of cloth; nobody was there to answer me. I did take it to be sure.
Guilty , T .
John Upford . I heard there was a thief in the shop. I ran down stairs. I stood upon the stairs. I heard him say to my master, Sir, I am a pedlar: he put his right hand into his pocket, and took out a tin case; he threw it down, and bid my master look at his licence: then he put this case down upon the edge of the counter with his left hand; I saw him do it; then he draw'd himself away from it.
The prisoner said nothing in his defence.
Guilty , T .
Samuel Tanner . I am servant to Mr. Cricket, a proctor in Doctors-Commons. On the second of March about eight o'clock at night, I was walking along Fleet-street with a napkin of my master's in my pocket; the prisoner followed me; I saw him put his hand in my pocket; I seized him with the napkin in his hand; he threw it down immediately.
Two other witnesses deposed to his confessing the fact.
It is my first fact.
Guilty , T
Thomas Hasher . I was going down cheapside between six and seven in the evening, on the nineteenth of March; I stopped to buy some nuts; there were three girls stood round me: soon after they were gone, a woman told me one of them had took my handkerchief. I followed the prisoner, and charged her with it; she denied it; I took hold of her: when the people came round about us, she took it out of her pocket and gave it me.
The prisoner said nothing in her defence.
Guilty , T .
249. (1st M.) Mary Clark , spinster , was indicted for stealing one stuff quilt, value 3 s. one bed, value 3 s. two pillows, value 12 d. one bolster, value 12 d. one pair of linen window curtains, value 12 d. and two blankets, value 3 s. the property of James Knowler , being in a certain lodging room, let by contract to the said Mary , Jan. 23 . ++
She was a second time indicted for stealing five pillows, value 2 s. two linen shirts, value 5 s. one linen peticoat, value 2 s. one linen gown, value 3 s. three pewter plates, value 18 d. one pewter dish, value 1 s. one copper saucepan, value 2 s. one silver tea spoon, value 1 s. one linen table cloth, value 6 d. two linen towels, value 6 d. four linen handkerchiefs, value 12 d. one flat iron, value 2 d. one black silk hat, value 18 d. and six pair of linen sheets, value 12 s. the property of James Knowler , Jan. 23. ++
Mary Mannon , spinster , and Mary Murphy , spinster , were indicted for stealing one looking-glass, value 2 s. 6 d. the property of Richard Clark , March 18 . +
Richard Clark . I am a cabinet-maker , and live in Ratcliffe-high-way . Last Monday was three weeks I was in my parlour drinking tea; Mrs. Knight, who lives opposite me, came and asked me if I sold a glass, for she saw two women take one from the stall. I pursued them, and found them talking together in Princes-square. They denied they had been near my shop. Mannon had a long cloak on: I turned back her cloak, and she had my glass under it. I took them both into custody. Mannon said Murphy was innocent of it, for she had met her in the street just before she took the glass. (The glass produced and deposed to.)
As I was coming by Princes-square, I met a woman big with child; she desired me to hold the glass whilst she made water; seeing Mr. Clark come, she left me. I walked with it openly in my hand.
Mannon, Guilty .
Murphy, Acquitted .
Daniel Harnan . I lost this spoon last Tuesday was three weeks. I had not missed it above an hour when my neighbour, Mr. Bootle, a constable, brought the prisoner to me, whom he had taken into custody for offering to sell him my spoon.
- Bootle. The prisoner came into my house; he told me he had a spoon to sell, and produced this spoon: he asked fifteen shillings for it; he said it was worth twenty-five; then he said it was worth twenty-three shillings; then he said it was worth a guinea. I got a stick in order to be able to master him if he made any resistance. Then I examined him again; I asked him how he came by it; he said he had a brother a butcher; that he went to him for some money, that he would give him none, therefore he took away the spoon: I seized him and cut down his breeches to prevent his making his escape. I told him I would carry him before a magistrate; then he declared he had taken it from the next publick house. I carried him down to Mr. Harnan; he owned the spoon.
(The spoon produced and deposed to by the Prosecutor.)
I am a day labouring man. I found this spoon amongst some turnep pairings as I was going to Barnet.
Guilty T .
Harnan Paogus. I am a broker , and live in Oxford Road . I was in my parlour; on February 25th I saw the prisoner walk softly into my shop, and take three blankets off from a table that stood in the middle of the shop, and then walk softly out again. I immediately pursued him; I saw him before he had got past the next house; he dropped two of the blankets then, and another when he got a little further, and ran away; I pursued him, and cried Stop thief! some people took him.
I am errand boy to a copper plate printer: I was going on an errand for my master. I went to a necessary to do my needs; some people came and pulled me up, and insisted upon my going with them; they would not let me button up my breeches; I know nothing of the blankets.
Guilty T .
Catharine Clark , spinster , was indicted for stealing one pair of bed curtains, value 4 s. one copper stewpan, value 1 s. one copper tea kettle, value 2 s. one copper saucepan, value 2 s. one pair of linen sheets, value 4 s. one quilt, value 3 s. one looking glass, value 2 s. one brass fender, value 2 s. and one flat iron, value 2 d. the property of Esther Hall , being in a certain lodging room, let by contract, to be used by the said Catharine , March 20 . *
(M.) 257, 258, 259, John Moody , William Lowe , and George Humphreys , were indicted for breaking and entering the dwelling house of Margaret Hogshaw , widow , on the 26th of November , about the hour of two in the night, and stealing one blue silk gown, value 10 s. one blue silk and stuff gown, value 5 s. two cloth coats, value 5 s. four cloath waistcoats, value 5 s. four pair of breeches, value 5 s. one linen table cloth, value 1 s. two pair of linen shift sleeves, value 1 s. two yards and an half of new linen cloth, value 1 s. one crimson silk petticoat, value 12 s. one linen waistcoat, value 1 s. fourteen stone buttons set in silver, value 14 s. and one silk handkerchief, value 4 s. the property of the said Margaret, in her dwelling house . +
Margaret Hogshaw . My house in Goswell-street was broke open on the 27th of November, when I was at Islington with one Mr. Sibber, whom I lived with; he made a will in my favour. I did not leave any body in my house; it was Mr. Sibber's house; it became my house upon his death; he left it me in his will; he had been dead six days. I came to town that morning. I was informed the house was broke open; the back parlour windows were broke; it had outside shutters, which appeared to be wrenched off with a chissel, and then the sash must have been lifted up; there was a parlour door broke, and the locks of a beauset broke all to pieces, in which Mr. Sibber kept all his papers, and the papers were thrown all about the room.
Q. What did you lose?
(repeats the things mentioned in the indictment.)
Q. Did you lock the door and take the key with you?
Hogshaw. I locked it and left the key at Mr. Burrel's the butcher. The cloaths were in the drawers; some of the things were on the beds; the women's apparel were my own before, the rest was left me by Mr. Sibber.
Q. from Lowe, Who lives in this house now?
Hogshaw. An officer. Mr. Sibber was an officer; I let it at Christmas.
Q. from Moody. Whether you ever saw us lurking about your house?
Hogshaw. I never saw any of you before.
James Mills . I am a watchman in Moorfields. I was beating my hour about 3 o'clock on a Tuesday morning in November, the latter end of the month; when I had walked about thirty yards from my stand I saw three men coming with three large bundles; I clapp'd hold of the first man's bundle, and insisted upon knowing what he had got there; he attempted to pull it away; at last he let it go; I turned round to see if the other two were coming upon me; they sheered off. I threw that bundle over the wall; and then I followed the other two; I left that man to secure the other two; I stuck between the posts; the second man dropped his bundle within a few yards of the next stand to mine; then I followed the third man as close as I could across Moorfields: there were several things dropped out as he went along; I did not attend to them but pursued him, and called out to Finsbury watchmen, but they did not come time enough, and the man got off. I kept the things three days, and then advertised them. Mrs. Hogshaw claimed them; she came to the Three Compasses in King-street, and sent for me; I carried the goods to her and she owned them; these are the goods.
Court. Here is not a circumstance against either of these prisoners but the evidence of the accomplice.
All three Acquitted .
Thomas Boyce , was indicted for ripping, cutting, and stealing 30 lb. of lead, value 3 s. the property of Roger Jones , being fixed to a certain temple, belonging to, and used with the dwelling house of the said Roger . +
A fourth count, said to be the property of persons unknown, March 14 . +
Robert Jones . I am steward to the proprietors of Ranelagh. I lived at the time this happened in a house adjoining. Sir Thomas Robinson , Sir Richard Glynn , and Mr. Dew are trustees; the freehold was bought some time ago; on the fourteenth of March I was informed some lead had been stole; I placed two men to watch in the garden, Thomas Hearnshaw , and Daniel Holmes . I ordered them to be in the piedement; it is a building we call a temple, at the bottom of the garden adjoining to the landing place; as soon as I was informed of the robbery I ordered the door to be locked that it might not get out that we had discovered the robbery. I caused a ladder they left behind to be carried down to Mill-bank; I went first to Sir John Fielding , and had an advertisement inserted in the paper with a reward of five guineas, but it did not answer the end. On Saturday going down Millbank with Mr. Beach he was called to, and told that one of the men belonged to Blackfriars. I sent one of the men to enquire after him; we discovered the prisoner's lodgings in Bear-lane; we got a search warrant and went to his lodgings; his landlady denied his being at home; we found him in bed in a two pair of stairs room, about eleven o'clock in the morning; the door was open; I waited whilst he dressed himself; he pleaded his innocence. I asked him when he had been at Chelsea, for his innocence would greatly depend upon that; he said he had not been at Chelsea for seven weeks; the officer shewed him the warrant; he said he did not know that he had done any thing wrong, and was very ready to go before the magistrate. I sent to Chelsea for Michael Shaw and James Callo ; we went to a house near Sir John Fielding 's; they declared the prisoner was one of the men that was at the Swan and Fox hounds at Chelsea on Monday the eleventh of March, in company with two other men; he still denied before Sir John that he had not been at Chelsea for seven weeks.
Q. Did the prisoner appear to be lame?
Thomas Hearnshaw . I am a waiter at Ranelagh. Mr. Jones set me and another man on the fourteenth of March to watch in the gardens; we were set about eight o'clock at night; we were concealed in a little place at the top of the temple.
Q. A large building?
Hearnshaw. About eight foot high; Daniel Holmes was with me. About two o'clock, by the college clock, three men came a-top of the building by a ladder; the prisoner was one; when they first came a-top of the house, one of them passed where we were concealed, to listen, I suppose, if any body was watching; then he came up again; and they began working, cutting, and ripping the lead five or six minutes I believe; then I got out with the blunderbuss a-top of the house. I had no sooner got out but the prisoner came up to me with a knife, and was going to make a blow at me with his knife; he was within a yard of me; I told him if he did not stand I would shoot him; he still advanced; I was afraid of taking his life; I fired at his legs in order to disable him, that I might take him; he was about two yards from the edge of the house; there is a little wall about two foot above the leads; he threw himself head foremost over there; which is about eighteen foot high; the other men throwed themselves over in the same manner. I looked at this Boyce; he tried to get up and could not; I ran down to secure him; they had locked the door that I could not get out till he had got up.
Q. Are you certain he is one of the men? you say it was rather cloudy?
Hearnshaw. There was nothing to obstruct my view of him; and by the people we were informed the man lived near Black-friars Bridge. I went on Sunday by Mr. Jones's direction to find him out; by the description I gave of him the people told me his name, and the publick house that he used. I went and told Mr. Jones of it; we got a warrant on Monday, and went to his house; he was denied; we got up stairs; he was in bed; I said he was the man we wanted; he was asked about being at Chelsea, he said he had not been there for seven weeks; he said the same before Sir John Fielding .
Richard Beach. I went with Mr. Jones and these men to take the prisoner; he was in bed; they had spoke of him as being wounded; when he got up he did not appear to be wounded in the least; and from that I begg'd they would not be too positive; Hernshaw spoke positively of him as soon as he came into the room that he was the man; Holmes was not quite so positive; I desired them not to be positive; the man said so positively that he had not been at Chelsea that I was afraid they were mistaken; therefore they did not speak so positive before the justice.
Michael Shaw . I am a waiter at Chelsea. The prisoner was at our house on Monday the eleventh of March, about 3 o'clock, with two other men, I took particular notice of him; he staid but a little while; then he came about nine in the evening again with the same men and one woman, they only had a glass a-piece at the bar, and did not stay. I was at the public house by Sir John Fielding 's; I picked the prisoner out of a number of people, and said he was the man that was at our house. I said he was the man to the best of my opinion.
Q. Do you swear positively, or to the best of your belief, that he is the man that was at your house?
James Callo . I keep the Fox and Hounds, opposite the Swan Walk, Chelsea. The prisoner came to my house, in company with two other men, about four o'clock, on the eleventh of March, and staid till almost nine; they called for a pot of beer, and one of them went out to fetch some bread and cheese. The prisoner went out: he returned again, and said it was not flood. I said, How far are you going? They said, To Westminster. I said it was an odd thing to come against the tide, and go back against the tide. The prisoner said, We come against tide, and we will go back against tide. The other two men said it is cold, we will walk. One, I think the prisoner, said, Masters don't go without me: I would rather carry you for nothing than go without you.
Prisoner. I don't deny this. I said I had not been there for seven weeks, till Monday.
Q. to Mr. Jones. Is that the case?
Jones. No; he said he had not been there at all for seven weeks.
Q. Do you know any thing of Boyce's coming home on the twentieth?
Cook. I can't be positive. I go to bed very early. I heard him between ten and eleven o'clock the next morning: I heard him limp as he went up; and I heard him sigh.
When I carried these people up it was very cold; we had some purl and some hot; I drank with them. They went down to the Swan afterwards, and gave me some rum. I landed them at Westminster bridge, just before nine o'clock: I was, at nine, at Mr. Smith's, drinking a pint of beer and smoaking a pipe. The reason I was lame, was, I had had a needle in my leg fourteen years, which is worked out now.
Court. It is Tuesday night, the fourteenth of March, you are charged with ripping the lead.
Prisoner. I was at home that night, at work; Mrs. Cook knows it very well.
For the Prisoner.
Q. Do you remember where the prisoner was the fourteenth of March?
Cook. I gave him the key about seven o'clock: I went to bed between eight and nine.
Q. What key?
Cook. The key of his chamber door.
Q. Who had the key of the outer door?
Cook. The street door was left unlocked.
Q. Do you know whether he went out after this or not?
Q. Do you know whether he was at home all night or not?
Cook. I can't tell. He said he would carry the key to his wife, because we might be in bed before he came home.John Fielding 's. They said they had wounded him; he pulled off his clothes, and there was not the least mark of powder or shot.
Q. to Cook. Did you observe him lame?
Guilty , T .
John Routh . I live in Petticoat-lane , and am in partnership with Esther Whitrow ; we are silk knee-garter makers; we keep a shop . The prisoner lived at a bad house in our lane. On Monday the twenty-fifth of March, I had been in the shop; it just grew dark: I was gone into the parlour which is within the shop. On the counter there laid drawers with silk knee-garters open. We heard a noise. Mrs. Routh got up, and said a drawer was gone. I got up and looked, and found two were gone. They contained silk knee-garters. I ran out, but could see nothing. I went and put it into the advertiser, and Sir John Fielding printed hand-bills. When I went again, I found the prisoner in the possession of Sir John Fielding 's people.
William Homan . I live at the upper end of Bunhill-row, and work in Petticoat-lane. On the twenty-fifth of March, I left my work a few minutes after seven. Going home, I saw Levi and another man walking together: I saw one of them walk up to the window; and, looking through the glass, he left the window and went into the shop. I saw the other man stand as if he was holding the door open. I walked on till I came to Stony-lane. About twenty yards off, I saw Levi receive one drawer covered with paper, the other man took another drawer. Levi ran down the lane, the young man that was with him came up towards me; the other two that were with them walked soberly on. I saw Levi receive the first drawer. When I saw the other two follow Levi, I turned about, and was going home: A man came by me in a great hurry, and asked a gentleman if he had seen any body with some drawers; I said, Yes, master; one is gone up this lane, another down. I went home. I did not hear the gentleman say he was robbed. The next morning, when I went to work, I told my master I saw a man take some drawers out of the prosecutor's shop. My master said he was robbed of an hundred pounds worth of goods. I told him I knew the man. I had taken off a lock to mend for him, in Marlborough-court. My master took me over to Mr. Routh. I went to a public house that same day, with one Brabroke and some more men, to the Red-lion: Levi came in. I said, That is the man; lay hold of him.
Q. Are you sure you saw a drawer, covered with paper, received by Levi?
Routh. Yes; I knew him very well. Sometimes he wore an apron like a porter; at other times he would have a bit of cane like a bailiff's follower.
Q. from the Prisoner. Why did you not stop me when the man came out of the shop? Why not stop me, or give notice?
Homan. Seeing the other parties go along so peaceably, I thought no harm had been done.
Q. from the Jury. Did you know the man that gave him these things?
Homan. I know the gang: there is a sad gang of them.
Q. Was the other man a Jew?
Homan. They are all four Jews; I have seen them many times.
Q. What house was they at?
Homan. A bad house; it has been indicted several times.
Homan. He slash'd away, and never seemed to do any thing for a living.
I had carried a load that day, and strained my back. I went home to my lodgings; Mrs. Marks got something for my back; and never went out again that evening.
For the Prisoner.
Q. How does he get his living?
Jones. Portering. He lodges at one Mrs. Mark's, in Petticoat-lane, not far from where I live; that is, in Marlborough-court.
Q. Do you know where this man was the night the garters were stole?
Jones. At his lodgings. I nursed Mrs. Mark's child. I went there for money, about three in the afternoon, on Monday; next Monday come fortnight: I staid there till above a quarter after eight. I went home to put the child to bed.
Q. You went to Mrs. Mark's?
Q. But he does not live with Mrs. Marks?
Jones. He was in her room.
Q. What time did he come in?
Jones. Between three and four. He said he had hurt his back by carrying a load. He laid down upon Mrs. Marks's bed. He desired her to buy some fish for supper. A woman who sells fish, and lives in the court, brought some. Mrs. Marks called the woman.
Q. What did they pay for it?
Jones. I cannot tell. I went home about a quarter after eight. He never went out of the room whilst I was there. He walked about, smoaking his pipe.
Q. Had you any liquor?
Jones. Only one pint of beer, which Mrs. Marks fetched. She gave me a shilling; she said she had no more. I went next morning to fetch a boiler I had lent her, then I heard the prisoner was taken up. I did not go before the justice.
Q. Do you know Bowman?
Q. Was the room in which you found him, the room in which he lodged?
Jones. I can't say: I have seen him there when I have been for money.
Q. When did this happen?
Jones. A fortnight, next Monday.
Q. Are you sure of that?
Q. Was it on Monday?
Q. Last Monday?
Q. Was it the Monday before last?
Jones. It is a fortnight next Monday. I was there on Monday, he was taken up next day.
Q. If it had happened on Lady-day, you would have known it?
Jones. It was not Lady-day. I think it is a fortnight ago, but cannot be sure.
Q. What was due to you when you received this shilling?
Jones. She pays me four shillings a week; there were fourteen shillings due then.
Q. Where do you live?
Simons. In Duke's place.
Q. Do you know where he went to live afterwards?
Q. Do you know Mrs. Marks?
Q. Do you know Mrs. Marks?
Guilty of stealing only , T .
263, 264, 265, 266. (1st M.) Benjamin Isaacs , John Haines , and Richard Butcher , together with Thomas Price , not taken, were indicted for breaking and entering the dwelling house of Mary Magdalen Moore , spinster , on the 17th of March , about the hour of two in the night, and stealing one silver soup ladle, four silver table spoons, two silver salt spoons, value 4 s. one silver ladle, value 20 s. five silver tea spoons, one pair of silver sugar tongs, two other silver table spoons, one silver punch ladle, value 5 s. one pair of pearl ear-rings, value 50 s. two pair of paste shoe buckles set in silver, one pair of pearl drops set in gold, and one smelling bottle with a gold top, the property of the said Mary, in her dwelling house . *
The witnesses were examined apart at the request of the prisoners.
George Guinnet . I am servant to Mrs. Moore: she lives in South-Audley street : I lie in a hall below stairs; there is a pantry adjoining to this hall, from which there is a sash window that you may see from the hall into the pantry. In the night, as I lay in bed, about two in the morning, there was a light in the pantry; I looked and saw one man in the pantry; afterwards I saw two more come into the pantry; they had all, at last, lights in their hand. Presently after one came into my room, and then another; he that came into my room first, presented a pistol to me, as I lay in my bed, and said, D - n you, you dog, if you stir you are a dead man. Immediately after he came in, the three other came into the room; one cried out when they came into the room, Cock your pistols; and they pointed some of their pistols at me, and said if I stirr'd they would shoot me. I rose up in my bed, and begg'd for my life. One of them said to me, Hold your tongue, and if you will tell every thing we will not hurt you. I said I would tell them every thing they wanted to know. Then they asked me what plate my mistress had; I told them, a pair of candlesticks. They asked, where; I said, I believed in my mistress's room. They asked where that was; I said, two pair of stairs backwards. They then asked if there was any man in the house; I said, None but myself. Then they went about my hall where I laid, and rummaged about. Presently, in a minute or two, I saw Isaacs, the prisoner, take my hat in the pantry; but I look'd through the sash, and saw Isaacs take up my hat in the pantry. Then I saw him come afterwards into the hall, where I was in bed, with my hat upon his head; and his own hat, as I suppose, in his hand. There was a light in my hall where I lay. One of the people, Price, one of the robbers, asked Isaacs why he took the hat; for he said as there are no other men in the house, you ought not to take any thing belonging to this servant, that is here; thereupon Isaacs laid my hat down again; they consulted together; at last agreed among one another, who should stay below stairs. It was agreed that Price should stay below; and immediately the other three of the four that were there went up stairs. Price staid behind, and kept walking backwards and forwards with a pistol in his hand by my bed side. It was three quarters of an hour before I heard any thing after this; then I heard a noise above stairs in the house; first I thought it was a breaking open something or other, presently after I heard the street door bell ring, and a knocking at the door; then I found this pounding was at the door of the house. At this alarm, the three that were up stairs came down again. They came into the room where I was in bed, and swore to me, that if I did not shew them the best way to escape they would shoot me. I said as the people were in the front of the house, I thought the best way to escape was backwards, up the area and over the back wall. They had brought bundles of things down with them, but left them at the hall door when I directed them the way to escape. They went to the door which opened from the hall where I lay into the area; that door was locked; I saw them unlock it, in order to get out of the area and make their escape: immediately I heard them go up the steps of the area; and, as soon as they were gone, I got up, went to the street door, and let in the watchmen; there were three at the door: I directed them to go round to the back of the house, and they might find some getting over the wall. I went up stairs to my mistress; I did not stay long there; I came down again,Sloper 's house, others in other places.
Mary Reeves . I am a maid servant; I live in the house. I remember, particularly, this sash in the back room being shut down; and, in the afternoon, the lower shutters were shut to and the curtains of the room let down likewise. I was in the room again between seven and eight in the evening; at that time I did not look particularly at the sash, but the curtains were still hanging down in the same situation as when I saw it at three in the afternoon. I lie in the fore garret of that house. I was waked, about two in the morning, with a noise upon the stairs. I got up, looked down the bannisters, saw a light, and heard strange voices, but saw nobody; then withdrew into my own room, and locked the door; drew up the sash of my own window, and looked out for the watchmen. As I saw a watchman coming, I called to him, and gave him an alarm of thieves being in the house. Soon after, three more watchmen came to the door: I bid them knock and ring at the door as hard as they could. I kept looking out at the window till the man-servant came out of the house door into the street: he assured me I was safe. Then I came down stairs out of my room. I went first into my mistress's room, presently afterwards into the breakfast room. I saw at that time the sash up, and the shutters put back which were shut-to at three in the afternoon. In my mistress's room I observed the drawers had been all pulled out, and the things were thrown about the room out of the drawers. I saw some bundles tied up in the man's bed room below: there was standing a pair of candlesticks and a soup ladle; I know the candlesticks were, over night, in my mistress's room: also a pair of ear-rings of my mistress's, lost out of a drawer in a wash stand up two pair of stairs and two pair of paste buckles in some other drawer: as to the bundle that was found in the man's room in the morning, it was tied up in a particular handkerchief.
Q. Do you remember being in the room you call the breakfast room, the day before you was robbed?
Mrs. Moore. Yes; they took me out of bed about twelve, to make it: I was there till about three. They let the curtains down to keep the light out of my eyes. The window-curtains were drawn, and the window was shut to. I went to bed again. I was first awaked by a great light and noise in my room. Mrs. Bellamy was in bed with me. I asked who they were; they said, if I spoke a word, they would murder me. I repeated it; they gave me the same answer. They began to rifle my drawers; and that man, Isaacs, (I mistook him next morning, but recollect him perfectly now) he came to my bed-side with a pistol: I asked him if he meant to murder me; he hesitated a minute before he said, No. I then requested that they would not murder any of my servants. He said No, immediately, to that. He stood by me about seven minutes after we both ceased to speak, with his pistol in his hand. I sat up in my bed, looking at him all that time.
Q. Was there any light?
Mrs. Moore. I always burn a lamp: there was a great deal of light in the room. I saw through the curtains, which were linen, a great deal of light. Then he drew the curtain to, and left me after he had stood there about seven minutes. I did not see the other two; but all three of them acknowledged, before Justice Welch, that they were in my room.
Q. Did they sign any thing?
Mrs. Moore. No.
Q. Was any promise made to any of them? Did they want to be admitted evidences?
Mrs. Moore. No, Butcher wanted to be
Q. Was any promise made?
Mrs. Moore. No.
Q. Nor no threats?
Mrs. Moore. No.
Q. You said Butcher wanted to be admitted an evidence?
Mrs. Moore. Yes; the justice said he could not without he made other discoveries; and no other discoveries were made.
Q. What was said to them? and what answer did they make?
Mrs. Moore. Another man was brought in with him the next morning; Isaacs was so changed with fear, I suppose, he was so pale that I did not know him then; I thought the other man was the man; Butcher said at Mr. Welch's that the other man was innocent; they are the three men that confessed they were there; Butcher said that Isaacs was the man that was at my bedside with the pistol, and not the man that I had at first suspected; they all agreed that the dyer was innocent; and said they left him in the house in Little Suffolk-street, at a green shop; they were taken there; the woman is here I believe; they all said the dyer was innocent; Haines said, that handkerchief which was sealed up was his; it was given to Butcher; Butcher said it was Haines's, and gave it him; Haines said it was his; this handkerchief had a bundle of my things tied up in it.
Q. Was any thing in a handkerchief?
Read. Yes; in that silk handkerchief just produced there was some gowns and some linen in it; this gown was one: it was over night in the two pair of stairs room; I found it tied up in the ptman's bed room below; I gave the handkerchief to Haines; he said it was his; I asked him if it was his; he said yes.
Q. to the Lady, Did you go into this bedroom?
Mrs. Moore. Not for some time; I was very ill.
Q. What did you lose?
Mrs. Moore. A silver punch ladle, &c. (repeating the things mentioned in the indictment.)
Q. from Isaacs. Did you not say you never saw me?
Mrs. Moore. No. About ten in the morning the constable brought them to my house, as he was taking them to the justice. He had the three prisoners and the dyer in custody. Butcher and Haines were first brought in; I said I had never seen them: then this dyer and others, and Isaacs (there is a resemblance between the Jew and this dyer) and the Jew was so frightened and altered, that I did not at first remember him. I said that the dyer was the man that held the pistol, but I recollect the Jew, Isaacs, perfectly well since.
Q. When did you see them afterwards?
Mrs. Moore. The Thursday following I saw them all there; before I saw the prisoners, Mr. Welch told me that the other three had accused Isaacs, and that he had acknowledged it, and that the dyer was innocent.
Q. What did you say before the justice?
Mrs. Moore. I recollected when I came to trace the features of Isaacs, I was sure he was the man; he had two rows of white metal buttons on.
Q. His life is now at stake, are you sure he is the man?
Mrs. Moore. I am positive.
Q. Suppose Mr. Welch had not apprized you that you had fixed on a wrong man, should you have had such a certain knowledge of this man that you should have corrected what you had said?
Mrs. Moore. I verily believe I should.
Q. About Ten all the prisoners were brought to your house?
Mrs. Moore. Yes.
Q. Together with the dyer?
Mrs. Moore. Yes; he is very much like that man, but he had but one row of white buttons upon his coat, the other had two.
Q. Mr. Welch told you that you was mistaken?
Mrs. Moore. Yes.
Q. You did not before the justice declare that the dyer was not the man?
Mrs. Moore. They all said so; Butcher said he was as innocent as a child. Isaacs looked so horrid that he frightened me; and I turned my eyes from him.
Philip Fisher . I am a servant to Capt. Sloper; I live next door to Mrs. Moore's; there was an alarm on the seventeenth of March between two and three o'clock in the morning; I came down and looked out at the fore window; I heard one of the watchmen say, they were got out at the back door and over the wall. I let the watchmen into our house to search our garden; they could find nothing, and went out again. I went into the kitchen; about half an hour after I heard a noise from the back area, I went there; I tried to open the door; I hollowed out, Who are you? a person said, open the door and I will tell you. I did not venture to open the door; I suspected they were the thieves; I sent for the constable and watchmen; they opened the door; and Isaacs was in the area; he said I give myself prisoner; one of the watchmen searched his pocket, and found a little silver salt spoon. They took him away; I shut the doors. About half an hour after that I went into the area, and saw some silver spoons lay under the bottle rack; there was a soup ladle, four silver table spoons, and three cases like buckle cases, with buckles and rings in them: my fellow servant delivered them to Mrs. Moore's servant. I ask'd Isaacs if he left these things in our area; he said, Yes; and said he brought them out of Mrs. Moore's house: I did not hear Butcher or Haines say any thing.
Fisher. I found these things under a bottle rack (producing them ).
Guinnet. These things, all but the cases, I know were Mrs. Moore's.
Mrs. Moore. These cases are mine.
Benjamin Wingrove . I am a constable. On Sunday 17th of March I was the constable of the night. Between two and three there was an alarm of a robbery in South Audley street; I went to Mrs. Moore's house; I saw the one pair of stairs sash open, the footman opened the door; we went through the back parlour into the yard, there we found this pistol loaded, and this chissel lay by it upon the stones (producing them.) An information was brought of a man's being upon the stables; I saw him there, and heard him speak. The watchman fired at him; he was not found. As soon as we got out of the stables, a watchman told me that they had taken one; that was Isaacs. I asked who were his accomplices; he would not confess. I told him it might be better for him to confess; he said, there was him, Haines, Butcher, and Price. I saw him searched; he told me who his confederates were, and said they were to take the things to one Ann Bedford 's lodgings, in Little Suffolk street, at a green shop. Isaacs said Haines got in first at the window over the door, he followed next; he said he got up the palisadoes, up the lamp iron, and so over the door to the window. We went to Ann Bedford's directly; there was one Maynard the constable and myself. We did not know rightly where the house was; we waited expecting to see them come in. We enquired at a house where the green shop was; he said, next door. I went and got more assistance, and returned again about six o'clock: we went into the one pair of stairs; there was a bedstead, but no bed. In the next room higher were Haines and Butcher with their clothes on. In another room we found Hesket and this dyer, along with Bedford and one Murphey. Another woman was laid down upon the hearth near the fire. I said, These are the men (meaning Haines and Butcher) that we want; you must go with us. They said, they would. When they came to the watch-house, we searched them; there was nothing found upon them.
Q. Was you before the justices?
Wingrove. Yes, I heard Butcher acknowledge that he was there, and that Haines, Price, and this Jew, were with him. Butcher said, if he was by himself, he would tell more; he was by himself at this time.
Q. Did you see them when they came in?
Wingrove. There was the handkerchief produced; Haines acknowledged it to be his.
Q. You said you advised Butcher to confess; did you say any thing to him about being an evidence?
Wingrove. I don't know but I might; I can't say I did.
Q. to Mrs. Moore. How many windows are there to this dressing-room?
Mrs. Moore. Two.
Q. Was the other window fast?
Mrs. Moore. It was shut down. The dyer's name is Hesket, I believe.
- Miller. I am regulator of the watch. I attend at the watch-house from about nine o'clock. I attended till about two or three.Sloper 's kitchen, opened the area door, and found Isaacs. I said, are you concerned in the robbery at the adjoining house? he said he was. I said, have you any weapon about you? he said no. I searched him, and found this spoon upon him (producing it). We took him to the watch-house; there we asked him where the rest of his accomplices might be found; he said at a Green stall in Little Suffolk-street; we went and found Butcher and Haines there. We asked Isaacs if any of these people were concerned in the robbery; he said that Butcher and Haines were, and that Hesket was innocent.
Guinnet. This spoon is my mistresses property.
Council for the prisoner. There is no mark upon it.
I met Mr. Butcher; he asked me to take a walk: I went up to White Conduit House, I lay there that night; I know nothing of this affair.
For Isaac's Character.
Edward Maskall . I am a sign-painter, and live in Harp Alley. Isaacs was apprentice to me; he served about half of his time with me. He left me about five years ago. He behaved very well whilst with me. He was turned over to Mr. Haggetty, on account of some quarrels between him and my servants, not on account of any dishonesty.
Hart Michael. I live in Church Lane, by St. Martin's church. I am a master painter. Isaacs worked for me, off and on, about a year. He left me this winter. I have known him from a child; he has always behaved well. He called two months ago, I had no work then; I said I would employ him when I had any.
James Haggetty . I live in Queen-street, Golden Square. Isaacs was turned over to me. He served four years with me, and was out of his time last May was a twelvemonth. I have since Christmas trusted him with a note of hand to receive the money, and he always behaved honestly.
For Butcher's Character.
William Williams . The prisoner was my apprentice: he has been from me almost two years: he had an inclination to go to some other master, to learn more. He went to Mess. Grey and Belcher. I have a great regard for him, and a good opinion of him.
James Gray . I live in Brownlow-street, Bedford Row. Butcher has been with us about two years and three months; he behaved well whilst with us, has been from us about ten months; he always behaved well: I don't know where he went to from us.
For Haines's Character.
John Lewis . I am a printer. I have known him about twenty months; he worked with me about seven months: he seldom went out of the printing-house. He behaved very well. He left me February last was twelve months; I have known nothing of him since.
Deodatus Boyle. I have known him some time; he behaved very well then: I have known nothing of him these last two years.
Nathaniel Darking . I am an instrument-maker. I have known him from a child; he bears a good character. I knew him whilst he was an apprentice; he behaved always very well. I have seen him, I believe, within these last twelve months.
All three Guilty , Death .
Butcher recommended on account of the freeness of his confession.
Elizabeth Abbot . I am wife to Francis Nicholas Abbot ; the door of my chamber was broke open on the twelfth of January; and I lost a handkerchief which hung by the side of the bed; it was about eleven o'clock at night; I followed the prisoner down stairs, and took the handkerchief from him. I said to him, Why will you take my handkerchief? what will you strip me of all? he said it was his handkerchief; I said no, it is mine; then he ran away.
Elizabeth Wharton . I lodge in a room even with Mrs. Abbot; between ten and eleven o'clock at night on the Saturday after Twelfth Day I heard somebody come up stairs softly, and presently I heard a bounce; upon that I went into Mrs. Abbot's room and saw the prisoner all in black; I asked him who he was; he said Dousy: I said you have no business there; he ran down stairs; I heard Mrs. Abbot say, You rogue, have not you robbed me enough without stealing my handkerchief? the prisoner had lodged in the house a month before; but he did not at this time.
Every thing that has been said is all false. I was valet de chambre to Mr. Chivat. The prosecutrix said my wife had robbed her; I knew my wife was an honest woman; but, however, to prevent any disturbance, I gave the prosecutrix a note for five pounds, which she has now.
Prosecutrix. The prisoner robbed me to the amount of five pounds; the note is dated January the first.
Court. That is eleven days before this fact happened.
The prisoner called no witness to his character.
Guilty , T .
268. (1st M.) RIchard Hewett , and Benjamin Johnson , were indicted; the first for the wilful murder of Sarah Orbell , spinster ; otherwise, Sarah, the wife of James Tongue ; by giving her several mortal blows and bruises on the head, breast, stomach, &c. of which she instantly died; and the other for being present, aiding, abetting, comforting, assisting, and maintaining him, the said murder to do and commit : February 7 . *
Q. How old was your daughter?
Orbell. She was twenty-five last March; she had been married; her husband's name was James Tongue . I saw her no more, till the eighteenth of March in her grave: when I was sent for by the Church-wardens. When she left me, on the seventh of February, she said she was going to the statute-hall, at Charing-cross, to seek a service.
Q. Are you sure it was your daughter that you saw in the grave?
Orbell. Yes. I know nothing of the prisoner.
Mary Smith . I met with Sarah Orbell , at the Statute-hall, at Charing-cross, on the seventh of February, about eleven o'clock: we staid till near three. We both came out together; we went to the Goat alehouse, at Charing-cross; we had a pint of purl: just before we drank it, the prisoners came in; I don't know that I had ever seen them before. The deceased was acquainted with Hewett; she spoke to him: they asked her to drink; she drank a dram with them. They said they were going to dinner at Mother Red-Cap's; they asked us to go with them. I asked how far it was; they said, but a little way. She first consented to go; then I agreed to it. We went out together: she got into Hewett's coach, and I into the other: this was about three o'clock. The coaches were facing the Goat alehouse; they drove to the coach office, in Great Queen-street.
Q. How came you to separate yourselves?
Smith. She said she would not ride two in a coach. They stopped about a quarter of an hour, whilst they went into the office; we staid in the coaches the while. Then we went to the Coach and Horses, in Holborn; we got out there, and had a pot of brandy-hot; we staid there about ten minutes; one of the prisoners paid for it: then we went into the separate coaches again, and went to an alehouse, near a turnpike, just before the turnpike;
Q. What drink had you?
Smith. When we went in we had a pot of brandy hot, and afterwards a pot of beer and two shillings worth of brandy punch. We staid there till after dark; the prisoners paid the reckoning; then we got into the coaches just as before.
Q. Were you or your companion fuddled?
Smith. No. She had a glass of brandy at coming out.
Q. Was she fuddled?
Smith. She was not fuddled when she went into the house.
Q. Was she when she came out?
Smith. I did not perceive that she was.
Q. Are you sure that you was not fuddled?
Q. During all this time, till you got into the coach again, whilst you were at this house, were you friendly together?
Smith. Yes; very friendly: laughing and joking, and very agreeable together. We got in as before; Hewett's coach went first, we were a good way behind; about an hundred yards. I don't know how we came so far behind: we had been close together all the way going there. They drove from Mother Red-Cap's, on the road to Fig-lane; I did not know where it was. Johnson's coach stood still, whilst Hewett's coach drove on about a minute.
Q. Did you see Orbell get into the coach?
Smith. Yes; into Hewett's coach: he drove first, then Johnson followed him; our coach stopped just turning into Fig-lane ; Johnson got off his coach-box as soon as he stopped; he came to the coach door directly, and opened it; whilst he was coming in at that door, I jumped out at the other. Then I saw Hewett's coach, about an hundred yards before us, standing still; it was rather dusk; Hewett was upon his coach box. Then I left Johnson in his coach, and went up directly to Hewett's coach: I asked the young woman to let me ride with her; she consented; I opened the door, and got into the coach to her. As soon as I had got into the coach, and had sat down, Hewett came off his box and got into the coach, and began to use Orbell very ill; with that I jumped out.
Q. What do you mean by using her ill?
Smith. He began to pull her about, and put his hands up her coats; she squalled out; I did not hear him say any thing.
Q. Can you tell where Johnson was at this time?
Smith. I did not see him after I left his coach.
Q. What became of you then?
Smith. I stood against the coach door. I saw him pulling her about very much. Soon after I got out, she fell out of the coach.
Q. In what manner?
Smith. She fell upon her backside.
Q. Did you observe whether she came down on the step to get out?
Smith. She fell out with her backside next to the coach, and her head fell backwards under the coach.
Q. Where was Hewett at the time she fell out?
Smith. Next the other door of the coach.
Q. Did you observe he did any thing as she came out?
Smith. No; he came out at the same door about a minute after she fell out. She screamed out, got up again, and walked about twenty yards down Fig-lane, before he came out of the coach: he followed her; she fell down just before he came up to her. I did not see Hewett get out of the coach; she had just fell down when he came up to her.
Q. You say she walked twenty yards after she fell out of the coach; did you perceive whether she was hurt by the fall?
Q. Did she say any thing after she came out of the coach?
Q. Did she appear to have any hurt, as she walked along?
Smith. No; none at all.
Q. Did you observe whether her head struck against any part of the coach?
Smith. No; she did not seem to have hurt her
Q. Was he speaking to her?
Smith. No; only standing by her side.
Q. When did she call out murder?
Smith. When she fell out of the coach. I saw no more of her.
Q. In what condition was she when you left her? Was her cap, handkerchief, bonnet, or cloak off?
Smith. They were all on when I left her.
Q. I wish you could fix the spot, exactly, where you left her.
Smith. I can't fix exactly.
Q. Do you know the roads that make a bow?
Smith. It was a good way down the lane from that place.
Q. Were the covers over her shift sleeves when you left her?
Smith. Yes; upon her elbows. I ran to the turnpike at Battle-bridge. I never saw or heard any more of her, nor of the coachman.
Q. What made her fall the second time?
Smith. I don't know; she fell upon her side.
Q. Did she hit her head?
Q. Did she speak when she fell the last time?
Smith. No. She never spoke after we left Mother Red-Cap's together.
Q. Did you hear her speak to the coachman when he was pulling her about?
Q. When he was pulling her about in the coach, did not she bid him let her alone, or the like?
Smith. No; she only screamed out.
Q. When you got into the coach, did she appear to be sober, or how?
Q. Did you not see Johnson after you got out of the coach.
Q. Did Johnson say any thing to you when he was getting into the coach?
Q. Why did you get out then?
Smith. I thought he wanted to do something to me that I did not like.
Q. Did you meet any carriages in the road, as you went to the turnpike?
Smith. Yes; two or three drays.
Q. How near was you to the turnpike, when you met them?
Smith. A very little way.
Q. How long was you at the turnpike before you saw a coach come?
Smith. I did not see it; I heard it.
Q. Did you say nothing to the turnpike-man?
Q. Why did you not get assistance for your companion that you had left in such distress?
Smith. I thought she would get away.
Smith. I saw her in Pancras church yard last Monday se'nnight.
Q. When did you first hear she was dead?
Smith. Last Saturday was se'nnight; I went last Monday was se'nnight to see the body; it was dug up for me to see it.
Q. Where did you first hear she was dead?
Smith. At Mr. Jenkins's, at Charing Cross, that keeps the statute hall.
Q. How came you to go to Pancras?
Smith. The gentleman ordered me to go there.
Q. Where do you live?
Smith. At Knightsbridge.
Q. Where had you been from the time this happened till last Monday se'nnight.
Smith. At my mother's at Knightsbridge; I lay that night with two servant maids of my acquaintance.
Q. Why did not you go to see for a place?
Smith. I had caught the itch; I staid at home to cure myself.
Q. Did not you hear of the deceased being dead till this time?
Smith. No; I had not been out of my mother's house.
Q. Could you see Johnson's coach?
Smith. Yes; his coach stood still.
Q. You had a great deal of drink before
Smith. Not much.
Q. You say she walked twenty yards after she came out of the coach?
Q. Can you tell the cause of her falling down?
Q. What did you say before the justice? did not you say the cause of her falling down was from some injury she received by falling out of the coach?
Smith. I don't know that I did.
Q. Had you no talk with the turnpike man about them?
Smith. He asked me if I was one of the young women that had dined at Mother Red Cap's.
Q. So you never mentioned a word to him about this affair?
Q. How long did you stay there?
Smith. Near an hour I believe.
Q. And never mentioned a word of any thing that had happened? you say Johnson's coach was an hundred yards distance, and he did not come up?
Q. Was you near the Crown alehouse?
Martin. I was in it; facing the end of Fig-lane I saw two Hackney coaches stand, one just down Fig-lane, the other near the end of it; with the horses heads towards Pancrass; there were nobody on the boxes, and I saw no passengers.
Q. How near together?
Martin. About eight or ten yards; they were pretty close together; I staid about a quarter of an hour, or something more; I thought the coachman might be in there; I went with a view to get a cast to town; when I came out the coaches were gone away; I we nt down Fig-lane; and about thirty or forty yards down I saw something lying in the road.
Q. When you saw the coaches standing there did you hear any noise or bustle in the lane?
Martin. None at all; when I came up to it I found it was a woman; I said, you drunken hussey, or some such thing, what do you lie there for?
Q. In what position did the body lie?
Martin. It lay longways in the middle of the road; about one hundred yards from the end of the lane.
Smith. Towards the turnpike house; I left her with her legs towards Pancrass.
Q. Do you know this Crown alehouse?
Smith. I did not know that any house was near.
Q. What part of the road was he dragging her in?
Smith. By the side of the road.
Q. Not in the middle of the road?
Martin again. I laid hold of her arm, I took her to be drunk.
Q. Describe the particular manner in which she lay?
Martin. She lay with her head towards Pancrass: and she lay upon her left side; I laid hold of her right arm; she had no cap or handkerchief on.
Q. Are you sure of that?
Q. Nor any cloak?
Q. Did you see any cap, or handkerchief, or cloak lying there at that time?
Q. Did you observe any marks of violence about her at that time?
Martin. I went back for a candle and lanthorn to the Crown; I met a coal cart and a broad wheel waggon at the entrance of the lane; I desired the drivers to stop, for I believed there was a woman dead in the lane. I went and got a candle and lanthorn; as I was coming back again a dray was coming from Pancras; we hollowed out to the man to stop; before he could stop his horses he had passed the body; a gentleman took the candle and lanthorn from me to look at the track of the wheel to see if it had passed over the body; it had passed a yard distance from her; we examined the wheel all round to see if there was any blood upon it, there was not any.
Q. Did you observe the situation of her cloathes?
Martin. Her petticoats lay down; her cap lay about a yard off; she had a black silk cloak lay about a yard from her body all over blood; the cloak laid opposite to her; there was a great deal of blood in the road by the body, and the cloak was in it.
Q. Was her hair bloody?
Q. You could see better when you came with the candle, had she any cap on?
Martin. No; her bonnet lay near her head.
Q. Was that bloody?
Martin. I did not see; I never saw any handkerchief.
Q. Did you make any observation of her arms?
Martin. There was some housewife cuffs, as they call them, down at her wrists; the blood came out of her ears, nose and mouth.
Q. What became of the body?
Martin. It was carried up to the Crown.
Q. Did you examine the body any more then?
Martin. No; I saw the body again the Monday following at the Crown, it was stripped then; she had a cut in her temple; I think the right side; it seemed not to be done with a sharp instrument, but rather with a fall or a blow; her breasts and neck were black all the way down; and both arms were black; especially her left arm; and under her left side there seemed to be a scratch across her breast; two or three little scratches, as if done with nails.
Q. Was the blood running out of her nose when you came to her, or was it clotted?
Martin. One of the men took a garter to tie up her chin, and the blood run out of her nose; it was a frosty night.
Q. Did you make any observation how the body was? whether it was warm or not when you first touched it?
Q. Is there any stump in the road?
Martin. None that I have ever seen; and I have been up and down the road many times.
Q. Was there any part of the body that was not black?
Martin. It was all black as far as I saw; I saw no farther than about her breasts.
Q. Did it appear to be a man's or a woman's voice?
Wright. A man's; I was going up towards the Duke of Bedford's gates; I met a coach; the coachman stopped; I did not see him till he came close to me, it was so foggy and dark, and being frosty the coach drove very smooth; he stopped and cried, Hollo! I said, Hollo again; he said, Where am I? I said, Don't you know? he said No, he had lost his road; he said he wanted to go to Grosvenor Square; I desired him to go further on and turn, and I would direct him in the road; he swore an oath, and said, No, he would not, and drove on; he passed on the off side of my horses; I was on the near side; he passed by towards the field side.
Q. How far was this from where you afterwards found the body?
Wright. About fifty yards.
Q. Was you called to soon after?
Wright. In about two minutes after, or hardly so long, the man was coming with a candle and lanthorn, and said there was a dead body, and bid me stop, which I did as soon as I could stop my horses; I had passed the body about a yard; I observed a bruise on the left side of the temples; a gentleman came up on horseback; I desired him to let me have his horse to pursue the coachman; he said he could not spare it; her hair seemed pulled about.
Q. Did you observe any blood?
Wright. A great deal; when we went to move her she bled very fast from her nose, mouth, and ears; we asked the gentleman where we should take her to; he said to the firsthouse; four of us carried her to the Crown; she had neither cap, bonnet, nor handkerchief on; and had a bit of black ribband upon her wrist; she had something on both her hands.
Q. How long before you met the coach was it that you heard the person call Johnson?
Wright. About five minutes.
Q. Did the voice come from before or behind you?
Wright. It came towards me as I went up.
Wright. It was just upon me soon afterwards; it was not above one hundred and forty yards from where I heard the voice.
Q. Can you form any judgment whether the voice was the same as that of the coachman that spoke to you?
Wright. I did not take so much notice.
Q. Did you meet any other coach?
John Jones . I stripped the body at the Crown alehouse, and examined the bruises; first I examined her head before she was stripped; her right jaw was broke; it was on Saturday, the day but one after this murder was committed; just behind her right ear her skull was broke and pushed in; there was a scratch upon her left temple, as if done against the ground.
Q. What did you observe on the throat?
Wright. That was only dirty; her breast was scratched.
Q. Was the blackness upon the breast and throat that of dirt or blows?
Wright. I saw no blackness about her breast; the small of her right arm was black for the breadth of three fingers; she was black on the inside of her left arm; and the flesh was broke in through the skin as broad as the top of a finger.
Q. Did you observe the lower parts of the body?
Wright. No further.
Q. to Martin. When you first saw the body how did it lie?
Martin. Lengthways in the road, upon her left side; her left side of her face upon her left arm; her arm was spread from her; and her right arm lay down upon her side; she lay right in the middle of the road.
Q. Her head straight or inclined?
Martin. It lay upon one side of her arm; she lay in a straight line upon the road.
Q. Could a wheel have gone over the head and the two arms according to the position she was in?
Martin. No, I think not.
Q. You say she lay in the middle of the road; if a carriage had gone by was it possible to avoid the body?
Q. There was room enough?
Martin. Yes, on both sides to go past; she lay in the middle of the horse road; it is quite a level gravel road; there was room enough for a carriage to have passed on each side.
Prisoner's Council. As she lay straight a carriage might have gone over her, and each wheel have passed her without touching her?
Martin. The horses could not miss her well.
Court. The left arm lying extended out she must have been run over in some part?
Q. to Martin. You are used to horses?
Q. Is it usual for them to go over a body if they can avoid it?
Q. Was there any appearance of a carriage or horses having been over it?
Q. Did the cloak and hat appear as if squeezed in a rut?
Martin. It was all squeezed among the blood.
Q. Did it look as if naturally dropped into the blood, or pressed in by a wheel?
Martin. It did not seem as if pressed in by a wheel.
Murphy again. I saw her at the Crown; I stripped her; her skull was broke on the right side.
Q. The skin broke?
Murphy. Yes; her left jaw was broke; and from her shoulder to the flat of her arm she was very black; her left side seemed very much mortified within two ribs of her last rib.
Q. Did you observe the lower parts of her body; her legs or thighs?
Murphy. Yes; there were no marks of violence there, nor upon any other parts of her body; but five or six marks on her left breast.
William Jones . I saw two hackney coaches pass at my turnpike with two women in them; the last paid for both; I don't remember these persons; I took notice of this girl here in the first coach: one coach came back, and only one; I can't tell whether it was one of the same coaches. A young woman came through the gate and asked her way; I asked her what she gave for her ride; and where she had been; she said she paid nothing;
Q. Do you remember any drays going through your turnpike?
Jones. The drays came before the coach.
Q. When that coach went by it had a ticket I suppose?
Jones. We take no notice of coaches going back.
Q. Where was the young woman when that coach came back?
Jones. By the fire.
Q. Should you know that man again?
Awdin. Yes; Benjamin Johnson is the man. I have known him some time; our clock had just struck seven. I heard something crack on the road: in about ten minutes afterwards a man came riding upon one horse, and leading another. He said the coach was broke down; he went back to fetch money to pay the turnpike. I saw somebody come staggering after him; I opened the gate: he enquired the way to Brook's mews. I directed him to Mr. Wilkinson's; that was the prisoner Benjamin Johnson that came staggering after; who the man upon the horse was, I don't know. The man on horseback enquired the way to Mr. Wilkinson's in Brook's mews.
Q. Is there any other road way for a carriage to come to the Foundling Hospital from Pancrass road way but through Battle Bridge?
Awdin. Not to the Foundling Hospital.
After the deceased got out of my coach I shut the door up, and saw no more of her. I went down Tottenham Court Road home; she was very much in liquor. I went directly home.
For Hewett's Character.
James Wheatly . I live at a publick house in New Norfolk street. I have known him four years. He is a mild, serene, good temper'd person; remarkably good temper'd; not given to quarrel. A man that has always appear'd decent, and is respected by all the neighbours.
Thomas Burton . I am a coachman in Toller street. I have known Hewett between four and five years; he is a downright honest sober man, of a good natural disposition when in liquor as well as sober; the same character I give of Johnson.
Elizabeth Morton . I keep the sign of the Plough in Oxford street. I have known him four years; he bears a good character; of a humane disposition, a good-natur'd man. The same I know of Johnson. Hewett lives in the neighbourhood; I know him most.
John Taylor . I live in North Row, Grosvenor Square; I am a coachman; I know him to be a man of a remarkable mild temper; I never heard a bad word spoke by him. I know Johnson; he is a very sober, honest man.
William Smith . I keep a grocer's shop in Oxford-street; I have known Hewett four years; he is a good natur'd man; he lodged with me between three and four years; I never heard any thing amiss of him; he never quarreled; I never knew him out of temper.
Margaret Pursel . I keep a private house; he lodged with me before he lodged with Mr. Smith; he always bore a good character; he is of a humane disposition; I could trust my life in his hand; I never knew any hurt of him.
Jacob Foster . I have known Hewett three years; he has a good character; the most remarkable of any I ever knew in my life; I have been in his company many times; I never knew him out of temper; I have known Johnson two years; he has a remarkable good character.
Hewet, Guilty , Death .
Johnson, Acquitted .
Hewett received sentence immediately, to be executed on Monday, and his body to be afterwards dissected and anatomized.
269. (Ist M.) Mary Smith , Mary Boston , and Harriot Bateman , were indicted for stealing one green purse, value 1 d. and four guineas and one half guinea in money, numbered ; the property of Thomas Wilkes , April 6 . *
Thomas Wilkes . I came into town by the Gloucester stage on Saturday between five and six o'clock. I went to Cecil street coffee-house. Coming back between eleven and twelve, I saw the three prisoners and another girl in company, standing at the top of the Strand . They complained that they were almost starved, and begged I would give them a glass of something to drink; as they begged so hard, I went with them into a house of ill same in Butcher Row. We had one half crown bowl of punch, a pot of porter, and some negus. The girls kissed me, they desired I would stay all night with them; I told them they were welcome to the liquor, but I would have nothing more to do with them. This young man, Charles Fowler , was with me; Bateman and Boston immediately seized me; one laid hold of me round the neck, the other held my arm; I found my money gone whilst they had hold of me. I said I was robbed of almost five pounds; the girl that is gone was the girl that first left me; the prisoners held me from pursuing her.
Q. How long was it before you perceived they had picked your pocket?
Wilkes. Not five minutes; I perceived it as she was going away: and as soon as I could get out of the hands of Boston and Bateman, that held me, I followed her: she was got out of doors.
Wilkes. She stood by; she had not hold of me at all. We set by the fire place; there was no fire, and there was only two chairs in the room: they seized me as I set in the chair.
Q. So then only you and your friend sat down?
Wilkes. No; only us. I could not overtake the girl, so I went back to the three prisoners; they wanted to go. I sent for the watch; soon after the watch came; and the waiter said to the prisoners, Let the girl be produced, that the man may have his money.
Q. Did you get your money?
Wilkes. No; the girl was not produced.
Q. How much money had you in your pocket?
Wilkes. Four guineas and a half in gold; I found one of their hands in my pocket.
Q. At the time that they held you, what di d they that held you say?
Q. Why did you think the other girl had your money?
Wilkes. Because she was not produced.
Q. Why did you think the others were privy to it?
Wilkes. Because they held me, and would not let me go to pursue her.
Wilkes. No; only said she did not think I had lost any money.
Q. Can you tell whether she felt in his pocket?
Q. How long was she gone before they let him go?
Fowler. About two minutes; he got away by main strength.
Q. He said he had lost his money?
Fowler. Yes; he said he had lost five pounds.
Q. You do not know how much he lost?
This gentleman was coming along on Saturday night, and he asked us how we did; what house we went to: we told him the Ship and Crown tavern. He called for two shillings worth of liquor; this girl followed us in. We asked what business she had there; she said he spoke to her first. He seemed to like her best; she set by him, and all of a sudden she went out: then he laid hold of us, and said he was robbed.
We were standing facing the Ship and Crown door; he asked us to drink, so we went in, and the girl followed us; the gentleman set along with the girl; he seemed to like her best. She sat at the right hand of him, and she got up and said, Good night: then he said he had lost his money; we desired to be searched as far as was decent.
Q. to Fowler. Did that girl belong to these?
Fowler. Yes; they were all in company together.
Q. How long have you known her?
Johnson. A twelvemonth.
Q. What character has she?
Johnson. I thought her a clever girl in work.
Q. What work?
Johnson. Needle work: I never knew any thing bad of her.
Q. What business does she follow?
Kenny. Needle work and washing.
Letitia Lowins . I live in Church-yard alley. I am a dealer in cloaths; I have trusted Bateman to sell for me; she has took ten pounds worth at once; had she wronged me I had been ruined; but I never knew her dishonest.
Boston and Bateman, Guilty , T .
Smith, Acquitted .
Edward Roberts . I lodge at Saffron hill in the same house with the prisoner. On the 10th of March my wife told me I had been robbed of a guinea; she accused the prisoner. I took her before Justice Girdler; then she confessed she had robbed me of a guinea. I know that I had four guineas and half a crown in my breeches pocket, which I had put the Sunday before in a drawer in my room. I was informed of my loss on Saturday; I saw the money there the Sunday preceding; the drawers were not locked.
Mary Roberts . I am wife to the last witness. About nine o'clock that Saturday the prisoner and I went into the yard together; the prisoner came back first of all into the house, and left me there; I heard afterwards she had been fetching some things out of pawn; I suspected she had been at my money; I went to look at my drawers; searching my husband's breeches I found but three guineas instead of four; I knew that there were four there on the Monday before; I had talked of buying a quilt of
The things I fetched out of pawn was with a guinea I found upon the stairs.
Guilty , T .
William Dimes . I live in Long-acre; I am a coach-maker . On the twenty-second of February, a woman told me the dust people had been there to take away the dust, and the maid had missed a silver spoon out of the fore kitchen. I went to the fore shop, and there the maid was accusing the prisoner of having taken the spoon.
Q. What is her name?
Dimes. Ann Frogley . The prisoner and the woman were protesting their innocency: I saw two other dust men in the shop; I asked them if they knew any thing of a spoon; they said if there had been any thing taken out of the kitchen, it must be by that man. While I was talking to them, a woman that was supposed to be concerned, called one of my apprentices away to a passage, and shewed him the spoon behind a door; so I took the prisoner and the woman before Justice Sherwood. The prisoner confessed to his taking the spoon, and hiding it in that place; he said that he took the spoon out of the kitchen, and hid it behind the door; and said it was because he was in liquor.
Q. When your apprentice found the spoon in the passage, what became of it?
Dimes. He took it to the justice: I cannot swear to it; my wife can.
Q. Is that the spoon that was behind the door?
Dimes. I make no doubt of it; I cannot swear to it.
Q. Do you remember the time it was lost?
Dimes. Yes; the twenty-second of February: it was on the dresser.
Q. Was you there when the spoon was found?
Q. Is that the same?
Dimes. Yes, that is the same spoon: it has been in their possession.
Q. You was not at the justices to hear what they said?
Q. Did you see the prisoner in the kitchen?
Frogley. He went down to light a candle; I saw him coming up. I was in the kitchen about a quarter of an hour before that; I saw the spoon then: I left it on the dresser; and, as soon as I went, I missed it. I went to my master, and said I missed the spoon, and then went and took hold of the prisoner. He said, before the justice, that he was in the kitchen, and took the spoon.
Q. Did that passage lead down to the kitchen?
Field. This is a passage two or three doors off; it is a passage next door but one to the house, in another house.
Q. But the prisoner was not out of the house when you seized him; was he?
Field. The spoon was found in the house of one Tiggin, a baker.
Q. Did any of your people see the prisoner go into that house?
Field. No; it was a woman that follows the cart?
Q. Was you before the justice?
Q. Did you hear the prisoner say any thing?
Field. Yes; he said he took the spoon out of the kitchen.
Not guilty, my lord; indeed, Sir, I did not steal the spoon.
Guilty , T .
Roger Moser , on the 10th of April , about the hour of one in the night, and stealing twenty-three guineas, eight half guineas, and one crown piece, the property of the said Roger Moser ; and three guineas, one half guinea one quarter of a guinea, one four and sixpenny piece, and fifteen shillings in money, numbered, the property of Bryan Lee ; in the dwelling house of the said Roger Moser . *
Roger Moser . I am book-keeper to a waggon; I have a house in Aldersgate-street : my house was broke open last Thursday morning. I was alarmed by Mr. Richardson, an opposite neighbour, between one and two o'clock: I got up, and found my door open and a great croud about it; I went immediately over to Mr. Richardson; I found his son wounded. Upon examining my house, I found the counting house had been entered, and three desks broke open. Out of one desk was taken five guineas, eight half guineas, and a crown piece, and eighteen guineas more, from out of another desk, of my property: and five pounds, two shillings, and three pence, belonging to Bryan Lee . The sash over my drawers was broke; it had a hole big enough to admit a little boy to pass through; it had been broke ten days before, and had not been mended. The street door was shut when I went to bed; I found it open when I got up. I went to the watch house: there I found the prisoner in custody of the watchmen; he was taken to Bridewell: upon searching him, only eighteen pence was found upon him, and a knife.
Bryan Lee . I was alarmed by Mr. Richardson. There was a box in Mr. Moser's house, that was brought there to go by the waggon, that had been, over night, put under the desk in the counting house. The desk where I had put my money was standing open; the money Mr. Moser speaks of was lost out of the other desks; it was there over night; and, in the morning, this box, which was under one of the desks in the counting house, was gone out of that place. I heard the man was in custody; I went back to the house, and staid till Mr. Moser came. The box that was lost out of the counting house, was found by somebody in the street, who gave it to me.
William Woodland . I am son-in-law to Mr. Richardson; I keep the Three Cups, opposite the prosecutor. I went to bed a little after twelve. I happened to look out of the window, and saw three or four men under it, and a little boy; they were swearing together: they crossed the street, and went to Mr. Moser's house: presently after that, I saw a light pass through the pane of glass over the door. I was alarmed; I went to my father, and called him; he got up, and opened his sash; then we saw this light: we went down stairs; I went along the street to see for a watchman, but found none: I came back again towards the house, and observed Mr. Moser's door was open. As I passed along, just as I came up to Mr. Moser's house back again, I saw three or four men and a woman run out of his house; one had that box in his hand which was afterwards picked up in the street; I ran after them, and caught the man that had the box: he dropped the box; we scuffled together; he, at last, wounded me in the back; I let him go, and he got away: my father caught the prisoner at the bar. When my father and I came down to the gate of the house, I saw three or four men, and a woman, go into the house, before I went to look for a watchman; and am very sure the prisoner was one of those that came out of the house when I came back. I was not gone above three minutes, in which time they got into the house, and rushed out again. As soon as I saw this man come out of the house, I gave the alarm to my father, and desired him to stop him; I ran after the man that had the box. As soon as that man that I engaged had got away, I saw my father engaged with the prisoner, and he had got him upon the ground. At the time this man ran out of the house, my father was not farther from Mr. Moser's door, than three or four houses.
- Richardson. I live almost opposite; at the Three Cups. I got up at my son's alarm; I opened a window, and, looking at Mr. Moser's house, saw three or four people, with a woman among them, at Mr. Moser's door; I dressed myself, and opened the gate. In two or three minutes time, I saw Mr. Moser's door open, and two or three people rush out into the middle of the street: I pursued them about thirty or forty yards from the house, and overtook the prisoner. I am sure he is one of the men, for I had not my eye off him all the time, from his coming out of the house, till I laid hold of him. The constable came up; I gave him in charge, and they took him to the watch house.
I was coming through this street; I was going to my mother's; I stopped to make water; they laid hold of me, by mistake, instead of the thief.
He called no witnesses to his character.
Guilty , Death .
273, 274. (2d. M.) Joseph Dowling , and Mary, the wife of Joseph Cove , were indicted; the first for committing a rape on the body of Sarah Sharpe , spinster ; and the other for being present, helping, comforting, aiding, abbetting, and assisting him the said felony, and rape, to do and commit ; March 5 . +
Q. How old are you?
Q. What is your employment?
Sharpe. At a cook's shop, in Great Wild-street. She asked my mistress to spare me that night, or the next night, and I should not stay long.
Q. Did you hear her?
Sharpe. Yes; I did. My mistress gave leave for me to go with her; this was in the evening, between six and seven. As I was going along, she said I should know what she wanted with me when I got home. When I got to her lodgings, she first gave me a glass of rum, afterwards she asked me to play at cards, and then Dowling came in.
Q. What time had you been there, when he came in?
Sharpe. About a quarter of an hour.
Q. Had you ever seen Dowling before that time?
Sharpe. Never. When he came in he kissed Cove, and gave her some money to go out for some beer: she went out, and then he took me into a back room.
Q. What room was you in when you played at cards?
Sharpe. One pair of stairs forward.
Q. What did he do when he took you into the back room?
Sharpe. He threw me across the bed.
Q. In the fore room, before the woman went out, did he kiss you, or do any thing?
Sharpe. He pulled my stomacher out of my stays, and began feeling my breasts, before she went out.
Q. How long might he keep handling your breasts before the woman went out?
Sharpe. But a little while. I cried out.
Q. What did you say?
Sharpe. I said, Pray let me alone. He took me into the back room directly as she was gone.
Q. Did he say any thing to you before he took you into the back room?
Sharpe. He said, Come here; and dragged me.
Q. What answer did you give him, when he said, Come here.
Sharpe. None. He dragged me by my two hands, and laid me across the bed.
Q. Did you cry out all this while?
Sharpe. Yes; but I did not cry out so bad as when he hurt me with his private parts.
Q. You are not married?
Sharpe. No. Then the woman came in, as soon as he had got me on the bed.
Q. Did he put his private parts to you before the woman came in.
Sharpe. No; not till after she held down my hands on each side.
Q. What did you say?
Sharpe. He clapped his hand upon my mouth: I could hardly fetch my breath.
Q. What did he do to you after they held you down so?
Sharpe. He forced his private parts to me.
Q. And what did he do then?
Sharpe. I felt something hot and wet.
Q. Was he in your body?
Sharpe. Yes; and I screamed out. I felt something hot and warm come from him.
Q. How long might he be about this?
Sharpe. About half an hour.
Sharpe. It was above half an hour.
Q. How long did you stay at this house?
Sharpe. All night. They locked me up.
Q. When did you go home to your mistress?
Sharpe. In the morning; Mrs. Cove went home with me. I refused to have any supper. Mrs. Cove told my mistress, when she went home with me, that she was very sorry to keep me out all night.
Q. Did you say any thing of what had happened, to your mistress, before Mrs. Cove?
Q. How long did she stay?
Sharpe. She went away immediately; she did not stay.
Q. What happened after she went away?
Sharpe. My mistress said I had not been in bed all night. I told her every thing the same as I have said now. She searched me; I was black and blue between my thighs.
Q. Did you see that yourself?
Q. Was you bloody?
Sharpe. Yes; my shift was all greasy and bloody.
Q. When were these people taken up? how long after?
Sharpe. A warrant was applied for to Justice Fielding, on Tuesday night, the second of March.
Q. That was Saturday. What day of the week was it upon?
Sharpe. I can't justly say.
Q. Are you sure the warrant was applied for on Wednesday?
Q. You are wrong I believe?
Sharpe. I do not know the justice's name.
Q. Was it this gentleman? (Mr. Welch)
Sharpe. It was that gentleman.
Q. Then they were sent to gaol I suppose?
Q. Had this Cove ever called to see you at your mother's before?
Sharpe. Yes, many times; she appeared very fond of me, and was always a kissing me; the man and woman went to bed; I got out of bed; they would have had me lie with them; I got out of bed, and sat in my shift in the fore room; their bed was in the back room; he laid upon her and said, It was all the pleasure in the world.
Q. She was not an acquaintance of your mistress's?
Q. Was your mistress in a good or bad state of health; well or ill?
Sharpe. Very well; she has got twins.
Q. You say your mistress was well?
Sharpe. Yes, very well.
Q. Had you sat up with her the night before; or made an excuse that you had sat up with her?
Q. What is your wages a week?
Sharpe. One shilling.
Q. Did not you say to the prisoner that you would stay with her no longer at a shilling a week, and that you had sat up with her all the night before?
Q. What had you drank that day, before yo u came to their house?
Q. You have known Dowling as long as Cove I suppose?
Sharpe. I never saw him before.
Sharpe. A great while; she was an acquaintance of my mother's.
Q. How long have you been acquainted with her?
Sharpe. A great while; she knew where I lived.
Q. Was there nobody in the house but her?
Sharpe. I saw nobody but her.
Q. Did not you complain you had set up with your mistress for a shilling a week, and would do so no more?
Q. How far is it from your mistresses to this house?
Sharpe. I do not justly know; it is from Conduit-Court, in Long-Acre, to Wilde-street.
Q. You say he had took your stomacher off before she went out; why did you let him do it?
Sharpe. He took out my stomacher.
Sharpe. The woman helped him; she held me.
Q. Did not you after that attempt to go out of the room with this woman?
Sharpe. I wanted to go out; they said, Stay, stay.
Q. Was that all the force used on you?
Sharpe. No; the bed was most force.
Q. Was you quiet after your stomacher was pulled out in that manner?
Q. Did you cry out?
Sharpe. He put his hand on my mouth.
Q. Was that before the woman went out for the beer?
Sharpe. Both before and after.
Q. Before the woman went out, and after he clapped his hand on your mouth?
Sharpe. Yes, both before and after; my stomacher came out very easy.
Q. Then there was no need of the woman's holding you?
Sharpe. They would not let me cry out.
Q. You was at liberty to call out when she went out for the beer?
Sharpe. She went out directly.
Q. You did not cry out much till he hurt you on the bed?
Sharpe. Not till his private parts hurt me.
Q. Did you cry out or not before you was on the bed?
Sharpe. Yes, a little; but not so much.
Q. Was his hand on your mouth or breast before he went into the bed-room.
Sharpe. On my breast.
Q. Did not you think he would hurt you before he went into the bed-room?
Sharpe. He said he would stab me; he bade me not cry out. On the bed he throttled me; he pinched me on my throat that I could hardly swallow a bit of meat.
Q. So you have not been able to swallow since the second of March? what was the price you and your mother insisted on to make you satisfaction?
Sharpe. I do not know any thing about it; I never asked any thing.
Q. You say you sat in the outward room in your shift?
Q. Why did you not put on your cloaths?
Sharpe. They were in the next room on the bed; I was afraid to go for my cloaths; I was afraid to go near the bed.
Q. Does nobody live in the house?
Sharpe. I did not see any body.
Q. You was in the other room, why did you not call out for assistance?
Sharpe. I was afraid of my life; he had the key of the door; he locked the fore room door.
Q. During the whole of this time did you eat no supper?
Sharpe. I eat nothing; I sat down in a chair.
Q. How came you to undress yourself?
Sharpe. They pulled off my cloaths.
Q. You did not undress yourself?
Q. What, did the man take off your stays?
Sharpe. He broke the lace from my boddice; he pulled off all my cloaths.
Q. Pray, what conversation had you with Mrs. Cove, going to your mistress's?
Sharpe. She said, she would make me a present of a silk gown and silk handkerchief, if I would not tell my mistress.
Q. You was not sick in the night, and came to bed again?
Sharpe. No, I did not.
Q. I think you said, in the night he got out of bed again to you?
Sharpe. Yes, but I would not go to bed.
Q. What employment did she follow in your house?
Leonard. I have five small children; I had her to assist me in looking after the children.
Q. Where do you live?
Leonard. In Conduit Court, Long Acre. My husband is a taylor; I let lodgings.
Q. What lodgers have you?
Leonard. One Bass, a watch-maker, and a stay-maker, and a widow woman up two pair of stairs, and two single journey men taylors.
Leonard. I knew her by coming after the girl; I knew her no otherwise.
Q. Had you seen her at your house before she fetched the girl at this time?
Leonard. Once before she came with a bundle from her mother.
Leonard. On Monday night, the third or fourth of March, I believe.
Q. What did she say when she came to your house?
Leonard. Sally went to the door to her; they spoke together in the passage; then both of them came in together; Cove asked me if I could spare her out a little to-night, or tomorrow night; I let her go that night.
Q. Did you understand she was to come home that night?
Leonard. Yes; she put up the shutters, and said, she would stay but a little while; that was all that passed.
Q. Did Cove say what she wanted the girl to go for?
Q. When did she come back?
Leonard. Not till seven the next morning; then they returned together.
Q. Did you know where Cove lived?
Leonard. She begged my pardon for keeping her all night; she said, they had been talking till it was too late to bring her home. She went away directly.
Q. What passed then, after she was gone, between you and the girl?
Leonard. She said, she could not get away; that she undressed herself to go to bed, or that she was undressed, and the candle was blown out. She said, she refused going to bed, and sat without her cloaths all night. At breakfast she complained of her throat being very bad: I asked her what was the matter with her throat; she said, by a man that was there, and that she had been very badly used.
Q. Was that her expression?
Leonard. Yes; she said she would not go to that place again if they would give her a lapful of guineas. She pulled up her coats, and shewed me a place in her thigh like the marks of nails, scratched, and quite black about the middle of her thighs. She said, she wished her mother knew how she had been used; I told her I would let her mother know.
Q. Did she say first, of her own accord, she wished her mother knew how she had been used?
Q. Did you examine her body?
Leonard. Not till I fetched her mother. I went that day; she could not come then; she came the next morning between eight and nine o'clock.
Q. How did you find her?
Leonard. Badly used.
Q. You must lay aside ceremony on this occasion; how did she appear?
Leonard. Very much inflamed.
Q. Did she appear as if she had been used by a man?
Leonard. Yes; her mother has her shift; I saw it over night.
Q. She stripped herself the night before her mother came, how did she appear?
Leonard. There were marks of blood and grease upon it.
Q. How had this girl behaved herself in your service?
Leonard. Very sober.
Q. You had work enough for her with your five children, was she busy and industrious?
Leonard. Yes; a very handy girl.
Q. Did she or not discover any light turn of disposition in her behaviour?
Leonard. No, not at all.
Q. When she came home I suppose you rather rebuked her for being out all night?
Q. What did she tell you then?
Leonard. She said she undressed herself to go to bed. She did not care at first to tell me, but she told me afterwards. They had promissed to give her a new gown not to tell her mother or me.
Q. What did she say afterwards?
Leonard. She said the candle was out, and she sat up all night.
Q. Did she tell you why she staid out till bed time?
Leonard. No; she said she set up without her cloaths all night.
Q. Did she say why she did that?
Leonard. She said she did not care to go to bed with a man and woman.
Q. And she complained she was locked in?
Leonard. Yes; she did afterwards. I asked her why she did not find her clothes; and if she was in liquor.
Q. Why did you ask her if she was in liquor
Leonard. She sat up late that night to attend the children.
Q. Why did you ask if she was sober, or drunk, that she could not find her clothes?
Leonard. Because I thought it very odd not to find her clothes. She said Mr. Cove could not find her tinder box; she had got a cold?
Q. How long did her cold continue?
Leonard. A good while.
Q. How long was it before she began the story of her ill usage?
Leonard. Some of it at breakfast; some sometime after. She said she would not tell the whole to any body but her mother.
Q. Pray when did she pull off her clothes?
Leonard. At eleven o'clock at night, to go to bed.
Q. Was you in the room with her?
Q. You told that story?
Leonard. No; she told the story at twelve o'clock at noon.
Q. When did you examine her?
Leonard. Between ten and eleven o'clock.
Q. Did she appear quite sober at that time?
Q. Have you known much of it since?
Leonard. No; she went home to her mother.
Q. Did you know this Cove?
Molineux. I nursed her when she was ill in the Horse Ferry road, about two years ago.
Q. Do you remember sending this woman with a bundle to your child?
Molineux. Yes; a bundle of clean linen. When I was at work, Mr. Lennard came to me; I was not at home; I was a nursing. I went the next morning as soon as my mistress could let me go.
Q. Can you tell what day of the week that was?
Leonard. Wednesday morning.
Q. What time did you get there?
Molineux. Between ten and eleven, I believe.
Q. Did you see your daughter?
Molineux. Yes; she was crying. She told me there was a sad accident had happened to her: that Mary Cove came as the night before and asked liberty of her mistress to let her go a little way with her. She said her mistress asked where she was to go to; she said her family was gone from home, and she wanted her to keep her company: that her mistress gave her leave; and she went. She said that Dowling -
Q. Did she mention his name?
Molineux. She told me the story: that she brought her to her room, and bid her sit down; that she gave her a glass of rum, or brandy; rum I think; that she looked round the room, and Mrs. Cove asked what was the matter with her; she said, Mrs. Cove, this is not such a house as you used to have when my mother nursed you: she said, Never mind that; and then Dowling came in; she got up, begged his pardon, and was going away; (she did not know any thing of the gentleman ) he said, No, no; stay, my dear, you must not go away: that he pulled her stomacher out of her stays, and then afterwards abused her; and that Cove held her hands the while. Her throat was very much swelled and fore: the inside of the thick part of her thigh was scratched with nails; it was black and red.
Q. Did you examine her private parts?
Q. How did they appear?
Molineux. Very sore and red; her mistress and I examined them together.
Q. Upon the inspection you had of the girl, did it appear as if a man had carnal knowledge of her?
Molineux. Yes; her linen was in a filthy, bloody condition, and greasy with grease that he put upon her.
Q. How old is your daughter?
Q. Has she been in service before?
Molineux. She had lived at a pawnbroker seven weeks; their place was too hard for her.
Q. How did she behave?
Molineux. Very modest; and she is very ignorant of those matters.
Q. When did she say she cried out?
Molineux. When he was going to serve her so; and he said he would stab her.
Q. In what credit did Cove live when you nursed her?
Molineux. Very well; her husband was in the Marshalsea.
Q. How long did you live with her whilst you nursed her.
Molineux. Six or seven weeks.
Q. And you saw nothing improper in her behaviour?
Molineux. I cannot say any thing to that.
I believe it was on Monday, the fourth of March, I came home about nine at night. I found Sarah Sharpe standing by the fire along with this woman. There was a remnant of a pint of beer standing upon the table; I sent for another myself. I did not think, by the girl's behaviour, that she was sober; she begged to stay there all night: I consented to let her stay, and she did, all night, in my apartments. She said she would not stay to serve such a b - h of a mistress, for a beggarly shilling a week, to keep her up all night and day. She got up four different times in the night, and was sick. She puked all over the room, fell down, rolled in it about the room, and got into bed, four different times, of her own accord. I made many words, and would have got up to go away, the stench was so offensive, but could not tell where to go to sleep the remnant of the morning. She went away about seven o'clock in the morning. Her father came to me, in Newgate, last Monday, and told me his wife was a very honest woman, but a very covetous one: he said; he did not imagine I had got any money, because I was in gaol; but if I would get a friend to raise a little money, he would stop all the prosecution. I told him I had none; he asked me if I would give a bond: I said I would not. His answer was, if I did it would be of no utility, because I was in gaol: but, if I would send a friend to meet him that night, and lay down a trifle, he would stop all prosecution. I sent a friend to him last Monday night: he came to me again last Thursday; he claimed a bond, and five guineas down. I told Mr. Gore (the gentleman that came to me last Thursday) that I had no money, and he gave me sixpence he is here. I did not meddle with her.
The girl was with me. She swore she would not go home to work for a b - ch of a mistress for a shilling a week; and she said that one of her master's lodgers had laid with her. Mr. Dowling never laid with her.
For the Prisoners.
Thomas Gore . I live in Blackman street, Clare market. I am a peruke maker. On Thursday, between twelve and one, I came here to look at the list where the prisoners names are; I could not find the name of Dowling. I came from the place about a yard or two, and stood by a man that I found afterwards to be the girl's father in law, Molineux. H e was quite a stranger to me. I asked him if he could inform me whether Mr. Dowling's trial was over; he said it was not. He asked me if I knew Mr. Dowling; I said I had been acquainted with him five or six years, and was sorry for his present situation. He replied, that if he had made any proposal that was clever and genteel it would never have come to what it is now; but that there was a man called on him, and had offered him two guineas; but that his answer was that that would not do; it would not pay the expences he had been at; and that he farther offered to be bound, in a bond with Dowling, as far as twenty pounds.
Court. Do you, prisoner, wish to have this evidence given. This is evidence, as this man gives it, that you had sent a man to compromise this matter, and had offered to be bound with you, so far as twenty pounds.
Gore. He said, I should be willing to make it up. He said he would ease it, rather than take life away. I asked upon what terms; he said, if Dowling would give five guineas, and a bond for fifteen more, payable at six shillings a week, he would make it up. I went to the prisoner, and told him; he said he had not got a farthing in the world to help himself. Molineux then said he must proceed.
Q. Have you ever seen Molineux since?
Gore. Once or twice.
Q. Have you ever been at his house?
Gore. Molineux is here in court.
(Molineux comes forward, and is sworn.)
Court. Look at Gore; have you seen him before?
Q. Had you any discourse with him about making up this prosecution?
Molineux. I said, I do not know: he said, if it could be done between me and my wife, it would be better. I said, I am not her father, only her father-in-law; she must do as she pleases; I had no notion of doing it.
Q. Did Gore come up to you and speak first?
Molineux. Yes; I never saw him till he was at the lift.
Court. This evidence is not material; here is the father-in-law of the girl; the jury will judge of Mrs. Leonard's evidence, and suppose this father-in-law was, upon an overture of the prisoner, inclined to take a sum of money; is that to stifle such a prosecution as this, or to contaminate the other evidence, and sought out by their own witness, appears to a demonstration.
Q. Pray, do you remember the night that has been so much talked of?
Maglaglan. Yes, the 4th of March. I lodge in the three pair of stairs.
Q. Do you remember this girl being there that night?
Maglaglan. I never saw her till two or three days ago.
Q. Do you remember the night this girl was at this man's apartment?
Maglaglan. Yes, I have good reason to remember; I was up very late.
Q. Did you hear any crying out or screaming?
Maglaglan. No; I was up and down stairs several times.
Q. What time did you go to bed?
Riley. About twelve o'clock.
Q. Did you hear any cries or disturbance in his room?
Q. Did he lodge there?
Rlley. Yes, both together; I thought them man and wife. The young woman was singing; he was not there then: the tea-cups were on the table. Dowling came in about a quarter before nine, to the best of my knowledge; I let him in; when he came in, he passed by me up stairs; I did not go into the room any more.
Q. Did you hear any disturbance? Or, if there had been a girl screaming there for half an hour, should not you have heard it?
Riley. Yes; the rooms are very small, and the wainscots thin. I was up and down the stairs several times to let my lodgers in, and see the doors were fast. I was up stairs, and came down to let them in.
Q. Did you hear any intimation from any person that they had heard any noise that night?
Q. How many lodgers have your?
Riley. There are three rooms upon the floor Mr. Dowling lives in; they all join to the stairs.
Q. The stairs come between the rooms?
Q. So that if any disturbance had been people must have heard it?
Q. What do you know as to this man's character?
Riley. He is a very civil man: I never heard a lewd word by either of them.
Q. Do you think she is capable of holding a girls arms while a rape was committed upon her?
Riley. She was very civil and discreet, and the man so too.
Q. How many rooms are there on that floor?
Digon. Two; Dowling has two rooms, one in another; we live upon one floor.
Q. When you come up one pair of stairs, which side is your door of?
Digon. The right hand; his is upon the left.
Q. Where is his other two rooms?
Digon. The inside that room.
Q. How many doors come out against the stair-case?
Digon. Only two.
Q. At the top of one pair of stairs there is
Riley. A thin wainscot partition.
Q. Was you at home all this evening?
Riley. Yes; I heard her singing about seven o'clock; I did not seen her.
Q. What time did you go to bed?
Riley. A little after ten.
Q. Do you know what time Dowling came home?
Riley. About nine I heard his voice.
Q. Did you hear any noise or disturbance?
Riley. No, nothing but singing and laughing.
Q. Did you hear singing and laughing after he came home?
Riley. No; I never heard any noise after he came home.
Q. You have known Dowling and the woman?
Digon. Yes, since I came to lodge there.
Q. What is their character?
Digon. They are very quiet, orderly people.
Q. If there had been a voice of distress in his room could you have heard it?
Digon. Yes, I could; but I heard none.
Q. What has been the woman's behaviour?
Digon. Very modest and civil.
Q. You did not hear from any body in this house that there had been any disturbance in the prisoner's room?
Q. Do you know the behaviour of the man or woman?
Macaulay. I never saw any thing indiscreet or immodest in either of them.
Q. What is his business?
Cornish. An herald painter.
Both Acquitted .
275. (2d L.) ELizabeth Parkins , spinster , was indicted for the wilful murder of her male bastard child, by giving it a mortal wound on the fore part of the neck, of the breadth of three inches, and the depth of two inches, of which it instantly died . She also stood charged on the coroner's inquisition with the said murder. Feb. 25 . *
Mr. Wathen. I am a surgeon, and live in Bartholomew lane; I was desired on the twenty-sixth of February to attend the coroner's jury to examine the body of an infant which was said to be murdered. I went to Mr. Lang's in Great Westminster-street; the child was in a copper, from whence it was taken out; the copper had water in it, which was covered with ice; from under which the child was taken out; it was a male child. I found a very large wound upon the fore part of its neck; in which was divided the windpipe, the gullet, or throat, the large arteries, which we call carotas, on both sides the jugular veins, and the lateral muscles of the neck on both sides also; the wound was so deep as also partly to separate the spine of the neck.
Q. By that you mean from the upper part of the back bone?
Q. Then the head, according to your description, was almost cut off?
Wathen. Yes; it hung only by the back muscles of the neck, and part of the spine of the neck which was not divided. I gave it then as my evidence, as I do now, that the wound was mortal.
Q. Can you form any judgment by your observation how long the wound might have been given; was it a fresh wound?
Wathen. A fresh wound; it was under the ice in water; it was impossible to say the period.
Q. Was it a fresh wound?
Q. Had it bled?
Wathen. It had no appearance of blood.
Q. Did it appear to have bled?
Wathen. It must certainly have bled if it had been alive.
Q. According to the best of your judgment was there any appearance that looked to you as if it had bled?
Wathen. I think it had bled.
Q. Tell us the reasons of your judgment that it had bled?
Wathen. Only the vessels being divided, and the child being full grown; therefore I suppose it to have been alive.
Wathen. It appeared so to be; it was as large as most children I have seen at full growth.
Q. By the other appearance of the child was it at its full growth?
Wathen. It appeared to be so in every respect.
Q. Did you make any observations of any kind by which you could say the child had been once alive?
Wathen. Certainly it had been so.
Q. Was it so after it was born?
Wathen. I cannot say. I did make an experiment on the lungs, which was formerly thought decisive; but now that opinion is exploded, that a child that had been still born had not the lungs inflated with air.
Q. Did you see the prisoner?
Wathen. She was in the work house.
Q. Did you examine her?
Wathen. No; she said she was the person that was delivered of the child.
Q. What day did you see her?
Wathen. The twenty-sixth; after I had seen the child; she had not confessed this affair in full before I asked her, How could you do such a thing as this; I suppose it was unpremeditated? she did not confess positively, she replied it was unpremeditated; she said she did not know how she did it; or which way she did it; she said she had provided child bed linen and a lodging, and was going away, I think, from her mistress's; that she did not know what she did.
Q. I suppose the wound was made with some sharp instrument?
Wathen. I asked her with what; she said she could not tell with what she did it.
Q. You cannot form any judgment how long the wound had been given?
Wathen. I was informed it was done the day before; and I saw no reason to dispute the truth of that from the appearance of the wound.
Q. Whether it might be impossible in the separation of the child, supposing a person to be delivered in the dark, for such an accident to happen in the separation?
Wathen. I do not think it probable; it appeared too much like a wound made by a sharp instrument; such a wound as that would be a very irregular laceration.
Q. You do not know whether the navel string might be entangled round about the neck?
Wathen. I do not; the navel string was not tied or cut; it was broke off; it appeared as if the placenta had been torn off; it was five or six inches long.
Q. Sometimes I believe it happens to be intangled round the neck; there are instances of it?
Wathen. There are instances of it; and strangulation very possibly may arise there-from.
Elizabeth Jornagan . I live next door to Mr. Lang. I found the child on the twenty-fifth of February between twelve and one at noon, the day before Mr. Wathen saw it, in a copper of water at Mr. Lang's; the copper was in a shed in the yard.
Q. Was there ice upon the water at that time?
Jornagan. Yes; loose ice; the ice was broke; it was a thaw; then the child had its throat cut in the manner Mr. Wathen has given an account; the prisoner was by me at the time I found it.
Q. He came you to look into this copper?
Jornagan. Mrs. Lang came and told me she suspected her maid servant had been delivered of a child; I went directly; she let us in at the first door; we asked her if she had not been delivered of child; she said, No; then Mr. Ingam looked about the house for the child in places.
Q. Was the prisoner with you all the time?
Jornagan. Yes; we went into the yard; the prisoner went with us there; we looked first down the necessary; we looked into the copper hole, and then into the copper.
Q. Could you see the child through the water?
Jornagan. No; the water was very bloody; the child was to the bottom; the water was all over bloody; I put a stick in the water and, and the child came up.
Q. Did the prisoner say any thing while you was looking into the copper?
Jornagan. She said it was not there.
Q. What did she say when you had poled the child up?
Q. Did you hear her say any thing about this child?
Jornagan. No; we questioned her no more after we had found the child; I only asked if she had provided any thing for it; she said, Yes, she had some little things for it.
Q. Did you ever see any thing she had provided for it?
Jornagan. No; I went away; the officers were sent for to take her away.
Q. Did you see any instrument of any kind?
Jornagan. I found a knife, before I found the child, in a porridge pot that stood in the sink, very near the copper.
Q. What sort of a knife?
Jornagan. A common case knife; it was bloody; the blood was towards the handle.
Q. Was there any blood in the shed, besides on the knife and in the water?
Jornagan. No; I saw none no where else; I taxed her with cutting the child's throat after I found the knife, before I found the child. She denied it, and said, She was surprised how I could accuse her.
Q. You say you saw no blood any where but on the knife?
Jornagan. No, not in the shed.
Q. Was no drops of blood on the floor?
Jornagan. None in the yard; there was in a closet in the kitchen, on the floor, several drops of blood; while I was out, taxing her of having the child in the kitchen, I saw several drops of blood fall from her.
Q. Do you mean that they came from under her petticoat?
Jornagan. To be sure.
Q. Can you tell whether the child was born alive or no?
Jornagan. I cannot say; it was at its full growth.
Q. Did it appear how long it had been cut?
Jornagan. It could have been cut but a little while, because the blood on the knife was fresh.
Q. You mean that morning?
Jornagan. It must have been in a few hours.
Q. You say you saw some drops of blood in the kitchen in a closet?
Jornagan. Yes; and on the kitchen floor.
Q. Was it a dark or a light closet?
Jornagan. A dark one.
Q. Was she to go away that morning?
Jornagan. Mrs. Lang was to discharge her that morning; the girl said she had the rheumatism; she had desired to be discharged.
Elizabeth Davis . I live at Mr. Snell's, in Austin Friars, Mr. Lang is in partnership with my master. Mrs. Lang came to my master's counting house on 25th of February, between twelve and one o'clock. My master came to me, and desired I would go to the counting-house, and see Mrs. Lang: however I did not. She desired me to go to her house, for nobody was with her children but Mrs. Jornagan: I went directly, and left Mr. Lang in the counting house. I went into the kitchen; the prisoner was setting up against the wainscoat upon a chair. Mrs. Jornagan seemed to be in a fright. I said I hoped things were not so had as was expected. She said it was; and if I would go to the copper I should see. A little while after, Mrs. Jornagan said, let us take it out of the copper. She took a stick to raise it up with. I asked the prisoner how she was; and whether she would have any thing hot; she made me no answer. Mrs. Jornagan reached the child up; I saw its throat cut, but did not examine it.
Q. How was the water?
Davis. I cannot say; it looked very red; it looked something discoloured. Mrs. Jornagan shew'd me the knife; I said, it is not bloody. She said, it has been wash'd then. I went into the kitchen; she was sitting in the same posture as when I went out. I said, O Lord, what have you done! she made me no answer, and did not even look towards me: soon after the parish officers came in.
Q. Did you never hear the prisoner say any thing about it?
Q. Did you see any blood on the floor?
Davis. No; I did not see any.
Q. When you went to the copper you left the woman sitting in the kitchen, and found her there when you came back again?
Q. How long might you have been at the copper?
Q. You say the water was not much discoloured with blood?
Davis. It had a brownish colour. I did not take any up out of the copper.
Q. Not red; not like bloody water?
Davis. It was not red.
Q. I believe you said before the coroner you thought that the girl was out of her senses?
Davis. I was with her about ten minutes; she and I and the children, when Mrs. Jornagan was gone to finish her dinner. She sat in the same posture; I don't know that she stirr'd hand or foot: she seemed in a stupefy'd way, as if she had just come out of a fit.
Q. Do you know whether there were any things found in her box?
Davis. Last Saturday I saw Mrs. Lang take some small things out of the servant's box; they were given me, and I carried them back, as the trial did not come on.
Q. Have you them now?
Davis. They are here.
Q. Is not Mrs. Lang here?
Davis. No; she is near her time; past her reckoning; and it is not safe for her to come out.
I was taken very bad over night, and I had a pain across my loins: I thought of something else. I went to cut the string to ease myself: I was deprived of my senses, and do not remember any thing that I did.
For the Prisoner.
Sarah Shephard . The prisoner came to take a lodging of me about three months ago. She was to come at the beginning of the week; she did not; I expected her. She said she should like to have a lodging whenever she should be out of place, to make it as her home.
Thomas Stevenson . I am overseer; I was sent for by Mrs. Lang. I examined the girl's box myself; I found some child bed linen and caps, and such things, ready made up by themselves; that was while she was in the kitchen, before she was sent away.
Q. She had not been out of the kitchen at that time?
Stevenson. I believe she could not move then.
Q. Did you think she was in her right senses?
Stevenson. I did not think so, I will assure you.
Q. Had she applied to go away that morning?
Lang. Yes; her mistress told me she was going away. I spoke to her, and said if there was a vacancy when she got better I should be glad to have her again in the house: it was eleven o'clock when I went out.
Q. from Prisoner's Council to Mr. Wathen.
Suppose the child had been born alive, and its throat cut, and put immediately into the copper or soon after, would not there have been a great deal of blood?
Mr. Wathen. It would have been very deeply tinged.
Q. If the child was born dead it would have been but little discolour'd?
Wathen. Yes; if the child was born alive there must have been a large effusion of blood certainly, whatever became of it; there must have been ten or twenty times more blood than I perceived. The blood would have been coagulated, which would not have escaped me; there must have been a great effusion of blood, which must have been done something with.
276. (1st M.) Thomas Knowles was indicted for stealing one dimity waistcoat, value 4 s. one black cloth waistcoat, value 1 s. 6 d. and one pair of black breeches, value 2 s. the property of William Webb , March 7 . ++
William Webb . I found my box broke open. The prisoner lodged in my house; he was to go abroad in the East India service. The next day I found the prisoner at Justice Welch's with a waistcoat and pair of breeches of mine upon him. We found a marline spike in his pocket; he acknowledged that he had broke open my box, and taken out the things mentioned in the indictment.
I have no friend.
Guilty , T .
Hugh Mayor . I am a linen draper in Bishopsgate-street Without . I lost these handkerchiefs out of my shop between ten and eleven o'clock in the forenoon, on the 25th of March. I shewed the prisoner some handkerchiefs: there were two other customers came into the shop: I called my wife to attend her. When she was going away my wife charged her with having something in her pocket: she put her hand in her pocket, and took out two silk handkerchiefs, which she said she had when she came into my shop. I looked at them, and found a ticket with my mark upon them.
- Scott. I went to Mr. Mayor with a gentleman. He called Mrs. Mayor; she attended the prisoner; Mr. Mayor attended us. Mrs. Mayor said the prisoner had something of hers in her pocket. The prisoner said she had a couple of handkerchiefs she had bought at another place: she pulled them out of her pocket. Mr. Mayor looked at them, and said there was his mark upon them. The prisoner said she had money in her pocket, and she would pay for them. Mr. Mayor would not take it. Then she offered to down on her knees to beg pardon, and so on.
(The goods produced in Court, and deposed to by the prosecutor.)
I went into the shop to buy a handkerchief. Mr. Mayor shewed me some. Two gentlemen came in. He called his wife. These two handkerchiefs slipped off the counter. I took them in my hand. She called her husband, and said I was going to take them away. I had not put them in my pocket. I said I had money to pay for them.
For the Prisoner.
Q. Two hundred of what?
Hyndes. China oranges.
Guilty , T .
279, 280. (1st M.) William Cross , and William Cocking , were indicted, the first for stealing a streak of iron, value 4 s. the property of David Jones ; and the other for receiving it, well knowing it to have been stolen , March 24 . *
Both Acquitted .
The constable confirmed this evidence, and added, that, in the court, he pulled his stocking off, and took the five and three pence out of the foot of it.
I know nothing of the five and three pence the servant put down upon the board; I found this five and three pence, as I was crossing the way, in the street. When my master said he would fetch the constable again, I said I would stay and see what the constable would do.
Guilty , B .
- Lancaster. I am servant to Messrs. Grace and Kennedy, linen-drapers in Cornhill . I saw the prisoner open the door, come into the shop, and take a piece of linen off the counter. I was behind a door watching him. We had been robbed twice before. I had seen the prisoner loitering about the door, and suspecting him, I watched him; he took the piece off the counter; he reached, and laid hold of the piece; he was not entirely within the door, I believe; he reached his hand out, and took it; he carried it off: I pursued him directly. When he saw me after him, he threw it down just by the door. I secured him.
Q. Had he no business in your shop?
Lancaster. None. (The piece produced, and deposed to.)
- Hall. I was passing by Mr. Kennedy's door; I saw the prisoner come backwards with the piece of linen upon his left arm; he threw it down upon the flat stones, and ran into the middle of the street. Mr. Lancaster ran after him, and cried, Stop thief. The prisoner ran up Gracechurch-street, and ran into the Skin Market, Leadenhall-street; there we took him.
I am a foreigner. All that gentleman speaks is false. I am a shoemaker; I made a pair of shoes for a gentleman in Lincoln's-inn fields; he said to me, I never saw you in the synagogue in my life. It was about half an hour after four. He went along with me; I saw a great mob in a street, I don't know the name of it; I can't speak English; I was running to see what was the matter, andJames Mitchell that was along with me.
For the Prisoner.
James Mitchell . I live at Mr. Morgan's in Lincoln's-inn-fields. I am a hosier. The prisoner made me a pair of shoes; he brought them home this day six weeks. He asked me to take a walk to see the synagogue in Duke's Place. As we were going up Cornhill, we heard a great cry of Stop thief, stop thief. The prisoner said, he would go and see what was the matter; we were then about an hundred yards beyond the Royal Exchange, in Cornhill.
Q. Which way did the cry of Stop thief come?
Mitchell. They went towards Leadenhall-market. He left me, and said, he would come to me presently; - he went towards Leadenhall-market; the mob was before us; he ran and joined the mob. I staid some time, and he did not come home; they told me at last, that he was taken up for stealing something out of a shop; I heard that at his lodgings.
Q. What time was this?
Mitchell. About five o'clock.
Q. Did you go to see him?
Mitchell. Not till about a fortnight or three weeks after. I went directly home to my lodgings.
Q. Who gave you an account at the prisoner's lodgings that he was taken up?
Mitchell. I don't know.
Q. Had not you the curiosity to enquire where he was gone, or what was become of him?
Mitchell. I did not trouble my head about it.
Q. Did not you think it extraordinary, that an innocent man should be taken up for this thing? Did not you see him?
Mitchell. I did not know where; I set out, five days after, for Leicester.
Court. That will not do.
Mitchell. I can't say any more.
Court. But I have something more to say to you. You was told he was taken up?
Mitchell. Yes, I asked the people, but they could not inform me where he was gone to.
Q. What did they say?
Mitchell. They said he was taken up for shop-lifting.
Q. Did not you know at whose house?
Q. How long have you lived in London?
Mitchell. Eight years; I have lived with lord Waltham, and the biggest noblemen in the land.
Q. So you would persuade me and the jury, that you that have lived in London eight years, did not know how to find out a man that was taken up for shop-lifting? How came you not to find him out, and give your testimony in his favour, that he was innocent, as you had been with him the whole time?
Mitchell. I have nothing more to say.
Court. But you must have something more to say.
Mitchell. I thought no harm would come of it, because I knew he was innocent, so I did not give myself any further trouble.
Q. And so you suffered this innocent man to lie in gaol, and never went near him, nor gave him any assistance till a fortnight ago? How did you find out then where he was?
Mitchell. By a friend of his.
Q. Who might it be?
Mitchell. Mrs. Hart; I met her in the street; she told me; that is about a fortnight ago.
Q. In what street?
Mitchell. In Newgate-street.
Q. What did she tell you?
Mitchell. That he was in Newgate for the affair that happened when I was with him. I have no more to say.
Q. So you went to Newgate?
Q. Did you go that same day?
Mitchell. No, the next day.
Q. Do you know where Messrs. Grace and Kennedy live?
Q. Do not you where the house is he is accused of stealing the goods from?
Mitchell. I do not indeed.
Q. to Lancaster. Do you know any thing of that man?
Lancaster. I cannot positively swear to the man; I think I have seen him before.
Q. Did you ever see him with the prisoner?
Lancaster. I am not certain whether I have or not.
Q. Don't you know Mitchell?
Q. Do you know Mitchell?
Q. Did not he lodge in your house?
Hart. No, he lodged with one Hart.
Q. Do you know Mitchell?
Hart. Yes; he went out with him, when this happened, to the synagogue, I think.
Q. When did you first hear that Mitchell was along with him?
Hart. The day before yesterday.
Q. Who told you so?
Hart. The people that were here to give him a character told me so.
Q. Did not you know Mitchell before the day before yesterday?
Israel Josephs. I have known him about six months; he is a shoemaker by trade; I never saw any ill of him.
Q. to Lancaster. You said you watched the prisoner, and saw him come i and take the cloth, and then run away; had you your eye upon him?
Lancaster. He was never out of my sight till I got hold of him.
Q. Was there a great number of people?
Lancaster. No, but few; nobody pursued him but myself and the other evidence.
Q. There was no crowd of people then intercepted your view of him?
Lancaster. No; he was never more than five or six yards before me.
Q. Had there been any alarm that afternoon before this happened?
Lancaster. I had seen somebody with the prisoner that ran the other way: I do not recollect that I saw Mitchell at that time.
Q. You have heard what Mitchell has said; have you any doubt now that the prisoner is the man?
Lancaster. Not in the least.
Q. What time was it?
Lancaster. Almost dusk; the lamps were lighting.
Q. to Hall. You say you saw the prisoner come out with linen on his left arm?
Hall. Yes; somebody opened the door from the inside; he threw the linen down, and then he ran into the middle of the highway. Mr. Lancaster pursued him, and cried, Stop thief. He was never out of my sight.
Q. How far is Mr. Kennedy's above the 'Change?
Hall. About three hundred yards.
Q. What time was this?
Hall. It wanted about twenty minutes of six.
Q. to one of the Jews. What time did your Synagogue begin about the first of March?
A Jew. About five o'clock.
Q. to Mitchell. You may have an opportunity of explaining any thing you have said, or correcting it, if you have made a mistake; now what do you say?
Mitchell. I have spoke as far as my abilities will allow to the best of my knowledge.
Q. Do you now swear that there was a crowd in the street?
Mitchell. A great many people, the prisoner said he would run and see what was the matter.
Q. Before the prisoner ran at all, was there a cry of Stop thief?
Q. You and the prisoner were walking along quietly together when you heard the cry of Stop thief?
Mitchell. He was before me about ten yards; he stopped to tell me there was a cry of Stop thief.
Q. Did you hear this cry?
Q. After the prisoner had said he would go and see what it was; which way did he go?
Mitchell. Towards Leadenhall market.
Q. What side of Cornhill was you on?
Mitchell. The right-hand side.
Q. What side was he?
Mitchell. The right-hand side, both of us.
Q. In the foot way?
Q. Did he run along in the same foot-way, or did he go along the middle of the street?
Mitchell. He was gone in a moment; I could not see.
Q. What do you say about the time?
Mitchell. It was between five and six, very near six to the best of my knowledge.
Mitchell. Through Leadenhall Street.
Q. Then you must have gone by Leadenhall market?
Mitchell. Yes; the crowd was all gone when I went by there; I stopped some time where I was; I followed the crowd gently on.
Q. What became of that crowd?
Mitchell. I can't tell; I never like to interfere in a crowd.
Q. What side of Leadenhall Street did you go down?
Mitchell. The left-hand side; I crossed the way at the pastry cook's.
Q. Then you might stay long enough to see your friend come back?
Mitchell. No; I kept walking on.
Q. How long did you wait for him?
Mitchell. Two or three minutes.
Q. I suppose you expected to meet him in the crowd. You did not stay to see what happened?
Mitchell. No; I always keep from a crowd.
Court. I think you was right not to stay. Both these gentlemen saw this man come out of the shop, and he was never out of their sight; how do you account for this?
Mitchell. People might run; I cannot be accountable for that.
Q. Do you suppose they are mistaken with regard to this man, that it was not him?
Mitchell. I cannot say.
Q. You do not suppose your friend ran along after he had left you, and committed this felony, do you?
Lancaster. We brought him back in less than four minutes; if he had been there we must have met him.
Q. This synagogue began before six, I believe, at that time?
Mitchell. I do not know; he asked me if I would take a walk and see it.
Q. He said you desired to see it?
Mitchell. I asked him if he could shew it me; he said he could.
Guilty , T .
Thomas Price . I was standing in Ludgate Street , between two and three in the afternoon. On the first of March, Mr. Pain touched me on the shoulder, and said, I had lost my handkerchief. I put my hand in my left-hand pocket, and my handkerchief was gone; it was a red and white linen handkerchief.
William Pain . On the first of March, I was down at the end of Fleet Market, when the Welch gentlemen were going in possession to St. Bride's. I observed the two prisoners were attempting to pick pockets, I kept my eye upon them all the way to Ludgate, and I saw Lane put his hand into the prosecutor's left hand pocket, as he stood to see the procession; and pulled this handkerchief about half way out. The prosecutor turning round, he stood as if unconcerned, gaping about. The prosecutor was earnest in seeing the people come by, then they came close up to him, and surrounded his pocket; then Mullock took his handkerchief quite out, and was putting it into his bosom. They stood together; they immediately made off. I told the gentleman he had lost his handkerchief; he felt in his pocket, and said, he had, Mr. Kinman seeing it, seized Mullock; I saw him immediately drop the handkerchief; I picked it up; the other ran across the way between two coaches. I seized him, and we took them to the Counter. The prosecutor said, if the handkerchief was his, there was a P on one corner of it, which there was.
(Produced in Court and deposed to by the Prosecutor.)
The evidence of Pain was confirmed by Kinman.
I took it off the ground.
I never saw the handkerchief till Pain took it up.
The prisoners called three witnesses who gave them a good character.
Both Guilty , T .
285. (1st. L.) James Hancock . was indicted for stealing a silver watch, value 4 l. a cornelian seal set in gold, value 40 s. and a cornelian seal set in silver, value 10 s. the property of Thomas Price , March 1 . +
Thomas Price . I was going to St. Bride's church, after I had lost my handkerchief, between two and three o'clock; there was a great crowd just by St. Bride's chu rch. A gentleman was along with me, we could not go immediately. I was obliged to stop in the crowd; I had not been there a minute before the prisoner picked my pocket of my watch, a silver one; it had a gold and a silver cornelian seal to it. I felt my watch going out, and saw it in the prisoner's hand; he was about a yard from me then. I took hold of his collar, and said, he had got my watch; he said, No Sir, I have not got it; he dropt it, I picked it up. I did not let him go.
Q. from the prisoner. Whether in so great a crowd you might not mistake me for somebody else?
Price. No; I saw his hand moving from my body.
I am a watch finisher by trade. Coming from Shoe Lane, from the springer and liner's, I went into the cook's shop in Salisbury Court, to dinner; coming from dinner to go home, I came through a great crowd of people. When I came close to the gentleman, he said, I had his watch; I told him I had no such thing, I know nothing of it. He laid hold of me, and said, I had his watch; I said, No, I had not; he said, he would do for me. A gentleman with him, said, he should have some fun now, and wanted to duck me. I said, let me have justice done me; they dragged me up the court that leads to St. Bride's church. I said to a constable, There Sir, take me into custody and see me used well, for these gentlemen want to molest and duck me. The constable took me, he said he would take care of me. He asked me if I had any money. He said, will you have a coach, I said, Yes, I had a coach to the Counter, and paid for it. This man, when I was going into the coach, held up his fist, and said, Ah, you villain, I'll transport you.
Q. to the Prosecutor. Did you talk of ducking this man?
Price. I never mentioned a word of that sort. Some of the Bridewell boys came up and wanted to abuse him; I told him they should not abuse him by any means. I never attempted to strike him or do any thing to him.
Guilty , T .
286, 287, 288. (1st M.) Richard Butcher , John Haines , and James Pollock were indicted, the two first for breaking and entering the dwelling house of Robert Sinclair , Esq ; on the twelfth of March, about the hour of two in the night, and stealing a bank note, value 20 l. the same being due and unsatisfied, one silver waiter, value 6 l. three pair of candlesticks plated with silver, value 7 l. five silver table spoons, value 3 l. six silver tea spoons, value 20 s. one pair of pistols, mounted with silver, value 4 l. one pair of gold sleeve buttons, value 30 s. ten silver handle knives, value 3 l. ten silver handle forks, value 40 s. three silver castor tops, value 3 s. forty-two callico shirts, value 20 l. eighteen muslin neck-cloths, value 36 s. three pair of silk stockings, value 24 s. seven pair of cotton stockings, value 4 s. fourteen yards of Irish poplin, value 28 s. two pair of leather shoes, value 4 s. two pair of metal shoe buckles, and two woolen great coats, value 28 s. the property of Robert Sinclair , Esq; in his dwelling house , and the other for receiving one silver waiter, three pair of candlesticks, five silver table spoons, six silver tea spoons, one pair of pistols, mounted with silver; one pair of gold sleeve buttons, ten silver handle knives, and ten silver handle forks, three silver castor tops, eighteen muslin neckcloths, two pair of silk stockings, seven pair of cotton stockings, and fourteen yards of Irish poplin, parcel of the said goods, well knowing them to have been stolen . +
Mr. Robert Sinclair . I live in Newman-street, Oxford Road . When I went to bed upon Tuesday the twelfth of March I observed the lower part of my house was secure; I did not look at the dining room window, where I found afterwards the people came in. About five in the morning, Mr. Mason, a neighbour, alarmed me, that my house was broke open; the street door was ajar, and the sash was thrown up; I found the door open, and in the passage my sword drawn, which was over night in my parlour; and also a large weighty canister of sugar. I observed a good many things upon the parlour floor, a pair of shoes, and a hat, and a joiner's tool or instrument; in the back parlour my bureau was broke open, and a great number of papers scattered about the room; my pocket book was taken away, in which was a bank note of 20 l. that was taken away from the upper part of the bureau; IJohn Fielding 's; Isaacs said, that one Pollock in St. Giles's was the man to whom they generally carried their stolen things; we took out a warrant to search Pollock's house. Upon Tuesday morning I went to Taylor the constable, and we searched Pollock's houses; upon the right hand going in there was a search made; I found nothing belonging to me but an old India stocking; I knew it by a particular mark made with a stuff they have in that part of the world; it was marked at St. Helena by my washerwoman, in order to distinguish it; here is another stocking which has the same mark; we found this in a drawer at Pollock's, upon the right hand as you enter into the house; I am satisfied it is my stocking, and one that was taken out of my house that night; Pollock was examined a day or two after by Sir John Fielding ; he said there, he did not know how he came by this stocking; at Mr. Welch's, Butcher owned that he was in my house; when this Butcher and Haines were examined at Mr. Welch's it was at the same time Mrs. Moore's robbery was under examination; he owned he was at my house.
Q. Did you hear that Butcher had any promise of favour made to him?
Mr. Sinclair. I heard he had been closeted; and from the frank answers he gave to the questions put to him, I looked upon him to be an evidence; I was surprized when Mr. Welch told me he was not. I took up a hat in my fore parlour; Haines, at Mr. Welch's, claimed that hat as his; Butcher had mentioned, that he and the rest of them were concerned in breaking open my house. I went on the Friday after I was robbed to the Bank; I could not get the number of the note sooner; there I found the note had been paid; John Davis , King-street, Westminster, was written upon the back of it, as having received the money; Butcher, at Mr. Welch's told me he was the man that had received the note; I mentioned George Davis as the name endorsed upon the note; Butcher set me right, and said it was John Davis .
Mary Stelwood . I am servant to Mr. Sinclair; I went to bed about one o'clock; I am sure the sash was shut down, and the window shutters fastened. When we were alarmed, I came down, and found my master's sword, and the other things, in the situation he has mentioned. I am certain this is my master's stocking.
William Taylor . I am a constable. Upon the eighteenth of March, Mr. Sinclair got a warrant to search Pollock's house, in Brown's Gardens, St. Giles's; we searched it next morning. There is a little press upon the right hand, going into the kitchen; in one of the drawers, was a quantity of old stockings, among which Mr. Sinclair pulled out these; I have had them, ever since, in my custody. Pollock was not at home; I went to him next morning, when he was at home; he went with me to Sir John Fielding 's.
Mr. Sinclair told me, if I would open the affair he would get me admitted an evidence.
Q. to Mr. Sinclair. How is that?
Mr. Sinclair. I thought he was a witness.
Butcher. Upon Tuesday I was brought before Mr. Welch, as I understood, to be made a witness; then I opened Mrs. Moore's affair. Mr. Welch said, that would not do unless I would likewise tell what I knew of Mr. Sinclair's business; and then, he said, I should be sworn; and upon that promise it was that I gave the account of it.
I know nothing about this business.
I was not at home when they came to search my house; when I came back, I was told they had been there to search, and would come back again. I intended, of my ownJohn Fielding the next morning, but Taylor came before I went, and so I went with him.
For Pollock's Character.
John Smith . I live in Theobald's Row; I have known him nine or ten years; I always looked upon him to be an honest man. I have lent him money; he always paid me honestly again. He has a general good character.
Butcher, Guilty Death . Recommended .
Haines, Guilty Death .
Pollock, Guilty T. 14 .
See Butcher, Haines, and Isaacs, tried for a burglary, No. 263. for which they were capitally convicted.
All three Acquitted .
John Cowderoy . I used to keep my money in my waistcoat pocket: I had lost some; and, in order to find out who stole it, I marked some money, put it into my pocket, an d hung my coat and waistcoat over a door, near the back door, over night. The prisoner was a chair woman; she was to come next morning; I set a person to watch her. When I came down, I missed a guinea out of my purse; and the person that watched her, told me he saw her take it. I sent for a constable; she took it out of her pocket; and there was the mark on it. (Produces it: the mark was very visible.)
- Spencer. Mr. Cowderoy set me to watch the prisoner: as soon as she rung at the gate, I secreted myself; I saw her go to the prosecutor's cloaths; she took the bag out of his pocket; she opened it, and poured the money into her hand; she put a guinea into her mouth whilst she put the rest of the money into the bag, and then she put the guinea into her pocket. I gave Mr. Cowderoy information of it; he charged a constable with her, and then she pulled it out of her pocket.
The guinea dropped out of the cloaths: I kept it in order to give it to the prosecutor again.
Guilty , B .
David Law . I keep a public house in Aylesbury-street, Clerkenwell . On the 25th of February I missed a pewter plate that had a crack in it; I had used it the day before. I missed some more next day that we had dined on. I remember that the prisoner had been at my house that day soon after we had dined. I afterwards found three of my plates at Mr. Crowland's.
- Crowland. I have known the prisoner some years. He brought some plates to me to sell, and said they were his mother's; among which was this cracked plate. He came the next day very much confused, and wanted the cracked plate again, and said his mother charged him with stealing it. I bid him fetch his mother; which he did. His mother said she had sent him with all the plates. Then he said it was not his mother, but Mr. Law charged him with stealing them.
(The plates produced and deposed to by the prosecutor.)
I bought two of these plates nine or ten months ago, just before Mr. Law came into the house. That cracked plate was in the skittle-ground. I took it up with some beef. I put it into my bosom. I was in liquor. It was done in a drunken frolick.
Elizabeth Carter , James Lucas , Elizabeth Bacon , and Mary Snelling , who had known him a great many years, who all gave a good character.
Guilty, 10 d. W .
294. (1st L.) Mary, the wife of Richard, Mayfield was indicted for stealing one leather purse, value 1 d. and five guineas, and two half guineas, in money, numbered , the property of Constantine O'Neale . *
297. (1st L.) John Griffin was indicted, for receiving four pieces of Riga fir timber, value 4 l. well knowing them to have been stolen by Jacob Lyon ; the property of Messrs. John Smith and Drummond Smith . ++
The record of the conviction of Jacob Lyon, at Kingston, at the last Surry affixes, for stealing the above timer, was read in court. ++
John Lyon . My brother and I were timber towers, employed chiefly by Messrs. Eels and Bond, and have been so, apprentice and servant to them, for above eighteen years last past. Griffin is a render of laths , and lives in Old-street; we have had frequent dealings together: we are very well acquainted, and Griffin knew my business and occupation; he has frequently brought timber of us, particularly some time about New-year's day. The prisoner had mentioned that he wanted a float of Riga timber, and of memble. When the prisoner wanted timber, he spoke to us, and we used to bring the timber down to the Three Cranes, there it was delivered into the care of the wharfinger's man, and so it was conveyed to the prisoner: we delivered it at the Three Cranes, and settled accounts afterwards with him; and the constant rule was, we were paid twenty shillings a load for all timber brought in that manner. We did, upon New-year's day, about four in the morning, take out of Mr. Smith's dock, at Batterses, these four pieces of Riga timber: we got five pieces at another place, we dropped them all down at the Three Cranes, and delivered them to Brackstone; to the order, and for the use of Griffin. We had no opportunity of settling the account with Griffin, because we were taken up before we could do it. This timber was to be served upon the same terms as the rest of the timber was. These were delivered with the marks; Griffin has seen us, many times, raze them out. We used to meet at the house of one Birt, at Chelsea Reach, and from there we used to go out and survey the timber; we afterwards met the prisoner at the Wilkes's Head, in Houndsditch; there half the money was advanced; not the whole of it: there was no regular settlement of the account.
- Brackstone. I am servant to the wharfinger at the Three Cranes; I know Lyon and Griffin. Lyon has several times brought timber down for Griffin, particularly upon the seventh or eighth of February; I think, Riga timber. Griffin used to employ a name-sake, one Griffin, who used to carry his timber for him, and generally had his orders, against the timber came down: so I went not to Griffin, the prisoner, but to his carman, Griffin, and told him some timber was come for Griffin; the carman came, and carried it away.
- Griffin. I am a carman; I do business for the prisoner. There was, upon the seventh or eighth of February, nine sticks of Riga timber; I do not know the precise quantity, but I know the number of feet: I delivered it at Mr. Rudduck's yard, in Skinner-street, by order of Griffin; the prisoner had been with him the day before, and told him there would be this quantity of timber come down, that or the next day.
Richard Rudduck . I am a carpenter; I applied to the prisoner in consequence of a conversation I had with Mr. Pricklow, which led me to suspect the prisoner was concerned in some illicit traffick; I went to him and talked about some laths. I went to a publick house with him, and then told him I heard he had some timber to sell; he said, Right, he had some timber to sell; he asked who told me; I mentioned the party. I said I wanted sixty or seventy loads; he said he could not serve me with so much; then I said it would not signify. He asked me what time I should
Mr. Rudduck, Feb. 6, 1771,
Dr. to John Griffin
To nine pieces of Riga timber, quantity four hundred and ninety one feet, at two pound five shillings per load. 22:1:9. Received the contents in full of all demands.
I put him off about the money, as it was not a real transaction; I meant only to detect the thief; the timber was afterwards owned to be the property of Messrs. Smiths.
- Mazenby. I am clerk to Messrs. Smiths; I saw this timber; it has their mark upon it; this sort of timber is worth in the river forty-eight shillings a load.
William Birt . I live at the Red House at Battersea, close by the side of the river, opposite Chelsea Reach; my house is about a quarter of a mile from Smith's timber dock; I have seen the prisoner and the two Lyons together at my house often; they used to come in and go out upon the walks. I saw them about a month before Lyon was taken up.
I did assist the Lyons in the selling this timber to Mr. Rudduck. I did not act for myself; the Lyons had told me that they had a parcel of timber to sell for a friend of theirs that was insolvent; therefore upon Mr. Rudduck's pressing me to know if I would direct him to any body from whom he might buy timber, I did tell Lyon that Mr. Rudduck would buy his timber; and as soon as Lyon had sent it to the Three Cranes I sent Rudduck word of it; it is not truth what Rudduck says, that I agreed for forty-five shillings, nor sent the bill of parcels.
He called a number of witnesses who gave him a good character.
Guilty , T. 14 .
Thomas Smith , and Mary Thompson , spinster , were indicted for stealing one turn-up bedstead, value 4 s. the property of William Thompson , April 1 . *
William Thompson . I live in Ratcliffe-highway . On the first of April, about six in the evening, an opposite neighbour, Mr. Norgrave, told me something was stolen; I followed the prisoner, Smith; down Pennington-street, there I overtook him with the bedstead, already tied up as the men brought it home. I cried, Stop thief; he asked me how I had the impudence to take hold of him with the bedstead. I said it was my property. He made a great noise, at first; at last, he took the bedstead back, and put it in the same place it was before. He said, before the justice, that he bought it of my wife, and that he left a woman to pay for it. I am certain it was my bedstead.
Thomas Norgrave . Just at six o'clock in the evening, I was in my own house; I saw the prisoner take a bedstead from the prosecutor's door; he fell backwards with it against the house; the corner of the house kept him up. He stood for two or three minutes; the woman gave him a sign when she thought it safe to take it; he staid two or three minutes before he took it, then the woman assisted him; he ran down Nightingale-lane with it. I went over, and told the prosecutor; he pursued him: I went after him. The prisoner said, when the prosecutor stopped him, that it was his own property, and he would swear a robbery against him. We persuaded him to bring it back: he said he left the woman to pay for it. He said, before the justice, that he paid the prosecutor's wife for it: first he said one thing, then another.
Jennet Thompson. I am wife to the prosecutor. I saw the prisoner about the door: I never sold him any, nor took earnest for any.
I was in a publick house with my wife: I sat down half an hour: a man came in, and wanted a porter; I agreed to carry the bedstead for him; I bid my wife stay. The man put it on my shoulder; I went down after him; I could not overtake him: the people cried out, Stop thief; my wife came out. When they found she was my wife, they took her to the justice. Thompson is her maiden name; she is my wife. Lord have mercy upon my soul, what a hard case it is!
I came up, when the crowd was about, and asked what was the matter. I know nothing about it.
For the Prisoner.
Smith, Guilty T .
Thompson Acquitted .
300, 301. (1st M.) John Mills and Peter Bird were indicted, the first for stealing two deal boards, value 3 s. the property of John Foxhall ; and the other for receiving them, well knowing them to have been stolen ; March 6 . *
Both Acquitted .
302. (1st M.) Thomas Brown was indicted for ripping, cutting, and stealing, sixty pounds of lead, value 5 s. the said lead being fixed to an empty house , the property of William Scott , Esq ; March 17 . +
- Simmonds deposed that the watchman informed him that there was a man stealing the lead off Mr. Scott's house; that there was some lead thrown down into the street, in Grosvenor Place ; that the watchman and he saw the prisoner come out of the area, and they accused him; that then they examined the lead, and found it match the place the lead was cut off from.
The prisoner, in his defence, said he had been at work for one Hodges; had got drunk; and went to sleep in the house, about four o'clock in the afternoon, and knew nothing of the lead.
He called no witnesses to his character.
Guilty , T .
George Carr , March 26 . ++
Thomas George . I am servant to Mr. Carr. On the twenty-sixth of March, about twelve o'clock, the prisoner came to my master's shop, and bid them send a loin of pork to Mr. Jones; I knew he had lived servant with Mr. Jones; I thought he was so then: the prisoner went away. I gave it to Nibley, a basket-woman, to carry to Mr. Jones's.
Mary Nibley . As I was going to Mr. Jones's, the prisoner came up to me, in a great hurry, and complained of my going too slow, and said his master wanted it directly; he snatched it out of my basket, and ran away with it.
It was necessity drove me to it.
Guilty 10 d. W .
307. (1st L.) Richard Thornton was indicted for stealing a silk hat, value 5 s. and a silk cloak, 10 s. the property of Dorothy Noblet , widow ; and one woolen cloth great coat, the property of William Lawrence ; March 28 . +
The prosecutor was called, but did not appear; his recognizance was ordered to be estreated.
306. (1st M.) Jane Smith was indicted for stealing one callico robe, value 4 d. one cotton ditto. one child's blanket, value 3 d. two linen handkerchiefs, value 1 s. one silk handkerchief, value 6 d. and one camblet gown, value 3 s. the property of John Hagston , December 6 . *
Mary Hagston . I live at Wapping . On the sixth of December, about four or five o'clock in the afternoon, I went out; I returned again about eleven, and then missed, among other things, this camblet gown, which I left upon the bed; the linen I lost, was in a box under the bed. On the ninth of March, I saw my camblet gown hanging up in Mr. Townshend's shop. I never found any of the other things.
The camblet gown produced, and deposed to by the Prosecutrix.
Charles Townshend deposed, that he took the gown in to pawn of the prisoner.
I bought this gown in Rosemary-lane, and pawned it the same day I bought it.
Guilty , T .
307. (1st M.) Thomas Smalman was indicted, for stealing two yards of scarlet cloth, value 5 s. three yards of white cloth, value 6 s. and four yards of dimity, value 2 s. the property of John Levich and Francis Constar , April 9 . ++
Francis Constar . Mr. Levich and I are taylors , and live in Norfolk-street, in the Strand . The prisoner was a porter , and had lived with us a considerable time; at length we had a suspicion that he was not honest: I got a search warrant, and searched his lodgings, in Holywell-street. In a box of his, which was not locked, we found the things mentioned in the indictment. It was a thin cloth; it seemed to be part of a parcel of cloth which belonged to Captain Webb, who was going to the East-Indies, and wanted it thin for that hot climate. The prisoner was so struck, that, without any solicitation or promise, he fell down on his knees, begged pardon, and acknowledged that he had stolen these goods from us.
- Noakes. I am a constable. I searched the prisoner's lodgings, and found the goods in his box. The prisoner, first, said he bought them in White-horse-Yard; afterwards, I heard him say something about being merciful. I did not hear his confession.
My master was very kind and good to me; what he has said of my confession, is not true. I bought the cloth at a piece-broker's; I left it in an open box, which I should not have done if it had been stolen from my master.
Guilty , T .
308. (1st M.) John Natt was indicted for stealing twelve silver waistcoat buttons, value 10 s. one pair of silver shoe buckles, value 10 s. one pair of silver sleeve buttons, value 1 s. and one pair of silver phlemes, value 10 s. the property of James Watson , Feb. 20 . ++
James Watson . I am a servant in the stables at Lord Kildare's. The prisoner was a servant out of place. We put him to assist in the stables; he had access to my room; the things were kept by me in a chamber where I lay. About seven weeks ago I missed them out of my box: I had seen them about five or six days before. I suspected the prisoner; he was gone away two or three days before I missed them to another stable. I went in search of him, and found him at a stable in Bond street. We found all the things mentioned in the indictment upon him, except the shoe buckles. I saw him throw the shoe buckles under the manger.
John Creek. I am a constable; I was with the prosecutor when he found the things upon the prisoner. Before we searched him he denied having the things.
I found these things in the stable. I put them in my pocket and forgot to take them out again.
Guilty , T .
William Blunder . I am servant to Mr. Bromwich, a soap boiler in Wapping. Last Tuesday was fortnight, between two and three in the evening I went to the Crown alehouse in White's yard, Nightingale lane. I did not know the way, so I inquired. One Robinson came up to me, and said he would shew me; he carried me to the prisoner's, Hancock's, house. I said that was not the place. She said it was her lodging. She took hold of me, and wanted me to send for something to drink. She began to feel about my pockets; I had half a guinea loose in my waistcoat pocket; I put my hand into my pocket to save the half guinea. I took it out in my hand; I don't know whether she saw me take it out or no, but she got it out of my hand. I struggled with her; she handed it to Mary Wilson , as I suppose; because she said, Here Polly, take it. Mary Wilson reached her hand out to Robinson to take it; I searched her, she had no money. Then Hancock took up a poker, and said she would knock my brains out if I did not quit the house. I went away for fear of my life. I took them up next day. Hancock was very abusive: she said she would swear before the justice that I gave her the half guinea for to bugger her; they were carried before the justice, and were committed.
(Creek, the watchman, deposed that he went with the prosecutor to take them up, and said they were very abusive.)
I had not seen the prosecutor that night. I was surprised to find him and a constable come in at that time of night. I told the constable I knew nothing of this man nor his charge. He took out word to be forth coming next day.
Both Guilty , T .
Sarah Peters , widow , March 27 . ++
Q. Was your door open or lock'd?
Peters. It never was lock'd?
Henry Wright . I saw the prisoner come out at the door. I thought he had been doing something not right. I went to him, and said, where is the watch. He said, he had none. I searched him, and found it in the inside of his breeches. (the watch produced, and deposed to by the prosecutrix.)
I came down stairs. I saw the watch lying upon the stairs, and I took it up. I am thirteen years old. (He called John Howard , who had known him two years; Richard Prinnum , four years; Elizabeth White , five years; who said he here a good character two or three years ago, but knew nothing of him, lately.)
Guilty , T .
313. (1st M.) Patrick Kenny and Charles Trinquant were indicted, the first for stealing one hundred pound weight of lead, value 15 s. the property of Abraham Ealing ; and the other for receiving sixty pounds of the said lead, well knowing it to have been stolen , March 27 . +
Kenny Guilty , T .
Trinquant, Acquitted .
314. (1st. L.) ELizabeth Mare , was indicted for wilful and corrupt perjury in, affidavit sworn before William Marshall , signer or the bills in Middlesex, in order eight pounds; to be indosed in Middlesex, to James for money he had received for her. The contrary of which affidavit is asserted to be the truth . ++
315. (1st. L.) John Commings was indicted for wilful and corrupt perjury, on Dec. 1st , at the last Admiralty sessions, at the Old Bailey ; in his evidence upon the trial of captain Richard Broad , for the murder of Thomas Scott .
Joseph Gurney . I attended at the last Admiralty sessions, and took down, in short hand, the trial of captain Richard Broad . The prisoner at the bar was principal witness against the captain, who was then tried for the murder of Thomas Scott . The prisoner deposed that he was a formast-man, on board the King David, that captain Broad was then first mate, and Scott fourth mate. That he saw captain Broad knock Scott down twice with a blunderbuss, near the windlass; that then he struck the cock in his breast twice; that he then punched him three or four times with the butt end, into his belly; and then turned the mussel of the gun, and struck him in the belly; that Scott died in less than 24 or 28 hours. That he had no assistance, but lay where he fell; and that Wheeler and Osgood were there and saw him. That he really believed the blows were mortal at the time they were given; and that every one that was there thought so too. That he asked captain Broad to let the surgeon bleed him, he said d - n you, you bouger, if you be not quiet I will serve you in the same manner. Upon his cross examination, he said, it was between four and five in the afternoon; that it wasBroad was the cause of his death: that he did not tell the Surgeon when he saw that blow upon his breast, because the prisoner would not allow the Medicines to be of any use: he said, that at the end of the forty eight hours Scott died, and he sewed him up in a bit of canvas, and threw him over board five days before they got to Jamaica: that when he came to Jamaica he told Admiral Parry of it; that he was on board the man of war four days before they failed: that he went on board the man of war on the twenty-second, and on the twenty-sixth they failed; that he told this to Admiral Parry the day he went on board; that the Admiral told him he would take care of him in London; that when he was sent for he came up here; that the Admiral had not time Parry about this matter; that he went to Portsmouth, and there the ship was laid up, and he was paid off. He was then asked whether he did ever say till this hour that he ever told this story to admiral Parry. His answer was he repeated it twenty times on board the ship to admiral Parry, and his Lady and Daughter. He said he did not acquaint Captain Broad of the murder; that the admiral challenged him with the story about the murder twenty times in their passage home, and that he acquainted the admiral with it when he entered. He says, that he did not say that after he left the harbour he never said a word about it; that he was discharged at Portsmouth in September; and got to Bristol the latter end of September: and then went to his brother and sister Commings. He said he did not know Scott's brother at Jamaica; he was not acquainted with him; he was on board a man of war and could not go on shore to tell his brother what was become of him He said he did not tell the admiral that this man had a brother at Port royal; Scott, he said, told him many a time he had a brother there, but he made no enquiry about it: he said from seeing his relations at Bristol, he went the next day to Mr. Miller's, one of the owners; that Mr Miller asked him if ever Capt. Broad used him ill; he said, he never lifted up his finger against him in his life. Mr. Miller asked him whether Captain Broad had used the sellers ill; he said, he would not let Mr. Miller know any thing of it, if he had let him into the light of every thing, Captain Broad would never have been in London. The Captain Broad had been in gentleman at knew himself not guilty, he would not he come home in private. For he said he stole he river in the night; that he did not that he had to say of Captain Broad at that time to Mr. Miller; because he thought would put him out of the way; tho' he is never saw any harm of Mr. Miller He said he never mentioned any thing to Mr. Miller of Captain Broad 's using the men ill; and then afterwards said that all he had said was false. He said he was of opinion that never a one of the twenty-seven men that died on board the ship died a natural death. He was asked if the Captain sunk the ship; he said as to the Captain sinking the ship he did not know any thing about it, that was best known to himself; he did not belong to her then; for had left him before the ship was lost; that a great many slaves were lost all of them through the bad usage of Captain Broad ; for between him and his mates they lost two hundred and seventy-seven blacks; that he had seen him in the morning, before ever he got his breakfast and dinner, kill eight or nine slaves; that he beat them to death: that it was nothing for him to kill eight or nine men before breakfast. He said he killed them as fast as he could. [The Council for the crown gave up the cause and Commings was committed to Newgate by the Court for Perjury.
Q. At the time Scott died?
Osgood. Yes; Captain Patty went out master about the 12th of February; and Broad, chief mate; I went out gunner.
Osgood. He was fourth mate of the vessel.
Q. What was Commings.
Osgood. He was before the mast.
Q. What did Scott die of?
Osgood. A fever, and ulcers in his legs.
Q. You was on board the ship the thirteenth of July 1769?
Q. And you heard Commings gave evidence here in December, he says you was by and saw it. Did you see Broad knock down Thomas Scott with a blunderbuss?
Osgood. I never saw any such thing.
Q. Did you ever hear on board the vessel that he had been knocked down with a blunderbuss?
Q. Nor never saw him knock him down with a blunderbuss?
Q. Nor never saw him strike him with a blunderbuss?
Q. Did you ever see him punch him with a blunderbuss in the belly or any other part, or strike him with the muzzle in his belly?
Q. Was you on board when Scott died?
Q. Or did you ever hear it from any other of the crew?
Q. What did he die of?
Osgood With a fever, and ulcers in his legs; they were occasioned by the disorder of the country: we all had it.
Q. Had you any conversation with Scott?
Osgood. Yes, every day, he lay sick upon the deck. We had no place to put him in under deck; he lay upon the deck where we all laid.
Q. You never heard Scott complain of any ill treatment from Broad?
Osgood. No, never.
Q. Was you with him at his death?
Q. How long before Scotts death had you any conversation with him?
Osgood. It might be four or five hours.
Q. Whereabouts was it that Scott died; where was the ship at that time?
Osgood. Within forty or fifty, or sixty leagues before we made Jamaica.
Q. Do you know whether there was any application made by the defendant to Broad, to let the Surgeon bleed Scott?
Osgood. I know of none.
Q. Where did the vessel go to afterwards?
Q. When did Commings leave the ship?
Osgood. I believe about the eighteenth of July.
Q. Where was the vessel at that time.
Osgood. In Kingston Harbour.
Q. Did you see any thing of Commings after he left the ship.
Q. Do you know where he went?
Osgood. I heard on board a man of war; I was on shore at that time.
Q. This man swears he saw Captain Broad knock Scott down with a blunderbuss, punch'd him with the butt end in his breast after he was down, struck the cock in his breast, and punched the muzzle in his belly; and he died, first he said, in less than twenty-four hours; afterwards, in less than forty-eight hours; and that you was there and saw it; now the question is, is that true or false?
Osgood. False; I am certain of it.
Q. The prisoner gave an account on the last trial of Broad's knocking him down with a blunderbuss; do you know any thing of such a blow being given by Broad?
Q. Do you know what Scott died of?
Osgood. I imagine a fever; I was upon the deck generally.
Q. For the last three days before Scott died, was you upon the deck?
Q. Do you know of his being struck and punched with a blunderbuss by Broad?
Osgood. No, I may venture to say there was never one made use of in the whole voyage in that manner.
Q. You was second mate?
Osgood. Yes; I had a peculiar care of the arms and arm chest.
Q. Did you hold any conversation with Scott for two days before he died?
Osgood. I saw him frequently.
Q. Did he ever complain of the ill usage of Broad?
Q. Do you remember Commings's coming back to the ship at any time?
Osgood. Yes; he came back in the King's long boat.
Q. Was there any relation made then of this murder?
Osgood. I heard none.
Q. And you was on board when he came back?
Osgood. Yes; it was the King's long boat he came back in; neither he nor any other person complained of this murder.
Q. Can you say whether or not Scott died a natural death with a fever, or was killed by any blows from Broad or any other person?
Osgood. I believe he died a natural death; and as for a blunderbuss I am certain it was never made use of in such a manner in the ship.
Q. Was any violence made use of to Scott?
Osgood. I never knew or heard of any.
Q. Do you remember she defendant's coming on board your ship at Jamaica?
A. I do not; because, being commanding officer, I am seldom on board.
Q. Do you remember seeing him on board?
A. I do not recollect him; from the multiplicity of seamen under my command, I cannot recollect him.
Q. Do you know of any man's telling you of the murder of Scott at Jamaica by Capt. Broad?
A. If such a complaint had been made to me I should have put him into custody there, and had him tried by a high court of Admiralty there; he never spoke a word to me.
Q. You can be very certain that this man never mentioned it to you?
A. I do not know the man; I am certain I never heard it from any man.
Q. He says he repeated it to you coming home.
A. I never heard of it.
Mr. Miller. I was a principal owner of the King David; I know the prisoner at the bar.
Q. Do you remember his coming to Bristol after having been upon the coast of Calabar?
Mr. Miller. On the latter end of September I was in my counting house; the prisoner at the bar, together with another sailor, waited upon me to demand their wages for their service on board the King David; at that time the ship was hourly expected; it turned out afterwards she waited for a freight, I asked if the ship was come in; he said, No, he came home on board the Preston man of war. I said, Have you deserted the ship? I turned to Captain Broad 's letter, and found that he was put down in that letter as entered on board a man of war. I said, You are a pretty fellow to leave the ship at such a time, after so great a mortality, and put us to straits to navigate the ship; for we buried, I think, upon the coast of Calabar and to Jamaica seven or nine and twenty white men of the crew. The original crew was about forty, and about two hundred and seventy-seven negroes. Commings said, they left the ship for bad usage; that there was no such thing as living with Capt. Broad, and also from his predecessor Capt. Patty. I said, As to Capt. Patty he might be a little severe; he was remarkably rough in his disposition, but as to Broad, I have known him many years, and looked upon him to be a different sort of a man, however when he comes home he must answer for himself: and as to your wages, it is impossible to settle with you, till I see how you stand on the ship's books. They went away; in two or three days the prisoner and the other man returned again and brought their landlord. They repeated the same demand; I gave them much the same answer, and said it was impossible for me to settle with them till I knew how they upon the ship's books, I was apprehensive they had forfeited their wages, for agreeable to that made, if a sailor does exceed forty-eight hours after a sorting from the other ships before he eaters on board a man of war, he forfeits his wages; they said, they had not forfeited it; they said I would not pay that wages they should. I would accept their power of attorney I said, I would not put them to the and expence; if they would would pay them when the ship returned which they were very thankfull. in particular, said, God bless your honour they took their leaves; I called Commings in, in order to enquire the occasion of our misfortunes by the mortality in the ship; he told me the reason of it was, they had been a long voyage about twelve months upon the coast; that they had contracted disorders, and likewise for want of the doctor, that that brought on distempers. I said, I was very sorry to hear Captain Broad behaved in that manner; I looked upon him as a different person. Sir, says the prisoner, if I may speak the truth, I never was ill used by captain Broad in my life, nor never saw any thing by him, but what was humane. I asked him, if he was not a d - d rascal, that the last time he was with me, he gave me for the reason of his quitting the ship. The ill usage of captain Broad, he said, Sir, what I said was false; we must say something to make our story good.
What I swore in my first examination, I told the truth is true; and the second time of my examination some of captain Broad's
Guilty , I . and T .
Matthew and Patrick Kennedy who were convicted in February Sessions, 1770, for the murder of John Bigbey , were set to the bar, and received his Majesty's pardon on the following conditions: Matthew to be transported for life, Patrick for fourteen years.
The Trials being ended, the court proceeded to give judgement as follows:
Received sentence of death, five.
Tansportation for 14 years, two.
Transportation for seven years, thirty-four.
George Carey , Thomas Crow , Granby Thomas Wells , Patrick Kenny , Samuel Hardy , Richard Swanscombe , Mary Mannon , William Day , John Dolman , Thomas Knowles , Thomas Boyce , Mary Boston , Harriot Bateman, James Smith , Thomas Smith , Thomas Brown , John Natt , Susanna Hancock , Mary Wilson , James Coward , George Dawson , Mary Jones . David Jones , John Griffiths , Mary M'Feast, Solomon Levi , Sarah Farrand , Solomon Alexander , William Mullock , Thomas Lane, James Hancock , William Newland , James Dousey , John Mitchell .
Matthew and Patrick Kennedy who were convicted in February Sessions, 1770, for the murder of John Bigbey , were set to the bar, and received his Majesty's pardon on the following conditions: Matthew to be transported for life, Patrick for fourteen years.