NUMBER VIII. PART I.
Sold by S. BLADON, at No. 28, in Pater-noster-Row.
[ PRICE SIX-PENCE.]
King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.
BEFORE the Right Honourable WILLIAM NASH , Esquire, Lord Mayor of the City of London; Sir RICHARD ADAMS , Knt. one of the Barons of his Majesty's Court of Exchequer *; Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas +; JAMES EYRE , Esq. Recorder ++; JOHN HYDE , Esq; || and other 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 Country of Middlesex.
The *, +, ++, and ||, refer to the Judges before whom the Prisoners were tried.
(M.) First Middlesex Jury.
(2d. M) Second Middlesex Jury.
2d Middlesex Jury.
SEAMAN HICKMAN was indicted for stealing a pair of men's leather pumps, value 6 s. the property of Charles Randal , privately in his shop , Oct. 6th . +
Second Count for stealing a pair of leather shoes, value 6 s. privately in his shop, Oct. 12 .
Third Count for stealing another pair of men's leather shoes, value 6 s. privately in his shop.
Charles Randal . I am a shoe-maker , and live in St. Clement's Church Yard . On Tuesday the 6th Instant, I was going to carry home a pair of pumps to a gentleman, and in the afternoon I missed them; I had seen them in the morning; on the Saturday following, when I went down into my shop, about seven in the morning, my servant informed me another pair of shoes were stolen; they were all bespoke shoes, and had names in them; I supposed they were taken while my servant was sweeping the shop; accordingly on the Monday morning following I went down with him, and while he swept the shop I went on the stairs to watch; I saw the prisoner come into the shop, and take a pair of shoes from the window, and put them under his great coat; he turned and went out of the shop; I followed him and took him about 25 yards from my shop, with these shoes on him. I took him before the Justice; he confessed taking the pumps on the Saturday and the shoes on Monday.
Q. Are the shoes worth 5 s?
Randal. I would not swear to a nicety.
Prisoner. I acknowledge what the prosecutor says is true. I leave myself to the mercy of the court.
Guilty 4 s. 6 d. T .
695, 696, 697. (M.) MARTHA SMITH, otherwise HILL , MARY HUSSEY, otherwise M'EVOY , and MARY THOMPSON, otherwise MURDOCK , were indicted for stealing a silver watch, value 24 s. the property of Richard Notingham , Sept. 11 . +
All acquitted .
698. (M) MARY MILLER , spinster, was indicted for stealing a pair of gold ear-rings, value 3 s. two gold rings set with paste, value 6 s. a silver dollar, value 4 s. 6 d. a crown, four half crowns, and two shillings in money, numbered , the property of John Kelly , Oct. 12 . *
699, 700. (M) ANN CHAPMAN , spinster, and ELIZABETH DIXON , spinster, were indicted for stealing a printed book, entitled, a collection of ridiculous stories and jests, value 1 d. and seven guineas and a half guinea in money , the property of Elizabeth Overs , spinster, Oct. 10 . *
Both acquitted .
701. (M.) MARY SHELDON , spinster, was indicted for stealing a silk and stuff gown, value 15 s. a sattin cloak laced with silk lace, value 3 s. and a silk hat, value 10 s. the property of Lucy Draper , spinster, Sept. 15 . +
Lucy Draper . I live in Bridges-street, Covent Garden . The prisoner came to live with me on Monday the 15th of September, as a servant ; the next day she went away; I missed the things mentioned in the indictment (repeating them;) I went that day in search of her; I found her in a house in some street in Soho; she had my hat pinned under her petticoats; I saw it taken from her. We took her to Sir John Fielding 's, and there a pawnbroker's ticket for my gown and cloak was found upon her; the pawnbroker was sent for, and he brought the things.
John Briggs . I am a pawnbroker, and live in St. Martin's-lane; the prisoner brought this gown and cloak to me on the 15th of September, about nine in the morning; she said it belonged to Miss Draper, who lodged at the White Swan in Long Acre; she did not produce the hat; she said her own name was Mary Davis . (The gown and cloak deposed to by the prosecutrix.)
Q. to Prosecutrix. Did you live in Bridges-street at the time you lost the things?
Briggs. Yes; I don't know the White Swan.
When I went to light Miss Cooper and a man to bed, she bid-me pawn the gown and cloak next morning for a guinea, and she bid me tell the pawnbroker that she lived at the White Swan in Long Acre; she gave me leave to call upon my washer-woman in Soho, and there she came and took me; she is a common prostitute; there were ten men came after her that day, and there was a disturbance; when I saw what a place it was, I gave her warning, and she does it out of spite.
Draper. No; when I went to the Justice's there was a man there told me where to find her.
Q. to Briggs. Did you ever hear of Draper's name before?
Guilty . T .
702. (M.) MARGARET JACOBS , spinster, was indicted for stealing two pair of silk stockings, value 10 s. three pair of thread stockings, value 3 s. five dozen of gold thread buttons, value 20 s. a linen handkerchief, value 10 d. and a linen stock, value 1 s. the property of Lewis Mosai , Sept. 21 . *
704. (L.) SAMUEL ROWLEY was indicted for stealing a cloth coat, value 20 s. a nankeen waistcoat, value 1 s. a linen stock, value 6 d. a silver stock buckle, value 5 s. and a pair of cotton stockings, value 4 s. the property of John Wrench , Sept. 12 . +
706, 707. (M.) MATTHEW DRAKE and JOHN GROVES were indicted for that they on the king's highway, on Hugh Read , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person two shillings and a five and three-pence in money, numbered, the property of the said Hugh , Sept. 25 . +
Both acquitted .
708. (M.) WILLIAM ROGERS was indicted for breaking and entering the dwelling house of Philip Chandler , on the 10th of October , about the hour of twelve in the night, and stealing a pair of silver salts, value 20 s. a silver pepper castor, value 15 s. a silver cream pot, value 20 s. two silver table spoons, value 20 s. three silver tea spoons, value 6 s. six muslin neckcloths, value 10 s. a French crown piece, value 4 s. 6 d. and 5 s. in money, numbered, the property of the said Philip in his dwelling house . +
Philip Chandler . I live in Great St. Andrew's street ; I have the bottom part of a house there, that is the shop and parlour; the other part of the house is inhabited by different tenants; the house belongs to Mr. Carter, he has only a cellar which he has of me; he deducts me 10 s. a year for it. I came home on Sunday morning the 11th of this month, about half after twelve o'clock; I found my house broke open; the staple of the street door was wrenched off; I went into the parlour and found my drawers broke open; the sash was up, one shutter was open the other was shut; I went into the shop, the staple of the shop was drawn, and I lost the things mentioned in the indictment (repeating them.)
Q. How long have you had this apartment?
Chandler. About three years.
Q. What rent do you pay?
Chandler. Twelve pounds ten shillings a year, and Mr. Carter gives me ten shillings for the cellar.
Thomas Chandler . I went home with the prosecutor that night; his drawers in his parlour appeared to be broke open; the staple of the shop door which was in the inside was drawn out; one window in the parlour was shoved up, and one shutter was open.
Ann Hart . The prisoner lodged with me. Last Saturday se'ennight at night, he asked me to change a piece of foreign silver money for him; I offered him 4 s. 6 d. for it; he did not chuse to let me have it for that, so he had it again in a few minutes. I have seen the piece since at Justice Welch's.
Q. What did he say it was?
Hart. He did not call it by any name; when I said it was a foreign piece, he said, yes. (The French crown produced.)
Jane Thorn . I keep a public house in West-Harding-street, Fetter-lane. Three women and two men came into my house the Sunday after the robbery, and called for a pot of purl. I took this piece of silver from the table; they said if I could not change it I must go without the money. I gave them change for it.
Q. Was the prisoner among the five?
Thorn I can't be clear.
- Roman. I was constable of the night; Chandler came to me and said his house was broke open; I went with him and saw the house in the condition he has mentioned; on Sunday I met with one Pool, at the George, opposite Chandler's; I took him up on suspicion; he said he could tell where some of the effects were carried to; he took me to Mrs. Hart's; we found the place fastened up, and the lodgings had been robbed.
Charles Poole . After I left work that Saturday night, I went to the Dolphin, in Newport Market; it was between six and seven o'clock; I staid there till between eleven and twelve; coming back I saw Ann Flanagan; she told me Rogers was in Chandler's apartment; she over persuaded me and I went in; I saw Rogers there; Flanagan had a bundle in her hand; I went home with her to their lodgings at Mrs. Hart's; I saw a pair of salts, three table spoons, a pepper castor, the tea spoons and a crown piece.
Q. Do you know that piece?
Poole. I can't swear to the piece, it was like this; it was in Betty Main's hand, she was in the house too.
Q. Was you at Thorn's?
Poole. Yes; I drank part of two pots there.
Q. Who was there?
Poole. No, I staid below, and then we all went to Thorn's. (The piece shewn the prosecutor.)
Prosecutor. I am sure it is my piece; I marked it in two different places about six months ago.
This man was seen in the house before several people; he will swear any thing to save himself; my brother died about nine months ago, and left me some crowns and some dollars; this dollar is the only one I had left.
For the Prisoner.
John Kennedy . I am a livery lace weaver; I took the prisoner apprentice about eleven years ago; he left me about four years ago; I recommended him to a gentleman in Long Acre; he behaved like an honest lad when with me, and I never heard any harm of him.
Guilty . Death .
David Morris . On Monday. the 2d of this month, about eleven o'clock, as I was going towards Moorgate, this young man (Hutchinson) touched me, and said, that man has picked your pocket (pointing to the prisoner;) the prisoner went a cross the way, and I followed him, and saw him drop the handkerchief; I took it up. I had felt in my pocket and missed it. (The handkerchief produced and deposed to.)
The gentleman saw his handkerchief on the ground; he turned round, and said I took it out of his pocket; I never saw it.
Guilty . T .
- Shagg. I live at Mr. Nicoll's, in St. Paul's Church Yard; I heard the cry of, stop thief! I went out and saw Mr. Watson stop the prisoner; we took him back to the shop; Watson said this is the pocket he put the money in, and immediately took four guineas out of his waistcoat pocket; the prisoner said he did not know how they came into his pocket, and if they were the prosecutor's, he was welcome to them.
I did not say so; the money was my own; my wife went out of the shop, and I was running to overtake her when they stopt me.
He called four witnesses who gave him a good character.
Guilty . T .
709, 710. (L.) ISAAC ASHER and LAZARUS BOCHERO were indicted for stealing thirty pieces of printed cotton cloth, containing 840 yards, value 84 l. 20 pieces of printed linen cloth, containing 446 yards, value 77 l. and 96 cotton handkerchiefs, value 8 l. the property of John Brown , Edward Weston Phillips , and William Buswell , privately in their warehouse , Aug. 24 . ++
Mr. John Brown . I am in partnership with Mr. Phillips and Mr. Buswell; we are linen draper s; our house is in Corbet-court, our warehouse in Corbet-alley, Gracechurch-street . The warehouse was robbed between the 22d and 24th of August. I was out of town at the time.
Robert Tippler . I am servant to Mess. Brown, Phillips and Buswell. I was informed some pieces were stole out of the warehouse; I went to the warehouse, and I found the latch tied up, and the lock was upon the spring; I found it had been picked. I missed about fifty pieces of linen and cottons, and eight dozen of handkerchiefs. We found out seven yards of printed cottons about a fortnight after, of the same patterns that we lost, at one Abrahams, and 12 yards were stopt by a pawnbroker.
Barak Fleming. I am a pawnbroker; these three remnants (producing them) were offered to me to pledge, by one Sarah Long ; upon my asking her some questions, she said she bought them for 2 s. a yard, at a shop in Hounsditch.
Tippler. One of these remnants has our mark upon it; the number is altered, it was originally 5308; there are two ones put before it, but it is with a different ink and is very visible.
Mr. Brown. This is our mark: we mark the pieces progressively, and this is the number of one of the pieces lost, the two other pieces are of the same pattern, but there is no mark to them.
Sarah Long . These three remnants my shop-mate and I bought of Mrs. Abrahams; we were to have paid for them, being disappointed of the money, we were obliged to pawn them, in order to raise the money to pay her.
Eve Abrahams . I sold three remnants of cotton to Sarah Long ; they were part of eight pieces of cotton which I had of Moses Levi , about seven or eight weeks ago; and which I sold to different people in remnants. I sold this piece to Sarah Long .
Isaac Levi . I delivered eight pieces of cotton to Moses Levi ; I bought them of the prisoner Isaac Asher eight weeks ago, at his house in Northumberland-alley; I understood him to be a dealer; I gave him 17 d. a yard; I understood he bought them in a sale.
Samuel Hart . On Sunday was eight weeks, about five in the morning, I met two men at the corner of Gracechurch-street, dressed in brown cloaths, and flapped hats; they had little brown bags on their backs; there were two others in company with them; they were the prisoners, Asher had a bundle in his hand, tied in a handkerchief, Bochero had not any thing. I met them all again on Monday morning; two people came out first, one was Bochero, the other was a person I did not know; they passed me, then three more men came out of the alley, two of the men were in brown cloaths and flapped hats, who had bags as before, the third was Isaac Asher , he had a bundle in a handkerchief the same as he had before.
Tippler. These are of the same pattern, but there are no marks to them.
The prisoners, in their defence, denied the charge, and called several witnesses (Jews) to prove that Hart had offered to sink his evidence for a sum of money, but they unfortunately contradicted each other.
ASHER Guilty of stealing, but not privately in the warehouse .
BOCHERO Acquitted .
See Bochero tried No. 636, in Alderman Crosby's Mayoralty.
Ann Alder . I am a servant to a lady in Red-lion-square; going home at nine o'clock in the evening, on the 2d of October, in Little Queen street , opposite Parker's-lane, the prisoner came behind me, and snatched my cloak off my shoulders; he was a minute in taking it from me; then he ran down Parker's-lane; I followed him, crying stop thief! I saw him throw the cloak down, and then he walked; I came up to him, and accused him of having stolen it: I delivered him into the hands of the constable.
The constable deposed that he took the prisoner into custody; after which he knocked down one of the watchmen and run away, but they pursued him and retook him.
The prisoner, in his defence, said, he was innocent; that he was walking home when he was stopt; that he saw a person run by on the other side of the way.
He called three witnesses, who gave him a good character.
Guilty . T .
712. (M.) BENJAMIN MURPHY was indicted for that he on the king's highway, on Thomas Collier , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 50 s. June 8 . +
Thomas Collier . I was coming from Sadler's Wells on the 8th of June, about a quarter after nine o'clock at night, with a young woman; about a quarter of a mile on this side Battle-bridge ; the prisoner and another man ( George Lovell who has been executed) came up to us; Lovell to me; the prisoner to the young woman; they said not a word, but your money! if you don't give me your money I'll blow your brains out! I said don't be in a hurry, let me pull my gloves off; with that the prisoner took my watch out of my pocket; it was a silver one; I fumbled a good while; when I got my gloves off, I seized Lovell, tript up his heels, and threw him on the ground, and grappled with him; he was holding a pistol to my head when I threw him down; I kicked up his heels two or three times; as soon as Murphy had took my watch, he returned to the young woman, and held a pistol to her breast; I kept Lovell till an old man and woman came up the road; the prisoner ran away, and the young woman made her escape; I gave an account of the robbery at Sir John Fielding 's, and left a description of the person of the other man, and I left a direction there where they might send for me; but I was not desirous to have him, as the other was taken. I was sent for to Sir John Fielding 's; there I saw the prisoner, and immediately knew him to be one of the men that robbed me; he has the coat on now that he had then.
Q. Are you certain he is the person that took your watch?
Collier. Yes; I remarked him very much; I suppose it was three minutes or two minutes and a half that I kept them while I pulled my gloves off.
Q. Was it light?
Collier. It was just growing dark, it was light enough to discover a man's face; I took notice that his knees were not straight, and I examined
Elizabeth Bridges . I went to Sadler's Wells with Thomas Collier , on the 8th of June; as we were coming back Benjamin Murphy and George Lovell came up together; Murphy presented a pistol to my breast, and Lovell presented another pistol to Thomas Collier . Murphy stood by me all the time, excepting when he took the watch out of Collier's pocket; I saw him draw the watch out of his pocket; then he came back again to me, and demanded my life or my money.
Q. Are you positive to the prisoner?
Bridges. I am certain he is the man.
Prisoner. One of the prosecutor's fellow servants came to me in prison, and said the prosecutor had got the watch now that he pretended to be robbed of.
Collier. The watch I have now, I bought since I was robbed of a Jew.
Murphy. I don't know the man's name, he promised me he would be here, but he was obliged to go out of town.
Q. to Collier. What business are you?
Collier. I am a coachman . I drive jobs for Mr. Steward, in Swallow-street; I have 9 s. a week, besides, what the gentlemen give me.
Q. Upon your oath did you ever tell any person that you have the watch that you pretended to be robbed of.
Collier. No, never.
Q. from the prisoner. Did you not say you would swear against me for the reward.
Collier. No, I never did. I bought the watch I was robbed of, of a pawnbroker in Holborn.
I am innocent. I wish this man was here.
Guilty . Death .
713. (M.) MARY SMITH , spinster, was indicted for stealing a black petticoat, value 12 s. a linen shift, value 2 s. a linen cap, value 6 d. a cloth apron, value 2 s. a black laced handkerchief, value 6 s. a silk and cotton handkerchief, value 2 s. and a silk hat, value 5 s. the property of William Hayward , Aug. 19 . *
Mary Hayward I am wife of William Hayward ; I used to lodge at Mrs. Goff's, in Duke lane, Westminster . Some time in July I went to a place, and I left the things mentioned in the indictment with Mrs. Goff for safety. Some time in the month of August she came to me, and informed me, that my things were gone; from the information Mrs. Goff gave me, I went in search of the prisoner, and I found her in Carnaby Market; she had my apron on; she took me to several pawnbrokers, but none of them had any thing of mine; after she had been before the justice, she told me my things were pawned at Mrs. Pearce's and Mr. Hill's.
The prosecutrix deposed they were her property.
Elizabeth Goff deposed, that she put the prosecutor's cloaths in an unlocked drawer; that she took the prisoner into her house, she being in distress; that she lay there one night; that she went out upon some business the next morning, and when she returned, she missed the prisoner and the things mentioned in the indictment.
Mrs. Goff gave me leave to pawn them.
Goff. That is false.
Guilty . T .
714, 715. (M.) THOMAS MURPHY and CHARLES EARLE were indicted for that they on the king's highway, on William Hinchcliffe ; did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 40 s. the property of the said William , Sept. 15 . *
The witnesses were examined apart at the request of Earle.
William Hinchcliffe . My father is a bricklayer; I work with him; as I was coming home in a chaise between the Small Pox-Hospital and the Tottenham-court turnpike on the 5th of October, about eight o'clock at night, in the dusk of the evening, I was stopt.
Q. Where had you been to?
Hinchcliffe. I had been to a house of my father's at Epping, and I was returning home. I was stopt by three persons, one was shorter a good deal than the other two *; I could not tell whether he was a short man or a boy; one held the horse's head, and the others came one on each of me.
* Earle is but about fourteen years old.
Q. Who held the horse's head?
Q. How do you know it was Murphy?
Hinchcliffe. I remember his person; I am very clear he is the man. I told him I had none, but I would give him my watch if he would not use me ill, I gave it him. It was a silver watch. Murphy held a pistol to my head, and said, might that be my destruction if I prosecuted them. I told them I would not, and then they all three made off.
Q. Do you remember any thing of Earle?
Hinchcliffe. I think he was one, but I can't be positive of him; if he was he was on the other side of the chaise. I went home, and then I went to a public house where my father's men were drinking; I told them of it. Two of them got into the chaise and went back with an intent to be stopt, and if they were to take them. John Steadman , John Count , and John Plenius , in about two hours brought Lewis and Earle; Murphy got off.
Q. Then they did not bring your watch back?
Hinchcliffe. No; when these two were examined the second time, Murphy came by the window and was secured; he was not there the first time, the second time he was there; I was before the Justice the third time, then I found he was discharged, then I said the man is gone by the window that was here before; they sent after him, and brought him back.
Q. What did you say the first time you was before the Justice about Murphy?
Hinchcliffe. I did not say any thing about him.
Q. Was you certain as to him then?
Hinchcliffe. I was not asked any thing; I did not know I had any right to speak before I was asked; the Justice told him he had an opportunity then to turn evidence.
Q. Then in fact you did not charge him then?
Hinchcliffe. No I did not.
John Plenius . I keep the Duke of Grafton's Head, a public house in Tottenham-court Road; when this happened, Count and Steadman came into my house; Count told me their master's son had been robbed, and asked me to go with them; I did; they were in a one horse chaise; I ordered my man to bring my horse out; I took a pair of pistols with me; and I went before them through the Turnpike. As I came up by Battle-bridge, near Grays-Inn-lane-road, I saw three men peeping through the rails; I went past them a good way; when I supposed I was out of their sight, I dismounted, pulled out a handkerchief, and tied it to my bridle, and led my horse, so that he was my screen. I saw Murphy, Earle, and Lewis together. I heard them talk how they would attack the chaise, which was then in sight; I was then about as near to them as the length of the Court.
Q. Could they see your horse?
Plenius. Yes, they might, I suppose; they took it to be a stray horse. I accompanied them in this manner thirty or forty roods; the chaise was in the new road, a good way off towards Paddington; one of them swore a bitter oath; he said d - n your eyes, there is a carriage comming, mind how you come on, the first that resists shoot him; they were on foot; they panted; Lewis went in the middle of the road, Earle went outside of the rails in the foot path, and Murphy about three or four yards before him; there is a Turnpike facing Grays-Inn-lane-road. I pulled off my handkerchief and mounted; I turned round the corner at the Turnpike house; the chaise was then about twice the length of this court distant; then Lewis laid hold of the bridle; Murphy went on the left side of the chaise, and Earle on the right side, and demanded their money or their life; I saw Steadman, who sat in the chaise, give Murphy a cut; Earle received a cut from Count, by which, he fell to the ground; he then said D - n you, why don't you fire? upon that, Lewis fired; they were all three in a heap upon the ground; I fired at Lewis immediately; when they found we had fire arms, they began to run; I bid Steadman take care of Earle, and I said I would pursue the others; I did: Murphy got under the rails into the field, so I followed Lewis; I threw him down with my horse; I kept him there till some of our people came up, and secured him; as soon as Lewis fired, he threw his pistol into the field; it was found there two or three days after; I took Lewis and Earle to my house, which is about a quarter of a mile off. I found some powder upon Earle; I asked Earle about the robbery that had been committed about an hour before; Earle said that he knew about it, but the man who had the watch was gone; that was what he said. This was Saturday night; it was about eight days after, when I saw Murphy; he passed the street at their examination; Hinchcliffe said, there is the man that robbed me; I told Mr. Welch what he said; I went out and brought him in; that was Murphy; I am positive he
Q. Did Earle say any thing before the Justice about this robbery?
Plenius. No: he said he had been at Bartholomew-fair, and the powder was to blow the sausage womens pans up.
John Steadman . I work for Mr. Hinchcliffe; young Mr. Hinchcliffe came in on Saturday night, near eight o'clock, on the 5th of September, and said he had been robbed of his watch; Mr. Count and I went in pursuit of them; we called at Mr. Plenius in Tottenham-court road; he went with us; we apprehended Earle and Lewis; they were carried to Mr. Plenius's.
Q. Did you hear any thing said by Earle or Lewis about the robbery?
Steadman. No; Earle was that night; at the Middlesex Hospital (he was cut in his head so we took him to the Hospital) I said to him, you young dog where is the watch? he said the person that we did not take, had got it; I talked to him all the way to the hospital; he would not tell me any thing, till he came to the hospital; he bled pretty much, and was very sore; he thought he was dying I believe.
Q. Did you say any thing about the robbery?
Steadman. No; I believe Murphy is one that attacked us, I can't be certain of it, only that mark upon his shoulder, I am sensible I cut the man upon the shoulder; Count was with me when Earle spoke.
John Count . I was at the apprehending of Earle and Lewis; we took them to Mr. Plenius's; we asked Earle if he knew any thing about the watch our young master had lost; he said, yes, the man that had got off had got the watch; this was after Earle was gone away by himself at the Middlesex Hospital.
Earle. I was cut in such a manner I had not sense to speak a word.
Q. to Steadman. Do you remember the people that attacked you?
Steadman. Yes, very well; Murphy came on my left side; I was driving the chaise; I took notice of them as they came up; Earle came on the right side. I was at the Justice's when Murphy was charged with having a cut upon his shoulder; his cloaths were taken off and I saw the cut; there was a cut in his coat and waistcoat which was sewed up.
Q. Did you say this at the Justice's the first examination?
Steadman. No; we thought he had be. taken up for other affairs then, so we said nothing about ours; he was not brought to the bar in account of our affair; I did not see him till the second examination.
Q. Was he charged with your affair then?
Q. Did you say any thing about him then?
Steadman. No; the Justice did not ask us any question about him?
Q. You saw him in custody of the constable?
Q. Did you tell the constable that he was one of them?
Steadman. No; if I had known they had intended to set him at liberty, I should have spoke; I did not think that he was taken up on our affair.
It is very odd they should swear to me, when at the Justice's they said it was so dark they could not distinguish one man from another.
I was going to my brother's in Bowling-green lane, Marybone; I heard the cry of stop thief! I ran along the road to see what was the matter; one of these men ran across the road, and cut me down; I asked him what that was for; he said I was thief; then he tied my hands behind me, and said I was going to rob a chaise; then they took me to the house, and from thence to the hospital; I never spoke a word, good, bad, nor indifferent, till I went before the Justice.
Benjamin Lewis . I was at Mr. Welch's office at the first examination; Mr. Hinchcliffe said the prisoners might be the persons, or they might not. Murphy was not then taken; he said it was very dark; that it was much darker then than it was half an hour afterwards; Murphy was then in the office, but he was not at the bar.
Plenius. This man is Lewis's own brother.
Benjamin Vials , was at the Justice's at the time Hinchcliffe was examined; he said it was very dark, and he could not swear to either of them; that is Lewis and Earle. I went over the way a public house, and there I saw Murphy; I knew him; I said you villain, why don't you go all; he said he would go over, and see how they went on; Lewis is my sister's son; Murphy came into the room of his own accord; he was; large then.
Thomas Cotterel . I have known Murphy eight years; his mother keeps a green shop and coal shed; his father is a sickly man, and he did his father's business for him; I never heard any thing against his character before this.
Thomas Bee . I have known Murphy ten or twelve years; I lived opposite to him; his father is bed-ridden; he supported his mother; he is a sober lad; I admired him he was so industrious and dutiful to his parents; I never heard any one say any thing against him.
Q. Did you ever hear any thing amiss of him?
Malloy. If, I hear any thing I am not to go by that.
Both Guilty . Death .
Note, Lewis was so ill he could not take his trial.
See Earle tried for a highway robbery, No. 320, and for a burglary, No. 373, both in Alderman Crosby's mayoralty.
Isaac May . I live with Mess. Few and Scruden, wharfingers and coal dealers, at the bottom of Essex-street in the Strand . On the 28th of September, about half after ten at night, as I was going down the street to the wharf, I saw two or three people coming up the street with some sacks on their backs; I suspected them, and I dogged them; I saw Collings go with one sack of coals down into a milk cellar in Essex-street; accordingly I stepped over the way, and by that time the prisoner Haslet, and another with him, came with another sack; as soon as I began to challenge them what they had got, and how they came by it, they threw the sack down, and run away. Then the master and mistress of the milk cellar came to me, and asked what I did there; I said I believed they had something in their cellar they should not have there; they would not let me go down at first, but presently they did, and there I saw Collings, and the sack of coals tied round with a garter; I looked at Collings knees, and saw he had but one garter on: Collings said he picked the coals out of the Thames; I opened the sack and looked at the coals; they were large coals, and as clean as when they came out of the pit; then Haslet was brought down; I charged Haslet, but he denied knowing any thing of it; then Collings said he had been with him that night.
Q. Did you know Haslet when you saw him in the street?
May. Yes, I knew him very well.
I met a man in the street that appeared to be a coal-heaver, with that bag of coals, and he said he would give me three-pence to carry it into Essex-street, and he took my garter and tied it round with; he went and shewed me where to carry them, and when he saw this man, he run away.
He never saw me with any coals on my back: as I was going along the street, a boy came to me, and said some gentlemen wanted to see me at the Crown, in Essex-street; I went, and when I came there he said it was over the way in a milk cellar; I went to the milk cellar, and May charged me with stealing some coals.
Both Guilty . T .
Edward Battell . I live with Stanley Batten , Esq; at Winfield Plain; he is high sheriff for the county; I saw my mare on the 4th of October, on the common in Windsor Forest, near Cranbourn Lodge ; she is a black mare; she hadJohn Fielding 's the next day, Tuesday the 13th; there they directed me to the Two Wrestlers, at Highgate, where the mare was stopt; I went there and saw my mare; the clerk ordered me to bring the mare, if I was certain it was mine, and the man that stopt her. She was brought down directly by Huxley.
Q. Are you very sure this is your mare?
Battell. Yes, I am; I broke her myself.
Thomas Huxley . I am ostler at the Red Lion, at Highgate; I stopt the prisoner on suspicion of his stealing a bridle, a plated bit, a pair of spurs, and a pair of boots, on the 8th of this month, at eight in the morning. He came to the Red Lion, and said he should have put up his mare with me, but I was not up, and so he had put her up at the Wrestlers, and by the description that Mr. Smith, the bridle man's servant, gave me, I suspected this was his bridle; I had an account of the bridle before I stopt him; I went, and saw the mare, and the spurs and bit answered the description I had left with me; I went and fetched a constable, and gave him charge of him. We advertised the mare and this gentleman came and owned her; I went with him to Sir John Fielding 's; we took the mare there, and the prisoner; he said he had the mare from Windsor.
I was born in Lancashire. I was going to Windsor, where I had lived; I met a man near Slough; he had a cart, and this mare was tied by the side of it; he lent me her to ride on; I went to the Wrestlers, and put the mare up there thinking the man would come for her.
Guilty . Death .
719, 720, 721. (M.) GEORGE COOKE , WILLIAM EVANS and JOHN WARD were indicted, for that they on the king's highway, on John Herd , did make assault, with intent the money and effects of the id John to steal , October 20 . *
John Herd . On Tuesday morning st, between eight and nine o'clock, coming from Tottenham to Cannonbury House, in the middle of the fields, near Newington Green , the three prisoners met me; two of them laid hold of me by the collar, and the other he collar of my shirt; they cried your money! her money! I struck the man that was in the middle very hard, and wrenched myself from all the rest; they all fell upon me; I had a small stick in my hand, which in the scuffle they broke I had the thick end in my hand, and one of them had the other end, and struck me with it on the head; I struck one very hard with the bit I had in my hand; then one of them said shoot him, and I expected they would, but they did not produce any arms; seeing they had no arms, I attacked them, and they all run away; I pursued as far as Newington Green, which was about two thirds over that field and another; there is a place called Spring Gardens, Ward endeavoured to escape me there, by getting through the gate, and putting it to, but I got hold of him. Some people that came from Newington Green stopt the other two.
Q. Are you sure there are the people that attacked you?
Herd. Yes, perfectly sure.
Elizabeth Smith . I was going to Islington on business; I was about ten yards before Mr. Herd; the prisoners met me, but did not speak to me; I turned round and saw them all seize Mr. Herd by the collar, and use him very ill; I heard them say,
"D - n you, your money!" as far as I remember, the gentleman said he would not he robbed by such blackguards; they ran away, and Mr. Herd pursued them; I screamed, and that raised many people; I followed them, and saw them taken; they never were out of sight.
The prisoners, in their defence, said, that one of them stumbled against the prosecutor, who said, do you want to rob me? and began beating them with his stick, and that they had no intention to rob him.
All three Guilty . T .
EVAN MAURICE was indicted for falsely and feloniously making, forging, and counterfeiting, a certain promissory note, purporting to be signed by one Sophia Johnson , in the words, letters, and figures following,
The 8th of Sept. 1772 ,
William Moore . I am a journeyman taylor, I have often seen the prisoner; I was never in his company before Tuesday the 8th of September; I was in company with him then at Mr. Dobson's, the three Castles, at Puddle dock, in the forenoon; Mr. Dobson keeps a house of call for taylors; we both resorted to that house being out of work; Maurice and I went to take a walk together; we went to Charing-cross and St. James's Square, having nothing else to do. I dined before I went to the house of call; at four o'clock Mr. Maurice asked me to go into Mrs. Johnson's, the Cock and Magpye, Drury-lane; I objected to go in because I had no money; he said he had money, and desired me to go in, I did: we sat down and drank a pint of beer; he desired me to walk out into the yard; I did; there he desired me to take notice, as he had some business with Mrs. Johnson; we sat down in the kitchen; he wrote something down upon a piece of paper about three inches square; Mrs. Johnson was in the bar: he went into the bar to Mrs. Johnson with it. He had before desired me to take notice, so I went to the bar, and saw Mrs. Johnson sign it.
Q. Did you hear any conversation between them?
Moore. No, I saw no more pass; then we came into the room, he desired me to look at the receipt and see if I could be sure that was Mrs. Johnson's hand writing; I made use of an oath that he should desire me to take notice of so trifling a thing as a receipt for three shillings, for I did not know of any deception then; I read the receipt, it was for three shillings then: it was dated 8th of Sept. He bid me put it in my pocket; I did: he asked me immediately for it, and I gave it him, then he desired me to go up stairs with him into his room; I did not know he lodged there before. When I went into the room he took up a box, from whence he took a smaller box, out of which he took some promissory notes for small sums, one of which was I think for five pounds or five guineas; I did not observe whose note that was; he said I will show you the deception; he took the receipt that Mrs. Johnson had signed; he took off the the written receipt from the rest of the paper; it had been slightly gumed on the other paper; he separated it, and so made it into two; there stood on one paper the bare receipt without any name, on the other was a blank piece of paper, excepting only an L, a figure of three, and two scratches above and below the figure of three, and Sophia Johnson ; then he laid the promissory note of five pounds before him, and wrote from it a promissory note, upon the blank paper over Mrs. Johnson's name; he made it payable to himself; the date was the 8th of September; he then altered the figures; he put a 1 and an 0 before the figure of 3 which made 103 and added a 1 to the 0 which made 10, which made it 103 l. 10 s. I asked him what was his intention; he said he had no intention of hurting her, he meant only to marry her; he said he would call Mrs. Johnson aside into a room, and he intended to present that note to her for payment, if she refused to marry him: I told him I thought no man could have the face to do so; he said he did not intend to injure Mrs. Johnson, but he imagined she could not procure bail, and said she would consent to marry him. We drank I believe a pint of beer in this room; then we went down stairs again, and I went home. I frequented Mr. Dobson's house, where I casually met with him several days, and we occasionally drank together. About a week or a fortnight after this, Mrs. Johnson, and some gentlemen of her acquaintance, came to Mr. Dobson's; I was there; Maurice came in a few minutes after them; Mr. Dobson called me up; when they informed me of the affair I was struck with great surprise; told them that I knew something of it, but I did not tell them what then; on the next morning I went and acquainted my friend (one Mr. Day) of it, and asked his advice, the next morning I sent to Mrs. Johnson to come to me; when they came, I gave to Mr. Skinner, her attorney, the same information concerning it, as I have done now; we then went to Sir John Fielding 's and a warrant was taken out against Maurice; Maurice gave me a copy of this note, in order that I might be clear of the date, and the name, that I might be a witness of it, should I ever be called upon. This is
Q. Did Maurice know you had got the receipt?
Moore. I don't no; I delivered the receipts in the presence of Sir John Fielding , he ordered them to be sealed up, and the copy of the note. Maurice was taken up on the Saturday; he came to me on Friday night, and said he had been to Mr. Mayhew's chambers, and that Mr. Underwood had conveyed him out at the back door, and said he had left Mayhew to make up the matter as well as he could; I said Mr. Maurice, I believe this will be attended with dangerous consequences; I would advise you to make off; he said Mr. Mayhew advised him to do so too.
Court. Upon your oath in case this marriage had ever taken effect, what was you to have had?
Moore. He never laid the least trust in me, nor never said I was to have a farthing whatever.
Q. Upon your oath had you no expectation of getting something if the prisoner succeded?
Q. You describe this dividing of the paper, as if it came of with the greatest ease in the world?
Moore. Yes, it did; it appeared to be gumed.
Q. Was the gum wet or dry?
Moore. I am not clear whether it was wet or dry.
Q. If the gum had been dry it would not have pealed off so easily would it?
Moore. I cannot tell whether it was or not; there is a black line drawn along the bottom of that receipt which hindered any fight of there being two pieces of paper; there appeared to be a sort of a gummy substance at the edge of the paper.
John Dobson . I keep the Three Castles, in Black-friars; both the prisoner and Moore used my house, which is a house of call for journeymen taylors; they were often together at my house. On Tuesday the 15th of September, in the morning, Mr. Maurice desired me to go a little way; I asked him what it was about; I said I could not go then; I would go after ten o'clock; going down Ludgate Hill, I asked him what the business was; he said it was not much further; he went to a chamber in the Temple; there were two gentlemen and a lady there; he said good morrow to you gentlemen; Mr. Mayhew said good morrow to you Mr. Maurice; Mr. Mayhew said to him, is this your friend? he said no, it is a gentleman that is come along with me, Mayhew asked whether he should proceed upon it; Maurice said, yes; I looked at the note; the attorney said it will not be so well for one to be plantiff and attorney, and he said to his clerk, Mr. Andrews I will get you to be plantiff.
Q. Was there any talk about bringing an action before that?
Dobson. Not at that time; I saw the paper; I believe this to be the same; (taking the note in his hand - the note is read) endorsed on the back Evan Maurice . It was then mentioned that the action should be brought in Underwood's name; Underwood agreed to it; Mayhew asked the prisoner where she lived; he wrote it down upon a slip of paper, the Cock and Magpye, Drury-lane; Mayhew said, does she keep the house? he said, yes; then they wrote it down, and he said Maurice must indorse it, which he did; then Mr. Mayhew said he would give him a note for security, or a receipt for the note; he gave it Maurice, and Maurice gave it me to look at; the sum was in figures, and Mayhew had signed it only with his name, not mentioning where he lived, and the back was full of writing; I said I thought the sum should be specified in letters, and he should put his place of abode upon it. Mr. Mayhew said he would write a letter; Maurice put the receipt in his pocket book, and we came away; coming out at the door, I said, how was this contracted? he gave me no answer; then I said I supposed it was something of his late wife's affair; he said it was right enough, and Moore saw her sign it. I had no farther conversation with him; he asked me every day if any body had enquired for him.
Q. from the prisoner to Moore. Whether he has not received a certain sum of money for swearing against me?
Moore. When Mrs. Johnson's friends came to me, I expressed to them the nature of my situation, I was turned out of Mrs. Dobson's house; turned down stairs, and used in a most desperate manner, and ever since they have not admitted me any where for subsistence. I said to Mrs. Johnson's friends, in what manner am I to be supported: I have a wife and two children, that cannot live on the air. They voluntarily
Q. from the prisoner. Upon your oath did not you receive five guineas from Mrs. Johnson or her friends?
Q. Had not you a security for five guineas more upon conviction?
Moore. I have for five guineas more, as Maurice says, in order to defray my expences.
Court. When are you to receive that other five guineas?
Moore. Upon demand; this is the note ( producing it.) I have not the least ill will to Mr. Maurice, if he had not mentioned to Mr. Dobson, that I knew of it, I should not have known that she had been arrested.
Moore. This is the receipt that was taken off the paper by Maurice; it appeared to be gumed just at the edge, so it was easily separated.
Cornelius Asto . On the 16th of September last I went to Mrs. Johnson; I went into the fore parlour on the right hand side, and Mr. Armstrong followed me in; Mrs. Johnson was there, and some other people were there, the prisoner was not; Mr. Armstrong told Mrs. Johnson, he had a writ against her; he arrested her at the sait of Underwood; I was one of her bail. I never heard Maurice say any thing about it; he was a journeyman taylor and lodged at Mrs. Johnson's. On the 18th, when we went to Mr. Dobson's, after waiting a little while, Mr. Maurice came in; we asked him to go up stairs; he did; we talked to him about this note; he seemed vastly confused, did not know what to do; we asked him how he could be so cruel; he said he never meant to hurt Mrs. Johnson, he had a very great respect for her; we said, did she ever owe you a farthing in her life? he would not answer any such question; we asked him how he could be so cruel as to arrest her, what a base man he must be; as we then supposed the matter was, before we discovered Moore's account, that as she did not look at the receipt when she signed it, we supposed that she had signed the note of hand, and did not look at the contents. He said if Mrs. Johnson, or her friends, knew his heart, they would be happy, and make themselves easy; I called him into a room by himself, where I discoursed an hour with him about the matter; he would not answer any thing material. Moore (after Mr. Dobson informed us he knew more about the matter) said he believed Mr. Maurice was a very honest man; we sent for Moore up stairs; he said, I think, he knew nothing about it. Moore sent for us next day; he said it was in his own breast to discover this affair; that he was a poor man, and that it would be attended with loss of time, and he expected to be satisfied for it; we asked him his sum; he said ten guineas; we proposed five guineas; he said if it was put in any other man's hands, it would be the same to him; it was not our offer but his request.
Q. How did the note run?
Asto. It ran, we promise to pay five guineas for trouble or loss of time.
Q. Was any thing said in it on conviction?
Asto. Yes, I think it was.
Cooke again. I have known Maurice two years.
Q. Do you, know any thing about his circumstances?
Cooke. I believe he was never any thing more then a journeyman taylor .
The note was wrote first before she signed it; I had no intention in the world to deceive Mrs. Johnson; I had it in my pocket a few days after; going along Fleet-street, I shewed it to an acquaintance; I met at the end of Fleet-market, one Mr. Keyland, who lives at Islington; I told him I asked Mrs. Johnson to sign it; he told me I had not best shew it to Mrs. Johnson; he asked me if I was acquainted with any attorney; he told me of one Mr. Mayhew, he was acquainted with; he recommended me to give it to him; we drank a pint of beer together; he went into a public house; I went to the chambers to Mr. Mayhew; I told him a gentleman wanted him at the Cock; he came there; I shewed him the note. Keyland bid me tell him it was a good note. I did not know any body could be taken out of their house and be imprisoned without a warrant.
For the Prisoner.
Dobson. I have known the prisoner five or six years; I always took him to be an honest man.
- Cooke. I have known him about the same time; he always behaved well.
Mrs. Johnson. I have known him about two years and a quarter; I never saw any harm by him; I always thought him an honest man; I never had any words with him in my life.
Guilty . Death .
723, 724. (M.) WILLIAM GRIFFITHS and TIMOTHY JOHNSON were indicted for that they on the king's highway, on Mary, the wife of John Constable , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a silk purse, value 2 d. and 14 s. in money, numbered, the property of the said John Constable , Sept. 30. ++
Mary Constable . I am wife of John Constable , a surgeon and apothecary , at Highgate. On the 30th of September, between seven and eight o'clock in the evening, my maid servant and I were attacked in Tottenham-court-road , as we were going to Highgate in a single horse chaise; I was first shot at, and then heard the word, stop! the pistol was quite close to the chaise; it was on my side; immediately I saw three men; two came on the side I was driving, and one on the side my maid was on; they got upon the step or into the chaise, I cannot say which; they demanded my money; I gave them my purse, containing some silver, and one of them put his hand into my pocket, and took out some loose silver, and I believe some halfpence; a queen Ann's half crown was in my pocket. A carriage came up, and they all made off; it was very dark.
Q. Was it light enough to see what sort of men they were?
Constable. I distinguished that they were young men, and not very lusty; one had a very broad neckcloth about his neck; I could not distinguish any thing more of them.
Q. Could you see whether there were any more pistols?
Constable. I only saw the one that was fired; I was slightly wounded in my breast. The evidence said at Sir John Fielding 's, that it was loaded with a stone button; I found a button in my apron pocket; how it came there, I cannot tell. This is the button (producing it.)
Elizabeth Bridgeford . I was along with Mrs. Constable; we had two children with us. I received by the same pistol a wound under my right eye; there was one on my side; he stood on the step of the chaise close to me; he did not speak to me, nor take any thing from me; there were, I thought, two on my mistress's side of the chaise. He that stood on the step by me, was a youngish man, dressed in brownish clothes; I did not see any pistols; I only heard the report, and saw the flash of the pistol.
David Evans . I am eighteen years old next March; I was apprentice to a painter and glazier. Griffiths is just come from sea; I knew Johnson before, he is a gold and silver coat button-maker . I was out of the way for a robbery committed the Sunday night before. I went down to Westminster to these two lads; I met them at the Nag's Head, in Tothill-street; I did not go more for them than any body else; it is a house for whores and thieves. Griffiths lived with a girl there; we set off to take a walk about four o'clock; I was going to look for a pistol that I had hid after that robbery, that Sunday night; these lads did not know what I was going about; I was a long while before I could find this pistol; by the time that I got it, it was pretty dark. I met a one horse chaise near Fig-lane; I had this pistol in my pocket; I called, stop! the lads did not know I had found the pistol; they did not know what I was going to do with it; I cried out, stop! and the main spring of the pistol was broke, and it went off in my hand, and William Griffiths said, what did I do that for, and they ran away; had it been two men, I should have been taken, but as it was two women, I robbed one; I got a purse from her, and about 2 s. in loose money.
Q. So they did not stay to assist in robbing the woman?
Evans. No; I did not stay five minutes, because I heard a coach or something. They ran away directly as I fired the pistol, before I jumped up into the chaise; the gentlewoman gave me the purse, and I took out 2 s. I believe there was more money; if I had had a knife, I should have cut her pocket off; after I had robbed her I came away. I overtook the prisoners in Gray's-inn-lane by chance.
Q. Did you tell them what you had done?
Q. Did they know you had robbed the woman?
Q. Did you give them no part of the money?
Evans. No; they had some alamode beef for supper with me at the Thirteen Cantoons?
Q. Did you or they pay for it?
Evans. Griffiths paid his share.
Q. Then you did not so much as give a supper; out of it?
Evans. No. Then we went all of us to the Bull and Gate in Holborn; we lay there all night; in the morning I carried the pistol to mend.
Q. When was you taken?
Evans. Three or four days after that robbery was done.
Q. Did you ever go out together after that?
Evans. I never went out with them; they had no concern in the robbery, nor any share in the money. I was an evidence against Wiggins and Savage.
Q. Did you sign an information before Sir John about all these robberies.
Evans. I signed an information to Savage's and Wiggins's.
Q. And about your robbing this lady?
Q. How came you to mention their names?
Evans. They are here for other robberies besides mine; they are nothing belonging to me; they were taken up along with me.
Evans. I don't know which; I can't swear to the persons; there were a great many people about the office.
Court. You are the greatest villain I ever met with in my life; here in your information you have said, "that you knew them all; that on Wednesday night last, the said William Griffiths , Timothy Johnson , and this informant, robbed two women in a one horse chaise, near the end of Fig-lane, and that either the said Griffiths or Johnson fired a pistol at the said woman."
Evans. It was me that did that.
Evans. What I have spoken here is all true and just.
Court. There must be something done to put a stop to such flagrant villany as this.
Q. Were they not at your House on Wednesday night?
Humpedge. They were not.
Q. Are you sure of that?
Q. How often have you seen them there?
Humpedge. Never but that once.
Ann Humpedge . The two prisoners and Evans came into our house, and asked for a lodging; they went into the kitchen; I said do you know what you are to pay for a bed? they said, yes; I asked them what? they said a shilling a piece; I went to my master and told him of it; he said, may be they are apprentices; he came and questioned them; they said one of them came from sea, and they seemed to laugh at it; they threw down a 5 s. 3 d. and my master gave them 2 s. 3 d. change; they gave me 3 d. when they went up stairs to go to bed, they said they would lie all together.
Q. What night was it?
Humpedge. It was Tuesday, Michaelmas day.
Q. Were they there on Wednesday night?
Humpedge. No, they were not.
I am innocent of the affair; I know nothing about it; I am just come from sea; I knew Johnson before I went to sea; he was an apprentice in St. Martin's-lane; I have seen him down at Westminster; he asked me to take a walk; I went along with him; I went out to sea in the Queen, to the East Indies.
I met with William Griffiths ; we went down to Westminster; we went into the Nag's Head; we saw Evans there; we had a pint or two of beer; Evans asked us if we would take a walk; he took us up to Hampstead and in coming back again this happened.
Q. to Mrs. Constable. You said there were two men on your side of the chaise, and one on the maid's side.
Mrs. Constable. Yes.
Constable. They all three staid together, and all went away together.
Both acquitted .
Court. Let Evans be detained.
725, 726. (2d. M.) WILLIAM WIGGINS and JOHN SAVAGE were indicted for that they on the king's highway, on John Forbes , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a silver watch, value 4 l. a man's hat, value 5 s. two guineas, a quarter of a guinea, and two shillings in money, numbered, the property of the said John , Sept. 27 +
John Forbes . On Sunday the 27th of September, as I was coming to town in a post chaise, in company with Mr. Gregory, near Shepherd's Bush , we were stopt by several persons; they came up to us, and said, give us your money! and likewise give us your watches; which we did; I gave them my watch, two guineas and a quarter of a guinea, and afterwards they took our hats, upon which I told them, we had given them all we had; they went off, and we came to London.
Q. Could you distinguish either of their persons?
Forbes. It was too dark to distinguish who were the persons; I think I recollect Wiggins's face, but I can't be positive; we gave information of the robbery at the two turnpikes we passed, and when we got to town, we gave information of it at Sir John Fielding 's, in consequence of which Sir John sent to us in a few days after, I believe the Tuesday following; Mr. Gregory and I went the next day; there we found the two prisoners; the watch was produced, it was not my own watch that I was robbed of; I had left my watch with Mr. Allom to be repaired, and he had lent me a silver watch to wear till I had my own again; I believe that to be the watch, but am not certain.
Q. Mr. Forbes mentioned it being dark.
Gregory. It was not quite dark, it was a little after seven o'clock.
Q. Was Wiggins on the side of the chaise you sit on?
Gregory. No, the opposite side; none of them came on my side; I fixed on Wiggins at Sir John's; his features struck me at the time of the robbery; I gave them some money, and my hat; we have never found our hats since.
Nicholas Bond . I am clerk to Sir John Fielding ; I had been at Bagnigge-Wells on Sunday the 27th of September; I returned from there to the office, about six in the evening; my brother who had just returned from Southampton, informed me, that he had seen Wiggins in Gunnersbury Lane; I got some men together, and I stationed four of them at Buckingham Gate Turnpike, two and myself at Hyde Park Corner, and two others at Tyburn Turnpike; the turnpike men informed me, that two gentlemen that had just passed by in a post chaise, had informed them they had been robbed; after staying near an hour, I saw three men on the left, coming from Paddington Turnpike, and going towards Park-lane; I and the two men that were with me followed them for about a hundred yards; when I was within about five yards of them, I knew Wiggins to be one of the three, by his back; I seized him by the right hand; the two men that were with me attempted to seize the others, but they got off; Wiggins sprung out of my hand about five yards; he then turned round, and said, stand! upon which I struck him on the shoulder with a cane; he then ran as fast as he could to the corner of Park-lane; I pursued him; he ran about twenty yards; he turned and threw something at me, which struck against the wall; I still pursued him, and cried out stop thief! he was knocked down in a street near Grosvenor Square, and we carried him to the round house that night; the next morning I took the other prisoners, Savage, Birks and Macdonald, at a house in St. Giles's; they were all a-bed together; I found this watch (producing it) folded in a handkerchief; it lay under Savage's pillow; Savage lay on the outside, Birks in the middle, and Macdonald on the other side; I took them all three to Sir John Fielding 's.
Q. from Savage. Whether you did not find the watch in the middle of the bed?
Bond. No, I found it under Savage's pillow. I saw Savage moving his hand towards the pillow, which occasioned me to search there.
John Heley . On Sunday the 27th of September, I was coming home from Turnham Green, about noon; I saw the two prisoners and David Evans together near Hammersmith, going towards Brentford; I had seen them several times before, and knew them very well. I was with Mr. Bond, and saw the watch found in the bed, directly under Savage's head.
David Evans . The two prisoners and I set out together from St. Giles's on a Sunday; I don't know the day of the month, about nine in the morning; we lay together in Westminster; the night before we agreed to go to Richmond, in order to rob; we met Mr. Heley in the way, near Hammersmith; we dined at Brentford; about four o'clock, after dinner, we crossed in the ferry to Richmond; we walked round the Green, but there were so many watch boxes and lamps, we thought that place would not do for us; we crossed Kew Bridge: we drank at an alehouse or two, in order to make us almost drunk to raise our spirits; then we went to a place which I have since heard is called Shepherd's Bush. A post chaise came up; it was not quite dark but I thought it was dark enough that we could not be seen; we could hardly see one another; we all cried out to the driver of the chaise, stop! There were two Gentlemen in the chaise; I took a watch and some money from one gentleman, and some money from the other, and both their hats; after I got their money, I demanded their watches; the gentlemen said they had but one, and one of them gave me a watch; there was a person behind the chaise.
Q. to Mr. Forbes. Was there any person be-behind the chaise?
Forbes. Yes, there was.
Evans. After I had got the watch and the money, Wiggins said give me me your hats; we took them, and went away across the fields, we went, I believe, two miles out of the way; we cut the hats to pieces in the first field, because they were fantail hats; that was not the sort we wanted. I was with the two prisoners when Mr. Bond came up; I made off; Wiggins had the watch from me, what he did with it I can't say; I had the silver to divide when we came to town.
Q. to Mr. Forbes. Do you know who demanded your hat?
Forbes. I remember that after the money was given, a different voice from that which demanded our money, said give me your hats.
I was near the place; but I was not there with any intent on to rob; I lost myself there, and afterwards I went away over the fields.
I have no more to say, I am not Guilty.
Both Guilty . Death .
727. (M.) REBECCA HORTON , spinster, was indicted for breaking and entering the dwelling house of Benjamin Legoe , on the 2 d of September , about the hour of eleven in the forenoon, Benjamin Legoe and others being therein, and stealing two linen sheets, value 7 s. the property of the said Benjamin, two shirts, value 6 s. and one linen jack towel, value 1 s. the property of Mary Rates , widow, in the dwelling house of the said Benjamin Legoe . *
Ann Hill . These shirts ( producing them) were pawned with me on the 3 d of September by the prisoner; they said they belonged to one Ann Kelly ; I lent her 6 s. 7 d. on them; she came again and had to the amount of 9 s. on them. (The sheets deposed to by Legoe's wife.)
Mary Ratey . I lived in a lower room at Mr. Legoe's house; the prisoner came to me four days after I had been there, and asked me if I would go out to a day's work; I was glad to have a day's work; I went with her; she dropt me as we went; when I got to the place to which she had directed me, there was no work wanted to be done; I returned home in about three-quarters of an hour; I found the window open, which I tied with a string; the door was locked as I left it. I missed a shirt, a towel, and the sheets from the bed. About ten days afterwards, I met the prisoner in Whitechappel; I charged her with stealing the things; she denied it; I carried her before the Justice; there she confessed she had stole the things, and had pawned them to Ann Hill, who produced them.
I pawned these things to be sure for another woman.
Guilty of stealing only . T .
Both acquitted .
John Edwin . I was going along Thames-street on Saturday the 26th of September; near the Tower the prisoner and another lad followed me, one on each side of me; the prisoner jostled me; I put my hand to my pocket, and missed my handkerchief; I followed him, and found my handkerchief concealed under his apron, which was tucked up round him. (The handkerchief produced and deposed to by the prosecutor.)
I found the handkerchief.
Guilty . T .
732. (M.) THOMAS FISHER was indicted for stealing two blankets, value 2 s. the property of Robert Buttery , the said goods being in a certain lodging room, let by contract by the said Robert to the said Thomas , Sept. 29 . *
734, 735. (M.) DAVID FRENCH and SARAH CADMAN were indicted for stealing 2 silver pint mugs; value 38 s. six silver tea spoons, value 6 s. a pair of silver tea tongs, value 4 s. and three silver salt spoons, value 2 s. 6 d. the property of John Hind , in his dwelling house , Sept. 15 .
John Hind . I was absent from my shop a short time on the 13th of September; when I returned I missed the things mentioned in the indictment; they were taken out of a shew glass, in my shop; from its situation, I think it could not be taken out without the person's coming into the shop; I saw an advertisement next day, that my plate had been stopt; I went according to the advertisement and saw it, and am certain it is my property.
John Fyle . I saw the two prisoners at one o'clock, on the 15th of September, near Houndsditch; they were enquiring for a Jew, whose character, I have heard, is that of a notorious receiver of stolen goods. I suspected there was something wrong; I called upon Mr. Galpin; we took the bundle from Cadman, which contained the pieces of plate mentioned in the indictment. (Produced and deposed to by the prosecutor.)
I know nothing about it; I am but eleven years old; I was going to be bound apprentice to a jeweller.
Witness. He is an apprentice to a chimney sweeper ; I have seen his indenture.
French was to give me some money to dispose of the plate.
Both Guilty 39 s. T .
Thomas Farmer . I am a pawnbroker; I took in a pair of sheets, and a hat, (producing them) of a person, who I believe is the prisoner, I will not swear to him; on the 26th of September he pawned them in the name of John Tucker .
Prosecutor. I can swear to the hat; I can't be positive to the sheets.
I borrowed the hat of the house-keeper, and I took the sheets from the garret, and pawned them for 3 s.
Guilty . T .
Mathew Luty . Coming over London-bridge on the 14th of October, in the evening. I felt a hand in my pocket; I turned round and saw the prisoner with my handkerchief in his hand; I saw a lad standing by him, to whom I suppose he gave my handkerchief.
I am innocent.
I picked it off the ground.
Guilty . T .
740. 741. (L.) THOMAS CONNELL and THOMAS WILLIAMS were indicted for stealing five linen handkerchiefs, value 1 s. 6 d. a paper razor case, value 1 d. two razor, value 1 s. and a tin tobacco box, value 1 d. the property of persons unknown , Oct. 8 . +
John Duncastle . I am a constable of Farringdon-within. About eight or nine in the evening of the 8th instant, going through St. Paul's Church Yard, near the Goose and Grid-iron, I saw the two prisoners and Aldridge laughing together; I looked at them and saw Aldridge emptying his pocket; he was giving the things to Connell; I went up and took hold of them: I took the things mentioned in the indictment out of Connell's pocket.
William Aldridge . I have been acquainted with the prisoners about a month; they used to accompany me; we had been out all the day; we took these handkerchiefs that day: we have been out together upon this business a good many times; we picked a man's pocket in Rag-fair of the razors and razor case.
The prisoners, in their defence, said, they knew nothing of the matter.
Both guilty . T .
Elizabeth Butler . The prisoner was my servant ; she went away last Monday night without my knowledge; she did not come home all night; the next morning I found my drawers, in my bedchamber, were broke open, and my money, amounting to 40 l. was gone; the prisoner was apprehended; she confessed that she took the key of the room from the bar; that she found the drawer unlocked, and took away the money.
Another witness deposed, that he took the prisoner near Brick-lane; that she delivered to him 27 guineas, a half guinea, a 36 s. piece, a queen Ann's crown, and a few shillings, which she said was her mistress's property.
I acknowledge I took the money, but I returned it almost all again. I leave myself to the mercy of the court.
Guilty . T .
Elizabeth West . I saw the two prisoners standing by a pint pewter pot, which stood on Mr. Tisciker's green stall, in the Fleet Market ; I saw her put her gown over the pot, and then she took it away; I told Mr. Tisciker of it; he followed her, and brought her back with the pot upon her.
The pot produced and deposed to by Henry Green.
I intended to carry the pot home; before I could read the name upon it they stopt me.
Guilty . T .
744. (M.) CHARLES CLAYTON was indicted for that he on the king's highway, on David Martin , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person two crowns, three half crowns, and a silver 3 d. the property of the said John , Aug. 26 . ++
John Stubley . I am a watchman at the Steel-Yard . On Wednesday last between twelve and one o'clock at noon. as I was coming down the yard, I met the prisoner with a bar upon his shoulder, within four yards of the place where the iron stands, within four yards of the gateway; he was going towards Thames-street; I thought he had stole it; I went up to him, and charged him with stealing the iror; he said a man bid him carry it to the farriers; I took him to the farriers; they knew nothing of it. The bar was the outside of the heap and had the number on it, and the initial letters of the merchants, T. P. for Thomson and Peters. The wharf belongs to John Greenwood and Edward Jones .
A man gave me the bar to carry to the farriers.
Guilty . T .
746, 747. (L.) JOHN DUNN and MARY MITCHELL were indicted for stealing a leather pocket book, value 5 s. two bank notes for a 100 l. each, a bank note for 30 l. and a bank note for 10 l , the property of Thomas Careless , Sept. 29 . ++.
Thomas Careless . On the 29th of September, about twelve o'clock at noon, I went to Guild-hall ; I had a pocket-book in my pocket, containing the notes mentioned in the indictment; I kept my hand on my pocket with as much care as I could, but some how my arms were pushed up, and presently I missed my book; it contained the bank notes mentioned in the indictment; I had not the marks of the notes; there was a draught besides and some memorandums.
Paul Pinnard . I deal in lace; on Monday the 5th of October the two prisoners came to my shop, near Covent-garden; they bought a piece of gold lace for a waistcoat for 14 s. they asked me to change a draught for 50 l. on Brown and Collinson, in Lombard-street; I said I would rather change a small draught; they then produced a bank note of 10 l. which I changed; when I came to enter it, I found it was part of two different notes, which did not correspond; I then set myself to recollect the conversation that had passed, in order to find out who the people were; I recollected the prisoner had said be bought some cloth in the Borough where he had taken this 50 l. draught, and he said his taylor lived in a street near Oxford-road; with great difficulty I found out the taylor, and by his directions I found out Dunn: he lodged in Dangfield-street, Oxford-road; he was taken up the next morning. He said before the Justice, that he received this 10 l. note with a 70 l. draught and 10 l. in cash in change for a 100 l. bank note; he had found in a pocket book of a man at the Rose at Maidstone.
- Hartshorn. I took Dunn into custody; I met with him at a hosier's; I told him I understood he had bought some lace at a gentleman's in New-street, Maiden-lane; he said he had not; I told him I would remind him that he had, and that it came to 14 s. he still said no;Mary Mitchell , who passed for Dunn's wife, and told her Dunn wanted her; she came to the Justice's; at first she said her name was Dunn; it came out afterwards, that her name was Mitchell; the account she gave, was, that as she was going into the city, she went to Guildhall in order to see Mr. Wilkes, and that there she found the pocket book; that she could not read or write; but found afterwards it contained notes; that no advertisement appearing in the paper next day, Dunn and she went into the country, in order to get these notes changed for money; Dunn acknowledged two 100 l. notes, and one 30 l. but as to the 10 l. note, if there was one, he knew nothing at all of it; he said he had changed a 30 l. note at a house in Bond-street; I searched the prisoners lodgings; I found there, 125 guineas, 37 half guineas, and 7 s. 6 d. in silver tied in a handkerchief; I found in the same lodgings, a brace of pistols loaded with ball; the Justice asked if this was all they had; Dunn said it was all; Mitchell said it was all, except what Dunn had in his pocket; the Justice asked about the pocket book; he first said it was made away with, afterwards they said they knew where to get it; they sent for it, and it was brought; the Justice asked Mitchell, whether it was a dirty day; she said it was a very dirty day; the Justice observed that there was no appearance of dirt upon it, upon which Mitchell said she had wiped the dirt off with her apron; she brought another woman there, who said the pocket book was washed with milk and water. (The pocket book produced.)
Prosecutor. I bought my pocket book that day; I believe this to be mine, it is of the same sort; I can't distinguish it by any particular mark, but I believe it is mine.
Mrs. Mitchell brought the pocket book home, and said she picked it up; I have followed the sea; and live now upon an allowance of my friends till I can get another birth.
He called a witness, who said Dunn had lodged with him four months; that he paid his way, but he did not know how he supported himself.
Mitchell, in her defence, said that she found the pocket book, in Guild-hall, the first day of the late poll for Lord Mayor.
She called Elizabeth Blacquire , who deposed that she went with Mitchell into the city on a Wednesday, that seeing a great mob at the corner of a Street in Cheapside, hearing that it was on account of the election of a Lord Mayor, she went into Guildhall with her mistress, Mrs. Mitchell, and saw her mistress pick up the pocket book; ( Margaret Lloyd , who said she was in company with them, confirmed her evidence.)
Both Acquitted .
See Dunn tried No 527 in the present Mayoralty, for stealing a watch, of which he was convicted, and was branded.
Edward Man . I am a farmer , and live at Poplar, near Black-Wall ; the prisoner lived with me till last Michaelmas; in all he was with me about eight weeks; I lost a pig from the sow last Saturday night, out of the sty; the sty is about 100 yards from my house.
Samuel Upton . I know the prisoner by sight. There were seven of us out a watching Mr. Basil's garden last Saturday night; about half after two on the Sunday morning, the prisoner came by with a pig on his left arm, and his his right hand over his nose; this was about a quarter of a mile from Mr. Man's; I stopped him and asked him what he had there; he said, what was that to me; I collared him, and called two more to my assistance; as we were taking
Q. to Man. Do you know it to be your pig?
As I came by the house, the pig was running squeaking about; there was no sow nor any thing, so I took it up.
Guilty , W . and Imp, two months .
749, 750. (2d. M.) JOHN JONES and JOHN LAMB were indicted for stealing two wooden keggs, value 3 s. two quarts of rum, value 3 s. a deal case, value 3 s. and eleven glass bottles, value 3 s. the property of Robert Donaldson , Oct. 6 . *
Robert Donaldson . I had two keggs with some rum in them (not full) and eleven bottles in a case, which had some rum in them likewise, in a warehouse at Bull Dock , Wapping; I put them there on the 4th of October, in the evening, and missed them the 6th; I found the two keggs, at Mr. Reeves's afterwards, and the bottles at Jones's house, and Jones acknowledged he and Lamb had taken them away.
Thomas Reeves . On the 6th Jones came to my warehouse, pulled out a small bottle of rum, and offered it as a sample of some he had to sell: I did not like it at first; Jones came again with Lamb in the evening; they sold me the two keggs of rum for 8 s.
- Reeves confirmed this evidence.
The prisoners, in their defence, both said they knew nothing of it.
Both Guilty . T .
Samuel Griffin . On the 13th of September I sold a boat; I had for it 9 l. 10 s. I put the money in my pocket; the prisoner was present and saw me receive the money. I was a little in liquor when I sold the boat; I staid drinking at the house two or three hours after I sold it; I went from thence with the prisoner to the Rose and Crown in Lambert-court. I was very fuddled; I do not know what passed; about day break next day, (Sunday morning) I found myself lying in the street upon the ground, in Monmonth-street. All my money was gone.
William How . I am a neighbour of Griffin's; he lives in Duke-street, Southwark; I heard he was come home after having staid out all night; I went to his house, there I found him lamenting the loss of his money. He having mentioned the prisoner being in company, we took him up; we met him in James-street, Covent Garden; Griffin went up to him, and said, Smith, where are you going? Smith answered, I am going to the house; Griffin said, what house? he said to the house where we were on Saturday night; so are we, said Griffin; the prisoner said I am going to clear up my point, for I am accused of taking your money: we all went to the house; a constable was in the house at the time; we gave charge of the prisoner; Griffin would have persuaded him to have acknowledged the fact, and to induce him to it, said he would not stand for a guinea or two if he had spent it, if he might have the rest; he denied it till he went before the Justice; there it was said he had made a confession, and had directed them to search for six guineas at his lodging, near the Old Barge house; accordingly I went, and in a shed where he had directed, I found eight guineas wrapped up in paper.
William Garland . I do odd jobs for a livelihood; Saturday night being a busy night, I was at the public house to help them; the two prisoners came in together both fuddled; they drank two drams a piece at the bar; while they were there I saw Griffin pull some gold out of his pocket; presently after Griffin set himself down upon the stairs and fell asleep; the prisoner stood by him a good while, at last I saw him put his hand into the prosecutor's waistcoat pocket; I saw him pull four or five guineas out of his waistcoat pocket; then he put the money into his right stocking, and then went away; Griffin staid some time, then staggered out; I did not know what became of him afterwards; I observed to my master, and said, I thought one was robbing the other; he said let them alone, they are acquaintances.
I took the money from him to take care of it.
Guilty of stealing, but not privately from the person . T .
752, 753, 754. (2d. M.) JANE LAWSON , spinster, MARY CASEY , spinster, and ANN OWENS , spinster, were indicted for stealing two silver watches, value 3 l. three silver seals set with cornelian stones, value 5 s. a metal seal, value 1 d. one steel chain, value 1 s. two metal watch keys, value 2 d. one silk handkerchief, value 3 s. and 1 s. 6 d. in money, numbered , the property of Alexander Blair , Sept. 16 . *
All acquitted .
Guilty 10 d. W .
756. (2d. M.) CHRISTOPHER CURD was indicted for stealing one silver stop watch, value 5 l. a gold medal, value 10 l. twenty plain gold rings, value 3 l. and a silver tea pot, value 40 s. the property of John Roberts , Oct. 6 . *
John Roberts . I have lately taken the King's Head tavern, the corner of Tower street; before that I kept a pawnbroker's shop , the corner of Cumberland-court, Drury-lane , and the prisoner was my servant . On Sunday the 6th of October, 1771, I had the stock looked over, to see if he had done me justice; he was trusted in my business; I found there was a deficiency in the stock and suspected him; a gentleman wanted to see a diamond ring he had pledged for twenty guineas; the prisoner pretended he could not see it because he had lost the key of the small till where it lay; I accused him for what we call the backsides of the trade, that is the profits, and he said he would make me full satisfaction on Monday morning; he came home about half after eleven, or a quarter before twelve o'clock; I was gone to bed; Greenwood let him in; I heard his voice, then I fell asleep; he went out again, and I did not hear of him for a twelvemonth; the next morning I ordered a smith to come and pick the lock of the till, and I missed a stop silver watch that was my own, a gold medal, twenty gold rings and a silver tea pot, that were pledged the latter end of August; I saw an advertisement from Southampton, with an information of a suspicious person that had a gold medal there. I got a warrant and went to Southampton; I found him there in gaol for debt; the sheriff would not let him be taken away that time, so I came up, and went down again for him, and brought him up, and he was committed at Hithe; I enquired after my property, and at Mrs. Rawlins's, a public house, I saw this gold medal; the last time I went down, I got intelligence that my stop watch was with one Mr. Everidge, at Hawley, near Southampton; I charged the prisoner with stealing the things; he said he was sorry for it, he could not help it, the Devil possessed him. (The medal produced.)
Prosecutor. To the best of my knowledge I believe it is the medal that was pledged with me. (The stop watch-produced.)
Prosecutor. I can swear this is my watch; the watch was put in the window for a show four or five months before he absconded.
On his cross examination, he said,
"there was a kind of an agreement between
"them in 1770 to come into partnership; that
"they were to have a partnership if the prisoner
"could raise money; that he took the house,
"and that the prisoner carried on the business
"for him during his confinement; that he was
"to give him fifty guineas for the first year,
"and if it answered, he was to give him a
"hundred guineas afterwards; that the articles
"of agreement for the partnership, did not
"say the prisoner was to find judgment only,
"but money too; that the articles were not
"signed; that he did not choose to enter into
"a partnership; that they opened a shop in
"November 1770, and the prisoner was to be
"his servant; that the prisoner took money
"out of the till to pay himself; that he told
"him he had taken out five guineas; that he
"did not mean he should have a share in the
"profit of the business; that he does not know
"that the house was advertised, but believes it
"was; that he does not know whether or no it
"was advertised in the prisoner's name; that
"it ought not to be in any but his own; that
"prisoner hired servants and discharged them."
Elizabeth Rawlins . I live at Hithe, near Southampton; the prisoner came down in the stagecoach to Southampton, and from thence to my house, about October last, I believe, I cannot remember particularly. He appeared in the character of a gentleman, and paid his way very well till he was arrested and put in gaol; this medal I stopped on account of his owing me some money for lodging and board; the medal he himself gave me to lay by; he owed me upwards of 20 l. while he was in prison he sent a letter to me to sell what I had in possession to pay myself; when I saw them, I rather scrupled how he should come by them; I consulted the rector of the parish, and he sent to Sir John Fielding , and the prosecutor came and claimed the medal.
William Etheridge . I live at Hawley; the prisoner resided at Mrs. Rawlins's, and there I became acquainted with him. After he was put in gaol at Southampton, he sent me a letter to come to him; I did, and he proposed to me to take some of these things in my custody. The stop watch was in the hand of one Michael Moses , a Jew; he desired me to pay the debt he owed him, and receive the stop watch from him; Moses delivered me the watch; after I had received the watch and paid the money, I went to the prisoner, and asked him if he wanted any more money on the watch, and let him have another half guinea.
Michael Moses . I live at Southampton; the stop watch was brought to me by the prisoner about four or five months ago to repair; he bought several things and said as soon as the watch was done he would pay me the money; Etheridge came and paid me the money, and I delivered him the watch.
Frances Swingwood . I was servant to Roberts while Curd lived there; we had a stop watch; I do not remember the maker's name, or the number; I took in a medal, I believe that is it. When I was hired it was by Mr. Curd; I asked him if he had any propriety in the business, and he said, yes; when I saw Roberts, I asked him if Curd was a partner in the business, and he said, no; then I said I am your servant. I always looked upon Roberts as the sole proprietor of the business.
Q. All money went through Mr. Curd's hands?
Q. How much property was there in stock?
Swingood. 2000 l. and an odd 100 l.
Q. You never heard that Curd was satisfied, or was to be satisfied for his trouble?
My Lord, he could not sign the articles because he was in confinement, but, if I could find sufficient bail. I was to go on with the business.
Q. to Roberts. Was there a bond given for his good behaviour?
Roberts. Yes, for his honesty.
Q. is that bond put in force against his security?
For the Prisoner.
Ridley Webster . I am landlord of the house; Roberts and the prisoner came together, and took the house to carry on the pawnbroking business. I understood that Roberts was to find money, and Curd the judgment. I heard there was an agreement when I had let them this house; I did not know but what they were to be half and half of the business, but some altercations arose about paying the rent, the housekeeping, expences, &c. and they desired my advice; I advised them to keep an account of the outgoings, for Curd to have his board out of the profits of the business, and then the profits to be reckoned, and Curd to have a third; that they both agreed to, and I never looked upon it but he was a partner.
Q. Do you remember seeing the business carried on?
Webster. Yes; I have asked him if he had got the articles signed; he said, no, he could not do it till Roberts was out of prison.
George Waiers . I have known the prisoner between four and five years; I never heard any thing against his character before. I have advanced two or three hundred pounds for the business; I understood Curd to be in partnership; I was paid it again part by Curd and part by Roberts; I would not have lent it on the account of Roberts.
John Linds . I have known the prisoner six years; I have lent him a great deal of money, and he has paid me very honestly; I always looked upon him as a partner in the business.
James Higley . I have known the prisoner three years; he is a very honest man I believe, or I would never have become his bondsman; I always understood he was Roberts's partner. I have been sued for the bond.
Guilty of stealing the watch . T .
757. (M.) GEORGE RYE was indicted for stealing a silver watch, value 25 s. a hat, value 6 s. a cloth coat, value 3 s. a pair of leather boots, value 5 s. and two pair of leather shoes, value 4 s. the property of William Owen , Sept. 1 . ||
William Owen . The prisoner has been my apprentice about two years and a half; when I got up on the 17th of September, I went to seek for him, as he was not in his bed. I missed my watch, and then my coat, a pair of boots, and two pair of shoes. I found the prisoner next day in Smithfield with my watch upon him.
Henry Lenox . I went with Mr. Owen in search of his apprentice, whom he told me had robbed him; we found him in Smithfield; he gave me the watch, and told us where he had pawned the coat. (The coat produced by the pawnbroker, who deposed that he took it in of the prisoner.)
The prisoner said in his defence, that his master used him ill, therefore he ran away and took the watch.
Guilty . T .
759. (2d. M.) WILLIAM HERBERT was indicted for that he, on the king's highway, on William Yateman , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one watch, inside case base metal and gilt with gold, and the outside shagreen case, value 20 s. and 5 s. in money, numbered, the property of the said William , May 10 . ++
William Yateman . I am an upholder , and live in Castle-street, Oxford-market; on the 10th of May, between ten and eleven at night, going up Dean-street , into Oxford-road, within about a dozen yards of the end, I was attacked by three men; one came running after me first, and he stopped me, presented a pistol to my head, and demanded my money; seeing but one, I did not immediately comply; after him came up another, and then a little lad, about fourteen or fifteen I suppose: the first clapped a pistol to my head, when the others came up and swore, if I did not deliver my money immediately, they would blow my brains out; I gave him 5 s. and said that was all I had; upon that one, which I take to be the little one, came up to me, and took my watch out of my pocket, as I suppose, I did not feel it at the time, I only missed it afterwards; I was going forward; the biggest put his pistol to me again, and ordered me to go down Dean-street; I told him that was not my way home, but to oblige him I would go that way; he walked with me about ten or a dozen yards; then he ran away, and I saw no more of him. I went and lodged an information at Sir John Fielding 's. I took particular notice of one of them; I do not remember the prisoner; one of them stood off the curb, which I suppose to be the prisoner; I should know the other two if I saw them.
Q. Was you sober?
Yateman. Yes, very sober. There was a lamp pretty near me; my attention was mostly taken up by the man that presented the pistol.
Q. Had the others pistols?
Yateman. I think the little one had, he had something in his hand.
John Dinmore . The accomplice made an information at Sir John Fielding 's: I took the prisoner in Vinegar Yard, and carried him before Sir John. The prisoner's sister had made information that she had the watch of her brother; I went to Lambeth to her, and asked her where the watch was; she said she had sent it to pledge at Mr. Kitcherman's; I found it there. The sister was brought before Sir John, and acknowledged having the watch of her brother.
Margaret Green . I am a watch-maker, and live in St. Martin's-court; the prosecutor called at my house, and desired me to see if that watch, the name, and number, corresponded with the watch I repaired for him; I looked in my books, and saw a watch entered of the same name and number, with Mr. Yateman's name against it.
Q. What trade is your brother?
Gardner. A watch-maker.
Q. How long had you had it before you gave it to Kitcherman to pawn?
Gardner. A week or fortnight.
Christiana Kitcherman . I live in King-street, Covent-garden; I received a watch from the prisoner's sister, about the 29th of May; I asked her to lend me a guinea; she could not, but lent me this watch to pledge, which I did for 16 s. at the corner of Bow-street. I took it out and returned it to the constable. (The watch produced by the constable.)
Prosecutor. This is my watch; it is in a studded case now; it was in an old plain outside case when I lost it.
Q. How long have you been in this way?
Craven. About three-quarters of a year. About five months ago, John Waters , William Herbert and I, went out to see if we could find any body to rob; we went into the road; we did not meet with any body till we met with the prisoner in Dean-street, Soho; it was about eleven at night; I went up to him, stopt him, and demanded his money; then Herbert came up and took his watch, and Waters took his money; then we all three went home to our separate lodgings. I kept the watch that night.
Q. What money did you take from him?
Craven. Five shillings in silver. Herbert came up to me next morning, and asked me what we should do with the watch; I told him he might have it himself, and being a watch-maker, he would best know what to do with it; it was reckoned at 16 s. and he gave Waters and me our share of 16 s. and took the watch; it was in a sort of a fishskin case; it was an old case, the skin was wore in the rims. I saw Herbert next day; I asked him what he had done with the watch; he said he had got a new case, and had sold it to his sister for 18 s. John Waters was capitally convicted in June sessions.
Q. What size is he?
Craven. Much about my size *, and he is about twenty years old I believe.
* A middle size.
Q. Did you ever rob with any boy?
Craven. No, never.
Q. to Prosecutor. What did you say about the boy?
Prosecutor. One stood off the kirb stones and he appeared to be very little; I took him to be fourteen or fifteen years old.
I saw Craven once or twice in the public house; one day going down King's-street, Seven Dials, I met him and another young fellow not quite so big as myself, rather lustier; Craven asked me to go and drink with him; whilst I was drinking, they said they wanted a little money; he asked me to lend them 16 s. upon his watch; I said I would if he would come to my father's for it in a fortnight, and I gave him a direction; he did not come; I went to my sister and got her to let me have 16 s. on it, the same money that I had given him; I had no concern in taking the watch from the gentleman. Craven lives with Elizabeth Siday who cast Waters; I met her once in Holborn; she told me Craven was taken up for picking of pockets, and asked me to go and see him, and give him some money; I would not; she said she would put him in a way to get some money, and make Waters and me see him; Waters was here yesterday to testify that I was not one of them.
For the Prisoner.
Q. You don't know much of him I fancy?
Braithwait. Not lately; I knew him five or six years ago; he bore a good character in his apprenticeship.
Guilty Death . Recommended .
See Waters tried for a highway robbery, No. 440, in the present mayoralty, when he was convicted, but afterwards obtained a pardon.
Robert Spence . I am a journeyman watchmaker ; I was going home to my lodging on Colledge-hill, on the 10th of October, about eleven o'clock at night; there three men crossed upon me; as I was turning the corner, by the burying ground, they jumped before me and desired me to stop; I asked them what they wanted; they said they wanted my money; I told them I had got none; then one of them presented a pistol to my breast, and swore if I spoke another word, he would blow my brains out; I turned the pistol away from my breast, and struck at one of them; then the other seized my arm, and wrested my cane out of my hand; I pushed one of them off the pavement; he went to strike at my head but missed it; he took away my hat. I got clear of the other that had my arm; I stept two or three steps back again, and called the watchman; then they run off; I pursued them and took the prisoner.
Q. How far had he got before you took him?
Spence. To St. Thomas the Apostle; he was never out of my sight.
Q. How many yards was he before?
Spence. About twenty; they dropped the cane in Queen-street as they run along, my hat was picked up where the prisoner was stopped.
Q. If you had not stopped the prisoner should you have known him to be one of them?
Spence. I believe not; I could not take notice of him while he was robbing me, because they were not long about it.
Q. Could you distinguish the faces of the people that robbed you?
Spence. Yes, this is the tallest of the three; it was a short man that had the pistol.
Q. Are you sure the prisoner is one of the three that attacked you?
Spence. Yes, they never were out of sight before the prisoner was stopped.
Q. Did you take notice of his face when he robbed you?
Spence. No; he had blackish coloured cloaths.
Q. Was you sober at the time?
John Nightingal . I am a watchman in Cloak-lane; as I was crying the hour eleven, I heard the cry of, stop thief! I run out of Blunderbuss-alley, in Cloak-lane; I run a-cross the way and saw a man running from Dowgate-hill towards Queen-street; as I was going cross the way, they snapt a pistol at me; two passed by me; then I saw two more. beside the people, running after them; the two that followed me, turned me round, and got clear; I was not at the taking of the man. I went back to my stand.
Percival Phillips . I was in St. Thomas Apostle; about eleven o'clock I heard the cry of, stop thief! I saw this man and stopped him; I took him to the watch-house; I found a watch upon him; the hat and the cane was brought to the watch-house by some strangers.
I was going to call at No. 7, in Cloak-lane; as I turned down the lane, I heard somebody cry, stop thief! and like the rest, I run along. I deal in nankeens .
For the Prisoner.
Prosper Perry. I am a peruke-maker in Black Lion Yard, Whitechapel. I have known the prisoner between seven and nine months.
Q. How does he get his living?
Perry. I believe going on board of ships, and buying china and things, and selling them. During the time I have known him he has behaved very discreet as to honesty.
James Whaley . I buy and sell breeches; I keep a breeches-maker's shop, No. 2, Gracious alley, Wellclose-square; I have known the prisoner between four and five years; he bore a good character at the time I first knew him, and has ever since; he was a vintner and wooden bottle maker, near Rosemary-lane.
Q. to Prosecutor. Can you say you kept him fairly in sight while you pursued him?
Prosecutor. Yes, I can.
Guilty . Death .
(L.) He was a second time indicted for that he on the king's highway, on James Calder , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 40 s. a steel chain, value 6 d. a cornelian seal, value 1 s. 6 d. a brass key, value 2 d. and 6 s. in money, numbered, the property of the said James , Oct. 10 . ++
James Calder . I am clerk to Messrs. Roger, Hobb and Kinlock, merchants in Basinghall-street; I was robbed the 10th of October, about eight o'clock at night, in Church alley, between Basinghall-street and Aldermanbury ; I was attacked by two men, one of them seized me by the collar, the other presented a pistol to my mouth, and demanded my money, and I believe they said my watch, but: am not very certain; I was going to remonstrate, but when I attempted to speak, the man with the pistol swore if I made the smallest noise he would blow out my brains; a third person came up, and they risled my pockets; one pulled out my watch, another took some silver out of my pocket, about ten or twelve shillings; then they all turned towards Basinghall-street; I followed them; when they saw me following them, they turned round upon me, and desired I would go the other way into Aldermanbury, and told me there were two men there that I should meet when I came to the turning of the alley, and that I must tell them I had seen them, and they would let me pass; I stood delibrating what I should do, whether I should follow them or go through; one called out, they will do you no harm, tell them that you have seen us, and they will let you pass; then I went on the way into Aldermanbury, and just before I came to the turning, a yard or two, one of the three hollowed out, let him pass; when I came to the corner, I saw one man going round the other way: there is a passage all round the church, and I went clear through.
Q. What chain was there to the watch?
Calder. A steel chain, a cornelian seal and a key.
Q. Could you discern their faces?
Q. Do you know any thing of the prisoner?
Calder. His size and dress corresponded with the account I gave of him before he was taken; I believe he is one of the persons from the circumstances that followed, his being dressed in black, and about my size, and the circumstance of his being taken the same evening, and my watch found upon him.
Percival Phillips . I took the prisoner the same evening in St. Thomas Apostle; when I got him to the watch-house, I searched him, and found this watch upon him (producing it;) he said it was his own and he had had it some time; I said if it was his own, he should have it when he came before the magistrate; I went next morning to Sir John Fielding 's to see if it was in his books, and the gentleman was come there to give an information of it.
Prosecutor. I can, swear to the watch, to the seal and chain, but not to the key.
I was at Wellclose-square at eight o'clock; going to Temple Bar, I called at the Magpye in Fenchurch-street, and gave six pieces of nankeen and half a guinea for the watch.
For the Prisoner.
- Whaley. The prisoner came to my house about three quarters after seven that evening, and brought a man to be measured for a pair of breeches; I took him and the man to the Magpye alehouse, and we all staid there till half after nine in the evening; they said they were then going to the other end of the town.
Q. Are you sure it was before eight when he came?
Whaley. Yes, I am sure it was a quarter before eight or better; he was not out of my sight a minute except to make water.
Q. When did you hear he was taken?
Whaley. The next Friday.
Q. How do you recollect the night?
Whaley. It was Saturday night, and I keep shop open late that night. I buy and sell breeches; I am not a breeches maker, my partner is.
Q. to the Prosecutor. What night was you robbed?
Prosecutor. Saturday the 10th of October.
Q. Are you sure as to the time?
Prosecutor. Yes, it was eight o'clock; it was not five minutes more or less.
Guilty . Death .
762, 763. (M.) JOHN SAVAGE and EDWARD MACDONALD were indicted for that they on the king's highway, on Samuel Baseman , did make an assault, putting him in corporal fear and danger of his life, and stealing
Both acquitted .
764, 765. (M.) JAMES KENNEDY and JAMES DIVETT were indicted for that they on the king's highway, on Thomas Morse , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a gold watch, value 10 l. and two cornelian seals set in gold, value 10 s. the property of the said Thomas , Oct. 12 . *
Thomas Morse . Last Saturday se'ennight as my wife and I were going to our house in the king's road, Fulham, about half after six in the evening, when we were within about 150 yards of Fulham-bridge , three men with pistols and a hanger came up to us, and bid us deliver; one presented a pistol to me, and the others presented a pistol and hanger to my wife; I gave them my watch; my wife was going to deliver her money, but a horseman coming, they bid us good night, and went a-cross the field; one of them was shorter then the other, which I took to be the boy.
Nicholas Bond . The night this gentleman was robbed, I had been at Carey-street; I was informed there, that a robbery had been committed that evening in the King's road; I went and searched some suspected houses; I could not make any discovery upon the search, but going accidentally up West-street, near the Seven Dials, I saw the two prisoners on the other side of the way; I did not know them, but seeing them stand in the street, looking at something they had in their hands, I went up to them, put my hand round them, and said, how do you do my lads? I saw this watch in Kennedy's hand ( producing it;) I took it from him; I asked him how he came by it; he said Divett found it; I took them into custody. As we were going along I asked Divett how he came by it; he said Kennedy found it. I searched them, but I did not find any arms upon them: I found three cartridges of gunpowder upon Kennedy. The next day one Wadley, an accomplice, came to Sir John Fielding , at Brompton, and voluntarily surrendered himself.
Charles Wadley . The two prisoners and I met together, at the White Horse, the corner of St. Ann's-lane, Westminster, and then we came to a further determination to go a robbing; we staid in the house about an hour, and then went out; I and Kennedy had each a pistol, and Devett had a cutlass: the pistols were Kennedy's, the cutlass was mine: I bought it before of a man the corner of Fleet prison. When we got out of the house, we went first into the fields; there we loaded the pistols, staid in the fields till dark, and from thence went into the King's road, towards Bloody-bridge; we got clear of the houses: we heard somebody cough in the road before us, therefore Kennedy and I ran forwards as fast as we could; Divett followed us at a little distance; when we came up, it was Mr. Morse, and he had a lady with him: I presented a pistol to him, and stopt him; he pulled out his watch directly: Kennedy presented a pistol to the lady; she said she had but sixpence; he said he would not take that, and we made off immediately a-cross the field; Divett came up before we had done; he drew his cutlass and put it between the man and woman; we went first towards Hammersmith; then we came through Kensington to Westminster; Kennedy took the cutlass and pistols and carried them to his lodgings; then Kennedy and I agreed to go together directly to sell the watch; I had the watch in my pocket all this time; Kennedy said at the top of West-street, that he had no seal to his watch, and he wished to have the seal from the gentleman's watch; I took out the watch and delivered it into his hand: immediately as he got the watch, he and Divett crossed the street; I remained on the side I was on, and I saw a man come up and take Kennedy and Divett, upon which I made off directly. Our intention was to have sold the watch in Monmouth-street; we were in our way there when they were taken up. I was informed by my brother, that Kennedy had told my name, and where I lived; therefore I thought it would be the safest way to surrender myself; accordingly I went next day to Sir John Fielding 's and surrendered.
Henry Wright . I am a turnkey at Tothil-fields Bridewell; the two prisoners were brought to our prison; I lay in the next room to the prisoners; after they were gone to bed, I heard Divett say to the people in the room (for I knew his voice) that it was very lucky for him that he had just delivered the watch to Kennedy. The next day one of the prisoners in that room came and told me, that the arms were locked up in Kennedy's house, and he informed me whereCharles the wheeler.
Q. to Wadley. What are you?
Wadley. I am an apprentice to a wheel-wright.
John Bates . I assist Mr. Wright in the jail; I had been confined for a bastard child; I lay in the room with the prisoners; I heard Kennedy acknowledge being in the robbery, and that Divett, and Charles the wheeler, were concerned with him. Kennedy gave me the key of his box, which I gave to Wright.
I happened to be in company with these men: the pistols and hanger all belonged to Wadley; I put them into my box by his desire. Wadley gave the watch into Divett's hand and desired me to look at it.
I know nothing of the matter; I happened to be speaking to Kennedy, and these people came and laid hold of me, and they took a watch from Kennedy.
Kennedy called ten witnesses who spoke of his being out of the way for a week or fortnight past, but before that time, they all said he behaved extreamly well.
Both Guilty . Death .
766, 767, 768. (.) MARTHA SMITH , MARY HUSSEY and MARY THOMPSON were indicted for stealing a pair of silver knee buckles, value 3 s. and a stone knee buckle set in silver, value 2 s. the property of Benjamin Wansley , Sept. 17 . ||
Benjamin Wansley . I lost a pair of silver knee buckles, and an odd stone knee buckle; I saw them where they were pledged; the silver ones were in the possession of William Marsh , the stone one in the possession of John Gant ( produced and deposed to by the prosecutor.)
John Gant . I am a pawnbroker, in Brick-lane, Spital-fields, the corner of Bush-street; this stone buckle was brought to me by Martha Smith on the 18th of September. The evidence says she was at the door the while I saw her, when she went out to speak to somebody, I don't know who.
Prosecutor. They were taken out of a shew glass.
I have nobody to speak for me.
SMITH, Guilty . T .
HUSSEY, Acquitted .
THOMPSON, Acquitted .
All three acquitted .
SMITH, Guilty .
THOMPSON, Acquitted .
769. (L.) TERENCE HINES was indicted for stealing a leather portmanteau, value 5 s. a cloth coat, value 20 s. a cloth waistcoat, value 5 s. a pair of worsted knit breeches, value 3 s. and a pair of linen drawers, value 10 s. the property of William Wollaston , Esq ; and three linen shirts, value 20 s. three linen neckcloths, value 10 s. two pair of cotton stockings, value 10 s. one pair of worsted stockings, value 1 s. and a pair of mens leather shoes, value 2 s. the property of John Stearne , Oct. 7 . ++
John Stearne . The things were packed up in my master's portmanteau, in Suffolk, and were sent by the Stow market waggon, to the Ipswich Arms in London.
- Parsonage deposed, that the portmanteau arrived at the Ipswich Arms on the 7th of October; that he put the portmanteau into a coach, to take it to Wimpole-street, and that he rode upon the box; that when be came to deliver it, the portmanteau was missing; that when he got home, he found the prisoner in custody.
James King deposed, that about seven o'clock of the same night that the portmanteau was lost, he saw the prisoner bring it into Leadenhall market, and endeavour to hide it, when he observed the witness watching him; that he asked him who the portmanteau belonged to, and the prisoner first said it was his master's, but upon his insisting to go with him to his master's, he frankly confessed he had stole it.
The constable produced the portmanteau, &c. which was deposed to by Stearne.
The prisoner said in his defence; that he found the portmanteau; that he was in liquor, and did not know what he said to King.
He called several witnesses, who gave him a good character.
Guilty . T .
James Hodge . I am a carpenter ; I lost my saws on the 15th or 16th of September, from a new building I was at work upon, in PoorJewry lane ; they were taken away whilst I was at dinner. I was sent for to the Mansion-house; there I saw my saws.
John Ray . I was at dinner in a public house; I saw the prisoner walk by the buildings; he came back again, and took a tenant saw from a nail, and a hand saw from a bench; I went up to him and stopt him; he had the saws on his arm. I took him to a constable. (The saws produced and deposed to.)
I was really in want, and had been ill a great while; I did it through necessity; I am a carpenter .
Guilty . T .
Guilty . T .
Riches Reed. I am a labourer , and am employed to keep order in St. Paul's church ; the prisoner came into the church as soon as the door was open, and sat upon the bench; I laid my hat down in a nitch there; I took notice the prisoner drew near to where my hat was; I communicated my suspicion to one of the porters; at length I found the prisoner going off with my hat; I followed him; and took my hat from him as he was going to the West door.
I did not intend to steal it; I thought it had been left there by somebody or other who had been sitting there; I took it up meaning to find out the owner. I am a soldier .
Guilty . T .
773, 774, 775, 776. (2d. M.) FRANCIS TALBOT , LYON LYONS, otherwise LEVI LYONS , JOHN FOWLER and ANN WILSON , spinster , were indicted, the first three for breaking and entering the dwelling house of John Williams , on the 30th of August , about the hour of one in the night, and stealing six silver watches, value 10 l. thirty gold rings, value 7 l. eighty silver tea spoons, value 6 l. three silver milk pots, value 30 s. thirty pair of silver shoe buckles, value 4 l. and one mocoa ring, value 2 s. the property of the said John, in his dwelling house , and Ann Wilson , for receiving the mocoa ring, well-knowing it to have been stolen . ||
All acquitted .
Henry Faulkner and William Zachary , Sept. 18 . ||
Henry Faulkner . I received a letter from Sir John Fielding , on the 17th of September, informing me, that one of my servants had proposed to sell some linen, from whence it was suspected that it was stolen from us; I went to Sir John's; it was there agreed that one of the persons employed by Sir John should come with a Jew, who had given this information, and he was to pass as the brother of the Jew, that should buy the linen in order to convict the man, and it was agreed, that the Jew, and the other man should come at six o'clock the next morning. The porter came in as usual, and had the key of the shop; immediately upon his having the key, I got up; when I came down, upon the bell being rung, I saw the Jew, who was afterwards produced at Sir John Fielding 's with three pieces of linen; I had no doubt but they were my property; they agreed in number with those that were lost.
Q. Was the prisoner employed by you to sell goods?
Faulkner. No; he was not employed by us to sell goods, but merely as a porter to carry out parcels, and open the shop in the morning.
Barnard Barnard . The linen now produced has been in my custody ever since; it is the very linen I received from the prisoner, going by in the morning to cry for "old cloaths to sell;" the prisoner told me he had no old cloaths, but he asked me if I would buy any new linen, to which I said, yes; I did not mean to buy them; this was about seven in the morning, the usual time for my business; the man appointed me to come next day at five o'clock; I thought that circumstance alarming; I went to Sir John Fielding 's for advice; when I got to Bow-street, I saw there Halliburton; I asked if Sir John was there; he said no, but Justice Keeling was; I told Justice Keeling the story; as I could not describe to the Justice the exact situation of the house; it was agreed that Halliburton should go with me to see the house; I shewed him the house. The next day Halliburton and I went together; the prisoner brought these three pieces ( producing them;) I agreed with him for the price; I put them into my bag, and then told him I had not money enough about me, but would get it of my brother; I went to the door and called in Halliburton. When I went to the prosecutor's house, I found the shop door shut and the side door open. When Halliburton came in, he rung the bell; the prisoner said to me, make haste before my master comes down.
The Jew asked me if I had any new cloth to sell, I said I had nothing to sell but old shoes; I went down the next morning to look for the shoes; whilst I was gone, the Jew cut the string of the pieces of cloth he has spoken of, and put the pieces in his bag; I told him I would not sell him cloth upon any account.
He called fourteen witnesses, who gave him the best of characters.
Guilty . B .
778. (L.) ROBERT BERRY was indicted for breaking and entering the dwelling house of John Elsmore , on the 25th of September , about the hour of two in the night, and stealing a hat, value 2 s. a great coat, value 10 s. and 28 s. in half-pence and farthings, the property of the said John in his dwelling house . ++
The record of his conviction was read, by which it appeared that he was convicted last October sessions, for stealing a silk handkerchief, and received sentence to be transported for seven years.
(See No. 742 in the last mayoralty.)
John Clarke . I assist at Sir John Fielding 's at times; I have known the prisoner about two years and a half; he was convicted last October sessions, I think, for picking a gentleman's pocket in St. Paul's Church Yard, of a silk handkerchief; I was in court at the time of his trial; he was found guilty.
Q. Did you see him receive sentence?
Clarke. No; I was not present at the passing sentence.
Q. Do you know any thing of his being at large since that time?
Clarke. The first time I saw him, after he returned, was in Wood-street Compter.
Percival Phillips . I saw the prisoner on Holborn-hill, on the 9th of this month, in the morning; I sent a person to tell him if I saw him any more I would take him up. I saw him again in Holborn that night picking of pockets.
I am not guilty, my lord; I have a cousin of my name that has been to sea: I cannot say whether he was transported or went to sea with his own consent; I am not the person that was transported: I work very hard for my living; I am not the person they take me for; I sailed in Capt. Ward's ship from Nevis. I have no friends here at present.
Guilty . Death .
780. (L.) JOHN BOYCE was indicted for stealing a fish skin case, value 1 s. a pair of steel shoe buckles, value 10 s. a pair of steel knee buckles, value 5 s. and a steel stock buckle, value 5 s. the property of William Price , Aug. 14 . ||
Guilty . T .
782. (2d. M.) WILLIAM HALL was indicted, for that he, on Mary the wife of John Norman , did make an assault, with intent the money and effects of the said John, from the said Mary to steal , Oct. 3 . *
It appearing on the evidence that the prisoner was insane, he was acquitted, and the court gave directions that proper care should be taken of him .
786, 787. (2d. M.) WILLIAM HERRING and MARTHA TAYLOR, alias CLIFFORD , were indicted for feloniously taking, with an intention to steal, a linen sheet, value 3 s. two blankets, value 4 s. a copper teakettle, value 6 d. a brass candlestick, value 6 d. a linen window curtain, value 3 s. and a copper saucepan, value 6 d. the said goods being let to them, to be used by them in a ready furnished lodging, the property of Thomas Bowles . +
788, 789. (2d. M.) JOHN CLARK and GEORGE MESSERY were indicted, the first for stealing three mahogany planks, value 24 s. the property of Richard Clark , and the other for receiving the said planks well-knowing them to have been stolen , Sept. 30 . +
Both acquitted .
790, 791, 792. (2d. M.) JAMES LEVER , JOHN BURKS and GEORGE RIMER were indicted for stealing three silver salts, value 27 s. and one silver milk ladle, value 2 s. the property of John Stears , Oct. 15 . +
(The witnesses were examined apart at the request of the prisoners.).
John Stears . I keep a cutlery warehouse, and sell plate , in the Strand, opposite Hungerford-market . I was at work in a little shop in my yard, when I was informed the shop had been robbed; I came into the shop and found a pane of glass broke in the window, and I missed the plate mentioned in the indictment; Mr. Oxlade told me he had taken notice of the boys, and should know them again; we went down to Charing Cross but could not find them; when I came back, I found a mob about my door, and Mr. Oxlade came and told me, the three boys that had stole my plate were on the other side the
George Oxlade . On Thursday night the 15th of this month, as I was going down the Strand, towards Charing Cross, on the left side of the way, I saw Lever sitting against a post, close by the oil shop, at the corner of Hungerford-market; when I came up to him, he gave a loud cough; the street was very clear at that time, and I was apprehensive they were going to do something to me; I immediately looked round and saw the other two lads cross from the silver-smith's shop which is opposite; I made a little stop, Lever passed me, and then the other two prisoners came and gave something to him; then they went all together under a gateway. I went over the way to watch them; I waited a little while, and the two boys returned to the shop window; I then crossed over towards the of shop, and I saw Burks go to the corner of the window; Rimer continued standing in the middle, looking very hard into the shop; I was very confident I saw the least boy's hand through the glass; somebody coming past they were interrupted, and walked on towards the city; then I crossed over, and walked gently by the shop to see if the glass was broke; I perceived a hole in the corner pane that appeared to be broke or cut out; there was just room to put a hand in; then I went into the oil shop and told them what had happened, and said I would wait till they returned; I waited about a quarter of an hour; they did not come; then I went and alarmed the prosecutor; he went with me to Charing-Cross; we parted at Northumberland house; just after parting with Mr. Stears, I saw the three prisoners coming together, as from White-hall; I was on the opposite side of the way; I returned and kept opposite to them; when I came to Mr. Stear's shop, I informed him the boys were on the other side the way; we pursued them, and took Burk and Rymer.
James Mathews deposed, that he joined in persuit of the prisoners; that he apprehended Rimer, who at first pretended to be exceeding drunk; that he took him to the prosecutor's where he appeared to be very sober, and was very abusive, and that he, after Lever was in custody, went to see him in the Round-house, and was certain he was one of the three persons they pursued.
Elizabeth Cameron deposed, that passing by the prosecutor's shop, she saw Burk and Rymer at the window, who were swearing at each other and mentioning the particular pieces of plate they chose; that suspecting their design, she spoke to them, and they threatened to ill treat her and followed her.
Lever said, in his defence, that seeing a mob, he followed some of them to the Round house that there be was accused of bring one of them, and was taken into custody.
Rimer said, that he was going on board a collier; that he went to Limehouse to meat a person; that on his return he met Burk near Exeter-change in the Strand; that he agreed to go with him to Charing-cross, and that on their return, he was taken into custody.
Burks said his sister sent him to Charing-cross to enquire if the Greenwich stage was came in, and that in his return home, he was charged with this fact.
All Guilty . T .
See Burks tried No. 109, and Rimer No. 12, in the present mayoralty for burglaries.
793. (2d. M.) ALEXANDER KENNEDY was indicted for falsely making, forging and counterfeiting, a certain false, forged and counterfeit writing obligatory, purporting to be a bail bond for 130 l. and to be signed by John Farmer , William Bowman and John Stephens , with intention to defraud John Wilkes and Frederick Bull , Esqrs.
James Blake . I am a journeyman taylor ; on Monday the 10th of this month, I was going from London to Edmonton, to work with one Mr. Holland who lives there. A little on this side Kingsland , two men overtook me, who I believe are the prisoners; it was dark; I did not take notice of their faces, but their shape and size are alike; after they had passed me, I walked on fast to keep up with them for safety; I overtook them, and said, good night to you; I asked them how far they were going; they told me they were going to Tottenham; I said I was going to Edmonton; we walked on till we got through Kingsland; I had not got far from the town, when one of them got on each side of me; that was by a gate going into a field, and they bid me deliver my money.
Q. Did they produce any weapon?
Blake. No: I told them they had met with a bad bargain, for I had no money; one of them laid hold of my coat, and asked me what I had in my pocket; I told him it was a shirt; he said a shirt would be of service to him; he put his hand into my coat, and then into my breeches pocket; the other held me by my neck; then they bid me strip off my coat and waistcoat; I was sometime in getting them off, the sleeves being tight, upon which the lusty man swore to the other, and said he would blow out my brains if I did not make haste; they took my coat, waistcoat, hat, shoes, a silk handkerchief and buckles; then they went off into the field; some people afterwards helped me to some cloaths out of compassion, and the next day I went to Edmonton, and worked with Mr. Holland; on the Thursday following, two men (Flanagan and Dawson) came to me from Mr. Wilmot's; I went to Mr. Wilmot's, and I found the prisoners there in custody, and my coat and waistcoat were brought there. (The coat and waistcoat produced and deposed to by the prosecutor.)
Charles Flanagan and Samuel Chapman deposed, that William Assent , who was accused of some other offence, gave an account of this robbery; that he gave them direction to the prisoners lodgings; that they went according to those directions, and took up the prisoners; that they asked upon whose information they were apprehended; upon lying informed it was on the information of Assent, Holmes said, Godstone you know of more robberies than he does, if you be admitted an evidence you may save yourself and me.
(The pawnbroker was called but did not appear.)
Q. to the prosecutor. Are you able to speak as to the persons of the prisoners?
Prosecutor. Their cloaths and their make are like the persons that robbed me; I believe they are the men.
The prisoners, in their defence, said, they were innocent of the charge, and each called a witness to his character.
Both Guilty . Death .
See Holmes tried No. 411 and 500 in the present mayoralty.
797. (2d. M.) NICHOLAS LETELIER was indicted for stealing a cloth coat, value 30 s. a cloth waistcoat, value 7 s. a pair of cloth breeches, value 6 s. a pair of thread stockings, value 3 s. and a hat, value 5 s. the property of Griffith Rees , Oct. 19 . ||
Eleanor, the wife of Lyon Morenia , deposed, that she sits to clean shoes on the Hermitage Bridge ; that she went to carry some shoes home to a customer, and upon her return missed two pair; that her child seeing the prisoner with the shoes under his arm, cried out, stop thief! upon which be was secured.
William Windall deposed, that he saw the prisoner drop the shoes, when Thomas Snowden took him.
(The shoes produced and deposed to by the prosecutrix)
My Lord, I am not guilty.
Guilty 10 d. W .
Second Count for stealing another guinea, Jan. 15.
Third Count for stealing a half guinea, March 16 .
Fourth Count for stealing another half guinea, April 20 .
Fifth Count for stealing one shilling and six-pence, April 27 .
Sarah Townsend deposed, that the prisoner was her servant a twelve-month; that she often missed money belonging to herself and Peter Paps , out of her drawer, and that in the month of April or May, she found a key in the prisoner's pocket, which would open the drawer, out of which she missed her money; that she got twenty shillings and some pieces of gold marked, and put them in the drawer; that she missed a marked shilling, and afterwards found it returned to the drawer; that she accused the prisoner, who confessed that she had taken the marked shilling which she had returned again, and that she had also taken eighteen-pence before that.
The prisoner, in her defence, said, that the money she had spent was lest her by her grandmother.
She called no witnesses to her character.
Guilty . T .
- Clark deposed, that when the prisoner was taken, be confessed that he had stole the spoons, and said his mother should restore them, which she did.
The prisoner said nothing in his defence.
Guilty . T .
801. (M.) JOHN WILLIAM LEO was indicted for stealing a pair of silver candlesticks, value 12 l. a pair of silver snuffers, value 40 s. and a silver snuffer pan, value 30 s. the property of Constantine Touling , Sept. 28 . +
Constantine Touling . I am a goldsmith , in Duke's-court, St. Martin's-lane; the prisoner came to me on the 28th of September, and asked me if I knew one Captain Heley; I told him I did; then says he, I am right, Capt. Heley has recommended me to buy some plate; he asked to see some candlesticks; I shewed him several patterns; he pitched upon a pattern, and desired me to send them home, with a pair of snuffers and snuffer pan, according to his direction, at No. 7, in Buckingham-street, York Buildings . I weighed them and the candlesticks came to 12 l. 13 s. 10 d. the snuffers came to 2 l. and the snuffer pan to 2 l. 19 s. he went away and I put them in a green bag, and took them to his house; he told me his name was on the door; I saw Leo on a brass plate; I supposed he was the master of the house; I went into the house, and one Simon Ward was in the fore room; the prisoner was in a side parlour; I went in to him; he asked if I had the plate; I told him, yes; he looked at it, and asked me if I had made a little account of it; I delivered him the bill, he looked at it, folded it up, and laid it by him; he pulled out a red moroco pocket book, and offered me a draught from Colchester, drawn by Thomas Harrison of Colchester; I looked at it, and told him I did not like any draughts whatever; he said it was a good draught, he had received it but a little while ago from the country; I told him I did not approve of such a payment, that if he paid ready money, I had not above half a guineaRobert Holloway to the door, and made a great noise, and said, do you detain a friend of mine! I would run you through the body if you served me so; he said he would serve me to-morrow with a King's Beach writ; well said I, but have you my plate, or will you pay for it? he said, no; I then took the prisoner before Justice Welch; there he said he had sent the plate into Dorsetshire, to one Capt. Robinson. The Justice said to Holloway; I know you, give the candlesticks back; and the Justice desired we would go to the door, and see if we could settle matters; at the door he said, what must we do? I said I must have my money of my candlesticks: says Holloway, I never will propose a thing but I will stick to, and upon my honour you shall have the plate on Saturday; I said I will not take your word for two pence, so Holloway asked Leo to produce the note; Holloway looked at it and said it was not worth two-pence, and the prisoner was committed; the next morning Nicolls came to my house, about half an hour after seven, and said it is a sad affair, I can tell you where Ward lodges, and he pawned the candlesticks; we went to Ward's lodgings, and his wife said her husband had pawned some candlesticks for Mr. Leo, at Mr. Trip's, in St. Martin's-lane. we went there, and Trip said they were pawned there the day before. (The plate produced and deposed to by the prosecutor.)
On his Cross Examination, he said, "that as
"soon as he delivered the candlesticks, and the
"prisoner delivered the note, he objected to it;
"that the things were to remain on the table
"till he came back; that he said he would
"leave them there till his return; that he knew
"Capt. Heley, and thought the prisoner was
"recommended by him; that if he had had
"any suspicion, he would not have left them;
"that nobody by the appearance and the house,
"but would have thought he was a man of
"honour; that as soon as he delivered the bill
"of parcels, the prisoner secured it; the prisoner
"then produced the bill of parcels; the prosecutor
"said that he had the Colchester bill in
"his pocket, and produced it; it was drawn
"on the 26th of August, accepted by Scofield;
"that he did not accept it as payment; that
"Scofield at first said the bill should be paid
"when it was due, but that he afterwards told
"him it was good for nothing, and that it was
"done to defraud him; that he did not know
"that Scofield's hand writing was upon it; he
"did not know that he ever heard him acknowledge
"it was. He was asked if he would have
"been satisfied for his candlesticks if the bill
"had been paid; to which he said, the man
"was never to be found. He was asked by the
"court, when he had been out to enquire of his
"friend, who was not at home, and returned,
"why after that he kept the bill? to which he
"answered, he did not keep it, that he threw
"it down on the table; that the prisoner had
"offered it to another person; that he had it
"again at the Justice's."
Simon Urlin Ward. I was in the house when Touling brought the candlesticks, on the 28th of September, about eleven or twelve o'clock; I shewed him into the parlour to Leo, and shut the door, and went to writing again in the room adjoining; he staid about a quarter of an hour, and then came out again another way into the parlour where I was writing, and was let
"On his cross examination, he was shewn
"the Colchester bill, which he said he had
"seen before; that he heard of the making
"of it on Friday afternoon; that he knew the
"hand writing, but did not hear Leo say a
"syllable about it; that he received the candlesticks
"from the hand of Leo to pledge; that
"he paid the bill for him at the Adelphi tavern,
"and that Leo bid him keep the rest of the
"money, as part of his wages; that he was
"a servant to Leo, and Holloway jointly, that
"he took a receipt at the tavern, but had lost
"it since, with a pocket-book; that he paid
"2 l. 14 s. and kept the rest. Being asked, if
"Leo was not in expectation of receiving the
"rest; he said, Leo was in expectation of a
"dinner, that he was to order, but that he did
"not pay him a farthing of the money."
"- Trip produced the candlesticks and
"said he received them of Ward as the property
"of Leo, that he lent ten guineas on
Q. to Ward. Was you servant to Holloway at this time?
Ward. Yes, and Leo jointly.
Q. Was not you clerk to Jacobs the attorney?
Ward. I did business for him; I was not an article clerk?
Q. You served him by the week?
Ward robbed me of the candlesticks, they were not pawned by my desire as he asserted just now.
Q. from the Prisoner to Ward. What time did I give you orders to pledge the candlesticks?
Ward. About twelve o'clock.
Q. What time did you pledge them at Mr. Trip's?
Q. from the Prisoner to Trip. When did he pledge them with you?
Trip. Between two and three I had just dined.
Q. from the Prisoner to Ward. As you acknowledge yourself my servant, do you not know the duty of a servant, if you was my servant, why did not you obey my orders directly?
Ward. I was detained at the pawnbroker's, and at the Tavern.
Q. Why did not you pawn them in my name?
Ward. Because I looked upon it you had a joint property: after that Holloway demanded
Q. What was the reason of your not coming back to me, but running away with the money, and hiding yourself in the country?
Ward. I came back to you directly, and you bid me go and get them instantly.
Q. How came you to go into the country?
Ward. There was an attachment of privilege against a person, and Jacobs desired me to go and see the person arrested directly, so on that account I went to him.
Prisoner. Touling has said several things that are false: first place when I ordered the things, Touling delivered them on the table; I said, are they the same I looked out. When he had delivered them to me, he pulled out his pocket book, and delivered the bill to me; I tendered that draught to him; he asked if it was a good draught; I said it was, and would be paid when it became due. When we were before the justice, the accepter said he would pay it when it was become due, and he went away very satisfied. Ward came into the room, and said they looked pretty; I said they were to go into the country; I went up stairs, and when I came down, he was gone with the goods; when he was gone Touling came in and demanded the goods; he questioned me about it: I said if he would go, I would see if I could find Ward, but he would not go, nor let me go, so I could not find Ward nor the goods.
For the Prisoner.
Q. Do you know how he lived?
Dolanger. I never enquired.
- Trueby. I am a cabinet maker, in Crown-street Soho-square; I have known the prisoner from his childhood: he dealt in grocery, in Bloomsbury.
Q. He carried on a great deal of business did he?
Trueby. In the middling way; he was a valet-de-chambre to a Lady; he bore a good character; he was servant four years to the Ambassador; he was valet-de-chambre to Van Hoff.
Q. Did not you declare he was a great rogue, when he was taken up?
Trueby. No; not to my knowledge, Sir.
Q. Have you, or have you not, said he was a great rogue?
Trueby. Not to my knowledge; I cannot tell that I said so.
Q. Did you say so or not?
Trueby. No; I did not say so.
For the Prosecution.
Q. Did you ever hear the last witness say any thing of Leo.
Nicholas. After he was taken up the last witness came for a tea chest he had of his, and said Leo formerly used to be an honest man, but since he got connected with Holloway, he has been as great a rogue as he.
Trueby. I said in this gentleman's house, if they had done such roguish things, they were great rogues.
Court. You have positively sworn you did not say he was a great rogue; this gentleman says; when he was by, you said he was as great a rogue as Holloway.
Dr. Wilson. Trueby said he knew him from a child; that he used to be an honest man, but since he had been with Holloway, he was as great a rogue as he. He said he left a tea-chest in his custody to dispose of for him, and it would be hard if he could not get it again.
Touling. He said he knew him from a child, and since he was connected with Holloway he was as great a rogue as he.
Guilty . T .
And a third time with ROBERT HOLLOWAY , for forging a draught for 16 l. 10 s. purporting to be drawn by Thomas Harrison , of Ulverstone in Lancashire, on John William Leo , No. 3; Nassau-street, Soho.
There was not any evidence given on the last two indictments.
John Hawkins and Leonard Sayers , Oct. 13 . *
Guilty . T .
802. (M.) JOHN GARFORD was indicted for breaking and entering the dwelling house of Sir William Chambers , Knt . on the 14th of September about the hour of twelve in the night, and stealing three iron keys, value 2 s. one goldsmith's note for 100 l. another goldsmith's note for 1371 l. another goldsmith's note for 200 l. another goldsmith's note for 600 l. and another for 500 l. the property of Sir William Chambers and Thomas Collins , in the said dwelling house, the above notes being due and unsatisfied .
803, 804. (2d. M.) JAMES WALL and MARY RUSSELL , spinster, were indicted for feloniously taking away, with intent to steal, a linen sheet, value 3 s. two blankets, value 2 s. and two pillows, value 2 s. the said goods being let to them in a ready furnished lodging , the property of Charles Smith , Aug. 29 . *
Both Acquitted .
The following prisoners who were formerly capitally convicted, received his Majesty's pardon: Arthur Byrne , Mary Truebridge , and Ann Silver , on condition of being transported for seven years. Thomas Masey , James Assent , John Rogers , Richard Cole , John Fryer , Robert Astrop , Lewis Williams , Isaac Poulton , Edmund Burton , George Kem, alias Butcher , Benjamin Johnson , and John Learey , for fourteen years, and James Dempsey for life.
The Trials being ended, the Court proceeded to give judgment as follows:
Received Sentence of Death, 15.
Henry Duffill , William Hughes , William Rogers , Benjamin Murphey , Thomas Murphey , Charles Earle , John Copes , Evan Maurice , William Wiggins , John Savage , James Kennedy , James Divett , William Herbert , Isaac Holmes , William Godston .
Transportation for seven years, 38.
Aaron Silva , Peter May , Isaac Asher , Thomas Apps , Thomas Collins , Thomas Williams , Sarah Bond , Hannah Atwood , David Jones , Joseph Tucker , John Fielding , Arthur Smith , Valentine Dutten , John Dickins , Catharine Nourse , Thomas Wilkins , Terence Hine , John Pearce , Mary Shelton , William Steale , Mary Smith , John Collins , Thomas Haslet , David French , Sarah Kirkman , Elizabeth Horton , George Cook , William Evans , John Ward , George Rye , John Jones , John Lamb , William Smith , Christopher Bird , John William Leo , George Rimer , John Burks , James Lever , Ann Eaton , William Spiers .
The following prisoners who were formerly capitally convicted, received his Majesty's pardon: Arthur Byrne , Mary Truebridge , and Ann Silver , on condition of being transported for seven years. Thomas Masey , James Assent , John Rogers , Richard Cole , John Fryer , Robert Astrop , Lewis Williams , Isaac Poulton , Edmund Burton , George Kem, alias Butcher , Benjamin Johnson , and John Learey , for fourteen years, and James Dempsey for life.
TRIALS at LAW, PLEADINGS, DEBATES, &c.
Of whom may be had the eighth Edition of BRACHYGRAPHY or SHORT WRITING Made easy to the meanest Capacity, Price bound 8 s.
TRIALS at LAW, PLEADINGS, DEBATES, &c.
Of whom may be had the eight Edition of BRACHYGRAPHY or SHORT WRITING Made easy to the meanest Capacity, Price bound 8 s.