NUMBER I. PART I.
Sold by S. BLADON, at No. 28, in Pater-noster-Row.
King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.
BEFORE the Right Honourable JAMES TOWNSEND , Esquire, Lord Mayor of the City of London; the Honourable Sir RICHARD ASTON , Knt. one of the Justices of his Majesty's Court of King's Bench *; the Honourable Sir JAMES EYRE , Knt. one of the Barons of his Majesty's Court of Exchequer +; Mr. Serjeant JOHN GLYNN , Recorder ++; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
The *, +, and ++, refer to the Judges by whom the Prisoners were tried.
(M.) First Middlesex Jury.
(2d. M) Second Middlesex Jury.
2d Middlesex Jury.
JAMES M'DANIEL was indicted for stealing a linen handkerchief, value 10 d. the property of James Mowbray , Nov. 9 . *
George How . I am apprentice to Mr. Phelps: the prisoner came into the shop last Saturday; she asked for a pair of shoes of the size of a stick she had with her; I shewed her several pair; she objected to them all, and said they were not strong enough; whilst I was reaching some shoes, she took a pair I had shewn her; then she said she would leave the stick and call again; I followed her into the street, and brought her back into the shop; soon after that I heard the shoes fall, and took them from the ground.
- Harris. I was going by and saw the last witness take the prisoner into the shop; I followed them in, and saw the prisoner drop the shoes from under her cloak.
I never had the shoes.
Guilty . W .
3. (M.) JOHN CLARK was indicted for that he in a certain field and open place near the highway, on John Rose , 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. and three half guineas the property of the said John . *
Q. Do you know the age of the prisoners?
Ganden. Howard is fourteen years old, Green thirteen and Wardens eleven.
Johannes Terrey . I am a pawnbroker, and live at Shadwell Dock: Wardens brought a pair of shoes to pawn, last Friday was a week in the evening; he asked 10. 6 d. upon them; I said they were poor shoes, and I could not lend so much; I asked him who they belonged to; he said his sister, and that his brother was at the door; my man looked, and said there was another at the door; I lent him a shilling upon them.
Prosecutor. These are all my property.
John Farrel . I took the prisoners; I took Wardens first; he shewed me where the other two were in Shadwell Dock Yard. I found these two pair of shoes (producing them) among the ocum, about five or six o'clock; I believe it was on Friday.
I am used to the sea; I had just left the vessel.
Howard took the shoes out of the window, I only held them.
This boy took them; the other held them, and I went to pawn them where my mother used; they persuaded me to pawn them.
HOWARD, Guilty . T .
GREEN, Guilty. T.
WARDENS, Guilty. T.
Mrs. Jones. The two prisoners brought a piece of brass to my shop to sell; it appeared like a cannon; I told them I did not buy such things, and they took it away; I did not observe what it was.
Q. to Mrs. Jones. Where did they say they got it?
Jones. They said they got it on board a ship.
- Ashmore confirmed this evidence.
- Stanfield, concerned in keeping his majesty's stores, deposed, that the chamber produced is the property of his majesty; that he loaded and fired it off in the Park on the 5th of November, and that it was returned again from thence to the store room; from whence it was stolen.
The prisoners, in their defence, said, that they had been at a review on the 7th of November; that after the review was over, they went to a public house, where they were intoxicated; coming by Temple Bar, they saw a man with something resting on a post; that he told them he wanted to sell some brass; that they told him there was some iron shops in the Fleet Market; that when they came to Jones's, and the man took it off his shoulder, they saw it belonged to his majesty.
They called - Armstrong, their serjeant, who deposed that Smith had been in the regiment fourteen years, and Kirke eight; and John Passivill , who had known Smith fourteen years, and Kirke nine, who gave them a good character.
Both Guilty . T .
9. (M.) RICHARD ALLWRIGHT was indicted for breaking and entering the dwelling house of William Edmead , on the 13th of October, about the hour of twelve in the night, and stealing two pair of leather boots, value 10 s. a cloth great coat, value 20 s. a pair of spurs plated with silver, value 10 d. a pair of shoe buckles plated with silver, value 2 s. and a pair of linen shoes, value 10 d. the property of William Edmead , four linen shirts, value 10 s. a muslin neckloth, value 10 d. a linen handkerchief, value 6 d. a pair of leather pumps, value 10 d. two pair of worsted stockings, value 10 d. and a tin box, value 2 d. the property of Samuel Gurney , and one silver watch, value 20 s the property of Richard Hoome , in the said dwelling house , Oct. 13 . +
William Edmead . I am a farmer at Staines : my mother called me down about twelve at night on the 13th of October, and told me, that she thought she heard somebody in the kitchen; I went upon the stairs and listened; I heard a rapping in the kitchen; then I went and put my breeches and frock on; I called my men up, and went with my gun into the kitchen; I found the kitchen door that leads into the yard unlocked and unbolted; it was only shut to; we searched the kitchen but did not find any person there; going into the cellar there is a dark window, the casement was taken out, and there was a pick ax and iron bar by the window; we could not find any body in the house. I looked about and missed a pair of boots, a great coat, and a pair of spurs from the kitchen; the buckles were taken from a cupboard at the stair head; the great coat, the boots and shoes were found next morning in a field at the back of the house. The prisoner had lived with me; I suspected him, and sent two men in search of him, and about seven o'clock they found the prisoner in one of my out houses; he was brought in to me; I asked him what he had done with my spurs; he took them and my buckles out of his pocket.
Q. How did he behave in your service?
Edmead. He was a plough boy ; he behaved well enough; he received but little from me, and not working for his living made me suspect him. He also took out of his pocket a tin box, a watch, a shirt, a handkerchief and a neckcloth, and laid them on the table, and said he had left the other things at Colebrook.
Q. Was the house fastened over night?
Edmead. I went to bed at ten at night.
Q. Was every thing safe then?
Edmead. As far as I know.
Samuel Gurney and Richard Horme , deposed that they severally lost the things mentioned in the indictment of theirs, out of the house of the prosecutor, part of which were found upon the prisoner, which were produced and deposed to by Gurney and Horme.
I having nothing to say.
Guilty of stealing but not of the burglary . T .
SARAH WADE , spinster, was indicted for stealing a silver watch, a blue crape gown, value 15 s. a linen gown, value 6 s. a pair of jumps, value 4 s. two linen handkerchiefs, value 2 s. and a check apron, value 1 s. 6 d. the property of Joseph Flocks , Aug. 12 . ++
Joseph Flocks . I am a carpenter , and live in Brick-lane, Spital-fields ; the prisoner was my servant ; when I came home from work on the 12th of August about eight at night, I missed the things mentioned in the indictment; the prisoner was gone away, and we saw no more of her till the 19th of November, when she was taken.
The prosecutor's wife deposed that she went out that day about three o'clock and returned at six at which time she missed the prisoner and the things mentioned in the indictment.
Thomas Ramsay . I am a waiter at the Basing-house in Kingsland-road; the prisoner came there about a week after she left her master, she said she came by the Edmonton stage; there was another woman with her; they sent for a young man that lived in the neighbourhood to supper, and then they went all away together. I pulled out my watch to see the time, at the request of the prisoner; I told her; she said she had left a better watch than that in Bishopsgate-street.
The prisoner, in her defence, said, her master gave them to her.
Guilty . T .
11, 12, 13. (2d. M.) SARAH JORDAN, spinster, otherwise SARAH the wife of SAMUEL BLYTH , SAMUEL BLYTH and ANN JORDAN , widow, were indicted; the first for stealing a silk gown, value 10 s. two black silk cloaks, value 20 s. a silk and stuff gown, value 5 s. a white long lawn gown, value 5 s. a white cotton gown, value 5 s. a purple and white linen gown, value 10 s. a sattin petticoat, value 10 s. a dimity petticoat, value 2 s. four linen napkins, value 2 s. one pair of women's stays, value 10 s. one linen shirt, value 1 s. three linen aprons, value 4 s. a muslin handkerchief, value 1 s. and two black cloth waistcoats, value 2 s. the property of Samuel Yarley , in his dwelling house , and the other two for receiving the said goods well knowing them to have been stolen , Nov. 19 . *
Samuel Yarley . I am a tobacconist . I went out on the 19th of November, in the afternoon, with some tobacco; I returned between four and five; I went up stairs with the key to unlock the door of my chamber; I found the door standing open with a strange key in it. I came down stairs, and told my wife we had been robbed; we went up stairs and found three large drawers almost emptied. I was advised to take up Sarah Jordan upon suspicion, which I did, and she confessed she stole them herself.
Alexander Faulkner . I had a search warrant; I went into the house and enquired for Sarah Jordan ; I found her and the other two prisoners together; she confessed she stole the things herself, and said the other two knew nothing of the matter.
BLYTH acquitted .
Rachael Yateman . I am servant to Mr. Mackintosh. The prisoner, who passed for a deaf and dumb woman, served the house with chips for four months; she came on Saturday night the 14th of November, about five o'clock, to see if we wanted chips; she made signs that she was ready to starve with cold; I let her sit by the fire, which she did for a quarter of an hour; she sat near a table upon which I suppose the spoon was, for a spoon was put upon that table that afternoon, which I don't recollect being removed; she staid about a quarter of an hour. A message was brought me that one of my spoons was at Mr. Wood's in the Minories; then I looked among the spoons and found one wanting.Mary Turner , and she was to be found at a glover's near Tower-hill. I stopt the spoon and went to enquire for her; I was surprised to find the woman whose name she used passed for deaf and dumb, and had not spoke for three years.
I was born in the Isle of Wight. I have been ill, and had a defect in my speech.
Guilty . T .
George Roberts . I am a journeyman carpenter ; coming down Snow-hill , on the 27th of Nov. about six in the evening, I turned in at a gateway to make water; the prisoner and a man were talking together; a young man that was along with me entered into conversation with them; the prisoner went up the gateway; I was coming away, and the young man that was talking with her before came up; then she came to me, took hold of my waistcoat, and drew me into the gateway; she asked six-pence; I said three-pence was too much; my breeches were unbuttoned; I buttoned them up again and then I felt my watch chain; when I came on the outside of the gateway, I felt her snatch my watch out of my pocket; her hand went down as if to the ground; the young man that was with her ran away.
Q. Was you in liquor?
Roberts. I had drank a little; but I knew perfectly well what I was doing; I secured her immediately; she said if I would let her go she would give it me back again.
James Hopwood . I was passing by accident; I heard the prosecutor say he had been robbed of his watch; I got a candle to seek for the watch but could not find it; I was going to carry her to a public house; she squatted down in the way, and said if we would let her go, the man should have his watch again; she was carried to a public house and searched, but the watch was not found.
The prisoner, in her defence, said she never saw the watch.
Guilty . T .
16, 17, 18. (M.) JAMES BEDELL , THOMAS HORNSBY , and SAMUEL DEAN , were indicted for breaking and entering the dwelling house of George Allen , on the 31st of October , about the hour of nine in the night, and stealing a looking glass in a walnut-tree frame, value 4 s. and a picture in a gilt frame, value 1 s. the property of the said George, in his dwelling house . ++
All acquitted .
(M.) They were a second time indicted for breaking and entering the dwelling house of George Allen , on the 22d of November , about the hour of eight in the night, and stealing a picture in a gilt frame, value 2 s. the property of the said George, in his dwelling house . ++
All acquitted .
(M.) JAMES BEDELL and THOMAS HORNSBY were a third time indicted for breaking and entering the dwelling house of William Jones , on the 11th of November , about the hour of seven in the night, and stealing three bird cages, value 1 s. four live birds called red poles, value 4 d. and one small picture in a black frame, value 6 d. the property of the said William, in his dwelling house . ++
Both acquitted .
(M.) JAMES BEDELL and THOMAS HORNSBY were a fourth time indicted for breaking and entering the dwelling house of John Spearing , on the 30th of October , about the hour of six in the night, and stealing seven cloth coats, value 4 l. two pair of cloth breeches value 10 s. one silk waistcoat, value 2 s. one pair of silk breeches, value 2 s. and two linen sheets, value 5 s. the property of the said John, in his dwelling house . ++
Both acquitted .
(M.) JAMES BEDELL and THOMAS HORNSBY were a fifth time indicted for breaking and entering the dwelling house of George Washington , on the 24th of November, about the hour of seven in the night, and stealing an iron gimblet with a wooden handle, value 2 d.
Both acquitted .
(M.) THOMAS HORNSBY was (a sixth time) and SAMUEL DEAN (a third time) indicted for stealing a quart bottle filled with rum, value 1 s. a quart bottle filled with brandy, value 1 s. and a quart bottle filled with gin, value 1 s. the property of Peter Brown , Nov. 16 . ++
Both acquitted .
Simon Young . I am coachman to Mr. Sheriff Lewes: I left the carriage at the door of the London tavern, whilst I went to a public house over the way to drink; when I came back I missed the hammer cloth.
Joseph Barber . Cherry came to me on the 4th of November, and said, Jack Smith has got a hammer cloth, can you sell it for him? I asked him how he came by it; he said Smith told him he got it in the Strand; I went along with him to Smith, in Pump-court, Devonshire-square; Smith first looked out of the window, and then came down with this hammer cloth, which he said belonged to him; he asked 25 s. for it; I told them if they would let me have it I would sell it for them; they agreed to it; instead of selling it I went to Sir John Fielding 's, and brought one of his people with me, and we apprehended the prisoners.
Cherry, in his defence, said, he knew nothing of the taking the hammer cloth; that Smith told him he found it.
Smith, in his defence, said, that Cherry was with him when he found the hammer cloth.
Cherry called six witnesses, and Smith one, who gave them good characters.
Both guilty . T .
William Russell . I am a glass polisher : on the 18th of October I missed the things mentioned in the indictment, from a chest of drawers in my parlour; the prisoner was my servant ; I had been out for about a quarter of an hour; when I returned I missed the prisoner and the things mentioned in the indictment. I advertised the things I had lost, and as I suspected the prisoner, I published a description of her person; I took her the Monday following; she had the stuff gown on, and she confessed she had pawned the other things at Margaret Read's, where I found them.
The prisoner said nothing in her defence.
Guilty 10 d. W .
23, 24, 25. (2d. M.) WILLIAM ROOKE , THOMAS SIMPSON and HENRY HOLDER were indicted for stealing a wicker basket, value 6 d. a punch bowl with a silver border, value 50 s. two china bowls, value 18 d. two china plates, one china saucer, value 6 d. and a drinking glass, value 6 d. the property of Roger Griffiths , Dec. 2 . ++
All acquitted .
William Ramsay , in the dwelling house of Thomas Greer , November 7 . *
William Ramsay . On the 17th of November, three weeks ago last Thursday, I came to town to take 46 l. for some flour; I took 30 l. in a draft, and the rest in cash, 16 l. 10 s. in gold and silver. Before I came to East Smithfield I saw somebody stand at a door; I asked if that was the right-road to Tower-Hill; the prisoners walked by me; they said that is the way; I followed them; instead of leading me into East Smithfield, they took me up another street out of the way; I believe they call it Red-cross-street, towards Ratcliffe-highway , after I had got up about half way of the street, a door was opened; I do not know whether they took me by the coat, but they gave me a shove within the door; they never spoke a word to me, good, bad or indifferent; I said first this is not the way for Tower-hill sure; I thought it was a public house, and they might ask me for a pot of beer being a country fellow; before I had time to think of it one of them asked me if I would not h - p them; I said I was too old for h - p - g; then Clarke took hold of my breeches, shoved the other hand into my pocket and pulled out my my bag; I said, d - n you, you bitch, you have a mind to rob me. I catched at it; she threw it upon the floor, and said to the other, make off, make off you bitch! She catched me by my breast and strove to hold me while Jones made her escape; I pulled her up by main-strength and gave her a turn down. they made to the door before me. I catched Clarke before she was out of the door; the other got off. I sent for a constable and gave charge of Clarke: she endeavoured to pull me from the bed; she tore my breeches when Jones took up the money and made off. I catched Mary Clarke as soon as she got out of the door; she hollowed for Deb to come to her assistance, and there was a mob round me presently.
Q. What time of night was this?
Ramsay. The clock had not struck six. Next day a little boy came by, and said, I know the other; we took the boy behind the coach to Sir John Fielding's, and there he described Jones to Mr. Phillips and another, and she was taken in two or three hours time: she was dressed in a man's coat.
Q. Can you swear positively these are the two women that pulled you into this house?
Q. Did you ever get the money again?
Ramsay. No, not a farthing.
Q. from Clarke. Did not you drag me into an alehouse?
Ramsay. Yes, after you had picked my pocket.
Q. from Clarke. Was not you so drunk that you could not stand?
Ramsay. No, the witnesses will prove that.
Q. Do you know the nature of an oath?
Signal. Yes, if I tell a lye I shall go to hell, if I tell the truth to heaven.
Court. Swear him (he is sworn.)
Signal. I was coming past to go to work, Deb Jones came out, and as Poll Clark was coming out, this man (the prosecutor) catched hold of her, and held her fast; she called Deb, Deb, come and help me; Deb could not pull her away; Deb run away; there was a lamp there; I looked stedfast in her face; I have seen her a great many times before.
Q. Are you sure she is the person?
Signal. Yes, I saw the farmer take hold of her; he called out, you have robbed me! he called out, watch! watch! come and help me! there was no watch set yet; it was but six o'clock.
Q. What house did they come out of?
Signal. One Greer's house.
Q. Is it a public house, or a private house?
Signal. A private house.
Q. What is Greer?
Signal. He was in gaol over the water at that time.
Q. Who lived in it?
Signal. Greer's wife, and she kept some women there.
Q. Do you know whether these two women lived in that house?
Signal. No, they did not.
Q. How much had he received?
Signal. 46 l. 10 s. fifteen guineas and a half, and some silver, and a 30 l. note.
William Knox . On the 17th of last month I was at home in my own house; one of my lodgers came in, and said a farmer was robbed in Red-cross-street, and asked me to endeavour to take up the thieves: I was told the farmer
Percival Phillips . I was at Sir John's when the farmer came there; he complained he had been robbed; I went down to Salt Petre Bank; I could not find her; I waited for her in the dusk of the evening; she came out with a man's coat on her back; with her own clothes under it; I was informed she had given some money that day to bury Charles Earle . * Clark wanted to be admitted an evidence by Sir John.
Constable. He did live there, but is in gaol; his wife has not been to be found a good while.
He searched me; I had no money about me; I was not in his company; he took me up in the street; he was so drunk he could not stand: I did not rob him.
I know nothing of it; I was not with him.
Both guilty of stealing, but not in the dwelling house . T .
29, 30, 31, 32. (M.) ROBERT DALE , RICHARD HENLEY , JOHN TRUSTY , and ALEXANDER BROOKFIELD were indicted for stealing five live ducks, value 3 s. and one live drake, value 6 d. the property of William Timmings and Daniel Ebbern , and three live hens, value 2 s. and one live cock, value 2 s. the property of Letitia Browning , widow, Nov. 10 . +
- Ashworth. I am servant to Mrs. Browning, the fowls were lost in the night of the 10th of November; they were taken out of the hen-house, at the bottom of the garden that goes into the field; I know nothing of the fact; I saw them in the hands of the constable.
- Chaplain. I am a constable: the 10th of November, at two in the morning, there was an alarm of the watch, and I found the prisoners and another in custody of the watchman; he had a parcel of fowls he had taken from the prisoners. The youngest was admitted an evidence, and he went and shewed where they got the fowls.
- Cartwright. I am a watchman; I saw five lads by the Barley-mow door; I stopped them; the youngest had something under his coat; I let them go into the house, and then ordered the landlord to keep them while I got assistance; I went and got another watchman, who found three or four ducks in the bag on Dale.
William Weakley . I am apprentice to Mr. Gibs, a jewellers; in Bunhill-row; Trusty was my school-fellow; I met these lads; we had been to see the Lord Mayor's show; it was too late to go home; we were going to walk till morning; Henley and Dale took the fowls, and we went down the field and saw some ducks in the water; we drove them out and run them down.
Dale said nothing in his defence.
Henley said he knew nothing of the ducks, and that he was locked out that at night. He called three witnesses to his character, who said that he had worked for Mr. Crouch; is nineteen years of age, and they never knew any harm of him.
Trusty said, that he, Brookfield, and Weakley, were innocent of the fact; that they were met by the other two and asked to contribute to the expence of dressing them the next day. He called five witnesses, that had known him a great while, who all gave him a good character.
Brookfield said he was not at the taking of the fowls; that he met the rest of the prisoners, at the Barley-mow. He called his father, who said while he was gone to his club, he went out; that he never used to stay out: that he never heard any imputation on his character before.
All Guilty 10 d. W .
The clothes mentioned in the indictment were produced by the constable and deposed to by the prosecutor.
I went to gather some sloes, and saw the things lie by the hedge.
Guilty 10 d. T .
Mr. Cavendish's coachman deposed,
"Berkley-square on the 18th of November,
"and that he found it at Guy's, a pawnbroker,
The pawnbroker's servant produced the great coat, which he deposed,
"the prisoner pawned
"with him on the 20th of November in the
The prisoner, in his defence, said,
"met a young man who permitted him to lie
"a night or two in his stables, and that several
"people saw him pick up the great coat in
"the yard behind a chariot, and that as it was
"not enquired after, he pawned it."
Guilty . T .
35, 36, 37. (M.) JAMES TUCKER , WILLIAM SIMPSON and GEORGE TURNER were indicted for that they in a certain field and open place, near the king's highway, on Mary Nutt , widow , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a gold ring, value 6 s. a piece of beef, value 1 s. a penknife, value 2 d. two guineas, a quarter of a guinea, and a half guinea, in money, numbered, the property of the said Mary , Oct. 27 . *
Mary Nutt . As I was coming over the first field at Chelsea , near where the Dwarf tavern was, a person came up to me, which I believe to be Turner; he took hold of my left arm, and bid me - stand and deliver! I cried out, and the other two men came up in a minute's time.
Q. Are the prisoners the two?
Nutt. I am sure Simpson is one; the other two held me, and scratched my face, while Simpson took two guineas, a half guinea, and a quarter of a guinea, and two rings (which were in a little box) and a small penknife, out of my pocket, and they took a brisket piece of beef out of my basket; they blinded my eyes; I believe it was Turner that held my mouth and blinded my eyes; I am not sure as to him; he said twice he would cut my throat if I made any noise or made the least resistance; I did call out once or twice, but there happened to be no one passing. I knew Turner by his jacket.
Q. Is that all you know him by?
Nutt. Yes; I never saw him in my life that I know of before that night.
Q. Do you recollect whether he had his hair or a wig?
Nutt. He had his hair. I could see but very little of his face.
Q. Could you see enough of his face to be able to swear to him?
Q. Then you know him by nothing but his jacket?
Nutt. His jacket was the principal thing.
Q. What sort of a hat had he?
Nutt. Really I cannot say, I believe a small one; I do not know what they call the hats now there are so many sorts.
Q. When was he taken up?
Nutt. On Thursday morning the 29th. I was robbed on Tuesday the 27th; I saw them the Wednesday after they were taken at Sir John Fielding 's; I went there the morning after I was robbed, and gave information of what I had lost, and described them as well as I could.
Q. How did you describe the other two: you described this man by his jacket?
Nutt. One of the others were shorter; I said one had a kind of a drab coloured coat: He came before Sir John in a waistcoat.
Q. Can you swear to the little boy (Simpson)?
Nutt. I cannot be positive; he is like one of them; I heard none of them speak but Turner.
Q. Had they any thing in their hands?
Nutt. Yes; Turner held something to myJohn Fielding 's men brought me my penknife.
John Heley . On the 28th of October, the day after Mrs. Nutt was robbed, we had information that another person was robbed in the same field; Mr. Nokes and I went the next morning to the Ambury, to search for the thieves: we went to Mrs. Fisher's, who keeps a two penny, lodging house, and in a garret there we found Turner and Simpson; I searched Simpson's pocket, and there I found this penknife (producing it.)
Prosecutrix. I can swear this is my penknife that I was robbed of that night.
John Nokes . I am a constable of St. Margaret's parish; I was with Heley when we found Simpson and Turner in Fisher's house; the knife was found upon Simpson. I found six or seven shillings in Turner's pocket.
Heley came up stairs to me, and asked me where my companions were; he said, where is the wedge? I did not know what he meant then he said, where is the silver buckles you had last night; I said I had none; he said he wished he might find it so; he went down: about an hour after, he and one of the gentlemen here, came and said let me search your pocket. I drive a cart when I am in work; when I am not in work I go with carmen, and they give the money and victuals; I found that knife in Bridge-street, as I was going to Charing cross. I saw it stick up in a kennel.
I know no more of it than the child unborn; I did not know of being tried to day or I should have had my friends here.
All three acquitted .
(M.) WILLIAM SIMPSON and GEORGE TURNER were a second time indicted for that they on the king's highway on William Graham did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a pair of silver shoe buckles, value 10 s. three linen shirts, value 5 s. a linen handkerchief, value 6 d. two guineas and seven shillings in money, numbered, the property of the said William , Oct. 28th . *
William Graham . I live at Chelsea. As I was going home on the 28th of October, about forty minutes after six in the evening, I was attacked in the middle of the foot road that leads to Chelsea , about fifty yards from Davis's: two men came out upon me, and bid me deliver! they held up a stick, and said if I offered to rebel, they would cut my throat; I wrenched from them; Turner then came up; he advanced on my right; he laid hold of my collar, and took the bundle of linen, and my stick out of my hand; the other prisoner (Simpson) swore he would cut my throat if I stirred; he turned out my pockets, and took two guineas, seventeen shillings, three halfpence and a farthing; the other took my buckles out of my shoes; I constrained my foot in hopes some relief would come up; Simpson said if I did not, ease my foot he would cut my throat directly.
Q. Are you certain the prisoners are the people that robbed you?
Graham. Yes. I have seen them very often in Westminster; I could see their faces; I am as sure that these are the persons as ever I was of any man. I got hold of one of them, Humphreys the accomplice, and struggled with him some time, hoping somebody would come up. I struggled with him some time, but not having any relief, I apprehended it might be dangerous, so I let him go. I went home, and by the advice of my friends, I went that very night to Sir John Fielding 's and made an information of the robbery, and the next morning they were taken up.
Q. from Simpson. What do you know me by?
Graham. I have seen him in the Broadway, Westminster; he was dressed that night in a short whitish jacket.
John Humphreys . Turner, Simpson, and I, robbed the prosecutor; Simpson picked his pocket, Turner took his buckles out, and took his money; I don't rightly know what the money was; I had part of six and six-pence and five-pence halfpenny; there was some linen which we threw away.
Q. Why did you throw it away?
Humphreys. Because we found it was good for nothing; and we took a bottle of vinegar.
Q. to the prosecutor. Was you robbed of any vinegar?
Humphreys. We threw the buckles out at a window and a girl picked them up, and I heard, her say she sold them to a Jew in the street.
Q. What are you?
Humphreys. A bricklayer.
Q. How long have you been acquainted with these men?
Humphreys. Not long, only by drinking a night or two with them.
Q. What happened between Graham and your party after his buckles were taken out?
Humphreys. Nothing happened, only he and I had a bit of a skirmish; he wanted to take me and I would not let him.
Q. Where did the prisoners use to lye at night?
Humphreys. In the Ambury, at Westminster; we lay at Mrs. Ashley's house the night we were taken.
Q. Do you know Mrs. Fisher's there?
Q. Was you taken with them?
Humphreys. Yes; we were all taken together.
Q. to Heley. You said you took them at Fisher's?
Heley. Yes, it was Fisher's; Ashley's and Fisher's houses join together: he mistakes the house.
I was never in company with Humphreys in my life, only going to lodge at that house, some times I have seen him there.
I was bringing a barge to Westminster; I went to get a pint of beer at the Nag's head; I know nothing of the robbery.
Both Guilty . Death .
Thomas Brice . I am a shoemaker in Monmouth-street . Last Sunday night I missed 16 pair of mens, and one pair of womens shoes; they were second hand. (The shoes produced.) I know every man's work that does them up, and I have a private mark I put upon them.
James Hatton . I am a shoemaker: on Monday morning, Harling brought 6 pair of shoes to me, and asked me to buy them; I believed he had stole them, so I stopped him; he confessed he had stole them, and went and shewed me where he stole them from. He wanted to be made an evidence.
Joseph Brown . I am a watchman at St. Giles's; I came up to the office with the night charge; Francis came to the Watch-house to me with the last witness, and Francis said to me, I believe I am going to be an evidence, if you will go to my Aunt's, in Black-horse-yard, Fleet-market, and fetch eight pair of shoes: and he gave me the key of the trunk where they were, and bid me, if I met Pat Traner, to take him. I did and took him to the justice's. Then I went back to his aunt's to seek for the shoes, and they were, trunk and all, conveyed into an empty room two doors below. I never knew any harm of Traner in my life; I have known him a great many years.
We were all in liquor together; the gentleman said if I would produce the other shoes he could clear me.
HARLING guilty .
TRANER acquitted .
Susanna Patridge . I am a servant to Mr. Low, a turner , in White-cross-street . On the 3d of December, about half after five, I had been on an errand; coming up the alley, I met the prisoner coming down, with the stick of Turkey box upon his shoulder, close by the door; I went in and told my mistress; she bid me run after him; I did: the prisoner threw the wood down; I took it up, and brought it back; the prisoner hid himself in a corner, by the Peacock brewhouse; I knew him before; he is a turner.
Edward Bud . I know the wood is Mr. Low's property; I looked some pieces out, as a purchaser, a few days before; I took away two pieces and left that behind; I saw it before the sitting Alderman, and afterwards before the grand jury; I can be sure to it.
Samuel Ross . I am porter to Mr. Low. About four o'clock last Thursday, week, I had been up stairs; coming down I saw that piece of box at the bottom of the stairs; I turned the piece round and looked at it; about half after five, the maid said she saw the prisoner take that piece away; that she went after him; he threw the wood down and she brought it back.
I do not remember taking any wood at all.
He called two witnesses who gave him a good Character.
Guilty . T .
42. (2d. M.) JOHN DUNN was indicted for stealing a silver watch, value 5 l. a steel chain value 3 s. a silver seal, value 1 s. a cornelian stone seal set in silver, value 1 s. and a watch key, value 1 d. the property of James Gladstone , Nov. 11 . +
James Gladstone . Coming along King-street Covent-garden , in company with a friend, we met two women and a man; the gentleman with me, who had hold of my arm, quitted his hold, to make way for those persons to go between the houses and us; whether I pushed again the man or no, I cannot tell; I was a little in liquor, but the man pushed so against me, that I fell down; I hurt my head, and left elbow; my friend who had got on a little, missing me, came back to my assistance; as I lay in the street, a chair was passing, which stopt, a tall man came to my assistance, lifted me up in his arms, and put me in the chair; as soon as I was in the chair, one of the chairmen said, I insist you look, before I stir a foot, whether the gentleman has his watch and money about him; I put my hand into my pocket and found it wanting; then some people ran away; the next morning I went to several pawnbrokers; and left marks of the watch, with directions to apply to Sir John Fielding if the watch was offered them; I was informed by Sir John's men that my watch was found.
- Heather. I am a pawnbroker; the prosecutor came to my shop, and informed me he had lost his watch, 2nd he lest the marks of it; within an hour after that the prisoner came in, and gave the watch to my young man, and offered to pawn it for two guineas; he immediately said, this is the watch; I crossed into the passage, in order to prevent me prisoner making his escape; I took the watch, and asked him how he came by it; he would not give any account how he came by the watch. I sent to Sir John Fielding ; in consequence of which his men came and took the prisoner.
Q. from the prisoner. Did you see any body at the door with me.
As I was coming from Drury-lane-playhouse on the 11th of November, I came across Covent-garden, on the other side of King-street, opposite St. Martin's-lane; there was another person with me: it was a clear moon light night; I hit my foot against a watch, or seal, or something; it was three foot off the pavement, facing St. Martin's-lane; I stooped down and picked up this watch: I turned to the person that was with me, and said I have found a watch; my friend said, he had a right to part of it, or to a treat: I said so he had if it was not advertized in the morning; the next day as I was going down Long-lane, I thought I would take up two guineas upon this watch, seeing it had not been advertized: I looked in all the papers to see. When Heather stopped me, I was determined to give no account till I came before Sir John Fielding .
For the prisoner.
Guilty of stealing the watch, but not privately from the person.
See him tried last sessions, for picking a gentleman's pocket at Guildhall of his pocket-book, containing Bank-notes to a considerable amount.
43. (L.) SAMUEL DUCK was indicted for stealing a wicker basket, value 1 s. and a linen cloth, value 1 s. the property of John Hatton , and 54 lb. of fresh butter, value 30 s. the property of Mary Vinecomb , Oct. 24 . +
Jonathan Roberts . I am book-keeper to Mr. Hatton's waggon; I unloaded the waggon in Newgate-market ; I gave this flat of butter to Roworth the porter, to take it to Mrs. Vinecomb's, in Wine Office Court; but it was stole out of the market.
Elias Roworth . I received the flat of butter from Mr. Roberts. I saw the prisoner take it up five or six minutes after; I followed him and caught him in about fifty or sixty yards, with the flat upon him.
I was at the market to seek for employment; a man asked me to carry this flat to the Queen's Head in Leadenhall-market.
Guilty . T .
44. (2d. M.) FRANCIS LEWIS was indicted for that he 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. 5 . +
William Hinchcliffe . I was robbed the 5th of Sept. in a chaise, about eight in the evening, by three men, between the Small-Pox-Hospital and the turnpike that leads into Tottenham-court-road in the New Road, within about 300 yards of Tottenham-court turnpike; three persons came up to me, stopped me, and demanded my money; I told them I had none; I gave them my watch, and desired them not to use me ill; I saw one pistol; I do not know whether they had two or no.
Q. Did you see their persons?
Hinchcliffe. No, only one, that was Murphy; he was convicted last sessions and has been executed since.
Q. Do you know the prisoner?
Hinchcliffe. No, I do not.
John Plenius . On the 5th of September, in the evening, Count and Steadman came to my house in a chaise, and told me their master's son had been robbed a little before, and desired me to go with them; I got my horse and pistol, and followed the chaise; we turned into the duke of Bedford's road; then I turned back again, and met these men coming up the New Road; I passed them, and went on to Gray's-inn-lane-road; there I saw three young men; they went through the rails into the road; they swore several oaths that a carriage was coming, and that they intended to rob it; I went up the road as if I would go into Gray's-inn-lane; when I got out of their sight, I dismounted by the new houses, and walked up towards the three men, and made my horse serve as a screen to me, till I came within about twenty yards of them.
Q. Was it dark?
Plenius. No, it was moon light; it grew lighter and lighter. I heard them say they would attack that chaise that was coming up the New Road.
Q. Which said that?
Plenius. I do not know; they said in case they should be attacked, they would fire and would kill. They went towards the chaise; I followed them till they turned round the corner of Gray's-inn-lane Road up into the New Road, where the chaise came up; one of them went in the foot path, another on the outside of the posts, and the third, which is the prisoner, went into the middle of the road; he in the foot path was
Q. Could you distinguish with certainty whether Lewis or Murphy fired?
Plenius. No; one of them did. One of them was taken by Count; I followed the other two; Murphy got through the rails into the field; I could not go after him; I followed Lewis; I kept him from the rails, and some persons that followed us on foot secured him: he was never out of my sight.
Q. How near was Plenius to you when you were attacked?
Steadman. I believe a hundred yards or upwards; I did not see him; he went before us, came back, and returned again; one of the men took hold of each side the horse, and demanded our money; I asked if it was money they wanted; they said, yes. I chopped at Murphy with my hanger, and cut him on the shoulder. I saw the little one (Earle) then, and cut him down; the other attempted to fire, but the pistol did not go off; he run back: there were some people behind; I called out to them, Stop him, that is one of them! and Lewis was taken; I believe he is the man.
Q. You do not swear to his person?
Steadman. He is the person to the best of my judgement but I cannot be sure.
Q. There was a firing from one I believe?
Steadman. Mr. Plenius I believe fired; I heard report, I thought it then at a great distance from us, I could not be positive who fired.
Q. Plenius says one fired first?
Steadman. I am positive that pistol did not go off; I saw no more than a flash in the pan.
Q. Was Hinchcliffe's watch ever found?
John Count . I was in the chaise; we were attacked by three men; one held the horse's head, and the other two came, one on each side of the chaise, with pistols in their hands, and demanded our money; Steadman said what do you want? they said money; he said it is our money is it, and struck one down; with that we both got out of the chaise directly; he got to Earle, and struck him in the head, upon which Earle cried out, d - n your eyes, fire! why don't you fire? upon that a pistol flashed in the pan, but did not go off; then he threw the pistol away and ran off; Steadman halloo'd out, Stop him, that is one of them! in consequence of which he was stopped.
Q. to Plenius. How long after Steadman and Count had acquainted you that Hinchcliffe had been robbed was this attack made?
Plenins. The highest time might be half an hour, from the time of their coming to me till the chaise was attacked.
Q. About what o'clock was it when you fired?
Plenius. About nine.
Q. Did not Earle in the other trial say something about the watch?
Plenius. Yes; he said Murphy who got off had the watch.
The prisoner, in his defence, denied his having robbed Hinchcliffe, and attacked the chaise.
For the Prisoner.
Q. Is he a single man or has he a family?
Perry. I don't know.
Q. Do you know whether he is a single or married man?
Q. Do you know whether he was in work at time?
Q. Do you know where he worked last?
Q. Do you know where he has worked?
Davis. I am not acquainted with his master.
Benjamin Lewis . I am the prisoner's brother; I keep a butcher's shop in Oxford-market; I never heard a bad thing of him in my life before this.
Q. Do you happen to know where he worked at this time?
Q. Do you know where he worked last?
The evidence on this trial were Steadman, Count and Plenius whose testimony was the same as on the last trials.
Guilty . T .
James Wickstead . As I was going up Holborn hill , on the 24th of November, about seven in the evening, a gentleman informed me my pocket had been picked by the prisoner, who was then near me; I put my hand in my pocket and missed the things mentioned in the indictment: I immediately seized the prisoner, upon which he dropt my shirt.
( The things mentioned in the indictment produced and deposed to by the prosecutor.)
I never had the handkerchief.
He called two witnesses, who gave him a good character.
Guilty . T .
48. (2d M.) JOHN JONES was indicted for stealing a watch, the inside case gold, the outside shagreen, value 5 l. a cornelian seal set in gold, value 5 s. and a brass watch key, value 1 d. the property of Martha Nevill , in the dwelling house of the said Martha , October 31 . *
49. (2d. M.) JOHN DEVEN was indicted for breaking and entering the dwelling house of Thomas Brown , on the 14th of November , about the hour of two in the night, and stealing a guinea, a half crown, a groat, a counterfeit shilling, and seven shillings and six-pence in money, numbered , the property of Thomas Brown the younger. *
Guilty . T .
John Tomlin . I keep the Granby's head, at Knight's bridge . The prisoner and another came to my house this day sevennight, about ten at night; after they had drank something, they wanted change for a 5 s. and 3 d. I weighed it, and thought it not good; I did not change it; they drank their liquor, and went away, but left a small bundle behind them; they returned for it in about half an hour, and then the prisoner ordered a pint of beer; he desired me to give himdrew the money over my hand again, and separated 6 s. which I put towards the tip of my finger: the prisoner said sure there must be one Queen-Ann's shilling among all this number; he took the six up and looked them over and said no, there is none, and he threw back 3 s. then he gave me 6 d. and seemed to be in a hurry, I told him I was in no hurry; I desired to see what he had in his hand; he opened his hand, and under his thumb I found 3 s. the lad that came with him stood by, with a canvas bag in his hand; in the hurry he got away; I took the prisoner into a parlour; he said he would return my money if I would let him go; he said he had never been guilty of it before; that the other had learnt him the trick that night.
I took none of his money; I was rather in liquor.
He called two witnesses who gave him a very good character.
Guilty . T .
Ann Brown . I am the wife of Edward Brown ; the prisoner was an acquaintance of mine; I left her in my room last Saturday sevennight; I lodge in Bridges-court, St. Giles's ; she brought the key to me, to a place where I was; I missed the money, and a shirt; the money was tied up in a handkerchief and put in a cupboard; the prisoner saw me count the money and put it in the cupboard. I saw nothing of the prisoner till last Wednesday, when she was taken into custody; she confessed she stole the shirt and 6 s. and 6 d. and gave us a direction to a pawnbroker with whom she had pawned the shirt.
The pawnbroker produced the shirt, which he deposed was left with him, by the prisoner, on the 28th of November, in the evening.
Mrs. Brown gave me leave to pawn the shirt.
Brown. That it totally false.
Guilty . T .
John Long . The prisoner met me in St. James's park on the 4th of December, in the evening; she said, my dear will you take a walk with me upon the grass? I consented and lay with her there: after the affair was over, she wanted to go away in a clandestine manner, which struck me; I put my hand in my pocket and missed my money, two guineas and two half guineas, wrapped up in a piece of paper; I charged her directly with robbing me; she shrieked out, and two girls came to her assistance and endeavoured to pull her from me, but I held her fast, and took her to Sir John Fielding 's; I have a wife and two children to my shame; I was obliged to break it out to my wife; she saw her before the justice; she said what Hetty are you this unfortunate girl that has robbed my husband? the prisoner replied, I am very sorry for it; I did not know it was your husband, but since it is so, you shall have your money again, and I heard her say she gave the money to one of the girls that endeavoured to pull her from me.
I know nothing of the money; he searched beyond decency, but did not find any of his money upon me; I have been only six weeks in London.
Guilty . T .
WILLIAM COSTER was indicted for stealing a man's hat, value 1 s. a pair of base metal shoe buckles, value 6 d. a waistcoat pocket value 1 d. and nine pence halfpenney in money numbered the property of Daniel Flanders , privately from the person of the said Daniel , October, 25 . *
Daniel Flanders . On Sunday the 25th of October, I went out to the Brown Bear, between four and five o'clock; I fell a sleep in the tap room; when I waked, I missed the things mentioned in the indictment.
James Askue . The prisoner about six o'clock that very Sunday morning, came to the two Brewers in High-street, St. Giles's, with two hats upon his head; he gave me a hat, and desired me to keep it for him; I held it two or three minutes; then he pulled this pair of Buckles out and asked for a piece of paper to put them in; I told him I did not believe he came honestly by them; I applied to Leadbeater, who secured him, and took him to the round-house. About half an hour after, the prosecutor came in, without any buckles or hat, and owned these things. produced.
Prosecutor. These are the same I lost.
Askue. The prisoner said he bought them for 3 s. of a young man.
I found them in the street.
Guilty. 10 d. W .
55, 56. (2d. M.) ANN TREVIS , spinster, and MARY LYONS , were indicted; she first, for stealing a silver watch, value 30 s. the property of John Richards , and the other for receiving the said watch well knowing it to have been stolen , Oct. 27th . *
The prosecutor was called but did not appear; his recognizance was ordered to be estreated.
Both acquitted .
Charles Heley . I keep the Gun, at Hungerford-market ; the prisoner lived with me three months; she left me the 3d of November last. She had lived with me before and behaved well; I wanted a servant, so took her again, employed her as house maid , chiefly in the business in the kitchen. I keep my money in my bed room up one pair of stairs; my wife and I, and this girl, were the only people that had access to this room; when the bed was made my wife used to help her; the door, when we were not doing business in the room, was always kept locked; sometimes the girl was left there to do the work after making the bed. She owned she had taken it; it was in a drawer in a new chest of drawers in this room; a bag of silver of 30 l. had been there a month or six weeks; I made this bag a reserve for change when the taylors came to my house; I had another bag of silver in the drawer which I used to resort to for common change; there were 13 l. odd shillings only left in it when I came to examine it on the 3d of November; the girl went away the 1st of November. The way I found it out was. I had ten guineas to put up; I happened to put my hand upon this bag, and found it less than it ought to be; I counted it and discovered my loss. I wondered the girl did not come back for her wages; I heard she was flush of money; I took her up; she did then own she had taken it at different times; that she had taken some on Friday the 13th of October; we found this key (producing it) in a drawer of a chest of drawers which this girl had to keep her things in; it unlocks my drawers as well as the key I have myself.
Q. Did you make any promise to her?
Heley. I did promise I would be as favourable to her as possibly I could, if I could get my money again; upon this she owned she had taken this money, and had been furnished with a key by Ann Murray to open the drawer; she said she had left the rest of the money at Ann Murray 's; she told us the place it was in at Murray's; it was she said sewed up in a bag. The constable and I went to search at Murray's in King's-head-court, opposite Drury-lane-theatre: it is a bad place, we could find none of the money she took; about 10 l. or 12 l. she left there; we found none of it; she gave me this ring as being bought with part of the money she took from me.
John Watermore deposed that he heard the prisoner confess she took this money, these different times; that she had left about 10 l. or 12 l. in Ann Murray's care, and that she had bought a gown, and a ring with part of the money.
She called three people, who gave her a good character.
Guilty of stealing, but not in the dwelling house . T .
58, 59. (L.) MARY SMITH , spinster, and MARY CUNNINGHAM , spinster, were indicted for stealing a leather purse, value 2 d. and six guineas and 9 s. 6 d. in money, numbered , the property of Henry Holm , Nov. 1st . *
Henry Holm . I am a Shripwright . On Sunday night the 1st of November about 11 o'clock, the prisoners stopped me in Peter's alley facing the Royal-exchange ; three laid hold of me; Cunningham lifted up my coat, put her hand in my pocket, and took out my purse, containing six guineas and 9 s. in silver; Mr. Peach came by and took my part; they were never out of my sight; but one run away. I took the women to the watchhouse.
Q. Were they searched?
Holm. No, only the woman's stays were taken off.
William Peach . About half after 11 o'clock, on Sunday night, the 1st. of November; I saw that woman at the corner; I saw one come out and run away; there were two women, one on one side, the other on the other; the gentleman cried out that he was robbed, I laid hold of the women; I saw the tallest woman have her hands upon his coat: they were secured and carried away; they swore they had never seen the man in their life time. Cunningham had her stays off; there was no other searched; one ran in the highway and behaved indecent; the watchman insisted upon my going with them to the watch house.
They stript us to the skin and put their hands up our bodies.
Peach. No, the watchman said that was the case with a gentleman that lost a ring a little before, the gentleman offered one of them two guineas if she could produce it, she said she would; she took it, after having been searched to her skin, from that place as was supposed.
Both Guilty . T .
Henry Overhausler . I am a Swede, and am nephew to the person to whom the prisoner was apprentice ; I used to lie with him in the garret, I kept my money in a box that was not locked; the prisoner ran away the 4th of December; he was brought home in a few hours, and put up into this garret; there he offered some violence to his master which occasioned his being sent to the watch house; when he came there, he was searched and there was found upon him a foreign piece of silver of mine; also a shilling, two sixpences, and four pennyworth of half-pence; I missed just that quantity of money out of my purse.
The Constable deposed that he searched the prisoner to find a knife that he was charged with having assaulted his master with, and found upon him the silver the prosecutor had deposed to.
My master beat me; I cannot tell whether I put this money in my pocket or no.
Guilty . B .
Richard Walter . On the 6th of November, about nine in the morning, as I was weighing some sugar at Dice-key , the prisoner asked me for work; I would not employ him; I was afterwards told by Benjamin Platt that he had stole some sugar.
The prisoner said nothing in his defence.
Guilty B . and Im. 1 Month .
GEORGE MILLS was indicted for stealing a linen handkerchief, value 10 d. the property of Jeremiah Greenfield , Dec. 6 . ++
Richard Stretton . As I was coming towards the city, on Sunday evening, I overtook Mr. Greenfield. I saw the prisoner put his left hand in the prosecutor's right hand pocket, and draw his handkerchief partly out of the pocket, but seeing I observed him, he desisted; but I followed him as far as Aldgate; there I saw him take it out of the pocket, and I believe he shuffled it away to his companion who was with him.
They searched me but could not find any handkerchief upon me.
Guilty . T .
64, 65. (2d. M.) JOSEPH HARRISON and JOHN MITCHELL were indicted for that they on the king's highway, on Mary Wilds , spinster did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a stuff gown, value 2 s. a check apron value 1 s. a pair of stays, value 1 s. two petticoats value 1 s. a linen shift, value 2 s, a pair of leather shoes, value 1 s. a pair of iron buckles, value 4 d. and a silk handkerchief, value 4 d. the property of the said Mary , Dec. 6 . +
Q. How do you get your living?
Wilds By going out to service.
Q. Who did you live with when this happened to you?
Wilds. I was at home at my mother's, in Holborn; she is a char-woman.
Q. Do you know the prisoners.
Q. What was the first thing they said to you?
Wilds. They said I should go along with them; I said I would not go; they said I should; they dragged me to my own door in Hollywell-lane; I went to go in; they pulled me out, and said I should go along with them; they took me to Mr. Owen's the Swan in Shoreditch; they had some meat between them both; they hedged me in between them and they forced upon me a great deal of liquor. We staid there about an hour; when I came out into the air; the liquor overpowered me; they pretended to carry me to Joseph Harrison 's mother to drink tea; they dragged me along Bethnal-green-road.
Q. Was you sober enough to know which way they were carrying you?
Wilds. Yes I was brought to my senses by the fright; I cried out very much; they said no one had any business with me, I was their sister; that I had drank more then I should do, and I wanted to go to a bad house; but they would carry me home; they dragged me into Bethnal-green-field; at the back of the Blind Beggars, Harrison threw me down in the field; Mitchell held me while Harrison committed a rape on my body, and then Harrison held me by my two arms while Mitchell did the same; then Harrison drew a knife, and cut my stays down at the side of my breast; they took them off and left me as naked as ever I was born.
Q. Harrison you say cut your stays down?
Wilds. Yes; he was the first that was in the action.
Q. Did Mitchell do any thing in stripping of you?
Wilds. Yes; they both assisted.
Q. What became of your clothes?
Wilds. They took them from me.
Q. What did they do with them?
Wilds. Some of the clothes were found a great distance off.
Q. They left you in the field?
Wilds. Yes; they left me only with my stockings and cap on.
Q. Did you see what they did with your clothes?
Wilds. No; they beat me and bruised me, I had not strength to go one way or another.
Q. You say you was sober then?
Q. Which way did they go?
Wilds. Towards Bethnal-green mad-house.
Wilds. They took them with them, even my shift.
Q. How long was you in the field?
Wilds. Three hours.
Q. Did Harrison say any thing to you when he drew his knife and cut your stays?
Wilds. No; I begged my life very hard; he said he would not spare my life if I was not very quiet.
Q. Who was the first that came up to you in the field after the two prisoners went away?
Q. Did you find any thing again?
Wilds. Yes; my gown, stays, shoes and buckles, and the silk handkerchief, and the apron, were found again.
Q. Where were they found?
Wilds. A great distance off, I do not know whereabouts.
Q. Is the person here that found them?
Wilds. No; the shift and petticoats were quite entirely gone.
Q. Was you sober when you first met with them?
Q. Had you drank nothing?
Wilds. Only the part of a pot of beer at dinner between three of us. I met them between four and five in the evening.
Q. By that time it was almost dark?
Q. Did you ever see either before?
Q. Tho' these people could force you against your will into the public house they could not force you to drink when you was there?
Wilds. The fright overpowered my speech, I had not power to cry out.
Q. But you could drink, and drank enough to get in liquor?
Wilds. They forced it upon me.
Q. But you could not be forced to get in liquor?
Wilds. Yes, I was.
Q. What time was it when you got into the public house?
Wilds. Six o'clock.
Q. What did you drink?
Q. What sort of liquor is that?
Wilds. Its half and half.
Q. What was it spirituous liquor?
Q. Did you go to any other public house?
Q. They took you directly into the field?
Q. People you had never seen before?
Q. How soon afterwards was it before you saw? them again? did you describe the persons to the watchman that had injured you - to Butter?
Wilds I told it to one of the runners of the night in the watch-house.
Q. Butter was the first you saw; what was it you said to him?
Wilds. I told him I had been ill used and was very cold, and desired him to have some compassion on me; he pulled off his great coat and put it on me.
Q. Did not he ask you who had ill used you?
Wilds. No; I described them to the runner of the night in the watch-house, I described them by their dress.
Wilds. One was in a blue surtout coat, with his hair tied behind.
Q. How did you describe the other?
Wilds. The other had a surtout coat on, what they call a fryar's coat, a brownish colour; his hair was not tied.
Q. Did you describe them to be tall or short men?
Q. Did you give them any other particulars?
Q. How soon were they taken after this?
Wilds. In the evening.
Q. When did you see them?
Wilds. On Tuesday evening, at the Red Lion, in Holywell-lane; they were taken in a coach; I was brought there in a coach.
Q. Who was in the room when you first saw them?
Wilds. Two of Justice Wilmot's runners, and the folks that belong to me.
Q. Who else?
Wilds. The master and mistress of the house, and the boy that draws the beer.
Q. They were brought into the room to you?
Wilds. No, they were in the room; I was carried in the room to them; I sat down; they bid me look about, and I said, they are the men; then I was carried into the coach again to Justice Wilmot's; there I saw them.
Q. Who besides them was in the room?
Q. You could not then mistake them because there was nobody else to chuse out of; what do you say now, are you sure these are the men?
Q. It was almost dark when you met with them, you never saw them before, but you are sure they are the men?
Q. from one of the prisoners. What time was it we left you in the field?
Wilds. Between eight and nine.
Prisoner. She swore before Justice Wilmot it was between four and five we left her in the field.
Jury. How did you go from Long-lane to Shoreditch?
Wilds. I was taken along Chissel-street, over Moorfields.
Q. Was she with you the Sunday this happened?
Wilds. She dined with me in Shire-lane, at the Fountain; I came with her as far as Holborn-bridge.
Q. What time of day did you leave her?
Wilds. About three o'clock; I bid her go round the city way to Holywell-lane; she said she would go through the city.
Q. When did you see her again?
Wilds. On Monday morning.
- Butter. I found this woman in the fields, about a quarter before twelve on Sunday night, I was crying the hour upon the Green; when I came to the last beat, the last house, I heard a noise; I could not tell justly, where it was; I made up to it: it was against a gardener's gate facing the Globe-fields, as you go to Mile End, behind the Blind Beggars.
Q. How far is that from any public street or public passage?
Butter. She was within twenty yards of the gardener's house; there I found her standing; I asked her what was the matter; she said she was in great distress; I said who has been using you ill; she said two men. I found her naked all but her cap and stocking; I brought her up with our great coats till next morning; then her father and some acquaintance brought her things and took her home.
Q. from the prisoner. Whether you did not find some of these clothes?
Butter. No; a farmer's man found some on Monday morning.
Q. Are the clothes here?
Wilds. I have the gown on.
Q. Do you know what the clothes were?
Butter. I never opened them.
Q. Did you ask her who the men were, or whether she knew them?
Butter. No; I did not ask any questions.
Q. Who took the prisoners up?
Butter. Mr. Wilmot's runners I believe.
Q. How did they take them up?
Butter. Justice Wilmot's runner I believe took them up by her description.
Q. Do you know any thing of these men?
Butter. No; I never saw them before.
Q. to Prosecutor. Did you ever find your shift and your petticoats?
Q. How far is that from the gardener's gate?
Harling. About 40 yards. I found an apron, an old silk gown, a pair of stays, a pair of shoes, two old handkerchiefs and a pair of buckles.
Q. Were the stays whole?
Harling. They were an old pair; I do not know whether they were cut or not; there was a half pint pot and the finger of a glove in it, and two old handkerchiefs; I carried the clothes to the Salmon and Bull near the watchhouse, and left them there.
Q. to Wilds. Where did you get the things from?
Wilds. The watchman brought them when I was in bed, to dress myself to go before the Justice.
John Thorn . The girl lay knocking at my gate some time; a dog of mine barked that waked the family; I opened my bed room, and asked who was there; she said there was one that wanted me; I bid her come round to the window; she said she could not; I went to another window; she said she was in distress, she must and would come in; I bid her go down to the watch-house; she said she could not go down.
Q. What time was that?
Thorn. Just before the clock went twelve. I waited in the room till I saw the watchman come up; he spoke to her; I desired him to take her to the watch-house; he said he did not like to take her without an officer; while he was gone
Q. Did she say how she came in that condition?
Thorn. Just has she was going away she said she had been robbed.
Q. Did you hear her say by whom?
Q. Did she appear to be sober when she was brought to the watchhouse?
Butler. She did.
Q. Did she appear like a person quite sober?
Thorn. I should think she was a little in liquor; she insisted on coming in.
Owen. I cannot recollect seeing her; I recollect seeing Harrison there.
Q. Did you know him before?
Q. What time of day did you see him there?
Owen. Between four and five.
Q. Alone or in company.
Owen. There were a man and woman with him.
Q. How long did they stay?
Owen. I believe the best part of an hour.
Q. Do you recollect what liquor they had?
Owen. Five quarterns of liquor called gin and rasberry, and one pint of beer.
Q. Was the room full of company?
Owen. The room they were in was partly full.
Q. Do you recollect any thing particular in their behaviour?
Owen. No; I was in the bar, they were in the tap room.
Q. As to the woman, do you remember how she sat, whether on one side, or between them, or how?
Q. Are you clear Harrison was one of the three?
Owen. Yes; I am very confident.
I know nothing at all of the person; indeed I remember being in company with some girl, but I do not imagine this to be the same; I parted with her as soon as I came out of the house; the girl was in liquor a good deal; she said she was going to drink tea with somebody that met her; we declined her company and came home.
I do not remember ever seeing the girl in my life; I was along with Harrison, but I cannot remember being in any house, or with any girl whatsoever; I cannot remember rightly going out; I was greatly in liquor. This young fellow (Harrison) reports that when he came out of the house, he met a young fellow, and both came home together, and were home about six o'clock, at Joseph Harrison 's: Joseph Ellison it was went with us.
Q. What is he?
Thorpe. A china rivetter .
Q. Do you live near him?
Hurd. Not now; I never heard any thing amiss of him before.
Robert Upton . I have known him near a year and half; he was apprentice to Mr. Taylor, a paper-stainer , in Smithfield; he has worked for Mess. Salte and Baker, in Cheapside. He lodged at my house six months; he is strictly honest, and in general sober; he has not laid out of my house above five nights during the half year.
Q. Did he lodge at your house at this time?
Upton. Yes, till he was took up.
Q. When was that?
Upton. On Tuesday afternoon.
Q. What time was he at home on Sunday night?
Upton. Soon after eight o'clock.
Q. Do you speak with certainty about that?
Upton. Yes; it was between eight and nine.
Q. You are certain it was before nine?
Upton. Yes; I saw him that night, only that time.
Q. You did not see them together on Sunday?
Upton. No; on Tuesday morning I saw them together.
Q. Do you know the other?
Ellis. I had a little knowledge of him, in regard to his coming now and then to buy a stake of me; I am a butcher in Hosier-lane.
Both Guilty. Death . Recommended .
Ann Tinfield . I keep the Ship in Fore-street . The prisoner was walking about my tap room; I saw her take up a pint mug; I seized her, and took this quart mug from under, her petticoat, and the pint mug was concealed under her arm.
The mugs produced and deposed to by Rider and Geary.
I am eighty-three years old.
Guilty 10 d. W .
67 (2d. M.) WILLIAM GRIFFITHS was indicted for that he on the king's highway, on the Rev. William Dodd , L. L. D. did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silk purse, value 2 d. two guineas in money, numbered, the property of the said Dr. Dodd , Nov. 5 . ++
The Rev . Dr. Dodd. I was coming to town from Barnet on Thursday the 5th of November; we were rather late, having been detained from want of a chaise at Barnet, when I came near Tottenham court turnpike , three men came up from the brick kilns; one went up immediately to the boy that drove the post chaise and presented a pistol to him, ordering him to stand, or he would blow his brains out; I heard the words distinctly from the man; the post chaise boy stopped instantly; yet the moment the words were delivered, a pistol was fired into the chaise, which broke the side glass of the chaise, and went through the fore glass. Almost instantly after the pistol was fired a man opened the door, and demanded our money; I desired them to be civil as a lady in the chaise was much intimidated, as indeed all of us were, and we would give him what we had; we gave him what little we had made up in our purses, as it was late, with a view to the event. He went off, and carried away what he had with him.
Q. Do you recollect the person?
Dodd. No; I cannot say this was the man.
Q. Do you recollect what you gave him?
Dodd. Some silver first; afterwards a little green purse I had made up with I believe two guineas and some silver in it; it was about thatJohn Fielding , and shewed the manner in which the chaise had been broke. What the pistol was loaded with I cannot say. The prisoner is the man that fired the pistol and took our money; what are become of the others I do not know.
Q. Do you recollect the prisoner?
Dodd. I think so, though I cannot be so certain; I was on the opposite side of the chaise.
Mrs. Dodd. That young man stopped us within a very little way of Tottenham-road turnpike. I saw him cock the pistol and let it off; he behaved civil after he had opened the door. I am certain he is the person that fired.
Q. You are certain you know him?
Dodd. Yes, very well.
Q. You are very sure of the man?
Dodd. Yes, I am; he was very particular in the robbery, which made me take notice of him; he stood by the wheel of the chaise before he shot, for I was not so much frightened then, having never met with an accident of the kind, and did not suspect robbery.
John Denmore . I had an information that a robbery had been committed, upon a gentleman near Tottenham-court turnpike, and by the description that was given, I suspected the prisoner, and took, him into custody: he asked me if there was ever a one taken besides, that was an evidence against him, I told him, no.
I know nothing about the matter; I am a poor lad and have no witnesses.
Mrs. Dodd. He owned the fact before Sir John Fielding , and said he would discover his accomplice if he might be admitted an evidence; he said he cut the silk purse in pieces, and threw the green purse away, and that he tore the note to pieces.
Guilty . Death .
See him tried No. 723, last sessions for robbing Mrs. Constable on the highway, who was fired at and wounded previous to the demanding of her money,
81. (M.) HENRY PHILIPS, otherwise GARDNER , was indicted for the wilful murder of Jane Grecians , by shooting her, on the 21st of October , with a pistol charged with gun powder, and certain pieces of paper, by means of which she received a mortal wound on the right side of the face, of the depth of three inches and the breadth of two inches, of which wound she languished from the said 21st of October, till the 7th of November, and then died .
[He also stood charged in the coroner's inquistion with manslaughter.) *
Q. Do you know how she came by her death?
Sadler. On Wednesday morning, the 21st of October, about half after eight in the morning, I sent the prisoner into the kitchen to breakfast; he had not been there above the space of a minute before I heard the report of a pistol very plain; I looked upon it then to be the watermen at the stairs, so took no notice of it; in about another minute, the prisoner came running out of the kitchen into the shop: he clapped his hands together, and said, what have I done! I hope I have done no great mischief; I immediately replied, good God! have you been letting off a piece without knowing the contents or consequence of it; to which he answered, yes; I ran for a surgeon immediately without ever looking at the deceased; when I returned I found her in the parlour with her right eye out; I took it to be hanging upon her cheek; she said what has your wicked boy done to me? I said Jenny, how did the accident happen? she said it was no accident, but that he said he would shoot her; she repeated the words two or three times. The surgeon looked at the wound, and then advised me to send her to the hospital, which I did; then I secured the boy. When we came before the magistrate, he said he was putting the pistol upon the shelf and it went off by accident. The next morning I went to the hospital to see the deceased; I told her what he had said; she said it was false, for he pointed it to her; I asked her, did he point it to your stomach, breast or face? she said he pointed it to my face, and said he would shoot me; that she desired him to lay it by, and it went off immediately. I found this powder and these flints, (producing them) in
Q. Whose was the pistol?
Sadler. It belonged to a boy in the neighbourhood; the prisoner borrowed it but the night before.
Q. What age is he?
Sadler. About sixteen.
Q. Do you know of any quarrel between them?
Sadler. There was never any to my knowledge.
Q. She said he pointed it to her, and said I will shoot you; was that a boyish trick, or what?
Sadler. He took it from the place where he lay when he went to breakfast, pointed it to her and said he would shoot her.
Q. Do you know what the pistol was loaded with?
Sadler. Powder and wadden.
Q. There did not appear in her face any kind of mark but of powder?
Sadler. No, not as I learnt.
Q. What kind of wadden was it?
Q. Did you ask the deceased if there was any quarrel between them?
Sadler. I asked her if there had been any that morning; she said no.
Q. How has he behaved himself?
Sadler. Always very well; I have nothing to say against him in that respect. This is the pistol (Producing a large horse pistol.)
Q. Will it stand upon a half cock?
Sadler. No. He said he borrowed it for the 5th of November.
Q. You say it will not stand upon a half cock?
Q. The boy when he came in to you seemed much frightned?
Sadler. Yes; he seemed rather hurried and agitated, and said he hoped he had done no great mischief.
Isabella Brown. I was sitting in the kitchen with the deceased the night before this happened; the prisoner brought the pistol into the kitchen, and said he had nothing to ram it with; he cut a bit of stick and charged it with powder and wadden; then he brought the pistol to me and shewed me with his finger how much he had put in it; I asked him how long he had had it; he said about an hour; I bid him take care what he did; that was all that passed; he took the pistol and the lamp into his bed room; the deceased desired him either to give her the light or put it out; he told her he would not for such a scotch whore; she desired me to speak to him; I begged of him to put the lamp out or give it the deceased; he would not; therefore I went up stairs, and told my mamma, that he had a light and a pistol in his bed room; she came down stairs, and desired him to put it out, he said he would put it out when he had done with it; she said she would not stir till he had put it out, for that not only themselves but all the neighbourhood might be blown up. The deceased was at the stair foot; she said he had put it out.
Mary Mills . I am a neighbour to Mr. Sadler. About half past eight in the morning of the 21st of October, my boy, who was at my door, told me he heard the report of a piece that had been fired at Mr. Sadler's; I heard the shrieks of somebody; I went over to Mr. Sadler's; I saw the deceased standing against the parlour door; there was something hung out upon her right cheek, which appeared to me to be her eye; she said, madam, what shall I do? he has ruined me for ever: I said Jenny, how came it about? she said he threatened to do it, but she did not think he would be so wicked; the boy was in the shop; I asked him how he could be so wicked to do such a crime; he told me he did not think it would hurt her; he went in and got a cup or bason; I asked him where he was going; he told me to my house, to get some sweet oil to rub her face. I never saw the deceased afterwards.
Q. Did he seem to shew a great deal of concern for this?
Mills. He seemed frightened.
Q. Did you ever hear of any quarrel or wrangle between them?
Q. He was very ready to assist her?
Mills. Yes; he went after that of his own accord, to fetch' a surgeon.
Q. Seemed much concerned for her?
Mills. He seemed frightened; I did not see him cry.
Q. Did she say any thing about any quarrel between them?
Palmer. No; I asked her some questions of that sort; she seemed to say the boy and she had always lived upon good terms. I saw her again that day week; she died near a fortnight I believe after the time I saw her.
Q. to Sadler. Can you speak to the occasion of this woman's death?
Sadler. I heard them say that the wound she received was the occasion of her death; I saw her the Wednesday before she died; she died on Saturday.
Q. How did she appear when you saw her?
Sadler. Very low to what she had been; then there was an inflammation begun in the jaw.
Q. Did any other part besides the eye appear to be wounded?
Sadler. No; I apprehend it went up into her braid?
Q. Do you know the occasion of her death?
Sadler. That wound: I apprehend the socket of the eye was broke.
Q. Did you see the body after her death?
Sadler. Yes; there was a piece taken out of the top of the cheek bone and the socket was broke in one or two places.
Q. Did you examine to see whether any part of the wadden had penetrated the skull?
- Cozens the surgeon was called but did not appear; his recognizance was ordered to be estreated.
It was entirely an accident; I loaded this pistol over night with gunpowder and a piece of paper, and laid it under my bed; in the morning I took it from thence, with an intent to let it off at the wharf, over against my master's; just as I got my foot upon the step of the door, my master desired me to come in to breakfast, and for fear he should see it I put it down by my side, and took it into the kitchen; I said to the maid I had a good mind to let it off in the yard, only my master would hear it; she bid me lay it down; I did not point it at her; I was going to put it upon the dresser shelf; I had it between my finger and thumb to put it up and it went off, and struck me upon the eye, and knocked me backwards.
Q. to Sadler. Is that true?
Sadler. His eye was bleeding.
For the Prisoner.
Q. Had you any conversation with her?
Rogers. I said I was sorry for the affair; she said she owed the boy no ill will, for it was an accident. but a sad one to her; she said stand by me, there are two gentlemen coming; I do not like the surgeon. They said how do you do? she said better: they said you forgive the boy I suppose; she said yes; they said you would like to be forgiven yourself; she said I do forgive him.
Ann Hudson . I saw the deceased in the hospital, the day after the affair happened; I asked her if Harry and she had been quarrelling; she said no; I asked her how the affair happened; she said they were going to breakfast, that he stood by the dresser and she at the table; he had a pistol in his hand; she asked him what he was going to do with it; he said he was going to let it off at the wharf, but if it was not for that footer meaning his master he would let it off in the yard, and then it went off immediatly in her face. I went the Saturday following again; she asked me if I had seen the boy's mother; I said I had that morning; she seemed very much distressed about the affair; I said the boy seemed to repent very much, and had cried to his mother the over night, and said what would he give if he could but see Jenny; she said if I saw Harry's mother again, I might tell her she owed him no ill will at all.
Sadler. I went on Wednesday to the hospital; she said to me, the boy was to see me yesterday; I said you surprize me; she said did not I suffer enough without his coming?
Bartholomew Ryan . I went to a public house in Holborn for a pint of beer, about noon; I took out a 4 s. 6 d. piece to pay for my beer, and the prisoner snapped it out of my hand, and went out; I went out but could not see
Q. from the prisoner. Did not you give it me to get changed?
Ryan. I did not.
Thomas Kelly . I was in the public house; the landlord said he would not change it for a pint of beer; then the prisoner said give it me; the prosecutor did not give it him, but he snapped it out of his hand; he pursued the prisoner but could not find him.
I took it to get it changed; I lost it and was afraid to come back again.
Guilty . T .
The prosecutor was called, but did not appear; his recognizance was ordered to be estreated.
70. (M.) JOHN CROFTS was indicted for that he on the King's highway, on Samuel Gates , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 14 s. in money, numbered, the property of the said Samuel , Jan. 5 .
The prosecutor was called but did not appear.
71, 72, 73, 74. (L.) ANDREW MITCHELL , BISHOP HUMPHREYS , JAMES JONES , and TIMOTHY DORMER , were indicted for stealing two hundred and forty yards of linen cloth, value 9 l. and seven yards of Hessian canvas, value 4 s. the property of John Platt the elder , John Platt the younger , and William Turner , October 30 . *
Walter Long . John Platt , the elder and younger, and William Turner , live in Cornhill; they are linen draper s and co-partners: I am their clerk. On the 28th or 29th of October, we shipped sundry packages for Jamaica, among which was one bale containing two bales of German Osnaburghs, containing 227 ells, covered with six ells of Hesian canvas; they were sent to be shipped by John Gaywood ; I saw them delivered out of the cart at the key; that bale was delivered to be shipped with some goods of Mr. Barclay's, a draper in Cheapside. I have seen them since in the hands of John Gaywood ; here is a German mark upon this remnant of 125, the other 102; this is the same mark upon it as one had; I cannot swear to the piece.
Q. A vast number of bales bear the mark I suppose?
Thomas Wylde . I am foreman to Mr. Gaywood; I received a bale into my charge, on Thursday the 29th of October; we shipped it for Platt, Son and Turner. I knew no more of it till we were robbed again on the 3d of November; then we found some of the linen at one Mrs. Probat's the King's Arms, Tooley-street, facing Barnaby-street.
Q. You cannot tell that that was the same that was delivered to you?
Murphy again. I missed the bale when I came to the ship at Rotherhithe.
John Gaywood . I am a master lighterman. I know I had such a bale delivered to my people, to be shipped that day on board some vessel for Jamaica. Thomas Wylde is my foreman; Murphy is a journeyman. I was informed of its being missed the next day.
Q. Did you know what month it was?
Millan. I take it to be pretty near two months ago; he came to me and told me there were eight puncheons of brandy to pull up in the morning, and bid me step down; he said he wanted to speak to me; I dressed myself and came down; when I opened the door, Bishop said I might go up to bed again; I said, no, I have dressed myself, and will go about the 60 puncheons I have now got up; this was about four o'clock in the morning. When I came down with
Q. What size was this bale or parcel?
Millan. A little bigger than my thigh; there was another larger; he put it by himself. About ten o'clock in the morning I came home; there was Jones and one of these two men along with him; they asked me if I saw Bishop; I said no, I had not for some time; he swore and said I will never trust him any more to sell things for me, but I have sold it myself; he asked me to carry it for him to the place; I said I could not.
Q. Do you know that man?
Millan. He was a sailor-like man; I am not positive what his name is.
Q. Was it either of the men at the bar?
Millan. No, I do not know; I fetched him down one; he said he would carry it with him, and took it away. I told Humphreys afterwards when I saw him, a sailor had fetched it away; he desired me to give Jones the other to bring to him; he asked me if I would go and deliver the other to Jones, which I did.
Q. Do you know what it consisted of?
Millan. It seemed a fort of canvas.
Q. Was there any mark upon it?
Millan. A black mark: I did not observe what it was.
Q. What time was it when you delivered this bale to Jones?
Millan. The same day about twelve o'clock.
Q. from Jones. Did not Humphreys desire me to fetch it?
Millan. Yes; he did.
John Christie . I am an apprentice to the widow Boston, a lighter-woman; Dormer came to me on Friday the 30th of October, about five o'clock in the evening, and told me Mitchell and he had got a bale the night before, with two bales of cloth in it, and that Bishop Humphreys went along with him to the Sun and Anchor, St. Dunstan's-hill, and he asked me to go along with him there, which I did; we drank two pints of beer at the house; we asked the maid for the porter that lodged in the house; the maid told us the man stood by us; then Timothy Dormer asked that man, whose name is Millan, for the two bolts of cloth left there the night before; Millan said he has no right to deliver them, because I was with them when they were brought there; Millan said, upon writing a note, he would deliver one of the holes of cloth; after I wrote the note Millan went up stairs.
Q. What was the note you wrote?
Christie. I directed it to Bishopsgate-street; I think No. 23, where he might find me; he delivered the bale; Millan delivered the note to another man, and Timothy Dormer asked the other man for the note, and the other man delivered the note again.
Q. Who was that other man?
Christie. I do not know; he was a poor man, a porter at the Sun and Anchor. Dormer had the note again; he delivered it to me and I tore it.
Christie. That same night.
Q. In Millan's presence?
Christie. No. After we went out of the house I took the cloth upon my shoulder, and carried it part of the way to Bishopsgate-street; then Dormer took it upon his shoulder, and carried it to one Mrs. Kelly's, in Half-moon-alley, Bishopsgate-street; there it lay that night, and on Saturday the 31st, about nine in the morning, I went there; she measured the cloth; it measured 112 yards by her measurement; I believe she took pretty good measure; she bid me a guinea for it; I said it was not my property, I would not agree for it, but Timothy Dormer would be there in the evening, and if he and she could agree for it, she might buy it in the evening. Dormer came over the water to me at Chamberlain's wharf, where my foreman and I were loading a boat; he brought a large bale, and from thence we went to St. Catharine's; Dormer and I rowed the boat down, and my foreman sat upon the bale; that was a bale delivered on board another ship; after that we went to Mrs. Kelly's, and agreed with her for 27 s. for this piece of cloth; she paid it; I shoved the two half guineas and a shilling to Timothy Dormer , which he received, and I stopped 5 s. for my trouble.
Q. Did you know where the cloth came from?
Christie. No, I did not.
Q. Nor how they came by it?
Christie. I never asked them; the piece was marked in black; it was a German mark to the best of my remembrance, some sort of letters I did not understand.
Q. Was it such a mark as that?
Christie. I cannot rightly tell.
Mrs. Probat. Jones came to my house, the King's Arms, in Tooley-street, on Friday about two or three o'clock; he had a piece, I believe it might be whole then, I cannot say; he asked
Q. What day of the month was this?
Probat. I cannot say; it was some day in October. On Tuesday morning I bought twelve yards; he owed me half a crown I had lent him; I gave him half a crown more. The day it was bought Mr. Gaywood came into my house and saw it; he asked me if Jones had been there that morning; he said he had been robbed of a bale of cloth; immediately I shewed him what I had bought.
Q. From Jones. Whether there were not two men drinking in the house at the time you bought it of me, that owned the cloth?
Probat. No, never a one; two men came in after and enquired for you, when you was gone.
Jonathan Hambleton . Jones and two men dressed in sailors apparel came into my house, the King's Head in Tooley-street, within about 100 yards of Mrs. Probat's, on the latter end of October, or the beginning of November, I cannot say to the day they brought this piece of cloth, and asked me if I would buy some of it; I looked at the cloth, and asked one of the men where it came from, if it was Russia cloth; they said they brought it from Jones; I sent for my wife to look at it; I put it in the bar; the next day about twelve o'clock Jones came, and took it away; some time after dinner he brought it back again, and said I should have it for 5 d. a yard if I would take a compliment; I agreed to take 30 yards.
Q. Was there any more with him at the taking the money?
Hambleton. There were two when he first went in.
Q. Did he sell it as cloth of his own or one of these men?
Hambleton. As for one of those men.
Q. Were either of the prisoners there?
Hambleton. I cannot swear that they were; two of the prisoners were there the second day, Humphreys and Mitchell.
Q. How much was sold the second time?
Hambleton. Eighteen yards to a woman, a customer; it was sold as the cloth of the sailor, Mitchell.
Q. When was this?
Jones. About seven weeks ago. I am a publican, in Barnaby-street; he brought the cloth into the kitchen.
Q. Was any body with him?
Jones. No, not in the kitchen; I do not know who might be forward.
Q. to Long. You have seen this cloth?
Q. And the cloth that Jones brought?
Q. Can you swear it is the cloth of Platt and Turner?
Long. No, I cannot; it corresponds with our book, but it is impossible to swear to it.
I know nothing at all about this cloth; I never had the cloth, nor ever sold it.
Millan. I will not swear to the man; it is like the man.
Mitchell asked me for a house to put some goods in; I went along with them; they gave me a six-pence and a pot of beer; I called up Millan and left it with him.
John Shepherd . I am a constable at Tower-wharf; when I had Bishop and Mitchell before my Lord Mayor, Mitchell said he was concerned in stealing this bale, and he said he had no more than 6 s. of the money, and he said Humphreys was concerned with him.
Q. What bale was he charged with?
Shepherd. The bale belonging to Mr. Gaywood.
Mitchell was the person that ordered me to go to Millan; I came down at ten or eleven o'clock; I do not know the day; Mitchell and Bishop were in the public house; Mitchell asked Bishop if he had got the bale Millan left; he said, no; then Mitchell ordered me to fetch it, and he asked me if I could sell some more for him; I did, and paid him the money.
I never knew any thing about it till I was taken into custody: I never saw any of the witnesses before to night.
Q. to Millan. Do you know any thing of Dormer?
Q. Did you live near him?
Ellis. No; I saw him in the street; he lived once in the Borough; I do not know where he lives now.
Dormer called James Austin who had known him six or seven years; Thomas Gardner who had known him a year ago; Thomas Max seven years ago, and Joseph Car from a child down to the present time, who all gave him a good character.
All four Guilty . T .
75. (L.) JOHN LAW, otherwise LOW , was indicted for being found at large, without lawful authority or sufficient excuse, in the parish of St. Andrew, Holborn, before the expiration of the time for which he received sentence to be transported, against the statute . +
The record of his conviction was read, by which it appeared, that he was tried in the mayoralty of Mr. Alderman Turner, for stealing three laddles and a bridle, the property of Joseph Etherington , at the Black Dog, at Highgate, of which he was convicted, and received sentence of transportation for seven years.
See No. 381 in Mr. Alderman's Turner's mayoralty.
Wood. Perfectly well.
Q. Do you know any thing of his having been indicted here?
Wood. Yes; he was tried in Alderman Turner's mayoralty from the Black Dog, at Highgate: I cannot recollect the prosecutor's name; the prisoner was cast; I was present at the trial; Philips and I took him up for that fact. I have seen him several times in Smithfield; since he returned from transportation, and have begged of him to get out of the way, for fear I should have charge of him.
Q. Was you present when he was tried?
Q. What was it for?
Philips. For stealing some bridles and saddles from Mr. Etherington's, at the Black Dog at Highgate. I had them in my possession.
Q. Do you know any thing of his being at large afterwards?
Philips. Yes; I took him in a lodging house, in Field-lane, on the 10th of last month.
Q. from the Prisoner. Whether you have not known me always to get my living honestly?
Philips. I believe he got his living honestly.
Q. How came you to take him at last?
Philips. I went to take a person at the lodging room; I saw the prisoner there, and a person desired me to take him away.
I was transported for a thing I was innocent of.
Court. The only charge before us is, for your having been transported by lawful authority, and being now found at large without sufficient excuse.
Prisoner. I have got my living by buying and selling horses.
For the Prisoner.
Thomas Ferry . I keep a butcher's shop in Leadenhall-market: I have employed the prisoner to the time he was taken: I entrusted him with horses, and he always behaved well; I would employ him again if he happened to be acquitted.
- Kirby. I have known him four or five years. I deal in horses; I have entrusted him to sell horses for me, and he always behaved honestly by me.
Q. Do you know of this affair of his?
Kirby. I have heard something of it, but do not know the particulars.
Guilty . Death .
The record of his conviction was read whereby it appeared that he was convicted at the general quarter sessions for Westminster, on the 9th of October, 1771; and received sentence of transportation for seven years.
Q. Are your positive he is the man that was tried at that time?
Q. Are you positive he is the man?
Barton. I am; he is very remarkable; he has a wooden leg.
Barton. I was at the watch-house that night the prisoner came there, after the squabble, and we secured him.
I have nothing to say.
Guilty . Death .
78. (2d. M.) THOMAS PARR was indicted for stealing two cloth jackets, value 4 s. a pair of cloth breeches, value 4 s. a pair of worsted stockings, value 2 s. two silk handkerchiefs, value 2 s. and 4 s. in money, numbered , the property of John Taylor , Sept. 17 . ++
The prosecutrix deposed that she went out on the 28th of November, and did not return till the evening, when she found her door open, and missed a russell petticoat.
- Betson deposed, that the petticoat was pledged with her by the prisoner. (It was produced and deposed to by the prosecutrix.)
The prisoner said nothing in her defence.
Guilty . T .
Both acquitted .
John Grammer . I lost the things mentioned in the indictment out of my shops little after six o'clock; as I was sitting behind my shop, I heard one of my apprentices cry out, stop thief! upon which I ran out, and found they had taken the prisoner.
John Butcher . I am an apprentice to Mr. Grammer: I was in the shop; the prisoner came into the shop, snatched the paper of stockings off the counter, and ran away; I raised a cry of stop thief! upon which the prisoner was pursued and was taken by Mr. Murdock, when the dropt the stockings.
I picked them up.
He called Roberts, who said he was a hairdresser; that he was out of employment, and had enlisted in the army; that he had known the prisoner a great while; that he was passing at the time, and saw him stoop and picked up the stocking very leisurely one after another; that he heard no cry of stop thief, nor saw any particular hurry in the street; that he was acquainted with him; but and not speak to him at the time, because he was in a hurry.
Guilty . T .
(The record of his conviction was read, wherein it appeared, that he had been tried at the assize at Nottingham in the year 1770, and received sentence of transportation for seven years.)
John Heley . I was at Nottingham when the prisoner was tried; he was convicted, and I saw him receive sentence and after that I saw him with the rest of the transports go on board the ship at Iron Gate near the Tower; and I saw him at large on the 25th of September, about a month after the assize, in Mutton-lane, or I believe it is Vine-street, near Hatton-Wall.
Q. Are you sure this is the same man?
Heley. Yes; I have known him for some years.
The ship was cast away, and I was brought home in a brig, in great distress, to Plymouth. The ship's name was the Alexander. I was taken out of my master's house where I was apprentice.
Elizabeth Bagnall . I am his mother. The captain when he went away, said he was to return in about four or five months; I went to the merchant; he said the ship had met with an accident, and I need not enquire farther after it, for on account of its not returning, he had been obliged to contract with another ship.
- Child. I went with Mrs. Bagnall to the coffee-house to enquire after the ship; one of the seamen came out and said he knew the ship very well, and he had seen part of the wreck.
Prisoner. I was cast away near the rocks of Scilly; I was taken up by a brig. When I came back I went to consult with my master whether I should give myself up to a magistrate.
Guilty Death . Recommended .
84. (M.) MICHAEL DOYLE was indicted for being found at large in this kingdom without lawful authority or sufficient excuse, before the expiration of the time for which he received sentence to be transported : +
(The record of his conviction was read, whereby it appeared that he was tried in the mayoralty of Mr. Alderman Kite, for stealing some wearing apparel, the property of Samuel Jones and Thomas Griffiths , of which he was convicted and received sentence of transportation for seven years.) *
* See No. 491. in Mr. Alderman Kite's mayoralty
Richard Wright . I know the prisoner to be the person that escaped at the corner of the Old Bailey when we were taking the transports to Black-friars; he cut the chain and got away. I saw him in the chain, he was the first upon it: he was tried in the year, 1767.
Q. Do you know any thing of his being tried?
Heley. Yes; he was tried twice, once he received his majesty's most gracious pardon.
Q. Do you know any thing of his being transported the last time?
Heley. I was not in the court.
Q. Do you know any thing of his having been at Carolina?
Heley. Nothing more then he told me.
Mr. Richard Akerman . I remember this man's receiving sentence in September sessions, 1767; he was convicted on the 14th of September. I was at the lower part of the chain, when we were taking the transports to put on board the vessel at Black-friars; one of my men came, and informed me, Doyle and another had got from the chain and run away.
Prisoner. I am the man. I came home through sickness. I have lived honestly ever since.
For the Prisoner.
Doyle, I am his mother.
Q. Where he had been these last four or five years?
Doyle. Out of England, he came home about six months ago, or a little more; he was very ill with the white flux and dropsy when he came home.
Q. What has become of him these six years?
Dowland. I do not know, he has been out of England; I have not seen him till within this two months; I saw him then at his mother's.
Guilty . Death .
John Bullock , Nov. 27th .
A 2d Count charged it as being done on the king's highway, or in an open place near the king's highway. ++
Mr. John Bullock . As I was going through Church-alley, Aldermanbury , on the 27th of November, to Basinghall-street, at eight o'clock in the evening, when I was in the middle of the alley, I observed three men; one of them stopped me, and presented a pistol to my breast, and another presented a pistol to my side; I said what do you want, and immediately I received a blow, which was succeeded by two or three more, which brought me to the ground; I cried out, murder! upon which they run away, and took my cane with them; they beat one of my teeth out, and my gums were much bruised.
Charles Bailey . The prisoners and I went out with an intent to rob somebody in the street; we met Mr. Bullock in an alley that goes from Aldermanbury to Basinghall-street; Bayliss presented a pistol to his breast, and Crompton presented another to his side; Mr. Bullock made some little noise, which being frightened at, they knocked him down, and took his cane and ran away with it.
Q. Are the two prisoners the persons you speak of?
Bailey. Yes; the cane was carried to Bayliss's room.
Q. What was done with it?
Bailey. From thence it was carried to Crompton's room to be valued; Mr. Philips has it I believe; he took it out of Bayliss's room.
Percival Philips . I am a constable: I know Bayliss very well; I don't know Crompton. I was desired to go after Bayliss, to No. 1, in Sugar-loaf-court, Garlick-hill; he lived there up one pair of stairs; when I came into his room I saw this cane; hearing the gentleman had been robbed of a cane, I took it away; it has been in Mr. Bond's custody ever since.
Mr. Bullock. This cane is my property.
This brother of mine, if I should call him so; brought the cane up into my room to know whether the head of it was gold or no.
I am as innocent as the child in the womb: I am a chimney-sweeper and work very hard for my bread.
William Pain . I am a carpenter: I have known Bayliss several years, six or seven I believe; he was clerk to one Mr. How, an attorney, and bore an extraordinary character; he has left Mr. How about two years since.
Q. from the Jury to Bailey. Who directed the officer into your brother's room?
Bailey. My other brother.
Both Guilty Death . Recommended .
(M.) NATHANIEL BAILEY , alias BAYLISS was a second time indicted for being found at large, without lawful authority or sufficient excuse in this kingdom, before the expiration of the time for which he received sentence to be transported .
To which he pleaded guilty . Death .
See him tried No. 328 for stealing goods to a great amount in a dwelling house, and No. 409 for burglary, both in the last mayoralty, for the first of which offences he was convicted of single felony, and received sentence of transportation for seven years.
86. (M.) WILLIAM MABIN was indicted for breaking and entering the dwelling house of Robert Kerby Cox , on the 22d of October , about the hour of eight in the night, with intent the money and effects of the said Robert to steal . +
87, 88. (M.) MARGARET WILSON and ELIZABETH TAYLOR , spinster, were indicted for stealing a five guinea piece, a guinea, a nine shilling piece, and a linen handkerchief , the property of Samuel Day , Oct. 19 . +
Jane Lowe the wife of William Lowe , deposed,
"that she keeps a broker's shop, in
"out of her shop window on the 2d of December,
"which she produced and deposed to."
"that she saw the
"prisoner take a tea chest out of Mrs. Lowe's
"shop; that she immediately pursued her, stopt
"her, and took the tea chest from under her
The prisoner, in her defence, said,
"not put it under her cloak."
Guilty . W .
90, 91. (M.) MARGARET WHITE , spinster, and JANE BENNET , spinster, were indicted, the first for stealing a pair of linen sheets, value 12 s. two linen shirts, value 4 s. a cotton gown, value 6 s. a cloth apron, value 6 d. and a pair of stays, value 7 s. the property of Elizabeth Probat , spinster, and the other for receiving the cotton gown, the cloth apron and the pair of stays, well knowing them to have been stolen , Sep. 16 . +
Elizabeth Probat , I am a washer-woman , and live in Denmark-street . I employed the prisoner (White) to assist me; I observed on the 14th of September, she had a handkerchief of mine upon her neck; I took her up on the 16th, having missed some more things, and I found a gown and apron at Mrs. Bennet's. The other prisoner, who is a dealer in clothes, and White, informed me of two or three other places, where I found some other things. Bennet gave her a character, when I took her. Bennet pressed her to tell me where my things were; they both at that time denied having any knowledge of them.
William Taylor . I am a constable; I took up White in Bennet's appartments; I told Bennet I had a warrant to search her room; she said I was very welcome to search, for if there was any thing there that was stole it was unknown to her, for she had been out of town some time. I found an apron on the back of a chair, and a gown in a basket under the bed, which were owned by the prosecutrix. Bennet owned she had sold a pair of stays White brought to her.
- Dillow. I bought these two shirts (producing them); they were brought to me by Mrs. Bennet's little girl.
White said nothing in her defence.
Bennet said that she sold the stays at the request of White, and knew nothing of the other things being in her room; that they were brought there when she was out of town.
Bennet called eight witnesses, who gave her a very good character.
White Guilty . T .
Bennet acquitted .
Godfrey Elke . I am a taylor , in Leicester-street ; the prisoner used to do char work for my lodgers. On the 27th of November, I met her coming out of my yard door with a copper stew-pan in her apron; I suspected it was mine; I asked my wife if she had lent this woman a stew-pan; she said she had not; I went after her, and found her with it in her apron; but as I had no knowledge of the law of England, I did not know that I could be justified in taking her up without an officer; I went to my wife to ask her advice, and when I went back, she was gone, and I have never seen the stew-pan since.
I was never out of the house where he found me: I had no stew-pan.
Guilty 10 d. W .
94. (M.) MARY THACKER , spinster, was indicted for stealing 19 yards of linen check, value 15 s. and 37 yards of printed cotton, value 40 s. the property of John Culprit , privately in his shop , July 29 . ++
John Culprit . I am a shop-keeper at Chelsea . I detected the prisoner coming out of my house, on the 29th of July, with 19 yards of linen check of mine upon her; I secured her, and she confessed not only stealing that, but also 37 yards of printed cotton, which she said she had
I never was in his shop nor near it.
Guilty of stealing, but not privately, in the shop . W .
Mary Knightly . Samuel Knightly , my husband, is a silver-smith , in East-Smithfield , the prisoner came into the shop on the 27th of November, between three and four o'clock in the afternoon; and offered to sell me a shirt buckcle; I did not buy it; he asked to look at some silver buckles: I took the drawer out, and he took up that pair of buckles to look at. As soon as he was gone I missed the buckles; I told the maid of it; I rung the bell for my husband, and the maid and I went after the prisoner; we overtook him; I charged him with stealing the buckles; he denied having been in the shop; I desired him to go back with me which he did; when we came back, my husband was in the shop; we searched him, and found the buckles in his left hand breeches pocket.
I was very much out of my mind, and could get no work; I actualy did it as the gentlewoman has said.
Guilty 4 s. 10 d.
96, 97. (2d. M.) JAMES DEDELL and SAMUEL DEAN were indicted for breaking and entering the dwelling house of John Burton , on the 15th of November , about the hour of five in the night, Mary the wife of the said John being therein, and stealing two black silk cloaks, value 5 l. a large old pier glass in a gold frame, value 40 s. a mahogany knife tray, value 2 s. six dessert knives with ivory handles, value 4 s. six dessert forks with ivory handles, value 2 s. nine case knives with red wood handles, value 2 s. nine forks with red wood handles, value 2 s. and a silk bonnet, value 2 s. a damask linen table cloth, value 2 s. the property of the said John in his dwelling house .
Both acquitted .
John Burton . I am a musician. I come out of Staffordshire; I knew the prisoner there; he married Margaret Heath about twenty-three years ago; I married her sister; they dined at my house on their wedding day. I saw her alive and well when I came up now to London.
The prisoner acknowledged his marriage with Eleanor Richards , but said that she had another husband living at the time, which Richard acknowledged, but alledged in excuse for her marriage with the prisoner, that she had discovered that that husband also had another wife, but no proof being produced of that, the prisoner was
99, 100. (2d. M.) MARY PLUNKET , spinster, and ELIZABETH LINDSAY , spinster, were indicted for that they on the king's highway, on Joseph Ball , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a hat, value 2 s, and a silk handkerchief, value 2 s. the property of the said Joseph , Nov. 20 .
The prosecutor was called, but did not appear; his recognizance was ordered to be estreated.
Both acquitted .
101, 102, 103. (M.) HENRY PUGH , THOMAS CLARK and JOHN RICE were indicted for breaking and entering the dwelling house of Thomas Benn , on the 2d of February , about the hour of eight in the night, and stealing a bed quilt, value 2 s. a blanket, value 3 s. a cloth coat, value 5 s. a silver watch, value 30 s. a wooden box, value 4 d. and twelve silver buttons,
Both acquitted .
104. (M.) ESTHER MIDDLETON , spinster, was indicted for taking away with intent to steal, embezzle, and purloin, two linen sheets, value 3 s. two blankets, value 2 s. one pair of bellows, value 6 d. a wooden pail, value 6 d. a frying pan, value 6 d. and a bolster, value 2 s. the property of William Creighton , Oct. 5 . *
- Seally. I went out of the compting-house into the back yard; while I was there, I saw the prisoner come into the compting-house and take a great coat off a chair. I stopt him with it as he was going out of the door. (The great coat produced and deposed to by John Wickham .)
I did not intend to take the great coat; I only had it in my hand; I went there to ask charity.
Guilty . T .
William Pain . I attended at the Masion-house at the request of my Lord Mayor, on Sunday the 8th of November. the day my Lord Mayor was sworn in at Guildhall , I saw the prisoner take a handkerchief out of a man's pocket; I secured him, and the owner of the handkerchief went with me to take the prisoner to the Compter; his name is Cooper, and lives at Finchley, but he is not here.
I picked the handkerchief off the ground.
Guilty . T .
William Pain . As I was going through St. Paul's Church Yard, on the 4th of November, in my way home, I met the prisoner and two more; I saw they were at a gentleman's pocket; I turned back and followed them; the gentleman went to an inn in Friday-street ; they stopt when he went in, and when he came out again, the prisoner picked his handkerchief out of his pocket; I pursued him and secured him with the gentleman's handkerchief upon him. The owner of the handkerchief had taken a place in the coach for Bath, and was to set out the next morning.
I picked up the handkerchief.
Guilty . T .
Archibald Macmaster . When I was upon 'Change last Thursday about three o'clock, I felt something at my pocket; I put my hand in my pocket, and missed my handkerchief; I looked round and saw the prisoner drop it; I immediately secured him.
I was looking at the kings and queens on the 'Change, and the gentleman laid hold of me, and said I picked his pocket; just as I came to the gentleman two boys ran away.
Guilty . T .
Both acquitted .
James Ellotson Bowen . As I was going down Fleet-street , on the 15th of November, just after twelve o'clock at night, I felt something at my pocket; I turned about and saw my pocket book in the prisoner's hand; as there was not any person near me I was rather afraid, but I walked with him and kept my eye upon him, till we came to a watchman's stand; then I called the watchman over; and seized the prisoner, with my book in his hand.
The prisoner, in his defence, said, he was not near the prosecutor.
He called two witnesses, one of them seemed to have a very slight knowledge of him, the other gave him a good character.
Guilty . T .
Q. How much did he take the second time?
Botterrell. Half a pound.
My master there (I forget his name) gave it me; he told the witness so.
Botterrell. He did not say any such thing then.
Guilty . W .
Richard Allom . I live on Holborn-hill , four doors from Hatton-garden. I saw the lawn hanging at my door about six o'clock in the evening on the 3d of November, just after I had seen it, a person called out to me that it was taken away; I looked and missed it.
Robert Miller . As I was coming down Holborn, I saw the prisoner come out of Mr. Allom's door way with this lawn under his arm; I went after him; he turned up Hatton-garden, I tried to catch hold of it but could not; he droped a corner of it; I trod on it and got it from him; he dropt his hat but would not stop for it; I cried stop thief! and still followed him; I struck him on the neck and knocked him down, and then he put up his legs and threw me (The lawn produced and deposed to by the prosecutor.)
He did not take it from me; there was a cry of stop thief, and because I was running he knocked me down.
Guilty . T .
113. (L.) JOHN RICHARDSON was indicted for ripping, cutting, and stealing 26 lb. of lead, value 2 s. the said lead being affixed to a certain dwelling house the property of Michael Ham , Nov. 10th . +
Michael Ham . I have a house rebuilding on Snow-hill ; I was informed some of the lead had been stripped off, and was before the magistrate; I was ordered by the justice to see if the lead fitted the place from whence my lead was stole; upon hammering it down, it fitted exactly.
George Black . On the 10th of November, about seven in the evening, I saw two or three men in this house putting something into a sack; I asked them what they did there; one said d - n you, what is that to you: I said, what have you got there? the prisoner said d - n you, take it, and chucked a large parcel of lead at my breast; I caught it; he ran away; I pursued him, and he was taken; I found a sack there, and a piece of lead that weighed two quarters of a hundred and ten pounds.
Oliver Pelson . I heard the cry, stop thief! I saw the prisoner running, and Mr. Warner and Mr. Black following him; I joined in their pursuit and he was never out of my sight till the mob got round him and he was taken.
I was walking with a friend from Norton Falgate; I was stopt by these people as I was crossing Cow-lane; for why I cannot tell.
He called three witnesses, who gave him a good character.
Guilty . T .
Benjamin Williams deposed, that the prisoner came to the shop where he was at work, and asked to buy some shoes; that he snatched five shoes out of the window.
I heard say that this man would take away 40 lives for 40 shoes.
Guilty . T .
Second Count for uttering as true, a bill with the said false indorsement with the like intention.
Fourth Count for uttering the bill with the said forged indorsement, with the like intention. *
(The witnesses were examined apart at the request of the prisoners.)
Elizabeth Neale . Miss Elizabeth Moore ave me a note to carry for acceptance to Smith, Wright, and Gray, in Lombard-street, some time in April 1771. about the 20th. Bird was in the parlour when I came in with the note in my hand; I said I did not rightly know the house; Mr. Bird offered to take it, and get it accepted, to save me the trouble of going into the city, and as there was no indorsement upon the bill I gave it him: he lodged at my house; and passed for an officer.
Q. Where do you live?
Neale. In Parliament-street. As he appeared like a gentleman, I had no doubt of him? the bill had 21 days to run after acceptance; he went out, and returned about three to dinner, and told me he had left the note for acceptance at the bankers; I enquired if that was common, and was told it was; he lay at my house that night, and went away in the morning, and I never saw him again till he was brought to Sir John Fielding 's upon some other affair; that was a little before the last sessions; the note was there produced: this is it (producing it.)
Q. Did you ever see Mr. Bird write?
Neale. No; I saw Miss Moore write to stop payment of the bill.
Q. from the Prisoner. Did not you know the note was accepted on Monday night?
Prisoner. Did not I tell you it was, and that I paid the money to Miss Moore?
Thomas Read . I am apprentice to Mr. Thompson, a hosier, in Newgate-street; the prisoner came to my master's, and looked out some stockings, on the 22d of April 1771, to the amount of 40 s. he presented this bill, and desired to have cash for it: I took it to Mr. Thompson; he desired me to tell the gentleman he would have nothing to do with it; which I did; he said if we had any doubt, he was willing to stay till we enquired at the bankers whether it was a good bill, and their acceptance accordingly; I went to Messrs. Smith, Wright, and Gray; they said it was a good bill, and their acceptance; they asked me the reason why I brought it; I told them because it was offered by a stranger; Mr. Thompson gave him change for it; I told them because it was offered by a stranger; the next day Mrs. Neale came to out house, and said the bill was forged; he brought it the same day it was accepted.
Q. I suppose Smith, Wright, and Gray are Quakers, because it is accepted the 22d day of the 4th month.
Read. They are Quakers.
Q. to Neale. How came you to go to Thompson's?
Neale. I went to the bankers and they directed me there.
Q. You have seen Miss. Moore write?
Neale. I cannot swear to her writing.
Drew. If it is her writing, it is a large ungainly hand (looks at the name.) I do not think upon the virtue of my oath it bears the least resemblance whatever to her hand. I know the drawer of the note very well. (The note read.)
Capt. West. I know Mrs. Neale and the prisoner at the bar; I was with him a day or two in the house; I remember the prisoner being in the parlour; Mrs. Neale asked me if I was going into the city and if I was she begged me to get a note accepted for Miss. Moore; I told her I was not going into the city, that day; the prisoner said I know the house very well, if Mrs. Neale will trust it with me, I will get it accepted for her; then I went out of the house; he told me he was an officer; I asked him what regiment he was in; he said he was not in any regiment; but belonged to the Warwickshire militia.
Guilty . Death .
Mary Wilds , who is sixteen years of age, deposed, that the prisoners met with her in Long-lane, Smithfield; that they dragged her to the Swan at Shoreditch, where they forced liquor upon her till she was intoxicated; that they staid above an hour and drank among them three quarterns of rasberry and a quartern of gin; that afterwards they dragged her to Bethnal-green fields ; that there Harrison threw her down, and that Mitchell held her arms, while Harrison entered her body very violently, and put her to much pain; that she believed he was in her body forty minutes; that then Harrison held, her arms while Mitchell did the same, and that Mitchell was in her body about thirty minutes; that she resisted as long as she had strength, and cried out; she was asked how long it was after she was in the field before Harrison lay with her; she said about a quarter of an hour; that then Harrison took out a knife, and cut her stays down; then stripped her naked to her stockings and cap; and gave her many blows on her body; that she begged very hard for her life, and they told her if she was not quiet they would not spare that; that then they went off towards the mad-house, taking her clothes with them; that she remained in the field three hours, till she was found by John Butler , a watchman, who took her to the watch-house. On her cross examination, she said she did not tell Butler she had been ravished; she told him she had been very ill used; but did not mention particulars; that she first mentioned the rape to one of the runners of the night; that she never saw either of the men before; that she was forced all the way from Long-lane; that every thing was done by force; that she met two or three people by the way; but not a great many; that they went up Barbican, through Beech lane, Chiswell-street, across Moorfields, and through Holloway row; that they held her and dragged her all the way; that she did not see above a dozen people all the way; that they went one on each side of her, and held her arms, and so forced her along; that when people stopt to enquire into the matter, the prisoner said she was their sister, and they were taking her home, to prevent her going to a bad house.
Esther Owen , who keeps the Swan, Shoreditch deposed, that Harrison, another man, and a woman, were at her house on Sunday night; that they sat in the public tap room; that they had four quarterns of rasberry, one quartern of gin and a pint of beer, and that they went out very freely together.
Martha Walker , a midwife, deposed, that she was called to examine the prosecutrix on Wednesday; that she was of opinion that her body had been recently entered, and from the appearance she supposed it to be the first time; that she saw no signs of any violence having been done her, but that if she had been forced, the symptoms might have left her in that time.
I know no more of the girl than the child unborn.
I do not know that I ever saw the girl.
They called William Haines , who deposed that he was at the watch house when the prosecutrix was brought in; that she said she had been drinking with some people, who dragged her into a field, where both of them lay with her; that each gave her a quarter of a guinea, and that then they stripped her clothes off; that he asked her if she had been great with any men before, and she said a hundred; she said with one six weeks before; that he asked
They called the same witnesses to their character as on the last trial, for which see No. 64, and 65 in the first Part.
Both acquitted .
Both acquitted .
Both acquitted .
122, 123, 124. (L.) FRANCIS TALBOT , LYON LYONS, otherwise LEVI LYONS , and JOHN FOWLER , were indicted for breaking and entering the dwelling house of Mary Newman widow; on the 25th of September about the hour of three in the night, and stealing five silk gowns, value 14 l. a linen gown, value 12 s. a silk gown, value 13 s. a silk cloak, value 20 s. a linen apron, value 13 s. three yards of linen cloth, value 4 s. a silver milk pot, value 25 s. a silver pepper box, value 20 s. three silver table spoons, value 30 s. a pair of silver tea longs and six silver tea spoons, the property of Mary Newman , and a mahogany box, value 12 s. the property of Nathan Fowler , in the dwelling house of Mary Newman . ++
All three acquitted .
Q. to the prosecutor. Did you ever miss any bacon?
Cumber. Yes; I missed a hock that day.
Ryland. The other man went off directly with the bacon; I followed the prisoner and secured him; I never lost sight of him.
I know nothing of the bacon.
Guilty . T .
126. (M.) MARTHA LUKE was indicted for stealing a copper tea-kettle, value 2 s. a brass candlestick, value 1 s. a looking glass, value 3 s. and a pair of worsted stockings, value 2 s. the property of Robert Bruce , Dec. 5th .
The prosecutor was called, but did not appear; his recognizance was ordered to be estreated.
127. (2d. M.) TIMOTHY ERWINE was indicted for stealing a silk cloak, value 2 s. a silk hat, value 2 s. one silk handkerchief, value 6 d. a linen handkerchief, value 1 d. a pewter pepper box, value 2 d. and a pair of women's wooden clogs, value 2 d. the property of John Burn , Nov. 30th . +
128. (L.) MARY PECK , spinster, was indicted for stealing a gold ring, value 10 s. a pair of silver shoe buckles, value 12 s. a pair of silver knee buckles, value 2 s. a pound weight of thread, value 10 s. the property of Edward Quale , Oct. 30 . ++
Edward Quale . I live in Houndsditch Liberty. As I was coming through Gravel-lane , on the 10th of October, I met three women and a man; they collared me, and carried me by force into a house; the three women flung me down; they got upon me, and almost stifled me, and then took from me the things mentioned in the indictment. I am certain the prisoner is one; she took my knee buckles; I have seen her several times; she lives in Gravel-lane.
The prisoner in her defence called one witnesses, who said the prosecutor had offered to compromise the matter, and another witness, who said that the prosecutor went into the room of another person, and insisted that was the room he was robbed in.
Guilty . T .
ISABELLA GRANT was indicted for stealing a brass skillet, and a pewter dish, value 1 s. the property of Mary Pugh , Oct. 26 . ++
Guilty . T .
Edward Atkinson , a shoe-maker at Edmonton, deposed, that he went into a public-house at Southgate , to drink; that he laid two pair of childrens shoes wrapped up in a handkerchief upon a dresser; that some time after he was informed the prisoner had taken his handkerchief; that he went out, and saw the prisoner on horseback at the door; that he stopped him, and found his handkerchief containing the shoes in the prisoner's basket.
The Prisoner in his defence denied having any knowledge that the shoes were in his basket, and called several witnesses to give William Colt a bad character; the reason for which, upon enquiry, turned out to be that he had informed against two or three people for poaching.
Guilty . W .
Joseph Hendsfield . I am clerk to Mr. George Dale , who is an inn-keeper . The prisoner and a sailor came into the tap room; the sailor came into the kitchen to speak with the cook; the prisoner followed him in; they eat some beef with the cook: within five minutes after they went away, a silver table spoon and a marrow spoon were missed; Thomas Dungeon pursued them, and brought them back; they were searched, but the spoons were not found. The prisoner went out and I followed him under the gateway; I saw him scratching among some ashes; soon after that I saw him again scratching among the ashes; then he and the sailor went away. I examined the ashes but could not find the spoons; I watched them into a public house at Smithfield; then I got a constable and secured the prisoner; I put him in a coach, and as we were going along, we took the spoon out of his hand: he dropt the other in the coach.
I am innocent of the charge.
Guilty . T .
133, 134, 135. (M.) THOMAS FEWKES , WILLIAM MIDDLETON and CHARLES ROGERS were indicted for breaking and entering the dwelling house of Ann Davis , on the 9th of November , about the hour of one in the night, and stealing a silver tea spoon, value 1 s. a silver thimble, value 6 d. two clasp knives, value 3 d. a child's linen gown, value 3 s. a green silk cloak, value 6 d. a quart of gin, value 1 s. and seventy-two copper halfpence, value 6 d. the property of the said Ann, in her dwelling house .
All three acquitted .
* 136. (L.) EDWARD BROCKET was indicted for that he, with other persons to the number of five hundred, did riotously and tumultuously assemble in Guildhall-yard, on the 9th of November, and did greatly insult, obstruct, and abuse the constables in the execution of their respective offices . ++
* My Lord Mayor went off the bench during this trial.
Judd. I was.
Counsel. Please to give an account of what assembly of people there were gathered together in the yard, and what you saw they did.
Judd. There was a great number of people gathered together in the yard, and they drove away all the constables that were attending there; I do not recollect to have seen more than one or two constables left, and they were exceedingly riotous; they knocked the lamps out, they pulled the portico down, and threw the boards through the gates; they were very riotous but I know nothing of any of the persons that committed the riot.
Q. Then the account you give, is, that there were a great number of riotous people in the yard destroying the portico. Pray did you hear any particular expressions of these people?
Judd. I did not.
Q. What time do you judge this riot first began?
Judd. Upon my word I cannot say exactly, it might be near six, or between five and six; I was in the Hall.
Q. Can you judge how long it continued in this manner?
Judd. Some hours.
Q. Did you see any thing of an Engine?
Judd. I did not. I attempted to go out once but was glad to retreat.
Q. You know nothing then of the fire perhaps?
Judd. I saw a fire burning at a distance, but do not know any thing about it; it seemed to be burning at the further end of Guildhall-yard.
Q. What time was you there?
Lawrence. I came at eleven in the morning.
Q. But in the afternoon?
Lawrence. I was there from that time.
Q. You did not go to Westminster?
Q. What time did the procession come back?
Lawrence. About four o'clock.
Counsel. Please to give the court and the jury a general account of the riot.
Lawrence. At the particular request of Mr. Sheriff Lewes, I attended to take the tickets brought by the company for admitance; in that station I continued many hours; when my Lord Mayor went out of the hall, it was very quiet and orderly, and there was not the least appearance of a riot till my Lord returned; after he returned, it was my duty to stand at the same station as I had all the morning, while he was gone. The people now began to be very uncivil; first of all they began to crowd about the entrance into the hall, so that those gentlemen and ladies that came in carriages were obliged to get out at a vast distance from the door; this put us to the inconvenience to attend them at their carriages, and I saw that while the company were getting out at one door, the mob laid hold of them at the other door; I saw one lady have the greatest part of her sack cut off; I saw several gentlemen held by their legs and swords by the mob, who would not let them come out of the coach till they gave them money; this was at broad daylight. As the company came, their violence increased, so that at last we were obliged to retreat to the iron gate at the hall; when we had done that, they were so extreamly outrageous, that as the company came, and not willing to go back, if they alighted before they came to the door, some had their bags cut off: one gentleman I saw had part of his head of hair cut off; a gentleman of my acquaintance came, with a ticket I gave him, in a chair, which was broke; I held in my arms a lady some time, who had her husband taken from her, as he came in a coach to the door. When it began to grow dusk, the riot was too great for us to stand; we were obliged to go to my Lord Mayor, to inform him, that unless we had some power, more terrible to the mob than constables, I was apprehensive they would break into the hall; my Lord Mayor said, that as the civil power then present could not surpress the mob, he should send for the Artillery Company; he did so; before they came we had shut the doors; they had then forced themselves through the iron gates, and had got to the inner door of the hall, we endeavoured to go out in a body; I was one that went with Sheriff Lewes; and indeed when we first went out they ran away; but what they run for, was to increase their strength, and we were forced to run afterwards, otherwise our lives would have been in extreme danger. After this, when we attempted to go out the second time, they had then pulled down great part of the portico; then Sir, my Lord Mayor's brother went out with a sword in his hand; I went on the left of him, and Deputy Judd on the right; while we
Q. Did you hear any expressions made use of?
Lawrence. I heard one expression when I went out with Sheriff Lewes; they did cry, deliver the prisoners: they apprehended some prisoners were taken; I heard no name of any gentleman whatever; their cry was, deliver the prisoners!
Q. Do you know whether any of them said any thing respecting my Lord Mayor?
Lawrence. No, I did not.
Q. But there was a cry of, deliver the prisoners! deliver the prisoners!
Q. From what number?
Lawrence. I believe it was the voice of as many as I could partly reach with my ear; we were out a considerable way in the yard, when we went out to appease them, and spoke as quietly and decently as the nature of a mob would admit of.
Q. What number of people do you think there might be?
Lawrence. I believe upwards of a thousand.
Q. The cry of deliver the prisoners, where was that from?
Lawrence. The people about us.
Q. Did it appear that a great number of persons were concerned in the cry?
Lawrence. No doubt of it.
Q. You know nothing as to the prisoner in particular?
Lawrence. I do not; not to any one of them: it was too dangerous to be too near them.
Q. I suppose it was pretty dark when the lamps were broke?
Lawrence. Yes, very dark.
Q. Do you remember the making the bonfire?
Lawrence. I remember seeing a bonfire.
Q. What time did you see it?
Lawrence. I suppose it to have been about nine.
Q. Then the first you observed was about five?
Lawrence. About a quarter or half an hour after my Lord Mayor returned; I believe between four and five.
Q. Did this scene of riot and confusion you have been giving an account of continue from five till nine?
Lawrence. It partly continued in and out of the hall till two in the morning.
Q. No peace?
Lawrence. No peace, but one continued riot.
Q. I think you mentioned their being at an iron gate; was there any attempt upon the iron gate?
Lawrence. The iron gate was then broke, so that it was only partly against the bars that remained of the gate that we stood; they threw the wood in our way, that if we would have shut the iron gate, the rubbish that lay there prevented it. I myself saw one of the bars broke; it was through where this cavity was made that they threw the boards.
Q. And that board that had the large spike nail at the end?
Lawrence. Yes; which terrified me when I saw it.
Mr. Patrick Cawdron . I was appointed by Sheriff Lewes, to attend to receive tickets at Guildhall door; I attended from about three till near five, when the company were set down to dinner; after they had set down some little time, I heard a great noise; I was told there was a riot at the door; I went there; there I found a number of people, in a very riotous manner, pushing the board that they had taken from the portico through the iron rails into the hall; several were pushing backwards and forwards, and huzzaing in that kind of riotous way.
Q. Did you see any thing thrown?
Cawdron. I had a great many boards pushed at me, and some stones thrown; they were not particularly at me, but thrown in.
Q. Did you observe what kind of stones they were; the size of them?
Cawdron. They were pretty large; they were as big as that book; I apprehend they were stones taken from the pavement.
Cawdron. They were such as these.
Q. Where were they thrown?
Cawdron. In at the iron gate, through the bars, many of them.
Q. Did you hear any particular expressions made use of by the mob?
Cawdron. No, none at all.
Q. Do you remember the Artillery Company being sent for?
Cawdron. Yes; they came between six and seven.
Q. In what manner were they treated?
Cawdron. Very roughly; they were hooted and hollow'd at.
Q. Was any thing thrown at them?
Cawdron. I did not see any thing particularly.
Q. But you say you saw such stones as these thrown?
Cawdron. Yes; they came in at the gate.
Q. Do you remember any constables going out to the mob?
Cawdron. I went out myself several times.
Q. Was it possible for the constables to stop the mob?
Cawdron. Certainly not; they were got too much a head.
Q. Did you see any thing of the engine?
Cawdron. Yes; I did see the fire, and the engine burning.
Q. For what purpose was the engine taken out?
Cawdron. I suppose to quench the fire: an engine to disperse a mob is truly laughable.
Counsel. If people were there out of the common curiosity, a little water might do good; they do not like to be wet, unless they come there on purpose to make a riot, then to be sure they may.
Cawdron. I can speak to one matter of fact; some of them might be wounded in attempting to push in the boards: the iron gate had a bar a-cross; the mob rested the boards upon that bar, and then took an aim, and pushed them violently at the gentlemen on the inside; there was the Rev. Mr. Townsend, my Lord Mayor's brother. When they stood to take an aim, I observed some gentlemen then took the opportunity to give them a wound; and send them about their business; there was one man I remember, I wounded in the leg with a sword. I did observe to my Lord Mayor, when the men were examined before him, that I supposed several of them were wounded.
Q. Is the prisoner wounded?
Cawdron. Yes; but I cannot swear to his being the man that I wounded.
Mr. Deputy Judd. There is one circumstance I forgot: when they were throwing the stones in, I saw a gentleman's servant struck in the face, and cut; he bled very much indeed; I was told it was Sheriff Lewes's coachman; I do not know that it was; and I believe the mob would have been in the hall, had it not have been that half a score gentlemen came out with their swords; boards and stones were thrown at them in a violent manner; he was striving among the rest to keep the mob out when he received that wound.
Q. And he received that hurt in endeavouring to keep the rioters out of the hall?
Judd. Yes, he did.
Q. Was you at Guildhall on the 9th of November?
Tinsdale. Yes; I came back with the procession; my Lord Mayor arrived at Guildhall about three or five minutes after.
Q. You are one of the city marshal's believe?
Counsel. Give an account of what you observed that afternoon.
Tinsdale. When we arrived at Guildhall, about three o'clock, there were a large number of people assembled in the yard; it was almost impossible for my Lord Mayor's coach to be drawn up to the door; so it continued for some time, that we could scarce get within ten yards of the door. There were a large number of people very much crowding, to oppose the company coming into the hall, that we were obliged to go out several times to make way for the company, as they found it very difficult to get in; this continued till about a quarter before five; then the gentlemen that were receiving tickets, thought the company was all come, and that it would be better to have the door shut, that they might go to dinner themselves; accordingly the iron gates were shut, and some constables were placed within side; they had not been I believe above a quarter of an hour in the hall, before the constables called out, they are coming into the hall! we went to see what was the matter, and the people were then pushing boards through the iron gate at the constables; after that a
Q. Did you see any stones thrown?
Tinsdale. Yes; a great many stones, and some glass and oil.
Q. Did you observe the lamps broke?
Tinsdale. Yes; the lamps were all broke, entirely.
Q. By stones?
Tinsdale. At first, by taking a board and sweeping them all down; after they were brought down, then they threw in the broken pieces of the lamps.
Q. The lamps were glass?
Tinsdale. Yes, with tin frames; they threw in the glass and the tin work.
Q. Every thing they could lay hold of?
Tinsdale. A great many things came in; they might lay hold of as great many things.
Q. Did you observe any of the gentlemen and ladies ill treated, coming out of their coaches to the hall?
Tinsdale. Yes; the people there would not let the coaches come up nearer than perhaps twenty yards distance from the hall, so that we were obliged to go from conveying one person back again to convey others, the crowd was so large.
Q. Did you hear them say any thing to the people in the coaches? - Did you hear any money demanded?
Tinsdale. I cannot say I did.
Q. Did you hear any expressions made use of by the mob?
Tinsdale. The only expressions I can recollect being made use of by the mob was, it is Wilkes's turn.
Q. Did you hear that from more than one?
Tinsdale. Yes, from several of them.
Q. Do you remember the engine being brought?
Tinsdale. The commanding officer of the Artillery Company applied to me to know if there was an engine; I told him I believed there was.
Q. What time did the Artillery Company come?
Tinsdale. A little before eight; that was about nine.
Q. In what manner were they treated when they came?
Tinsdale. Very ill by the mob; they threw dirt and stones at them; several gentleman were dirtied very much.
Q. What sort of stones; where these any of the stones that were thrown?
Tinsdale. I cannot say I saw any of the stones thrown; there were several.
Q. Did you see the stones lie upon the ground after they fell?
Tinsdale. Yes, several.
Q. Where these the sort of stones?
Tinsdale. These stones were found in the porch the next day, and were brought before my Lord Mayor.
Q. I take it for granted you had no stones in the porch when you came there at first?
Tinsdale. No, none.
Q. Then all these must be the stones thrown in?
Tinsdale. Yes; they could come no other way than by being thrown into the hall. They applied to me for an engine; I enquired for an engine master; I found him out; I sent the man to have it brought out; the gentleman applied to me to have it brought out, to throw water upon the fire or people; I thought it would be a means of getting them more from the hall; it was accordingly brought out; the mob laid hold of it and put it upon the fire.
Q. What use had been made of the engine?
Tinsdale. It just came out of the engine-house when the mob put it upon the fire; the fire was about ten or fifteen yards from the engine-house.
Q. Was the engine damaged by the mob?
Tinsdale. Yes; very much; an estimate was brought to the mansion house of about 23 l. I was informed it was on the fire; I went with two or three constables, and the Artillery Company, and took it off the fire.
Q. Do you remember the Artillery Company being placed within side Guildhall.
Tinsdale. Yes; they were treated very well on the inside because there was no obstruction at all.
Q. Was any thing thrown at them thro' the iron gate.
Tinsdale. That was only in the the porch.
Q. While in the porch. These things were thrown at them?
Q. How did the constables fare?
Tinsdale. They went out and attempted to keep the peace; but they could not, because the mob was so large; if they found a man with a constable's staff, d - n him, said they, here is one, we will have him; they could not stand, for the mob hussled together where they saw a constable.
Q. Wherever they saw a constable they disabled him?
Tinsdale. Yes; the constables could not do any thing against the mob; it was impossible.
Q. The numbers were very large?
Tinsdale. Yes; there might be 3000.
Q. Did you, or the constables, say any thing, or expostulate with the mob?
Tinsdale. I went out several times, and spoke to the mob; one time they cried out, that they wanted the prisoners discharged; there were two people taken into custody, and were discharged. I told them they were discharged; no prisoners were in custody then.
Q. How did they behave then?
Tinsdale. Very decently then, and said that was all they wanted.
Q. What time of night was that?
Tinsdale. I believe about seven o'clock; after we had retreated into the hall they began again, when we were out of the way.
Q. Do you mean attempting to force into the hall again?
Q. Was it not with much difficulty that they were kept out of the hall?
Tinsdale. Very great difficulty; if the gentlemen had not come with their swords drawn in their hands, I do not doubt but they would have got into the hall.
Q. If they had got into the hall, it would be very difficult to say what would have been the consequence from such an enraged mob?
Tinsdale. Very dreadful consequences; we were obliged to retreat within the inside of the hall, and shut the inner gates; that was the only defence we could have.
Q. I must ask you, for form sake, to make it evidence, were my lord-mayor and the aldermen in the hall?
Q. And a great deal of company as is usual upon that occasion?
Q. And from what you can judge they seemed determined to get into Guildhall?
Tinsdale. Yes; when we shut the gates they insisted upon coming in, and said, if we did not open the gates, they would break them open.
Q. Did you hear any expressions made use of by them when they attempted to break open the gates?
Q. Had you your made there then?
Q. Was there any injury done to your?
Tinsdale. At the time the boards were pushed through the iron gates, I was pushed in my body, by a board and fell back, and in falling back, the edge of the board catched my shin, and cut it from here to here ( describing it;) I have now the scar to show.
Q. Was there any attempt to lay hold of your mace?
Tinsdale. Yes; and by defending myself with the mace I broke it; when I showed them my mace, and desired them to be peaceable and quiet, they attempted to take hold of it.
Mr. Thomas Gates . I was on duty on the 9th of November, by order of the court of aldermen, to attend the cavalcade back to Guild-hall; I met them at Black-friars bridge; the present lord-mayor got into his coach very easy, but a mob gathered as the late lord-mayor was coming, at the right side of the coach, and endeavoured to interrupt him at getting into the coach; I saw it, and went back to assist at the coach door, and with my horse cleared them from the coach, and he got in very well, but they kept following the coach all the way, till it came to Ludgate-hill; upon Ludgate hill one of the men said, d - n you, marshal, get away from the coach door, you have no business there, and you shall not stay there; and they knocked down a man that I had to assist me; I hit that man upon the head, that hit my man, and broke his head with my mace; they seemed to be exasperated very much at this, and pelted me; they endeavoured to throw at the coach, but I came between them and the coach, and received the mud upon my back and head, which dirted all my cloaths; I then retreated behind the coach, and drew their attention to me, and the coach got on from them, and I believe that same mob never came up to the coach again, till we got to Guildhall, and we passed on quietly till then; there we found
A spectator. He is here.
Gates. He has been ill ever since, and the other day, when he was summoned upon duty, he could not attend on account of that illness; I do not know how he may be now. There is another had almost all his fingers beat off; he has been under surgeon Sharp's hands ever since. After that they grew so extremely riotous, that my Lord Mayor was under the necessity of sending for the Artillery Company.
Q. Did you see them do any thing with the constables staffs?
Gates. I saw them take several away; and the constables were not able to stand against them; they were terribly frightened as well as ill used; many of them did run away without having any real damage done to them. When the Artillery Company came, the mob thought it was the Guards, and they all run away; I believe it was clear for two or three minutes; when they found it was only the Artillery Company they came back, and said,
"It is only the Artillery Company," and they used the Artillery Company very ill; they threw a great number of stones in at the gate into the hall itself, very large stones; there are some of them there; the Sheriff himself went to the window of the Irish chamber to expostulate with them; there is a chamber that is called the Irish chamber, which looks into Guildhall-yard, on the right side of the gate, as you go in; the Sheriff went there, and they threw stones at him in such quantities that he could not stand to speak to them, and was obliged to retreat; the Sheriff went out once or twice to speak to them: while he was out they treated him respectfully, but when he came into the hall they continued the riot.
Q. Do you know of any boards being thrown?
Gates. Yes; some were thrown into the porch of the hall, and others burnt; they threw in a vast quantity of stones; some had stones in their pockets.
Q. Did you see any fire made?
Gates. Yes; I saw some of the boards carried and laid upon the fire. I went out once or twice to get the constables, in order to surround them if we could; I called in at the Crown, a public-house, and found fifteen or twenty constables there; I got them to go with me through Blackwell-hall into the yard; when we came into the yard they all deserted me but two or three; we went to the fire; they were laying the boards they had pulled down upon it; we were not able to take any of them; one time we did take
Q. Did you see the engine?
Gates. It was not there at that time.
Q. Did you hear any thing said among them at first of their having come too late?
Gates. Yes; that was soon after we arrived at Guildhall, one said to three or four more of them, d - n him, we are too late, he has flung us; meaning, I suppose, that my Lord Mayor had got to Guildhall before the time they supposed he would get there.
Q. Did they say what they would do at that time?
Gates. I do not recollect what they said; they did say something more, but I do not recollect the words.
Q. What did you say they said he deserved?
Gates. They said he deserved to be murdered, and they would have him out of the hall; they would have all the scoundrels out.
Q. What time did they disperse?
Gates. They dispersed several times and came back again.
Q. How long did they continue that?
Gates. Till very near two o'clock.
Q. Did you see any thing of the prisoner among this assembly so met together?
Gates. Yes, I did; I first saw him soon after my Lord Mayor came in; he had a sort of a waggoner's frock on; I saw him several times foremost in the mob, but I did not see him do any thing in particular.
Q. Then all that you can speak of him is, that when these violences were committed he was foremost in the mob?
Gates. He was foremost in the mob; I will tell you how they do, they push people on so that though they push you down, you would not suppose the man next to you did it with design, but the hindermost people push them on.
Q. Was he joining with the rest?
Gates. Yes, he stopped the passage up; I admonished him to be gone.
Q. Did he make any answer to it?
Gates. No, he laughed.
Q. He said nothing uncivil to you?
Counsel. You did not see him do any thing in particular?
Q. from the Jury. You do not say he behaved riotously?
Gates. He joined in stopping up the passage to the gate.
Q. You are a constable I believe?
Barton. Yes; I was employed by the city marshal, on the 9th of November, in Guildhall, to attend as a constable.
Q. Did you endeavour to appease the mob and prevent a riot?
Barton. Yes, as much as lay in my power.
Q. Did the other constables?
Q. How many constables might there be?
Barton. About twenty stationed in the hall; I was one of them at the time the mob broke open the iron gate; I had my long staff with which I kept shoving them away; they seized hold of my staff, drew my hand to the gate, and with a bludgeon they smashed these two fingers ( shewing them to the court.)
Q. Did you see any constables assaulted?
Barton. Yes; I saw several hit with stones.
Q. Did they endeavour to surpless this riot?
Barton. Yes, they did as much as they could.
Q. Was it possible for them to do it?
Q. Did you see any other hurt?
Barton. I saw them hit with stones.
Q. Such stones as them?
Barton. Yes; one of the tin lamps was thrown over the gate, and cut me very much upon the eye; it was very near hitting deputy Judd.
Q. Was you perfectly sober at this time?
Barton. Yes, I was sober all day.
Q. You are positive you was sober?
Barton. Yes; I believe several gentlemen of the common council are sensible I was as sober as I am now.
William Clarke . I am a constable of Cripplegate ward; I had a precept to attend at Guildhall, on the 9th of November; I was over-against Blackwell hall from four o'clock till near nine; the mob grew so great that they threw my staff down, and myself, and my hat was knocked off; I got into the porch at the risk of my life, and there I staid till the Artillery Company came; when they came I got into
Q. You was knocked down?
Clarke. Yes, and this finger was almost tore off.
Counsel for the prosecution. You was never in a worse riot I believe?
Clarke. No never; there was no such thing as withstanding them.
Q. Do you know the prisoner at the bar?
Stratford. I do very well.
Q. You attended at Guildhall?
Stratford. I did by desire of Mr. Gates, the marshal.
Q. Did you attended as assistant to Mr. Gates?
Stratford. I did.
Q. At what time did you first see the defendant there.
Stratford. About half after five. If you will let me, I will tell you: about half after five, that gentleman (Mr. Lawrence) was with great difficulty trying to get the people into the hall; they put him at a great distance off to get them in; I tried to keep the way open as well as I could, with the help of a good many others; they interrupted him in such a manner, that he could not get the company in; at last it began to grow darkish; then they took the staff out of my hand, that I borrowed for the purpose.
Q. Who took it?
Stratford. I do not pretend to say the prisoner; one of them said, d - n him, knock him down; so I thought it the best way to resign it; they took it and went away with it; then I thought I would do what lay in my power to keep the way open. About half after five, I will not say within a quarter of an hour one way or other, there were a great many people upon the portico, and among them the prisoner at the bar; he had a white frock on, a little round hat, and half boots; he was very remarkable; being in that dress made me take more notice of him than of any other; the people below began pelting with mud and dirt at the people on the top of the portico, and they all intirely left the place; the prisoner came down afterwards; he got up again, and another and he ripped up a board from the covering with their hands; they were only nailed slightly down I imagine; I saw him take that board down, and after that, he ripped up one after another; when one was got up, the rest easily followed; he threw them down; several I did expect would hit the ladies as they came in; they paid no respect to any body below, but throwed them down: after the prisoner had stood there some time with the other man, it began to endanger his standing; he pulled up so many boards, that without being very careful how he walked, he must have tumbled down himself; then he came down, and he and some others got one of the long boards that stand upright, what they call a twelve foot single, and Brocket knocked up what boards he had left with it, one after another. I should first of all have told you, that I saw him breaking the lamps, that were facing the front of this building; he broke them with a stick he had in his hand.
Q. How many lamps did you see him break?
Stratford. I cannot pretend to say, may be half a dozen or a dozen; there were but two or three of them that were so very diligent; then he got one of those boards, held it up an end, and paraded it about the yard, walking in triumph as I thought for what he had done; then he returned with the board in his hand to the windows, by the comptroller's house; he held the board up an end, and threw it against the windows, and so broke them; he drove the board through the windows one after another; after he was tired of that, he and a parcel more drew the boards to the gates that are erected for the day, and they were going to make a fire there to burn the gates as they were standing; but several people and I, as they did not know at that time that I had any business with it, said you may set the house on fire, and so did a great many more; upon that Brocket and the rest drew the boards into the middle of the place; they agreed not to make the fire there; the prisoner took a board and laid it upon a large stone; then he jumped upon it, and broke it into short pieces; at that time the boards were all piled one upon another in the yard; he kept breaking the board into short lenghts; I was as near to him as I am to this gentleman ( within two feet.)
Q. They had no suspicion of you?
Stratford. No; I kept up with him all the while after he had broke the boards into short lengths; he took a knife he had in his pocket and clapped a part of the deal between his legs, that he had broke into short lengths, and ripped
Counsel for the prisoner. Have you it all wrote down? you may as well read it.
Stratford. I have not got it wrote down.
Counsel for the prosecution. You are desired only to tell the truth.
Stratford. Yes; and I would rather be favourable, if any thing; he got a parcel of stones, he and some others, and threw them through the iron rails into the hall; then he proceeded with a board about the place, he and a great many more; but there was one I thought a great deal worse than him, that beat the poor man, that has been mentioned, upon the head; I thought he must have died instantly; I lifted him upon his legs and he bled sadly.
Q. Did Brocket assist in that?
Stratford. No, he did not. There were several boards that were not taken to the fire; he took them, and run them thro' the iron rails at the gentlemen.
Q. Seeing Brocket so active, did you take particular notice to watch him?
Stratford. I did; the last of it was after he had shoved a board through the gate at the gentlemen, he came out again and got another board, and then a great many gentlemen came out with their swords in their hands, and among them Mr. Sheriff Lewes; the prisoner had got the board set upright upon his knee, and as Mr. Lewes came out, he threw it right at him; he leaned on one side, and missed the blow; Mr. Lewes, directly upon that, swore d - n you, you impudent rascal, or something to that purpose, I would give twenty guineas to take you; the prisoner immediately made on one side, and Mr. Lewes with his sword made a cut across his leg, and he bled terribly.
Q. Do you know whether or not he was concerned in stopping the coaches?
Q. When was he taken?
Stratford. The next day.
Q. Where was he taken?
Stratford. In Austin-friars, at work; Patten and I took him that night; after I had seen him behave in that manner, I followed him wherever he went. About eight or before eight, the Artillery Company came; as they came up Blackwell-hall, and the drums were beating, Brocket said, the Guards were coming; I said I suppose they were; says he, I believe I had best go home; I believe you had, says I; I first said, where do you live? he said not far off; I said, are not you Herefordshire? I thought so by his tongue; I said, do you not live in Bishopgate-street? I had seen him I thought with a cart that way; he said yes, he lived at one Mr. Hogden's, at Holloway-mount: we agreed to go home together; I asked him if he would drink any thing; I treated him with a pint of beer in Moorfields; he gave me a direction where he lived; I was not satisfied as to that; I went to his master's the same night and asked if such a person lived with him; he said, yes.
Q. How came he to give you a direction?
Stratford. I said I had a garden, and if he had any rubbish, I would give him a shilling or two a load.
Q. He took you then for one of the mob?
Stratford. Yes, he did; and the next morning I went to Patten; I first told Mr. Morgan, or some of my Lord Mayor's people, and Mr. Gates and they said they should be glad to have him taken; I went to Patten, who is a constable, and he and I went first to his master, to enquire where he was at work; his master was not at home; I saw some carts with his name in Shoreditch; I asked a man where Brocket was at work; they all seemed dubious of telling us; one said he did not work in day time, he worked at night; but at last we traced him from one cart to another, to Austin Friars; his master does work about Houndsditch and that way; we staid about an hour at a public house; while we were drinking there, one of the men came over, and asked us if Brocket was come; we said no; said he there was terrible doings last night at Guildhall; was he there? says Patten; yes, says he, and Brocket has got a terrible wound in the leg that the Sheriff gave him; what, says Patten, was he one of the mob? aye, says the man, and he thought himself very happy to get off.
Q. Did you, when you took Brocket, see whether he had such a wound?
Stratford. Yes; a very bad wound upon his leg; worse than I thought it was; for I stood by and some people there persuaded him to put a chaw of tobacco to it, as he had nothing else:
Q. Was the wound in the same place where you saw Mr. Sheriff Lewes wound the man?
Stratford. I saw Mr. Lewes strike him upon the leg, which leg he struck him on I did not see, but I saw it bleed very fast.
Q. This man had such a wound?
Stratford. Yes, he had; it was seen by my Lord Mayor.
Q. You was employed by Mr. Gates as his assistant?
Q. What did you give up your staff for?
Stratford. Because three or four of them laid hold of it.
Q. Where was Gates at this time?
Stratford. In the hall.
Q. How long did this man stay?
Stratford. Till about eight o'clock. I went then with him as far as the Green Dragon in Moorfields; where we drank a pint of beer, and I had a direction wrote at the bar where he lived; then I came back again and staid till two o'clock.
Q. During the time he was there was not Mr. Gates out?
Stratford. Yes, two or three times.
Q. You are certain this was the man?
Stratford. Yes; I should be very sorry to say it if I was not sure of it.
Q. You heard the Sheriff offer twenty guineas for taking one of them?
Stratford. He did say so, but I had no thoughts he meant to give it when he said so.
Q. And that run in your head though you had your doubts about you; you thought of the twenty guineas that were promised?
Stratford. No, I did not.
Q. Did Mr. Gates hire you for that day?
Q. Upon your oath?
Stratford. Yes, he did.
Q. What was he to give you?
Stratford. I thought he was a man of honour and would give me what was customary; I had heard a crown.
Q. And you was hired on the 9th?
Q. Not on the day after to give this account here; who was by when you was hired?
Stratford. Three or four people.
Q. Do you know their names?
Stratford. One Jolley, a porter, was there.
Q. Was you hired to keep the peace?
Stratford. Yes; to keep the place open for the gentlemen and ladies to come into the hall.
Q. And you swear that?
Q. You said you followed the man home?
Stratford. I followed him to this house; I did not say home nor meant so.
Q. You said you went like two friends, arm in arm to the public house.
Stratford. We went like two friends, not arm in arm.
Counsel. That is not dogging a man home.
Stratford. I went with him there.
Q. You told him you had a little garden?
Q. Did you tell him it was a window garden or what?
Stratford. No; I have had a garden and have got one now.
Q. So this fellow was dressed a little remarkably?
Stratford. Yes; he was so remarkable he gave Mr. Gates a good punch on the head.
Q. Mr. Gates does not remember that, though he has a pretty good memory.
Stratford. I remember it thoroughly.
Michael Wood . I saw Brocket pull down several boards at Guildhall, between five and six o'clock, and heave them through the iron gate at the gentlemen; and I saw him stop several coaches, and some times he hissed, and some times hollow'd; that was all I saw him do.
Q. Did you see any lamps broke?
Q. How long was you there?
Wood. From five till eight.
Counsel. Tell the court what you saw done in that mob.
Wood. I saw several people pull down the boards, but Brocket in particular.
Q. Did you see him do any thing with the boards when they were pulled down?
Wood. No; I was pushed about I could not see.
Q. Did you observe there was a fire made?
Wood. Yes; but I was at a distance.
Wood. Because I got several blows over my head.
Q. Where any stones thrown?
Wood. Yes, several.
Wood. I saw them when they were broke; I did not see them broke.
Q. How many do you judge were the head of these people that were active?
Wood. I take it about thirty.
Q. Thirty leaders; do you look upon Brocket to be a leader.
Wood. I saw him one of the head.
Court. In part of your evidence you said you saw the prisoner throw a board towards Mr. Sheriff Lewes, and you say Mr. Lewes cut him.
Court. That several people came out, when Mr. Sheriff Lewes came out, with swords.
Q. How many had swords?
Stratford. A great many.
Court. And Mr. Sheriff Lewes swore, and said he would give twenty guineas to find the man?
Stratford. Not to find the man; but to take that villain or blackguard, or whatever the words were.
Court. Was the gentleman that uttered these expressions the person that cut his leg?
Stratford. Yes; I am as sure of it as I can be.
Court. Are you sure it was Mr. Sheriff Lewes that said that?
Stratford. I am pretty sure it was.
Mr. Sheriff Lewes. I beg your pardon, I would ask you one question: Do you know Sheriff Lewes?
Stratford. Yes, Sir; I know you.
Q. What dress was I in that night? I must have recollected if I had cut any body upon the leg, I who did the act must know it as well as you.
Stratford. I cannot recollect the dress you had on, I believe white and gold.
Mr. Sheriff Lewis. I do not recollect striking any body.
Stratford. When you first came up, they began to come round you, and hollowed out, Lewis for ever: a good many said, Don't hurt him; I heard you or somebody say, I don't know my friends from my foes, and I desire you all to stand off; at that time this chap came up.
Mr. Sheriff Lewes. And that in consequence of that I made use of my sword, and cut him across the leg.
Stratford. Yes; you had the sword in your hand, and did it back handed; you leaned on one side when the board was thrown at you?
Mr. Sheriff Lewes. The board missed me?
Mr. Sheriff Lewes. I do not recollect this; I recollect I was struck by a board; I do not recollect making use of my sword; I fancy he is mistaken.
Counsel for the Prosecution. There were several gentlemen with swords.
Mr. Sheriff Lewes. Yes, a great number; here is a gentleman that was present at that very time.
Counsel for the Prosecution. Had you your sword?
Mr. Sheriff Lewes. Yes, I believe it was drawn; I made no use of it; this is the first time I ever heard of it; if I had done the act it must be known to myself; I remember being struck with a board, but I remember nothing of what he says now.
Counsel for the prosecution. Perhaps in dodging back you might hit him with your sword without perceiving it.
Mr. Alderman Rossiter. I beg pardon, if the Sheriff is examined it must be upon oath.
Mr. Sheriff Lewes. I was only cross examining the man, that the truth may come out; if I had done the act that is charged against me, it is probable that I must have recollected it; now this is the first time I have ever heard of it; if I had touched any body with my sword, I must have known it; I was astonished at hearing it. I would only wish, by way of cross examining the man, that he might apprehend his mistake; and I wished he would identify the person of Sheriff Lewis by describing his dress; now he has described my dress that night.
Mr. Alderman Rossiter. If it is to be taken in evidence, I shall desire to ask a question or two?
Counsel for the prosecution. As to the essential part of the story the man is clear, that Mr. Sheriff Lewes was struck at.
Stratford. I will beg leave to mention one thing: the prisoner himself owned to one of his shop-mates that Mr. Sheriff Lewes cut him; he mentioned it next day to Mr. Patten, at the public house door; this we heard when they thought we knew nothing of what passed; that he had told his shop-mates that Mr. Sheriff Lewes cut him.
Q. Do you remember Brocket's being examined next day before my Lord Mayor? was there such a wound?
Stratford. Yes, and I told it just the same as I do now.
Stratford. No, I did not.
Mr. Sheriff Lewes. I beg leave to ask a question or two of that man; upon what part was I supposed to have struck him?
Startford. Upon his leg.
Mr. Sheriff Lewes. With a sword?
Mr. Sheriff Lewes. Was he brought up to me? how came I took him to be the person that threw the board at me?
Stratford. He ran right up to you, as close as that gentleman that stands by you; after the time that he let the board drop with an intention, as I thought, to hit you; it might or might not; I thought it missed you; I thought you rather lean'd on one side, and the board missed you; if it hit you it was more than I saw.
Mr. Sheriff Lewes. I remember a stick thrown at me; I do not remember a board.
Stratford. I saw a stick thrown at you.
Mr. Sheriff Lewes. And in consequence of his throwing the board at me, you saw me strike him with my sword.
Stratford. Yes; I saw you strike in this manner (describing it) back handed; the sword had a white cockade, or something. I remember, you struck at him back handed; I thought the flat part of the sword hit him; I did not think the edge hit him.
Mr. Sheriff Lewes. Did you see his leg after that?
Stratford. Yes; I followed him to Guildhall-coffee-house; he said I have got my leg much cut.
Mr. Sheriff Lewes. Much cut.
Stratford. Yes, very bad.
Mr. Sheriff Lewes. What was the length of the cut.
Stratford. I did not pretend to remark the length of it.
Mr. Sheriff Lewes. Describe it.
Stratford. The cut was a cross his shin; I can describe it best by the cut in the stocking; it was two inches I believe.
Mr. Sheriff Lewes. Cut deep or how?
Stratford. I cannot tell, it bled.
Mr. Sheriff Lewes. Have you seen it since?
Stratford. No, I have not; he was going to to pull his stocking down before my Lord Mayor; he said you have no occasion to undo your stocking it will make it worse or something; it was then tied round with a handkerchief.
Counsel for the prosecution. Did Brocket say then how he got that wound?
Stratford. He said he got it at the fire by something thrown at him.
Mr. Sheriff Lewes. Where was this man standing at the time?
Stratford. Facing Blackwell-hall gate-way, by the watch-house.
Mr. Sheriff Lewes. Was it at the time I was endeavouring to represent to them the consequence of their behavior?
Stratford. Yes; you was trying to appease them, and there were a good many hollowing out, Lewes for ever; it seemed as if nobody meant to hurt you, and I do still think nobody did mean to hurt you.
Mr. Alderman Rossiter. I want to know from somebody, what dress the Sheriff was in that day, as the Sheriff has not been sworn.
Mr. Sheriff Lewes. I was in white and gold.
Mr. Alderman Rossiter. I should be glad to know of the Sheriff, whether the sword he had in his hand at that time, had a white knot to it.
Mr. Sheriff Lewes. It had.
Counsel for the defendant. A three edge sword, I believe?
Mr. Sheriff Lewes. Yes, the common thrust sort; it is a sword that must cut by way of thrust to do any execution.
Q. Did you see Brocket there?
Patten. Yes, in Guildhall-yard.
Q. At what hour?
Patten. About half after five, and six, and later then that.
Q. How much latter?
Patten. Till it was turned of eight o'clock.
Q. Did you see him do any thing?
Patten. No, I took him the next day.
Q. Did you hear Brocket say before my Lord Mayor, or at any other time, how he came by the wound?
Patten. Stratford said the Sheriff had cut him.
Q. Did the defendant hear Stratford tell you any thing?
Patten. Yes; the day afterwards we were at the public house door, he, Stratford and I; Stratford said to him, you have got a fine leg; he said, yes, I was cut by the Sheriff.
Q. You heard that?
Patten. Yes, I did; and the cut was upon the right leg across the shin; I did not see it till he
Q. Had he the same stocking on the next day; was his stocking out?
Patten. I did not see, it was candle light, and he pulled the stocklost down before ever I saw it
Mr. Alderman Rossiter. There is a matter insinuated which I desire to have explained; I would ask the keeper of the gaol of Newgate, whether this man has had the gaol distemper or not?
Mr. Alderman. No, he has not.
Mr. Sheriff Lewes. Has not one that was taken up for the riot had the gaol distemper?
Mr. Alderman. There was one, that has been discharged to day, has been ill a great while; there was no bill found against him.
Mr. Sheriff Lewes. Mr. Recorder, I beg leave to say one word upon the cross examination of the witness just now; I own I felt a surprize when it was first communicated to me, but the man upon a cross examination accompained his evidence with such circumstances -
Mr. Alderman Rossiter. I must beg leave to interrupt the worthy sheriff; he does not constitute a part of the bench; he is no justice of the peace; nor in this commission; I must desire he will be silent upon this occasion; if he has any thing to observe of what he saw of this matter, no man has a higher idea of his honour than I have; but this is a court of judicature, a man cannot speak here unless he is upon his oath.
Mr. Recorder. If the court appears to be under a mistake about a fact any gentleman present may suggest a fact as an amicus curia.
Mr. Sheriff Lewes. In that point I meant to suggest an observation; as it affects myself particularly, I have a right so to do; when I received the information first of all, what this witness said respecting my having cut this man upon the leg, I felt, I own, some surprize, because I did not recollect the circumstance -
Counsel for the prosecution. If Mr. Sheriff Lewes means to go into a relation of facts within his own knowledge, that certainly should be evidence.
Mr. Recorder. If Mr. Sheriff Lewes is going to give any assistance to the memory of the court, he may do it; every by-stander has a right to do it.
Mr. Sheriff Lewes. I do not mean that any thing which falls from me should go in the least to the disparagment of the evidence: I own at the first communication of it I felt a surprice; I did not recollect the least circumstance of it, of my having cut this man across the leg; and for that very reason, I wished to cross examine the man, respecting the identity of my person, whether he was certain that I was the man that did it; the witness seemed to accompany it with these circumstances, that I own, tho' I did not recollect it at the time, I am inclined to think I did so, and I think likewise, I should justify what I did upon that occasion; and I should hope that if the man did receive a great cut upon his leg, which I should have justified giving, acting as I did officially upon that occasion, insulted as I was, I had a right to do so: I should do so upon any other occasion, and I believe it to be a fact, because it has been accompanied with those circumstances; and upon any future occasion, acting as I did, I should think myself justified in what I did; and I hope the jury will think if the man was cut violently, that, accompanied with his commitment, will be sufficient punnishment.
The prisoner did not call any witnesses.
133. (2d. M.) JAMES CURD was indicted for that he, in a certain field and open place, near the king's highway, on John Zacherly did make an assault putting him in corporal fear and danger of his life, and stealing from his person two hind quarters of lamb, value 10 s. and 4 s. in money, numbered, the property of the said John , Dec. 2d . +
John Zacherly . I sell house lamb about the country; I was coming from Lee road on the 2d of December, about six at night, towards Hackney town, two men came from the hedge on the right; I was about fifty yards in the field called Hackney Down ; they ran up against me, and said, D - n you, have you got any money; I answered none for you; they presented each a pistol, one against my forehead, the other against my breast, and said, Do you see! can you see! and then, Don't make a noise; I stood still, and said nothing; one riffled my pocket of more than 4 s. then they said, you have got money in your basket; I said no, I had not; I took my basket down; one took out a quarter of lamb and ran away; then the other said, D - n me, I will have a joint too, and took another quarter; they were both hind
Q. Do you know any thing of their persons?
Zacherly. I cannot swear to them; it was dark: they appeared to be two young men. The prisoner was taken on the Friday night; I saw him at Justice Wilmot's on the Wednesday; they were both there; the other's name is James Fox .
- Lee. I took the prisoner and Fox at the Three Jolly Butchers at Newington, last Friday was se'ennight; I found this pistol in the prisoner's breeches (producing a small pocket pistol); it was loaded with a slug. I took from him a brass bell and key, which I am told belongs to a watch. There are four gentlemen bound over to prosecute him at Chelmssord.
Q. How long have you been acquainted with the prisoner?
Fox. Some time.
Q. Who committed this robbery?
Fox. I did.
Fox. Curd was within a hundred yards of me.
Q. How far within it?
Fox. About that way?
Q. Was not he concerned in it?
Fox. No, I stopt that man in some fields.
Q. Do you know what day it was?
Fox. No, not rightly?
Q. You was along with Curd?
Fox. Yes; just before and just after, that day.
Q. Where did you meet that day?
Fox. At the Three Jolly Butchers.
Q. Was there any body besides he and you?
Q. Where did you go?
Fox. We were together almost all day?
Q. Did you go any where towards Hackney?
Fox. Yes; we were going that way and I left him.
Fox. At the end of a field I cannot say rightly; I was never that way before in my life. About ten minutes after I robbed the man, I met him again.
Q. You went forward did you?
Q. About a hundred yards you say?
Q. Who did you meet when you went forwards?
Fox. The butcher; I clapped two pistols to his breast and demanded his money.
Q. What did you take from him?
Fox. I took four shillings and a bad sixpence; then I pulled the basket down from his head, and asked whether there was any money in it; he said no; I took a quarter of lamb out; I went about five or six yards, then I came back and took another.
Q. What did you do with them?
Fox. I went away; I met with Curd a little after.
Q. Did you meet with him in the same place you left him?
Fox. A little forwarder.
Q. Was he nearer to the man you robbed or farther?
Q. How far distant from the place where you robbed the man?
Fox. About fifty or sixty yards, or more.
Q. Did you shew him what you got?
Q. What became of you then?
Fox. We both went together to the Three Jolly Butchers; then we went down to Curd's brother's at the Ferry, and had one quarter of lamb dressed for our suppers.
Q. What became of the money?
Fox. I had it all; but I lent Curd a shilling: I lent it him.
Q. So he had no share of the money?
Fox. Yes he had part of it, that that I lent him.
Q. How much did you lend him?
Fox. I lent him one shilling and a bad six-pence of it.
Q. You took four shillings and a bad six-pence, that was not quite a fair proportion; did you lend him no more, nor give him more?
Q. You sunk part of it upon him then; did you tell him you had taken but three shillings from the man?
Fox. I told him I had robbed a man.
Q. Did you tell him how much you had taken?
Q. He had nothing at all do with it then?
Q. What, you made a great mistake I see in your information, for there you charged this poor man with being concerned in all these robberies; that was quite a mistake was it not?
Court. This is your information, (reads)
"days afterwards, between the hours of six and
"seven in the evening, feloniously stopped a
"man near Kingsland Turnpike, and took
"from his person four shillings and sixpence,
"and two hind quarters of lamb." Now you say the fact is you did it without him.
Fox. He was a little way from me, within 40 or 50 yards.
Jury. You said a 100 just now.
Court. Now the 100 yards are sunk to 50; try again.
Fox. It was night time, I could not tell within a few yards.
Q. Then perhaps you cannot tell whether he might happen to be close to you.
Fox. He was pretty near out of sight.
Q. It was dark, was it not?
Q. Then people that are pretty near are soon out of sight?
Q. Now these two pistols; do you usually rob with two pistols?
Q. How came Curd by one?
Fox. I used to lend him one.
Q. So when business was to be done you used to take the pistol from him, and then give it him to hold for you.
The court committed the accomplice immediately to Newgate to take his trial for perjury.
The prosecutor was called, but did not appear; his recognizance was ordered to be estreated.
Guilty . T .
136. (L.) ELIZABETH JONES , spinster, was indicted for stealing two linen neckcloths, value 2 s. and two muslin aprons, value 2 s. and a silver watch, value 3 l. the property of Christian Morris , Oct. 24 . ++
William Robinson . I am a linen draper on Holborn-bridge . About half after nine in the morning of the 26th of November, a girl that lives in my house informed me somebody was taking some handkerchiefs out of the window; a pane of glass in the window had been broke by accident, through which the person drew the handkerchiefs. I immediately sent William Fisher after the thief.
The prisoner in his defence denied having committed the fact.
Guilty . T .
Joseph Brown . I am a book-keeper to Mr. Rushton and Co. About the 4th of last month we received a letter from Mr. Edward Lewis , in the country, with an order for some goods; I gave the letter to another clerk to execute the order.
Samuel Pullen . I am the porter; I received a truss packed up in canvas from the last witness; I delivered it to Mrs. Bradley, the book-keeper's wife, at the warehouse at the King's Arms, Holborn Hill .
Robert Goswell . I saw the prisoner, before the Justice; he had my great coat on at the time, the truss was with him. I drive the waggon; my great coat was taken out of the warehouse. (The coat produced and deposed to.)
The warehouse door was not locked.
Guilty . T .
139. 140. (M.) HENRY HURST and WILLIAM LIVER were indicted for stealing 20 yards of huccaback cloth, value 5 l. two pieces of dimity, value 3 l. two table cloth, value 13 s. five pieces of linen cloth for sheeting, value 26 s. and a breeches piece, value 1 s. the property of Archibald Wood , Dec. 5 . *
Archibald Wood . I live at Hammersmith. I put up my cart and horse in my coach-house at Hammersmith ; I was informed the next morning between seven and eight o'clock, that the place was broke open; I went and found the cart broke open, and there were missing the goods mentioned in the indictment.
John Horton. I am a watchman, at Hammersmith; I saw Hurst pass by loaded with linen; he was about 200 yards from Wood's house; I followed him, and saw Liver and him at the Thames, endeavouring to launch a boat; I bid Liver touch the boat at his peril, upon which Hurst ran away: then I took the linen out of the boat. Liver said Hurst hailed him in to take a load of goods; he is a waterman; he said if I had told him they were stolen goods, he would have helped to secure him; I asked him for the number of his boat, which he gave me; I took the goods to the watch-house; Hurst was taken the same day.
Hurst called four and Liver three witnesses, who gave them good characters.
HURST, guilty . T .
LIVER, acquitted .
141. (L.) SARAH PRICE was indicted for stealing a pair of linen sheets, value 12 s. a linen table cloth, value 5 s. three yards and three-quarters of linen cloth, value 9 s. a linen shirt, value 2 s. and four guineas, two crowns, four half crowns, and a silver three-pence, the property of James Samuel in his dwelling house , Dec. 13. ++
James Samuel . I am a brewer's servant ; I have a house in Grub-street ; my wife and I went out on Thursday the 13th instant, about one o'clock, and returned about six in the evening; before I went out I saw all the things mentioned in the indictment in a box in the kitchen; when we returned I found the box open, and missed all the things mentioned in the indictment. The prisoner lodged in my house; I suspected her; I went up stairs and asked leave to search her apartments; she consented; upon searching I found a key that opened my door; in a warming pan in her room, I found my money; I expostulated with her upon this, and then sue confessed she took the money and the otherthings, and she informed us where we might find them.
The prisoner called three witnesses, who said they had heard she had been at times delirious.
Guilty 39 s. T .
Thomas Freake . I am a grocer , and live at New Stairs. I was at the Yorkshire Grey, Bond's Stables, on Saturday the 7th of November, in company with some friends; at half after one I got into a coach to go home, the coachman stopped about three yards on the other side of the May-pole; I was asleep being very much in liquor; I was waked by the coachman, who is the prisoner, who was in the coach; I said what do you do here; he said he made bold to come into the coach to wake me, to know which way to drive; I told him to drive down old Gravel-lane ; he drove me within two door's of my own house; the watchman knocked at my door; the coachmen was than going away without his fare; the watchman in good nature brought him back for his fare; he came in and asked me 6 s. I told him I thought it was too much; he then agreed to take 5 s. I felt in my pocket and missed my money from both my breeches pockets; I said d - n you, you rascal, you have robbed
- Hayes, the watchman, confirmed the prosecutor's evidence, of what passed when the coach arrived at his own house.
- Townsend deposed that he heard the prisoner confess stealing the prosecutor's money.
Guilty of stealing, but not privately from the person . T .
143. (L.) WILLIAM HUDSON was indicted for stealing three cloth coats, value 3 l. three cloth waistcoats, value 10 s. two pair of cloth breeches, value 8 s. fifteen linen shirts, value 3 l. one silk petticoat, value 5 s. one muslin apron, value 4 s. one child's robe blanket, value 6 d. three children's linen frocks, value 3 s. two children's linen shirts, value 6 d. and one child's bed gown, value 1 s. the property of William Fleming in her dwelling house , Nov. 3d . ++
William Fleming . On the 3d of November, I went out about two, and returned about five o'clock in the afternoon; while I was out my house was robbed of the things mentioned in the indictment. I found the outer door and the kitchen door broke open; I sent three boys round among the pawnbrokers, to give them information of what I had lost, and to desire them to stop them, if any of my goods should be offered them; I found one suit of my clothes at a pawnbroker's in Holborn. I had some hand-bills printed and distributed; I was informed the Friday morning following, that some of my clothes were stopt in Rosemary-lane; I went there and found two coats, two waistcoats, four shirts and some other little things.
Joseph Coxon . William Hudson and I broke open Mr. Fleming's house between two and three in the afternoon; he broke open the kitchen door; I broke open the dining room door; after which we parted the things. I sold my share to Macartney, upon whom they were afterwards stopped.
I am entirely innocent of the charge.
For the Prisoner.
- Lepping well. I knew the prisoner five or six years ago; he bore a good character.
Q. Have you known him since that?
Lepping well. Yes; he drove a coach, and worked for me as a coachmaster.
Q. Do you know what his character, has been since he lived with you?
Guilty. 30 s. T .
See him tried for being concerned with Smith alias Thumper. for burglary in the dwelling house of Mr. Nesbit, (for which Smith was executed) No. 174; see him tried for another burglary No. 373, both in the last mayoralty.
144. (M.) WILLIAM HATCH was indicted for breaking and entering the dwelling house of Ary Holman , on the 10th of November , about the hour of one in the night, and stealing a cloth coat, value 10 s. a cloth waistcoat, value 6 s. a pair of cloth breeches, value 4 s. two pair of black silk breeches, value 20 s. two flannel waistcoats, value 8 s. two white dini mity waistcoats, value 8 s. eight Bristol stone buttons set in silver, value 4 s. one linen waistcoat, value 5 s. nine linen shirts, value 20 s. two muslin neckcloths, value 2 s. two pair of silk and worsted stockings, value 4 s. two pair of worsted stockings, value 4 s. one pair of silk stockings, value 3 s. one other pair of silk stockings, value 2 s. one linen cloth, value 1 s. one silver punch ladle, value 6 s. 6 d. one large silver spoon, value 12 s. two silver tea spoons, value 5 s. one child's coral, value 2 l. 2 s. three yards of black silk ribbon, value 3 s. 6 d. one linen gown, value 30 s. two children's robes, value 24 s. 6 d. one lawn apron, value 5 s. one other lawn apron, value 4 s. 6 d. four muslin aprons, value 8 s. six muslin handkerchiefs, value 18 s. 6 d. three pair of women's ruffles, value 27 s. five children's caps, value 19 s. three diaper pincloths, value 3 s. two children's gowns, value 3 s. six night caps, value 3 d. two children's gowns, value 3 s. six night caps, value 5 s. four pair of linen sleeves, value 4 s. two pair of silk stockings, value 24 s. two children's cloths, value 8 s. three children's shirts. value 14 s. one round towel, value 1 s. 6 d. one silk hat, value 9 s. threeAry Holman ; and one linen gown, value 23 s. two linen aprons, value 4 s. 6 d. one lawn apron, value 4 s. 6 d. three linen handkerchiefs, value 5 s. six night caps, value 2 s. one cotton handkerchief, value 2 s. 6 d. one silk handkerchief, value 2 s. 6 d. two pair of linen sleeves, value 2 s. 6 d. one pair of cotton stockings, value 2 s. 6 d. one linen shift, value 2 s. 6 d. and one laced handkerchief, value 11 s. 6 d. the property of Mary Collett , spinster, in the dwelling house of the said Ary . *
Ary Holman . I am a pewterer in Catharine-court . My house was broke open on the 10th of November; I came home about two in the morning, and found my parlour window which faces the court broke open; the inside bolt was forced from the shutter, and the wood of the sash was forced from the screw, and the screw left in the window; the sash was open and the shutters shut too. I missed the things mentioned in the indictment ( repeating, them).
Mary Collet . I am servant to Mr. Holman. I went to bed a little after twelve; I fastened the parlour windows. I lost the things of mine mentioned in the indictment; they were all taken from the kitchen. I was to have got up at five o'clock next morning to wash. I have not found any of mine.
Samuel Stone . I was constable of the night. These goods (producing a large bundle) were brought into the watch-house by a watchman; he said if I would let him have two watchmen, he thought he could find the man that had the clothes; I let him have two men, and in about an hour they returned with the prisoner.
Joseph Craig . I am a watchman. As I was crying the hour of two, in Mansfield-street, Goodman's-fields, I heard a party of people singing and making a noise; I stood at the end of Mansfield-street and Prescot-street, till they past by me; there were five of them, and most of them had bundles; the prisoner was one of them; he had a bundle covered with a surtout coat. I was afraid to attack them myself as there were so many of them, but I made a signal for my partners to come to my assistance; some came, and we pursued them up Ayliffe-street, till we came facing the constable; there they saw us after them; upon this Hatch dropt this bundle and surtout coat. I knew Hatch, I had seen him several times before; there were also Godfrey and Waters; they are indicted, but are not taken; I desired the watchman to pick up the bundle and keep up the pursuit; then these people said, go it, go it; by which I understood they meant to attack us, for I saw they had cutlasses; I called out, and two men on the other side the way came to my assistances; upon which the prisoner, and two that were with him, made off; then we pursued them to Whitechappel; we went back to the watch-house and got more assistance; then we returned and found Hatch knocking at a door, which I imagine is his own door, in Newton's Rents, in Winfield-street; he called out
"Poll, Poll, make haste, for the traps are after me;" we secured him, and took him to the watch-house. As to this surtout coat I know it to be the prisoner's; I have seen him wear it many times. I charged him with having robbed somebody; he said, no; he had been at the Man in the Moon; the master of the house was sent for, and denied his having been at his house.
The prisoner in his defence. said he was innocent of the charge; that he had been home from sea but six weeks; that his wife was in labour, and he had been for a midwife.
Guilty of stealing the goods, but not of the burglary . T .
145, 146.(M.) HANNAH WILDS , spinster, and ALEXANDER KEITH , were indicted, the first for stealing a silver watch, value 30 s. and two guineas and two moidores , the property of John Hutchinson , and the other for receiving the said watch well knowing it to have been stolen , Nov. 11 . *
John Hutchinson . I went with Wilds to the Ambury, at Westminster ; we agreed to go to bed together; I waked in about an hour and a half and missed her and my watch and money; I enquired after her and she had left her lodgings; afterwards I found her out, and had her taken up.
- Beacham. I a pawnbroker; I bought this moidore of her (producing it) for 22 s. and 6 d. it weighed no more.
I left him with the three girls; I had the money of my mother.
WILDS, guilty . T .
KEITH, acquitted .
Sarah Bishop deposed that she is about sixteen years old; that she had been in London about three years; that she was out of place; that she met with Mr. Carter, near Ranelagh, and having heard that he wanted a servant , she asked him, and he bid her come as soon as she could; that she accordingly went the same day, about half after eleven in the foremen to the prisoner's house, the Bohemia's Head, near Ranelagh, and was hired by his wife, at 4 l. per annum; that the prisoner was in liquor, and lay in one of the benches in the tap room; that her mistress went to bed at eight o'clock, having been up early to wash; that when the company were all gone, which was about ten o'clock, he bid her fasten the windows and the doors, and then the prisoner fastened the tap room door, took her unawares, threw her upon the ground, stopt her mouth with his hand, put his knees between her's, and lay upon her about a quarter of an hour, entered her body by force, and put her to much pain; that then he got up, and said he had not had his will of her, but he would be d - d to hell if he would not before he had done; that then he got upon her again, and laid upon her for half an hour; that she struggled all she could to get from him but could not, and that she could not cry out because he had his hand in her mouth; that he pinched her mouth till he almost choaked her; that then he entered her body, and she felt something come from him; that then he got up, and said she might go and be d - d; that then he opened the tap room door, and guarded her up stairs to her own room; that she found the other maid awake when she went to bed; that she told her how her master had used her; that the next morning she went to put a saucepan on the fire, and the prisoner put his hand up her petticoats; upon which she said she would not stay in the house; that the prisoner gave her her clothes out of the bar, and sixpence, and bid her go about her business; that she went up to her mistress, and told her what her master had done to her, and her mistress told her that he always served all his servants so the first night they came into his house; that her mistress gave her sixpence, and told her if she should prove with child they would maintain it; that then she got a warrant and had the prisoner taken up; that the constables and some friends of the prisoner forced her to join in tearing the warrant, and made her take four shillings and half a crown; that she went to Sir John Fielding's the next morning and got another warrant. She said that she was a poor girl, without father, mother or friends, and that she came from Wiltshire, and that she had lived in different services in town till she went to the prisoner's.
On her cross examination she said she did not know the prisoner's character when she went to live with him; that the other maid was awake when she went up; that one of his hands was lame, but yet he could use it; that her mistress and fellow servant lay up one pair of stairs; that her mistress and fellow servant said next day they did not hear her cry out, though she did cry out when she got up after the first time; that he asked her to drink but she refused it; that it was the first time she had ever been known by any man. She was asked how much she expected as a compensation for the injury, to which she replied six or seven guineas; upon which the court directed the jury to acquit the prisoner.
148.(M.) THOMAS BUTCHER was indicted for that he, together with divers other people, to the number of fourteen, were found passing within five miles of a certain navigable river, to wit the river Avon, with seventeen horses, upon which were put more than 6 lb. of tea, to wit 12 lb. and brandy exceeding the quantity of five gallons, to wit forty-five gallons, the said tea and brandy not having paid the duty, and did hinder, obstruct, assault, and oppose Jacob Garrard , a supervisor of excise, in the execution of his office, in seizing the said tea and brandy .
Another court charged it the same as before but not with going armed.
Jacob Garrard , a supervisor of excise at Chichester, deposed that having an information on the 1st of May, that some smuggled goods were to pass over the river Avon, (which is navigable) over Greetham-bridge, he collected three officers, Playford, Hubbard and Warren, and waited in order to make a seizure; that at half after 11 at night 15 or 16 smugglers on horseback loaded came to a gate at the
"G - d d - n him, knock him down, knock him down;" that then he was set upon by several of them, who beat him in a very violent manner, knocked him down, and tumbled their horses over him; that then they forced him towards a ditch about a road wide, and proposed to murder him, and throw him in; that then they forced him into the ditch; that he exerted himself, and slipt in so as to have his face upon the bank, and lie partly out of the water; that he received two violent blows as he was falling with large sticks or whips; that some of them had sticks as big as a man's wrist; that then one man struck him upon the eye, and another gave him a blow that took away his senses; that he soon recovered, and seeing the smugglers in confusion, and imagining that Playford and Warren were come to his assistance, he exerted himself, and got out of the water; that as he was rising, a smuggler upon a bald-faced horse, lifted up a whip, or stick, and threatened to knock him down, upon that recollecting he had a pistol in his waistcoat pocket, he presented it to him, upon which he gave back; that then Playford and Warren distinguished him, and Playford gave him his sword; he had wrested a whip from one of the smugglers, which he kept for his own defence; that then he and Playford stood back to back, and one of the smugglers, who was on his right, struck at the pistol, and knocked the cock down, but being wet it did not go off; that at the same time, another attacked him on the left with a large stick many times, which he held in both hands, because it was too large for one; (he described that man to be about the size and shape of the prisoner); that he was obliged to use the sword with his left hand while he held the pistol in his right; that he pricked him three times with his sword; that the last time he cut him on the cheek, under the left eye, upon which he gave back a little, which gave him an opportunity of changing his sword to his right hand, being released from the man he had presented the pistol at; that the smuggler continued to press upon him with his stick, upon which he pushed at him very hard; that he had a loose riding coat in, which seemed to prevent the sword penetrating; that the second time the sword went through his clothes, and the third thrust he stabbed him just under the left breast; that then the man left him, and the smugglers collected together and went off with their goods; that he found three tubs of brandy in the road, and then Hubbard came up and informed them that his horse had run away with him and had thrown him; that then Warren and Playford went in pursuit of the smugglers, and Hubbard went in search of his horse; he returned with his horse, and a fourth cask of brands, which they found in the road just beyond where the attack was made; that the man on the bald faced horse, and another came up, swore at him, and threatened him, upon which he presented a pistol to them, that he had received from Playford, upon which they went swearing away towards Hubbard; that he went to Hubbard's relief, and presently met him, who told him that the smugglers had taken the casks from him, and had threatned to murder him, but he said he knew them; that they were Will Skinner, Joe Skinner , and Thomas Butcher ; that then Hubbard went away to shift for himself, and he went to a house for some relief, as he was wounded much and had lost a great quantity of blood.
John Hubbard confirmed the evidence of Jacob Garrard , as far as he was concerned, and deposed that the prisoner was one of the smugglers, and that he had known him from a child, and that there were also William Skinner, and Joseph Skinner , and also that he opened the staves of one of the casks he found upon the road with his knife, and tasted the contents, which was brandy.
Mathew Warren confirmed the evidence of Garrard and Hubbard as far as he was concerned, and produced a very large stick, which he said he took from the man whose face was bloody, and that the stick was bloody when he took it.
- Gill deposed that he saw Hubbard on the 2d of May, and that then Hubbard told him that the two Skinners, and the prisoner were part of that company, and that he was present when the prisoner was examined before the Justice, on the 26th of May; that he had then the mark of a wound in his face, which he said he received by a kick from a horse; that the justice asked him if he had not got a wound in his left breast; that he denied it; that he described what part of the breast Garrard had wounded the man, as Garrard had informed him, and that upon examining the prisoner, there was the mark of a wound newly skinned over, just in the place he had described, which appeared to have been given by the point of a sharp instrument, and that the prisoner said that wound also was given by the kick of a horse.
John Stamford , who deposed that he lay in the same bed with William Skinner , at Kaple in Surry on the 1st of May.
He called Edward Rossiter , who deposed that the prisoner was slightly kicked in the face by a mare while he was dressing her, and in the side; being asked to explain that, he said the mare kicked with both legs.
Thomas Skinner , his master, deposed that he left his house to go to bed between nine and ten, on the 30th of April, and that he saw him at work between three and four the next morning, and that his horse is about four miles from Greetham Bridge; upon his cross examination he acknowledged he (Skinner) had himself paid 70 l. for smuggling, and James Butler , Esq. a magistrate for the County of Sussex, deposed that John Hubbard bears a very bad character, and it was his opinion that he ought not to be believed upon his oath.
Guilty . T .
149, 150, 151, 152, 153, 154, 155, 156, 157, 158. (L.) AVERY WESTON , FRANCIS TYLER , HUMPHRY HARDGRAFT , BENJAMIN FRANCE , THOMAS WOOD , JOSEPH DRAPER , HENRY COURT , NEHEMIAH CLEAVE , RICHARD JORDAINE , and CHARLES WALLINGTON , journeyman currier s, were indicted for a conspiracy with intent to raise their wages . ++
161. (L.) JOHN GILBERTON was indicted for feloniously uttering a piece of false and counterfeit money in the likeness and similitude of a quarter of a guinea, and that he also had at the same time another piece of counterfeit money in his possession, to wit, a piece of false and counterfeit money, to the likeness and similitude of a shilling against the statute , Dec. 5 . ++
Mary Reynolds . The prisoner bought a fowl of me for eighteen-pence. A girl informed me he put off bad money; he came again in half an hour and agreed for another fowl; he offered me 5 s. 3 d. I took it to Mr. Collins; he said it was bad, and came out and secured the prisoner.
- Brand. I am a constable: I was sent for by Mr. Collins; he gave me charge of the prisoner; I took him into a back room and searched him; I found ten shillings upon him.
(They were produced as well as the quarter of a guinea, and proved to be all counterfeit.)
The prisoner in his defence called one witness, who knew him two years ago, who said he had a good character then.
Guilty , Imp. one year , and to find sureties for his good behaviour for two years .
* The Lord Mayor went off the bench during this trial.
Mr. John Laurence gave a general account of the riot in Guildhall-yard ; as did Mr. Joshua Tinsdale , the city marshal, who farther deposed that he saw the prisoner among the rioters, but did not see him do any thing in particular.
Mr. John Crocker , an officer in the Artillery Company, deposed that he came with the Artillery Company to Guildhall-yard; that he saw the prisoner very active; that he seized him, and told him if he did not behave better he should take him into custody; that about ten minutes after that he felt a violent blow on the right side of his head that almost stunned him; that he put his hand up to his head and found it bleed, upon which Mr. Mitton informed him that the prisoner was the person who threw the stone at him; that the defendant was not at that time more than four yards from him, and that he immediately secured him.
The prisoner in his defence denied the charge.
Guilty of the assault on Mr. Crocker , Imp. five Weeks .
The Trials being ended, the Court proceeded to give judgment as follows:
Received Sentence of Death, 12.
William Simpson , George Turner , John Bagnall , William Booth , Joseph Harrison , John Mitchell , Michael Doyle , Nathaniel Bayley otherwise Bayless, James Crompton , Benjamin Bird , John Law otherwise Low, William Griffiths .
Transportation for seven years, 57.
Samuel Duck , Mary Johnson , Elias Cherry , John Smith , Daniel Brads , William Hudson , Mary Smith , Mary Cunningham , Andrew Mitchell , Bishop Humphreys , James Jones , Timothy Dorman , Edward Smith , Mary Peck , Samuel Armstrong , Daniel Smith , Thomas Emmery , George Mills , Thomas Jones , Thomas Whitaker , Charles Gill , Henry Howard , William Green , James Wardens , Richard Best , Philip Welch , Richard Allwright , Sarah Wade , Sarah Jordan , Francis Lewis , William Richards , John Dunn , William Redwood , Susanna Naylor , Henry Green , William Hatch , Hannah Wilds , Mary Clarke , Deborah Jones , Francis Harling , Margaret White , Benjamin Durden , Richard Collins , William Coster , Eleanor Powell , Timothy O'Connor , Alice Boyle , Esther Kelke , Henry Hurst , Thomas Butcher , James Duffey , Thomas Morris , Richard Surrell , John Richardson , John Bromley , William Hickman , and Sarah Price .
Martha Wadle , Elizabeth Grant , Mary Mackenzie , Sarah Jones , Mary Purnel , Matthew Haddock , Robert Dale , Richard Henley , John Trusty , Alexander Brookfield , Abijah Manser , Daniel Heley , Sarah Tucker .
Takes down TRIALS at LAW, PLEADINGS, DEBATES, &c And Teaches the ART of SHORT HAND upon reasonable Terms.
of whom may be had the eighth Edition of BRACHYGRAPHY or SHORT WRITING Made easy to the meanest Capacity, Price bound 8 s.
Takes down TRIALS at LAW, PLEADINGS, DEBATES, &c. And Teaches the Art of SHORT HAND upon reasonable Terms.
Of whom may be had the eighth Edition of BRACHYGRAPHY or SHORT WRITING Made easy to the meanest Capacity, Price bound 8 s.
Takes down TRIALS at LAW, PLEADINGS, DEBATES, &c. And Teaches the ART of SHORT HAND upon reasonable Terms.
Of whom may be had the eighth Edition of BRACHYGRAPHY or SHORT WRITING Made easy to the meanest Capacity, Price bound 8 s.