NUMBER IV. 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 , Lord Mayor of the City of London; the Honourable GEORGE PERROT , Esq. one of the Barons of his Majesty's Court of Exchequer *; the Honourable Sir HENRY GOULD , Knt. of the Justices of his Majesty's Court of Common Pleas +; Mr. Serjeant GLYNN, Recorder ++; THOMAS NUGENT , Esq; Common Serjeant ~, 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.
(L.) First London Jury.
(2d L.) Second London Jury.
(M.) First Middlesex Jury.
(2d M.) Second Middlesex Jury.
First London Jury.
Second London Jury.
First Middlesex Jury.
Second Middlesex Jury.
JOHN CHRISTOPHER was indicted, for breaking and entering the dwelling house of John Dobbs , on the 2d of March , about the hour of one in the night, and stealing two silver tea spoons, value 4 s. one pair of silver tea tongs, value 3 s. fifteen linen sheets, value 30 s. four corded dimity bed curtains, value 20 s. fix damask linen clouts, value 4 s. one stuff coat of a toilet table, value 1 s. three muslin handkerchiefs, value 9 s. four linen aprons, value 4 s. three pair of woollen blankets, value 30 s. one linen bed quilt, value 8 s. three linen table cloths, value 6 s. three linen breakfast cloths, value 3 s. three linen napkins, value 3 s. fix linen dusting cloths, value 1 s. 6 d. two pillows, value 2 s. six-linen pillowbiers, value 6 s. one harrateen window curtain, value 1 s. one check window curtain, value 1 s. two woollen packing cloths, value 3 s. two linen towels, value 1 s. one lawn ruffle, value 1 s. three pair of linen shift sleeves, value 9 s. two yards of long lawn, value 16 s. and five iron keys, value 5 s. the property of the said John, in his dwelling house .
Sarah Moulds . I am servant to Mr. John Dobbs . I take care of his house at Kingsland-green ; the family were in town; Mr. Dobbs lives in London; I fastened up the house on Monday night; on Tuesday morning I found the gate unlocked, and the door double locked; I missed nothing then. The next day ( Wednesday,) I went to the house again, about two o'clock in the afternoon; I found the gate unlocked again, and the door double locked; when I went in I found a tea-chest in the parlour broke open, and a cupboard door was broke open; I went up and found the house had been robbed, and missed the bedding and the clothes out of the closet; the locks of the doors were all opened but the street door, and the keys were carried away; I apprehended he got into the house by a key; I saw all the doors and windows were fast, about eleven o'clock on Tuesday night; I heard the dog bark about twelve o'clock; I opened my door and every thing was still. I missed the things mentioned in the indictment (repeating them.)
Q. from the prisoner. Whether you ever saw me near the place?
Moulds. I think I have seen him begging in the neighbourhood.
Elizabeth Davis . I am Niece to Mr. Dobbs; I was in town with my uncle on the 2d of March: this Mrs. Moulds's husband came to inform me that the house had been broke open; I went down and discovered the things missing which are mentioned in the indictment; I took the inventory of them myself. On the 11th of March as I was passing thro' Grub-street, I by accident saw a handkerchief hanging at the door of an Old-clothes-shop; I knew it very well; it was my own work, and had my own mark in the middle; I asked the price of it; the woman whose name is Sarah Shaw said half a crown; I went home and sent the last witness to buy it; I went to Sir John Fielding 's next day; he sent two constables with me to the shop; I told Mrs. Shaw I insisted she should tell me who she bought the handkerchief of; she said she had bought one lawn ruffle and two other handkerchiefs besides, which she produced; the ruffle was my aunt's, and she said she would produce the man, of whom she bought them; she said he always passed the door between twelve and one o'clock, and that if Sir John Fielding 's men would attend, she would point him out; they did attend and apprehended the prisoner.
Miss Davis. This ruffle is my aunt's property; it is my own work; it was taken out of a closet in a one-pair-of-stairs bed-chamber; I had it in my hand the week before, my aunt wore it the day she came to town. Mrs. Shaw said the man had sold some other things to Mrs. Bruin; I went there and found five sheets, three aprons, a gown, two shifts, and an old night shift; they were Mr. Dobbs's property, and 3 pair of new shift sleeves unmade, half a yard of cambrick cut into slips, and pretty near a yard of cambrick besides.
Sarah Shaw . I keep an old clothes shop. I bought these things of the prisoner; he sold me this ruffle, and the half handkerchief; this ruffle I had sold again, and I fetched it back. Seven days after that I bought this mole handkerchief of him; this is the ruffle that I carried to Mrs. Dobbs's; he shewed me some other things which I did not buy; there was about a yard of new cambrick, three pair of new shift sleeves, and a good many slips of lawn: I did not buy them; then he went to Mrs. Bruin; he came back and shewed me the money; he said it was 4 s. I saw 2 s. and some half pence; he told me he was a dealer in old-clothes; I always took him for such; I told Miss Davis I knew who I bought them of; Mr. Phillips came next day and staid in the house about four hours, when I saw the prisoner pass the end of the street.
Jane Bruin . I bought these things ( producing them) of the prisoner; I cannot remember the day of the month exactly, I believe it was about the 6th of March; one of the sheets Mr. Dobbs swears to, but I am positive it is not his; there were three coarse sheets; I sent for some black silk to mark them, as I thought to keep them for my own family. I gave him 26 s. for one parcel,
Prisoner. She is mistaken in the man. I sold her a blue china gown.
Bruin. I am certain he is the man I bought these things of.
Percival Phillips . I apprehended the Prisoner in Chiswell-street, it was not far from Mr. Dobbs's; I took him there; I made his hands fast immediately, and in his coat pocket I found this curtain, and in his waistcoat pocket I found this picklock ( producing them,) it will open most doors.
Q. Is it a common picklock key?
Phillips, Yes; and one of the best sort; he said he found it; I asked him where he found the curtain, he gave me no answer. I took him to Sir John Fielding 's; Sir John asked where he lived: he gave a false direction where he lived.
I am a dealer in old clothes in Ragg-fair; I bought this curtain; I know nothing of the other things; I am lame and could not do such a thing; as to this thing they call a picklock, I picked it up in Moorfields.
He called two witnesses who gave him a good character.
Guilty of stealing the goods, but not of the burglary . T .
354. () SARAH, the wife of Stancey TONGE, otherwise Thomas Tonge , was indicted for stealing 17 yards of silk lace, value 11 s. the property of Joseph Green , privately in his shop , March the 30th . +
William Gunston . I am a journeyman to Mr. Green, who is a haberdasher , at No. 51, Cheapside ; the prisoner at the bar came to our shop on Tuesday the 30th of March, about the hour of five, as near as I can remember, in the afternoon; she desired to look at some narrow blood laces; she had a little parcel in her hand, about the size of this, (about six or eight inches wide, and twelve or fourteen long) upon it was pinn'd a pattern of blond lace; she asked me if I had any that would match it; I told her I had; I serched the drawer, and took out a piece which matched her's; she then said she wanted it finer and broader; I told her we had nothing nearer then that; she took up severals cards of blond lace.
Q. That sort of lace?
Gunston. Yes, and asked the prices of them. There were about twenty odd cards in the drawer; she asked me if I had any other pattern that was about 3 s. or 4 s. a dozen; I shewed her one or two more about that price out of the same drawer as I took them out of; I laid them on the other side of the drawer from where she stood; she then took up this parcel of her own which had the patterns pinn'd to it, and laid it upon the laces that I had taken out and put on the other side of the drawer, and then she asked me what was the lowest price of the lace which matched her pattern; I told her 4 s. a dozen; she asked me if I would take 3 s. a dozen, for she wanted a pretty deal of it; I told her 4 s. was the lowest if she was to take the whole card of it; she then took up this parcel she had laid upon the laces in a very particular manner which struck my attention as it lay upon the laces on the other side of the drawer; she put the under part of her hand close underneath and brought it over in a very stiff manner, and laid it directly before her; seeing the parcel going in this stiff manner struck me, I endeavoured to look under it; I stooped with pretence to look in the drawers but could not see any lace; she then asked me what quantity of that little edging would trim a little cap; I told her it depended upon what kind of cap it was; she then said cut me three-quarters of a yard; then she said no half an ell will be enough, which I cut off; she then asked me for some coarse cat-gut; I think a quarter of a yard or a quarter and a half of coarse cat-gut: we keep the cat-gut in the counter; I asked her to lift the parcel off while I lifted up the counter; as she took the parcel off I kept my eye upon her: I observed her as she drew back she put her right hand under the parcel which she took in her left hand, and immediately I saw a quick motion under her apron; the moment she had disengaged her hands from her apron, her hand went into her pocket immediately, and she took out some money; then this parcel which was so stiff before in her hand was hung very carelessly upon her hand; she threw down the money that the lace and cat-gut came to, which I believe was 7 1/2 d. seeing all these operations confirmed me very strongly in my suspicion that she had got a card of lace; she said then is that the lowest price; I said yes; then she said, I shall want a dozen and eight yards of lace, which I must send my young woman for to-morrow morning; then she wished me a good afternoon, and away she went: the
Q. Where was she then?
Gunston. There is a sash door, she had got on the outside of the door and was just turning round to go; as soon as she came in, I said, Ma'am, you have got a card of lace, or something that don't belong to you; she denied it; I then took her into the back counting-house and charged her with it again.
Q. Was there any people in the shop besides?
Gunston. Mr. Green was serving two ladies; she immediately fell down upon her knees, and begged for God's sake I would have mercy upon her; I desired her to sit down in a chair; she refused, and fell down directly upon her knees again, and made a motion by which I thought she wanted to disengage what she had; I then pulled her up rather rough, and pushed her down into a chair to make her sit down; I then put her apron and gown by and she first thing I saw sticking out under her stays was this piece of gauze (producing it.)
Court. That has nothing to do in this case.
Gunston. Then I felt under her stays and pulled out this card of lace (producing it).
Q. Do you know it to be Mr. Green's?
Gunston. Yes, very well; for that very morning I took it on return from a milliner that had it the night before to shew to a lady; she begged still very hard for God's sake I would forgive her, and let her go, and she pulled a little box out of her pocket which she opened, and threw about eight or ten pieces of gold upon the table, which she begged I would accept if I would keep this affair secret; which I would not do; I then secured her; Mr. Green came back into the counting house and asked her name; she said it was Shipley, and that her husband was an attorney in St. Mary Axe; Mr. Green went back into the shop and brought two ladies with him; while Mr. Green was gone, I said, what could be your motive for doing this? she said, poverty: said I, that is impossible, you have gold here in plenty, you do not seem as if you was in any distress; you do not know, said she, what distress there is in a family: almost directly she clasped me round the body, and said I am not a married woman, for God's sake make it up and I will give you twenty guineas if you will make it up.
Court. Well, well, you need not mention every
little circumstance! you charged a constable with her?
Gunston. By this time the ladies came into the counting-house where we were, and Mr. Green asked them if they knew her; they said yes, and were sorry to see her under these circumstances; Mrs. Tonge said, Ma'am, you do not know me; she said yes, and her name was Tonge and that she lived in Fleet-street; Mr. Green said how could you tell me such a falsity; she said, Lord, Sir; would you have me tell the truth at this time. I was sent for a constable.
Q. Is there any mark upon the lace?
Gunston. Yes, the number of the card, and a private mark of what it cost us; it is Mr. Green's marking; I know it to be his property.
Q. You say she came into your shop to buy lace and did buy it?
Q. That she had a parcel like that you describe?
Q. When you saw her lay it upon the card of lace, did you attempt to take it off, or speak to her about any impropriety you observed in it?
Gunston. I had no reason nor no right to do it.
Q. When you wanted to lift the counter, in order to see under it, she removed it?
Q. And there was something particular in it, but you saw nothing under the parcel itself?
Q. Not saw nothing of the lace till the time you mentioned you took it from under her stays?
Q. Have you always talked the same of this story as you do now?
Q. Or did you say before the sitting alderman, that when she moved it across the counter, you saw part of the lace hang down?
Gunston. I did not, sir, because the card was pinn'd up.
Q. When the lace is taken from a card, do you put other lace upon the same card?
Gunston. If it is the same pattern; if not, we destroy the old mark; and put another on again; it would be very extravagant else to use a card to every lace.
Q. You do not know when that was marked?
Gunston. It was marked when that lace was put upon the card.
Court. What is the reason for your saying it was marked when the lace was put on?
Gunston. When we have a card that has been used before, we cut off the old mark, and mark it afresh with what that cost.
Q. Nor you do not know them to be your own cards?
Court. It is by the mark you know what to ask?
Gunston. Yes; it is marked with the prime cost, and we know what profit to ask.
Counsel. When you sell a whole card you sell card and all?
Gunston. Sometimes we sell it card and all, sometimes not.
Q. How high is the box it was in?
Gunston. It is a drawer; it might be four or five inches deep.
Q. You say you laid the laces, when you took them out, upon that side of the drawer farthest from her?
Q. You put it over the drawer next you?
Gunston. Yes, a cross the drawer, and covered the laces with it.
The card of lace I certainly took up with my parcel; I had my gloves on, and upon my word I knew no more that I had it then you do; it never was under my stays, so help me God.
Court. How many yards was upon this piece?
Gunston. Seventeen yards; it cost Mr. Green 8 d. the yard; it cost him 11 s. 4 d.
Counsel for the prisoner. I thought you asked her 4 s. a dozen?
Gunston. That was a narrow edging she was bargaining for, not for this.
Court. Was you not satisfied, by what you saw the woman do, that she had stole the lace?
Gunston. Yes, every circumstance confirmed my suspicion.
Court. I do not mean whether it gave rise to a suspicion, but was you convinced in your mind?
Gunston. I was convinced in my mind she had got something, but I did not know what.
For the Prisoner.
Q. What character does she bear?
Parker. I know nothing of her character.
Q. She has dealt with you?
Q. Very honestly?
Parker. I never suspected the contrary.
John Burcher . I am a goldsmith in Long-acre: I have known her ever since 1761; great part of the time she has kept a milliner's shop in Fleet-street; she is in a large way of business; I never heard but that she dealt fairly and honestly, and bore the character of an honest woman.
Mrs. Burcher. I have known her between 13 and 14 years; I thought her character a very good one. I keep a shop with my son; she had a house of mine two or three years before she went into business; she paid very honestly; I have bought things of her, cloaks, and every thing; this is a litigious thing; I do not think she would be guilty of such a thing.
Court. I cannot pass by such evidence as this without taking notice of it: have you heard what Gunston swore, that he took this piece of lace from under her stays?
Court. Well, and can you think that owing to a mistake?
Burcher. We have had many mistakes in my shop, and ladies have carried things into their coach.
Q. What under their stays?
Burcher. In their laps some how.
Court. Now suppose a fine lady was to come into your shop, and you should miss some jewels, and find them afterwards, half way down their stays, would you think that a mistake.
Burcher. We have found this mistake and taken them out.
Q. Do you upon your oath believe, supposing that gentleman has swore true, that this was a mistake?
Burcher. I know nothing of that gentleman, I am sure it amazed me.
Q. Why then do you put such a construction upon it?
Burcher. I do not think she would have been guilty of such a thing.
Q. Did she always bear the character of an honest woman?
Q. You live at Wendover?
Barnet. Yes; but I come to London every week or fortnight. I never thought any thing amiss of her.
Q. Have you left lace at her house?
Barnet. Yes; while I have been going to take a walk with any friend, I have left from 50 l. to 200 l. worth of lace at a time, as I might at any other shop where I dealt.
Q. Were they sealed?
Barnet. No, only tied or buckled with a strap; I never lost a card to my knowledge; I have, when I have been ill, sent her up a dozen or so, and she has sent me down the money for a card; I never missed a yard of those cards that I left with her. I would have opened an account with her, but she would not suffer me to do it.
Q. How long have you known her?
Patterson. About two or three years; she has come and looked out goods; we have sent them; she has always paid for every thing she had. I never had any suspicion of her honesty.
Q. What is her general character?
Patterson. I never heard any thing to the contrary.
William Bowler . I am a lace-man; I live at Radcliffe-cross; I did live in Oxfordshire: I have known her five or six years; I never heard any thing amiss of her character before this; I dealt with her for hundreds of pounds; I have left cards of lace with her time after time; I always received them as I left them.
Q. What is her general character?
Witbridge. I have not heard much of it; she has dealt with me, and always paid me honestly. I have not dealt with her this twelve-month past, as I know of.
Q. What is her general character?
Ellway. She was always in a just way of dealing.
Q. Did she bear the character of an honest woman?
Ellway. I never heard any imputation upon her character.
William Hern . I am an attorney: I have known her a dozen years; I never knew any thing amiss of her in my life. My father used to invite her for weeks together to our house before she kept this shop; she has generally a very good character.
Edward Bryan . I was present at the examination of Mrs. Tonge, at Guildhall: Mr. Gunston said when she took up the lace she put her hand under the parcel; and he said he saw the corner of the lace and the corner of the card stick out; the card was his word.
Nebemiab Ward. I understood it in the same light upon the examination as the last witness has given his oath, that in taking up the parcel; he said he saw the lace, or the corner of the lace, I understood him so.
Q. The other said the corner of the card?
Ward. He said he saw the corner of the lace hang down.
Court. You are coming here upon words, that is the whole, to shew that this gentleman said at the Lord Mayor's different from what he has now said; now can you recollect the words he made use of?
Ward. As nigh as I can recollect he made use of the expression of the corner of the card being seen under the parcel; he took up the paper and said he saw the corner of it hang down, or out.
Q. Was that the word?
Ward. I believe it is.
Q. Are you sure he said the corner of it?
Ward. I am partly sure that is the word.
Court to Mr. Gunston. Do you recollect what you said?
Gunston. Yes, I do; it did not come into my mind when I was upon my evidence; I said before Alderman Sawbridge, that in order to be certain, after the stiff moving of the parcel, I did endeavour to see if I could discover any thing under it, I put my head low down, and thought I discovered the corner of the card but saw no lace.
Q. Is your master here?
Gunston. No, he is a quaker; therefore I was bound over to prosecute.
Q. Are any of those ladies here?
Gunston. I thought there was no necessity of their coming here; they saw nothing of the transaction, but only spoke about her person.
Guilty of stealing the lace, but not privately in the shop . T .
Jarvis Chambers and Stephen Langston , privately in their shop , March 30th . +
Q. Do you remember the prisoner coming to their shop?
Holyer. Yes; on Tuesday the 30th of March , at near five in the afternoon.
Q. Had you ever seen her before?
Holyer. Not to my knowledge.
Q. Are you sure to her person?
Holyer. Yes; she asked me for an article called glossy cat-gut; I shewed her some; she bought one yard to the best of my remembrance at 20 d. and paid for it; in the same paper of cat-gut was contained a piece of gauze like this.
Q. From whom had you that piece?
Q. Are you sure that piece is your master's property?
Holyer. There was such a piece in the paper.
Q. Can you be sure; was there your mark upon it?
Holyer. There was no mark upon it, there was such a piece in the paper when I opened it to her; I immediately put the paper up in its place, as she was going out of the shop, with the remainder of the cat-gut in it; I did not observe whether the gauze was gone or not; she went away. The next I heard of it was William Gunston sent to our shop to know whether we had lost such a thing.
Q. How far is Mr. Green's from your shop?
Holyer. Nine doors; I went immediately into Mr. Green's without looking at the paper; when the piece of gauze was shewn me by Gunston the prisoner was present; we sent one of our young men to the house for the paper; I sent Samuel Raymes for the paper; he brought it back; we had no other paper of the kind in the shop.
Q. How long was it before he brought it?
Holyer. Three minutes at the farthest; when it was brought we opened it, and there was the cat-gut in it, but the piece of gauze, like this, was not there. The prisoner confessed the fact; she said she had taken it from our house.
Q. Did she say any thing more?
Holyer. She wanted much to be released; she begged very hard.
Q. Did she speak to you?
Q. What was the purport of what she said?
Q. He was not there at first?
Q. Was he present when she confessed she stole it from your shop?
Holyer. He came of his own accord upon hearing we were there; she asked for pen, ink and paper, that she might assign over to him what was in her possession at that time, as a grataity to let her go.
Q. What did you understand by it?
Holyer. I apprehended she meant all her effects.
Q. She did beg to be discharg'd, did she?
Holyer. She kneeled down on her knees several times.
Prisoner. Knowing there were ladies waiting for me at home I begged to be let go.
Q. Did she say any thing to you of having ladies at home?
Holyer. Yes; she said she was wanted at home.
Q. And begged you would let her go?
Q. How came she to tell you she had taken it at your house?
Holyer. We charged her with it and she confessed it.
Prisoner. It was my own gauze; I never confessed it; I had used seven yards of it; it was my own.
Q. What became of the gauze afterwards?
Q. Who produces it now?
Holyer. I do.
Q. Have you ever seen the gauze since.
Holyer. No; I saw it when it was brought to find the bill of indictment.
Q. Was there ever any charge made of this gauze before the alderman?
Holyer. I did not appear before the alderman.
Q. Then from that time to this there has been no charge against this woman, till this bill of indictment; how came you not to go to the alderman to charge her with this?
Q. Who applied to you to prosecute her for stealing the gauze?
Holyer. My master desired me.
Q. Who applied to your master?
Q. Then it is extraordinary you did not go before the alderman?
Holyer. Gunston was enough for that.
Q. Did not she deny the gauze being your's?
Holyer. At first; afterwards she confessed it.
Q. That is, you are pleased to say she confessed it?
Holyer. I am pleased to say the truth.
William Gunston . I took her into the back room behind the shop, in order to search her; when I got her into the chair, I put her apron and gown by, the first thing I saw was this gauze sticking about the middle part under her stays, and held between the stays and her body; I pulled it out, and said, hollow! what have you got here? she said this is some gauze I am going to shew to a lady: said I this is an odd manner to take gauze to shew to ladies under your stays, I am afraid you have taken it somewhere or other; she then said it was her own gauze; I opened a little parcel in her hand to see what she had been buying, and in it I saw some glossy cat-gut; I then called for our apprentice, and bid him go into the neighbourhood, and enquire who had sold a lady that cat-gut; he went to two of the neighbours, and they had not sold any; then he went to Mr. Langstone's, and then Mr. Holyer and Mr. Addington both came up; I said Mr. Holyer do you know this piece of gauze? he said no; we had such a piece of gauze in the parcel, I will go home and fetch it.
Q. Did you shew the piece of gauze to Holyer?
Gunston. Yes. I forget whether Addington and he both went, or how, but Addington brought the parcel soon after; Holyer said, before the parcel was opened, if there is a piece of Paris net in this parcel this is not our's; the parcel was opened and the Paris net was not there; there was none.
Q. Is this that gauze or Paris net?
Gunston. Paris net gauze, that is the term of it.
Q. It does not seem to be rumpled.
Gunston I have kept it in a box in my custody from that hour to this.
Q. One would have apprehended, if a woman had had it under her stays, it would have been tumbled: how far up was it?
Gunston. About thus high ( describing it to be about half way up her stays); that gauze will not rumple.
Q. to Holyer. How long had she been gone from your shop before you was sent for?
Holyer. About ten minutes.
Q. from the Jury to Gunston. What reason had you to send to Messrs. Langstone and Chambers's before any other shop?
Court. He told you he sent to two or three others before.
Samuel Addington . Mr. Green's young man came into our shop, and asked me whether there had been a lady at our house within a few minutes to buy some glossy cat-gut; I said, yes; he said come to our house to look at her, for we have found some Paris net upon her, which we imagine is stole from somebody; I went immediately and Holyer followed, and I went home for this paper; when I came to see the lady at Mr. Green's; they asked me, was this lady in your shop? I said, yes; Holyer was there at the time.
Q. Who sent you home for the paper?
Addington. Gunston I believe; or whether I said I will fetch the paper I cannot hardly recollect; but I went home and fetched the paper immediately.
Q. Did you know the paper?
Addington. Very well.
Q. Did you ever see that gauze in that paper?
Addington. We always keep that sort of gauze and glossy cat-gut, and plain gauze in that paper; either Mr. Gunston desired me, or I said will fetch the paper, I forget which.
Q. You know perfectly well the paper?
Addington. Yes, every thing of the glossy kind was put in that paper.
Q. Did Holyer say any thing about the paper?
Addington. I cannot recollect whether he did or no, for I immediately ran for it as soon as ever I saw the prisoner.
Q. Did you open it at your own shop?
Addington. No; not till I got to Mr. Green's compting-house; there I found in it glossy cat-guts, and plain gauze; she offered any sum of money, and called for pen and ink to make over all that she had in the world, if Mr. Green and Mr. Langstone, the owners of the lace and gauze, would not prosecute her.
Q. You have said all the glossy gauze and cat-gut was in that paper?
Q. Was that all the gauze you had in the house?
Addington. No; we keep variety of gauzes in the house; all the glossy gauze that we have we keep there.
Q. Is it gauze or Paris net?
Addington. It is Paris net gauze.
Court. Is this a kind of gauze?
Addington. Yes; there is plain gauze and figured gauze of various denominations, but this we always call Paris net.
Q. But is it gauze?
Prisoner. I told Mr. Gunston it was my own when he took it barbarously from me; he never charged me with it before the alderman.
Q. from the prisoner's counsel to Gunston. Did not she tell you it was her own gauze?
Gunston. She said so at first.
Q. How came she not to be charged with this before the alderman?
Gunston. I only charged her there with the affair of the lace.
Q. Nothing was mentioned then before the alderman, but about the lace?
Gunston. Yes; I did mention it before the alderman, but he said that was nothing to this.
Q. Had she any gauze of her own?
Gunston. She had a little parcel she bought at Mr. Langstone's; I returned it before the alderman, and what she bought of me.
Prisoner. Mr. Gunston wanted to keep it all from me, but the alderman obliged him to give it me back, for that part is my property.
Court to Holyer. After that woman had been in the shop, did you shew any of the glossy gauze, or any thing in that paper to any other customer?
Holyer. No; the paper was not opened from the time she was in the shop till it was opened in Mr. Green's compting-house.
Court to Addington. Was you in the shop?
Addington. Yes; from the whole time the prisoner was at our house till I went to Mr. Green's, and I am certain it was never opened from the time it was shewn her till I carried it to Mr. Green's.
Q. How long was it after you went from your shop to Mr. Green's before you came back?
Addington. Not a minute; I ran there and back directly, and it is very near.
It is my own property; they took it from me: Mr. Gunston has a particular spite towards me, and I believe there are people in court that he should say to, that if it was possible he would have my life. I have witnesses to prove that, one is a servant maid; her mistress was uneasy about me; she was surprised, as all the world must about a woman of my reputation: I might have been trusted with thousands. In regard to this woman, she is only a servant maid, that has lived with a lady I have worked for many years; she was frightened with the news, and sent her servant to Mr. Gunston's to buy pins, and know the truth of it, and he was pleased to say desperate things of what he would do to me: Mr. Sumpter has heard something of it.
Counsel for the Prisoner. I do not think that is very material; we had better rely upon her good character.
Court. As the woman has stated this to the jury, you should either retract it or endeavour to prove it.
Counsel for the Prisoner. Then, my lord, we will ask Mr. Gunston.
Q. to Gunston. Have you declared at any time, that you would hang her if it was in your power?
Gunston. To the best of my knowledge I never said such a thing: I might have said she deserved the full of the law, as being an old offender and well known in the trade.
Q. What did you say about hanging her, cost what it would?
Gunston. I do not know.
Q. Did you say, that if she got off one indictment you would hang her upon the other?
Q. Not to that effect?
Gunston. No. I have said, that as being an old offender in the trade, I was afraid if lenity was shewn to her, and that if the affair was only laid for transportation, she would get at large; I said, if it is laid capital, she may get off for transportation; that she may get out of the kingdom. For I cast one in this court once,
For the Prisoner.
Sarah Burchall . I have known her 13 or 14 years; I never heard any harm of her before; she is a milliner; she lived in a house of mine as I told you before, and paid her rent very well; I never knew her guilty of any thing; I always looked upon her as a very honest woman; I thought her the most industrious creature I ever knew, I would deal with her again if she was discharged.
Court. Then you are more confirmed in your good opinion of her this afternoon than you was in the morning.
Burchall. It was my intention of saying it then.
Q. What now you have heard her convicted upon a former indictment?
Burchall. No; it was my intention to say it then.
Charles Barnard . I am a laceman in Buckinghamshire; I come to town very frequently; I have dealt with her seven or eight years; I have left lace at her house from 50 to 200 l. value, and never missed any of it; I have sent lace up to her chamber when she has been ill, and I never missed any of it.
- Bowlen. I am a laceman; I have dealt with her for hundreds of pounds; I have left cards of lace with her, and always received them as I left them.
John Warten . I am a laceman, in Butcher-row, Temple bar: I have known her eight years; her general character has been a very honest one for any thing I know. In the year 1767 I missed a card of lace, and she sent it home to me before I got home.
Michael Patterson . I am in a ribbon wate-house, in partnership with Messrs. Sherwood and Reynolds; she has dealt with us some time, not lately; I never heard any thing but a very honest character of her.
Q. Did you hear any thing against her character?
Whitbridge. I should have given her credit for any thing she wanted.
Guilty of stealing the gauze, but not privately in the shop . T .
Richard West . I am an oil-man in King's-street, Soho : I am in partnership with John Jackson ; the week before last I had a parcel of hams came in; when they come in we lay them by the gross scales: last Monday evening I counted the hams and missed five; I suspected some of my out-door servants; I taxed the porter with it; he said he had not taken any; the next day I lost another; then I took away all the hams but seven, five large and two small ones; I put the small ones on the top, thinking I might thereby detect the thief. On Friday the 16th I went to drink tea, and left my man in the shop, the prisoner came in for a pint of salt; she flung down her money, and said she would call again for the salt; I came into the shop, and said to my man, Thomas, there is one of the hams gone since I went in to tea; he said there had been nobody in the shop but the woman for the salt, that was to call again; I desired him to stay in the shop and I would go into the counting-house and put an apron over the window and watch her motions; she came and asked if it was ready; my servant said no; and while he was putting the salt up with his back towards her, I saw her pop down and take one of the hams up; she had several other little things; then she went out and I followed and stopped her, and said you have something belonging to me; she said I have not: I put by her cloak and took the ham from her.
The prisoner said nothing in her defence.
Guilty . T .
THOMAS WHITEFOOT was indicted for that he on the king's highway, on Anna Maria Clark , spinster , did make an assault, with intent the money and effects of the said Anna Maria Clark , to steal, against the statute , April 30 . *
Miss Anna Maria Clark. I was stopped in a carriage, on Tuesday se'ennight, about twelve o'clock at night; I believe it was in Wigmor-street, Cavendish-square ; the blinds of the coach were up; I heard a voice say. your money or I will kill you, but do not know how the coach was stopped; I never saw the person.
Q. Did he rob you?
Clark. No; he was prevented by my servant asking what was the matter; the coach door was open.
Q. Who opened the door?
Clark. The man that stopped the coach; he then spoke to my servant; I do not know what he said to him; he was taken about ten minutes after; my servant charged the watch with him.
Q. Was he on foot?
William Wade . I am servant to Miss Clark; I was along with the coach when it was stopped in Wimpole-street; it was exactly twelve at night; I saw the Prisoner open the coach door, I am sure he is the man; I heard him demand the money of the lady; I did not hear him bid the coachman stop; the first I saw of him was his opening of the door; when he demanded the money I said hollow, hollow, what is the matter! he cocked a pistol at me and said I'll shoot you, I'll shoot you; I saw the pistol; I said, will you! and directly he endeavoured to shoot, but his pistol missed fire: then he run away; I got down and pursued him, and cried stop thief; he run down Wimpole-street, and turned into Wallbeck-street; the watchman stopped him, and asked if I was sure it was him, I said yes; he was standing by the side of a dunghill, in a stable yard; the pistol was found within a few yards of where he was taken; I saw him turn into Wallbeck-street, and am sure he is the man.
Isaac Nichols . I am a watchman; I watch in Bentick-street, which is about 200 yards from Wallbeck-street; I heard a cry of murder, and stop thief, as I was calling the hour of twelve o'clock; I went up immediately; this chairman, Weaver, had hold of him when I got up.
Sampson Hodghis. I am a watchman; I was in the public house; I heard the alarm of murder, and stop thief; Weaver and I, and several went out; we saw two men, one was in the road, seemingly in a pause whether he should turn on the left or right; I followed them to from the highway; he turned to the road that led into the Meuse; there were two men ing into the Meuse, the Prisoner and another with him; I found I got ground of them; when I found I was before them the prisoner dropt back directly, and I observed something upon the ground, which I imagined to be a pistol; the prisoner gave a short turn back, and my partner laid hold of him and I said which is him; the prisoner said that is him; I laid hold of the other man; he said he was running after him; we let him go; there were some other people came up; there was no watchman; the servant came up, and said that was the man; we took him into Wigmore-street, to the ladies in the coach; the servant said that was the man: this is the pistol I found (producing a small pocket pistol.)
Thomas Weaver . I was in the public house with the last witness; we went out together; he went out from Wigmore-street into Wallbeck-street, and he was taken at the top of Little Wallbeck-street, close by a dunghill.
I am perfectly innocent of it; I have not had time to send for my witnesses; I am a silk dyer, I worked with one Mr. Cracknall, a silk dyer, in East Smithfield; I lodged in St. Martin's-le-grand, Newgate-street.
For the Prisoner.
William Briggs . I am a silk dyer: I have known him five or six years; I never knew him guilty of any thing indecent or ungenteel, or guilty of any thing that was bad; I worked with him some time; he always bore the best of characters.
Q. Was he out of business at that time?
Briggs. Yes; I met him several times, he told me he had very little work.
Guilty , T .
Both acquitted .
359. (M.) WILLIAM EVANS and THOMAS IVERS were a second time indicted for breaking and entering the dwelling house of Thomas Owen , on the 2 d of March , about the hour of two in the night, and stealing two silver tea pot spouts, value 10 s. two silver tea pot chains, value 2 s. two silver salt shovels, value 4 s. three silver tea spoons, value 6 s. one pair of silver tea tongs, value 6 s. fourteen linen shirts, value 4 l. fourteen muslin neckcloths, value 30 s. two silk handkerchiefs, value 4 s one silk and cotton handkerchiefs, value 1 s. eight linen handkerchiefs, value 8 s. five check linen aprons, value 5 s. one pair of worsted stockings, value 2 s. fifteen pair of thread stockings, value 15 s. and one cloth cloak, value 1 s. the property of the said Thomas, in his dwelling house ; and ELIZABETH, the wife of Thomas HALL , for receiving a silk and cotton handkerchief, one silk handkerchief, and three linen handkerchiefs, parcel of the above goods, well knowing them to have been stolen . *
There was the same defect of evidence on this trial as the last.
All acquitted .
360, 361. (M). RICHARD DOWLING and JOHN COLEMAN were indicted for ripping, catting, and stealing 300 lb. of lead, value 43 s. the property of Nathaniel Templeman , gent. and being affixed to his dwelling house .
A second count charged it to be the property of the Hon. Society of Lincoln's Inn, and affixed to their house, Feb. 17. *
Thomas Clark . I am bricklayer to the society of Lincoln's Inn: I was sent for to measure the place where the lead was taken from, and was directed to go to justice Welch, to measure some lead that had been stopped at a broker's; I did, and found it tallied in length and breadth with the place from whence the lead was stolen.
John Brown. This lead (producing it) was brought from justice Welch's, yesterday, to the grand jury, and left at Mr. Clark's till this morning. I stopped Edges with this lead on his shoulder, in Hog-lane, and brought him to justice Welch's; I thought from the quantity it was stole; Edges told me Coleman and Dowling were concerned in stealing of it, and directed me to his house in Mutton-lane; I went there and found him in a two pair of stairs room; he jumped out of the window, and I took him in the yard. Dowling confessed before justice Welch that they were all three concerned in the robbery; I found this ladder (producing it, about five feet high) on the staircase, where the lead was stole from, with about 14 lb. of lead; Dowling said it was his ladder; it has the initials of his name upon it.
Catherine Bates . I live at No. 13, Lincoln's Inn : the lead was stole on the 17th of Feb . I saw the ladder on the stair-case; and I saw Dowling, Coleman, and Edges on the staircase the 17th in the afternoon: I did not hear of the lead being stole till the next day.
Ann Brinley . I am employed at No. 13, in Lincoln's-inn. On the 17th of February the lead was taken from the top of the house. In the afternoon about three o'clock, I saw three men on the stair case; the two prisoners are two of the men; they brought a ladder, a board of mortar, and a hammer (producing it); I found it the next morning at the trap door going on to the leads; it is a cutting instrument as well as a hammer.
Q. from Coleman. What clothes had I on?
Bates. I did not take notice of their clothes: I think Dowling had a red waistcoat; Dowling came and asked me for a shovel; I gave him a holey one; he came a little after and asked me for a birch broom; he said they were come to mend the top of the house.
Q. Who said that?
Q. from Dowling. What became of the shovel?
B ates. That boy brought it again to me.
Q. from Coleman. Did you see us take any thing away?
Bates. I did not.
I am as innocent of it as the child unborn.
I am as innocent of it as the child unborn. I was going to get a pint of beer, the man laid hold of me and said I was a thief, and used me very ill, and sent for a constable; going to St. Giles's they asked if I had any money in my pocket; if I would drop a trifle they would let me go.
Both guilty . T .
362, 363. (2 d. M.) JAMES WEBB and WILLIAM KINGDON were indicted, for that they on the king's highway, on Peter Munie , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person two guineas, one half guinea, and 8 s. 6 d. in money numbered, and a brown cloth great coat, value 4 s. the property of the said Peter , Feb, 20th . *
Peter Munie . On the 20th of February, between twelve and one at night, I was attacked by two men in Bow-street, Covent-garden ; they followed me and made a blow at me with a stick; my hat fell off; they did not hurt me: then they closed upon me and demanded my money; I put my hand in my pocket and gave them some; I don't know how much; I did not look at it; one took hold of my arms and the other put his hand in my pocket and took the rest of my money; it was the prisoner Webb took me by the arm, I do not remember the other; they took two guineas and a half in gold, and 8 s. 6 d. in silver.
Q. Was there any light?
Munie. Yes, from the sky, and from the the lamp, I could see very plain.
Q. Are you sure Webb is the man, that held you by the arm?
Munie. Yes, he held me while the other took the money out of my pocket; after they had took my money, they desired me to uncase, and they took off my great coat and walked off.
Q. Did they produce any pistol?
Munie. I did not see any; I read about the 5th of March, an advertisement that the two persons were in custody, that had taken a great coat from a person; I went to justice Welch's on the 6th, and found the coat there. I knew it to be my coat. (The coat produced and deposed to by the prosecutor.)
Richard Jones . I am the watch-house keeper at Mary-le-bone: I took this great coat off Webb's back on Sunday; I cannot tell the day of the month; I advertized it. When I unlocked the door, I asked him who the coat belonged too; I told him the man up stairs said they had robbed a man of it in Covent-garden; I took the coat to the justice's; Webb said he was to give them so much money, and keep the coat himself.
Edward Cotterell . I was constable that night. Upon the 26th of March Waters robbed a woman in Wimpole-street; he impeached these two prisoners; Waters said Kingdon was not in this robbery; that he turned back before they robbed this gentleman.
I am quite innocent of this affair. I had been into the city, coming by Covent-garden there was a fray, the mob ran, and I picked up the coat in the street.
I have no witnesses.
Henry Charter . I am a stable keeper in Wardour-street, Soho, I have known Webb five or six years: he drove a post chaise for me; he behaved very honest as far as I know: he left me about a twelve month ago; he has lived in the neighbourhood ever since.
Ezektel Waistcoat. I live in Wardour-street: I was a goldsmith, now I deal in coals; I have known Webb five years; he lodged with me three months; I never heard any bad character of him before.
WEBB guilty Death .
KINGDON, acquitted .
365, 366, 367, 368, 369 (2 d. M.) JOHN DUFFEY , RICHARD BOLTON , and PATRICK TRAINER , ALICE DUFFEY , and MARY SHIELDS , were indicted, the two first for breaking and entering the dwelling house of Sarah Henly , spinster , Ann Henly , spinster , and Hannah Henly , spinster , on the 2 d of April , about the hour of two in the night, and stealing five silver waiters, value 6 l. one silver butter boat, value 20 s. three silver castors, value 30 s. one silver pepper box, value 5 s. six silver table spoons, value 40 s. one silver tea spoon, value 1 s. one silver spoon gilt, value 5 s. one silver candlestick, value 5 s. two tin tea cannisters, value 1 s. and one looking glass in a mahogany frame, value 5 s. the property of the said Sarah, Ann, and Hannah; one gold watch, value 15 l. one shagreen watch case, value 5 s. one gold watch chain, value 6 l. one cornelian seal set in gold, value 40 s. one dimity petticoat, value 5 s. two linen shifts, value 6 s. one lawn apron, value 2 s. one metal watch chain, value 1 s. one linen case for needles and thread, value 6 d. and ten pieces of muslin, value 10 s. the property of the said Sarah Henly, two yards of muslin, value 6 s. two linen bed gowns, value 6 s. one callico bed grown, value one silk hat, value 2 s. and two linen shifts, value 6 s. the property of the said Ann Henly ; one linen work bag, value 1 s. three yards of Bruffels lace, value, 10 s. one black sattin cardinal trimmed with squirrel skin, value 10 s. and one silk cloak sringed, value 6 s. the property of the said Hannah Henley , one black sattin cloak laced, value 8 s. one chip hat covered with silk, value 3 s. one linen apron, value 2 s. and one mahogany tea chest with two tin cannisters, value 3 s. the propery of Mary Thompson , spinster, in the dwelling house of the said Sarah, Ann and Hannah Henly ; Patrick Trainer for receiving three silver waiters, one silver butter boat, three silver castors, three silver table spoons, one gold watch, and one cornelian seal, set in gold; part of the above goods well knowing them to have been stolen; Alice Duffey for receiving one dimity petticoat, one linen bed gown, and one callico bed gown, and other parcel of the above goods, well know-them to have been stolen; and Mary Shields for receiving one black silk cardinal trimmed with squirrel skin, and other part of the above goods, well knowing them to have been stolen . ++
Jane Colls . I live with the Miss Henley's: they live in James-street, Bedford-row , they are three maiden sisters: they inhabit a house jointly. On the 3d of April, about six o'clock in the morning, I was called up by Mr. Young, a neighbour, he had observed the house was broke open; I went into the parlour, and found all the drawers open; I found the kitchen window was broke open; the bolt was broke, and the sash was lifted up, I looked at the door, that was not broke, but open: I suppose the person got in at the kitchen window and opened the door over night; in general I am sure every thing was safe. It is not my business, but Mary Thompson 's, to look at the things; but with respect to the watch, I am positive the watch of my mistress was in in the back parlour just before I went to bed over night; the watch was put into a little box where I saw it over night.
Mary Thompson . I am a servant in the family: the door was as I think broke open about six o'clock in the morning; the tea chest and some other things were my property which were in the kitchen; and the hat and cloak were there over night: I saw them there between three and five in the afternoon; they were found missing in the morning; the sash of the kitchen window was broke open, and the staple and bolt were pulled out of the shutter, and the sash was thrown up.
John Young . I am a labourer: passing by the door, at six in the morning, I saw it open; I went to the parlour and found both parlour doors open; and the closet door open, where the plate was kept: I found the kitchen window sash open and thrown up, and the staple broke away: I found a chissel there and a tinder box.
James Tindall . Trainer offered to fell me some silver; Duffey was in his company, and he confessed he had a concern in it; I gave information; in consequence of which Duffey and Trainer were taken up, and the plate found.John Fielding , Duffey said the plate belonged to him, and Trainer was not concerned in the robbery.
John Heley . I searched their lodgings and found these things, producing two connisters, a black sattin hat, and a cap with some lace upon it; I found them in Bolton's room. (They were deposed to by the Miss Henley's)
John Taylor . This black cloak (producing it) was pledged with me in the name of Mary Cole ; when I came to Sir John Fielding 's, she said her name was Mary Shields ; it was a black cloak trimmed with squirrel skin. (They were also deposed to by the prosecutrixes).
Duffey and I got up one morning about a quarter before five o'clock as I always did; as we were going to work, going out of Purpool lane, we saw two parcels lay, we kicked something white, which contained the plate, we took it up and carried it to our lodgings. We thought we had a good; I did not know what to do with it; I thought somebody would swear we had stole it, tho' every body knows we follow an honest way to get our bread.
What Bolton has said is very true. I asked Trainer if he could tell me where I could fell it; he said do you know one Perrot.
As I was walking with William Linch , we went into the house of Mr. Lumley in Golden-lane, the Rose and Crown, a house for tossing up. This Perrot was talking to Linch, and he said if I wanted to part with such things, he could help me to a fence; he said that was a man that bought stolen things for I asked what that word meant. Meeting with this Tindall, I told him of it; I came to Perrott, he shewed me a man who offered ten guineas; I told them of it, they refused to take that money; he then offered to shew them another house.
Q. Has he the character of an honest man?
Woollidge. I never heard any body say otherwise of him in my life.
Ann Mills . I have known Bolton and Duffey two years: they lived directly fronting my house; they were very hard working people; he worked very regularly at a coal merchants, Mr. Quimay in our lane. I have seen them go to bed by nine o'clock every night in my life; I have left Alice Duffey in my house, while my husband was in the hospital, and left my drawers and things open, and never missed any thing in my life.
BOLTON, guilty . Death .
TRAINER, guilty . T. 14 .
SHIELDS, guilty . T. 14 .
370, 371, 372. (2d M.) WILLIAM COLLINS , THOMAS OATS , and THOMAS SPOONER were indicted for breaking and entering the dwelling house of William Baker , on the 12th of April , about the hour of three in the night, and stealing one pint silver mug, value 5 l. three silver table spoons, value 20 s. one silver salt-seller, value 10 s. one silver pepper box, value 10 s. one silver cream pot, value 10 s. three silver tea spoons, value 3 s. one silver bodkin, value 1 s. one pair of silver shoe buckles, value 10 s. one blue cloth coat, value 20 s. one blue cloth waistcoat, value 10 s. one Bath beaver great coat, value 20 s. one silk handkerchief, value 1 s. one mahogany tea chest, value 5 s. one
Mrs. Baker. I am the wife of William Baker : we have a house in the road to Ranelagh . On the 12th of April, between two and three in the morning, the house was broke open; it was all fast when we went to bed; the shutters bolted, the sashes put down, and padlocks at the bottom of the sashes; there was nobody in the house but Mr. Baker and myself; I lye in the back parlour and he up stairs; I was the last up. I heard the breaking of the parlour door; I thought it was a noise from the wind which was very high; my parlour door was open; I saw a light and three men; the little one of the prisoners (Oates) immediately put his hand upon my mouth, blast you, says he, if you stir or speak, I'll blow your brains out, I have a loaded pistol here; then he took the pillow from under my head, and clapped it on my mouth to squeeze me down; I said for Christ's sake do not murder me! take what you find; he made no answer, but called to the other men to put out the light; I always burn a rush light, and by mistake I suppose they put their own out; they put out both lights; then they went into the sore parlour and fetched their tinder box, flint and steel and turn screws, which they brought with them, and came and struck a light on the other side of the bed where the escrutore was. All this time Oates was kneeling on my bedside; then the other two broke open the bureau and took what money they found there; there was as nigh as I can remember 12 l. of gold and silver; I saw the money the day before; I looked it over on Saturday night before Mr. Baker paid his men. Then they took the plate out of the closet in the back parlour; there were the pieces mentioned in the indictment (repeating them); Collins asked if I had any thing to drink; I said I believed there was some rum in some of the bottles; but there did not happen to be any, so they took a bottle of gin.
Q. Could you see Collins then to know him?
Baker. No; I knew him by his voice: just before he asked me if there was any thing to drink, as Oates was kneeling upon the bed, Collins said to him, Strangle the bitch, blast her; then Oates asked me if I was alone in the house; I said yes; he said are you sure; I said yes; for I was afraid if they found Mr. Baker they would kill him; then the other two left Oats centinel over me whilst they went down stairs into a parlour on the ground floor; they broke open an escrutore there, and took out a tray, a silver cream pot, a green purse with about three guineas and a half or four guineas in it, and in a box about twelve or fourteen shillings in silver. (Repeats the rest of the things mentioned in the indictment). Oats still kept guard over me, and asked where the candles were; I told him in a box under the stairs; then he asked where the key of the outer door was; I told him behind the door, hung upon a hook that the chain was put on; then he called one of them to bring his shoes and put them on as he was kneeling on my bed; then he said if I stirred or made an noise for near half an hour, there were several more of them, and they would come back and blow my brains out; then he said you have got a key to your room door, I will lock you in; then I asked how I should get out in the morning; he said, O blast you, somebody will let you out in the morning; they unbolted the door and all went out at the outer door; they found great difficulty in breaking the house open. I believe they might stay in the house about three-quarters of an hour.
Q. Did you observe Oates's face?
Baker. Yes; I never took my eyes off, and shall never forget it; I have never slept since. I observed he was pitted with the small pox.
Q. Are you clear as to his person?
Baker. Yes. We were informed the same morning that they were taken in Duke's Place, offering to sell the plate; I went to Sir John Fielding 's; I knew Collins by his voice the moment he spoke; I told Sir John I should know two of them, one that knelt upon the bed, and another by his voice; when he was examined, Sir John put several questions to him that I might hear his voice, and I immediately knew Collins's voice; it is a remarkable voice.
Q. You are very well satisfied as to that man to his voice? +
+ Collins has a remarkably deep voice.
Q. Have you any thing to say to the other prisoner?
Baker. The other I never heard speak; he lighted the candle and was in the room.
Q. In this confusion and terror you must certainly be in, could you make observations upon the dress of the men?
Baker. They had all great coats on; the great coat that Oats had on when he knelt upon me,
Q. from Collings. Whether you know any of my features?
Baker. No, only his voice; I did not see his person.
Q. from Oats. In what manner did you distinguish my features?
Baker. I looked at you steadfastly the whole time you leaned upon me; he held what he called a pistol to my face, and said, blast your eyes, you bitch, don't stir, don't stir; and pushed it into the corner of my eye; the moment I heard them gone from the door, I put too the private brass bolt of the door, and then knocked up the people in the house; I then went down and found the street door open: they got in at the fore parlour window adjoining to the steps; they broke first a pane of glass at the top; then the window shutters, the bottom of the sash was padlocked within side; they broke the glass, then the padlock.
Q. You lay in an upper room, and knew nothing of this business till it was over?
Baker. No, not till my wife called me down stairs, about four o'clock; I found the window broke; the lock broke, and two bureaus broke open, and there were taken away the things mentioned in the indictment; I found a tinder box, flint and steal, and a turn-screw they brought with them; I found the tinder box and turn screw on the table in the parlour; I imagine they wrenched the locks of the bureaus open with it; I never saw the men till the Thursday after the robbery; when I saw them at Sir John Fielding 's.
Barnard Barnard . On Easter Monday morning; I saw the three prisoners at the bar as I was going out about my business; they called to me as I was going by the corner of Devon shire-street, by Bishopsgate-street, and asked me if I would buy some plate; it was about eight o'clock in the morning.
Q. Which asked you?
Barnard. All three; I said, yes, I will buy it of you; Collins asked me where I lived; he said they could not shew it me in the street; I told them I lived just by, and asked them to go with me to my house; they went with me to my house; Spooner took a silver pint mug out of his pocket, and three large silver table spoons; Collins took out of his pocket a silver pepper box, and three small silver tea spoons; Oates took out of his pocket, a silver sugar thing.
Prosecutrix. They are tops of castors.
Barnard. And this ring (producing it). I asked them the price; they asked me 4 s. 6 d. an ounce for the plate; I said have you nothing else; they said no; Oates had not pulled out the ring at that time; he pulled it out; then I said what will you have for the ring? he said 8 s. I said I would give him 6 s. Spooner said, d - n your eyes, what do you offer 6 s. for the ring, it is worth a guinea; I put the ring on my finger and said I would go for a pair of scales and weigh the plate; I went immediately to Sir John Fielding 's and gave information; three or four of his men went with me; when they came to my house the prisoners were gone, and had taken the plate with them; they were taken about a quarter after ten in Barker's buildings, near Old Bethlem; we took them directly before Sir John Fielding ; they had not got the plate, but they had about: 18 l. amongst them.
Q. from Collins. Did you ever see me before that time?
Court. Have you seen either of the other men before?
Spooner. This man has often been at my lodging treating me with purl, and asking me to bring plate to him.
Barnard. It is false I never saw him before.
Prosecutrix. I have had this ring about a twelvemonth.Brown Bear ; the office was not open; there were Mr. Clark, and Mr. Hallyburton, and some others; they sent for me; when I came there, he said there were three men at his house with some plate; I told him I was afraid they would be gone before we got there; I ordered a coach to be brought to the door; we drove to the Jew's; they were just gone; I went to the Magpye and sent the Jew to enquire after them; in about an hour and a half the Jew's boy said they were across the way; we took them directly opposite the Magpye going into Old Bethlam; they were all three together going towards Moorfields; we secured Spooner and Oates first, and then Collins was taken.
Q. How far was he then before?
Bond. About fourteen yards. Collins desired they might have a coach; I put them in a coach, and took them to Sir John's; I put them in a back parlour at the Brown Bear , opposite Sir John Fielding 's; I searched Collins myself; I found two guineas, four half guineas, and four shillings; Mr. Clark and Mr. Senhouse searched the others; then they were taken before Sir John.
Q. Were they searched before Sir John?
Q. How much money was found upon all of them?
Bond. I think the whole was about 16 l. 19 s.
Bond. Yes. I took Collins down to Clerkenwell Bridewell; my brother, who is clerk to Sir John Fielding , heard there was a brown surtout a waistcoat, and a silk handkerchief in the account. The robbery was not heard of at the office till about three hours after they had been there: my brother desired I would go down to New Prison to take the handkerchief from Spooner, and the brown surtout coat he had on. I went down to New Prison, I found the handkerchief about his neck, and the great coat over his jacket. The prosecutrix owned the handkerchief, but knew nothing of the coat.
Prosecutrix. I run it with scarlet silk instead of hemming, which is not common; I know it to be my handkerchief.
Q. from Oats. The gentlewoman says she lost a purse; did you find a purse upon us?
Bond. I only searched Collins; I did not find a purse upon him.
Q. Where was the other?
Clarke. About twenty yards before; I searched Oates at the Brown Bear ; I found upon him two guineas, four half guineas, a 13 s. 6 d. and 17 s. 6 d. in silver; here is a crooked guinea of king George's that the lady spoke to.
Prosecutrix. I have had this guinea four years in that green purse.
Q. Were they all three together?
Senhouse. Collins was before the others; I ran after Collins; he was foremost; I searched Spooner and found four guineas, three half guineas, and a bad shilling on him, and this silver bodkin (producing it); I searched him in the street near where I took him.
Prosecutrix. This bodkin is my property.
Q. to the prosecutrix. How do you know the bodkin?
Prosecutrix. There are two eyes in it, a long one and a round one, and at the end it is a little crooked; I have had it I dare say twenty years; it lay upon the shelf where they took the silver pint mug and the plate from.
The gentlewoman has swore to me. Your lordship was so good as to say I should have the money to support me.
Court. The Court only said you should have the money if it appeared to be yours.
Prosecutrix. Here is a Queen Ann's guinea produced by Senhouse that I can swear too.
I had eight guineas sent me down to Rouston; that is some of the money sent to maintain me; it was sent down to my sister; I have been there 16 months. I have my father and some more people to my character at the door.
It is not long since I have been from Guinea; that money was paid to me for my wages.
Q. How old is he?
Wilfield. I believe about 23 years; he was beloved by every body that knew him; I never knew any thing dishonest by him in my life; he always bore a good character.
Samuel Ryder . I have known him not a fortnight. I have nothing to say any more than I called upon him, and gave him money, and he wanted to go on board a ship on Tuesday. I called upon him on the Sunday night this robbery was done, by his father and mother's order, and gave him some money. His father kept him at Rouston; I heard him say above a twelve month, and had sent down 50 l. to him.
Q. At where?
Holland. The New Way, Westminster.
Q. Had you been acquainted with him some time?
Holland. Not long; only about a fortnight before.
Q. At what house?
Holland. At one Mrs. Miller's.
Q. Is it a public house?
Holland. No, a private house.
Q. Are you a servant or lodger there?
Holland. A lodger there.
Q. Where did you meet with him that night?
Holland. At the public house, the Nag's Head in the Ambury, about nine o'clock; we sat drinking till the house was shut up; then we came home and went to bed.
Q. How far is that from your lodging?
Holland. Not above a couple of minutes walk.
Q. Did you see Mrs. Miller when you came?
Holland. No; she was a bed.
Q. Are you sure this was the night?
Holland. Yes; it was Easter Sunday night; he was taken up on Monday.
Q. Do you know when he was taken?
Holland. I heard in the afternoon, some gentleman came down to Mrs. Miller's to search her house; when I came down home she told me.
All three guilty . Death .
(L.) He was a second time indicted for stealing one printed book bound in leather, entitled, Advice to a Friend, value 1 s. one other printed book, entitled, The Oeconomy of Human Life, value 1 s. one other printed book, entitled, The New Art of Letter-writing, in two parts, value 1 s. and one other printed book, entitled, A Comparative View of the State and Faculties of Man, &c. value 1 s. the property of Robert Scruton , Feb. 24th . ++
Robert Scruton . Mr. Blake came to my house the 24th of February last, and told me Kipling, who had been our porter, had robbed him, and that on searching his box he had found some books, and asked him how he came by them; he said his master in Yorkshire gave them to him; I told him I had missed two books, one Advice to a Friend, the other The Oeconomy of Human Life; he said they were two of the books in the box; I went with him; the constable was there; we opened the box and found the four books; they are all mine; I took them out of the box.
William Vose . I am a constable: the prosecutor came to Mr. Blake's; I happened to be there; he said he had missed some books, and described two or three of them to me; the prisoner was then at the Compter; I went to him for the key of the box and found these four books in it; they have been in my custody ever since.
Scruton. One of them has my name upon it.
Mr. Blake. In searching this man's box I discovered the book, one of which was, The Comparative View: I charged him with taking them from somebody; he said his master in the country gave them to him; I locked the box and gave the key to the prisoner; I went to Mr. Scruton's, and told him of it, and he came and owned the books.
The books I know nothing at all about.
For the Prisoner.
Guilty . T .
Richard Oakes . The prisoner was my porter : when he had been with me about six weeks, he came while I was at dinner, and desired to go to see his uncle; I said he might go it he would be back in half an hour; as he was going out I saw a large wallet in his pocket; I laid hold of his pocket, and said here is several pounds weight, do you carry this about with you? he said yes; I bid him go into the compting house; then I asked him if he was really going to see his uncle, and if what he had in his pocket was his own property; he said yes; I sent for a constable, and found in his pocket 6 1/2 lb. of inch and half brads; they were such as were not to be bought in London; the inch and half brads in town are a little deficient, but these are a full inch and a half; he had a great number of such nails in a bag; I asked him what he was going to do with the nails; he said he was distressed and was going to dispose of them at the first place he could, and that he had taken them at several different times from the back shop, and put them in a box in the cellar till there was a quantity worth his taking away.
Henry Sacheverel Robinson. I am servant to Mr. Oakes. On the 11th of March, when I returned from dinner, my master sent me for a constable to take the prisoner; when I returned we searched the prisoner and found eight moderate handfulls of inch and half brads in his right hand coat pocket, and three handfulls in his other pocket; when I put them on the desk the prisoner said they were my master's property.
For the Prisoner.
Q. What do you mean by the beginning of March, was it a week in March?
Q. How many nails did you sell him?
Lee. As many to the best of my knowledge as came to a 5 s. 3 d. and 5 s. in silver.
Q. Where do you live?
Lee. In Whitecross-street, Bunhill-row. I have been an ironmonger almost 30 years.
Q. What sort of nails were they?
Lee. I have some in my pocket out of the same bag they were out of; these are the three sorts he had of me (producing three sorts of nails); the other nails produced never a man in England can distinguish them to swear to his own work.
Court. Yours seem to be thicker than the other.
Lee. A whole bag of them nails are not made by one man, and so they will vary.
Court. Look at the nails, and see how they run in general; they appear to be considerably less to me than your's, how do you sell them, by the pound?
Lee. They are not sold by the pound, they are sold by the thousand.
Q. What are they a thousand?
Lee. They are dearer than when I was in the country: I came from Sturbridge: they are now sold at about 1 s. 9 d.
Q. How many thousand did you sell to the prisoner?
Lee. About 4000; I received 5 s. 3 d. and 5 s. of him; we call them three-penny brads.
Q. Three-pence a thousand?
Lee. No, we give them that title.
Q. Are your brads town made?
Lee. No; they came out of the country; some I get from Sturbridge, and some from other places.
Lee. I believe I have none of the inch and half brads at home now.
Q. You have rot 5000 at home row if any body wanted them?
Lee. No, and please your lordship; but I could help your lordship to 10000 if your lordship wanted them.
Q. What was the prisoner's business?
Lee. He said he was a trunk-maker when I sold him my goods; he said the nails were for his own use in the making of trunks.
Q. How long have you lived with Mr. Lee?
Catenow. Two years the 1st of next August.
Q. What business does Lee follow?
Catenow. He is a nail maker.
Q. Does he get nails from the country?
Catenow. Yes. I saw the prisoner give 5 s. in silver, and 5 s. 3 d. for the nails; he bought nails several times last summer; he said they were for his own business.
Q. After he was at Mr. Oakes's he did not work for you?
Butt. No, not at Mr. Oakes's; he did at home at nights; I have known him upwards of two years; he always delivered me good goods for my money; I never knew but he was a very honest fellow.
George Andrews . I have known the prisoner about six years; he worked for me three or four months: I trusted him to carry out parcels and receive the money, and found he did it honestly and punctually.
Q. Have you a good opinion of him?
Guilty 10 d.
Michael Molloy . I keep a chandler's shop at Shadwell . On the 3d of April I went out; on my return, at a quarter after twelve at noon, I found the street door open; I locked the door and went into the back room; when I had been in about three minutes, I was going out in a hurry, I met this man coming out of the shop; he had unlocked the door; he was going into the street; he had got in in my absence; do you sell knives? says he; no, my friend, says I, I sell no knives, what brought you into the shop? he said he saw no one in the sho p; I looked at him and saw his hand down by his side; he was shifting it; I laid hold of his hand and found the five spoons in it.
Q. Are they here?
Molloy. I do not know; I left them at Justice Sherwood's; they are Irish made spoons.
Court. They may as well be in Ireland as in the hands of the Justice.
Molloy. I know they were my spoons; he put the spoons in his mouth cross-ways, and laid hold of me, and gave me a blow in my mouth; then he took the spoons out of his mouth again, and I took them out of his hand.
Q. Was there any mark upon them?
Molloy. Yes; there was the Irish mark and my name on the back of every one.
I was very much in liquor; I know nothing of the thing.
Guilty . T .
378. (2d M) ELIZABETH MADDOCKS was indicted for stealing one linen gown, value 12 s. the property of Thomas Biggs ; one linen sheet, value 4 s. and one linen shirt, value 4 s. the property of Ann Mountain , April 20th . +
Elizabeth Biggs . I am the wife of Thomas Biggs . I carried a red and white linen gown to Mrs. Mountain's to wash; I do not know the time; I believe it was about the 2 th of March; there was a fire next door to her; she took out a box of things and carried to a neighbour's where the prisoner was a servant; the things were lost out of her box.
Q. How long was this after the fire?
Collins. Five or six days; she said it was her own
Prosecutor. It is my gown; I know it by a hole in the skirt.
Elizabeth Biggs : there was a fire next door to me; I removed the things that were in a box, the prisoner was servant at the house to which I removed them; I missed the things the day after; a shirt, a sheet, and a gown. I found the sheet at a pawnbroker's in Long-acre, and the shirt in Broad-street, Covent-garden, but neither of the pawn-brokers are here.
Martha Tims . I had been a fellow servant with the prisoner; she brought these things to the house where I live, and said she was coming from her place; I was going to Covent-garden market and saw her go into this pawnbroker's: that is all I have to say.
Tims came to our house; I gave her the bundle, and she took it home with her; when I called for it in about an hour or two; she said an acquaintance had it; and she could not give it me.
Guilty . T .
George Witts . The 16th of March I was at Guildhall to make an end of a little quarrel I had with a woman; the prisoner came and stood by me; I found the button of my coat unlosed; I put my hand in my pocket and missed my handkerchief; I charged a constable with him, who stood by, and saw him put the handkerchief in his breeches.
- Thomas, the constable, confirmed the evidence of the former witness.
I saw the handkerchief lie on the floor, the gentleman was gone; I took it up and had it in my hand.
For the Prisoner.
Guilty . T .
Samuel Reed Adington . I am an apprentice to Mess. Jarvas Chambers and Stephen Langstone , haberdashers , at No. 61, in Cheapside ; the prisoner had been a customer several times. On the 24th of February, between four and five in the afternoon, the prisoner came into the shop and asked for Dutch lace; I shewed her some; she bought a piece and paid for it; immediately after she was gone, before I put them up, I missed a piece; I went after her and saw her turn down Bow-lane; I followed her and saw her endeavouring to sell some of it to a person in the street; she turned her head, saw me coming, and put it up and went on; she had it in her apron; I catched hold of her; she put up the piece into her apron again, and I saw her fumbling with her finger in the apron, during which time she took the string that was round the pieces, and then I saw her jirk it out of her apron upon the ground; I took it up; she went to my master's, and this piece of lace I am certain is the piece that was missing, and which was one that was shewn to her, and corresponds with the indictment; there being nine yards of it. When she was brought back to the shop she begged for mercy, and said she had never robbed them but three times in all her life; the number that was upon this piece of lace was six.
I have dealt with them from Michaelmas last, that piece was one that I had bought of them.
Guilty . T .
Robert Warner . I am a king's watchman upon the keys: on the 11th of March about a quarter before ten at night, I heard a ruffeling on board a lighter, I took a light and found the prisoner under the tarpanline; among the hogsheads; I took 2 lb. of tobacco from under his coat.
I was employed as a merchant's watchman to take the lighter from the ship: some tobacco was thrown into the lighter; the officer said they had better throw it away.
John White . I am a king's watchman; I was on board the lighter: I asked the prisoner where he got the tobacco from: he said out of the hogshead in the back part of the lighter. I asked him how he could do it; he said to get him a shilling to buy him something.
Guilty . T .
Christopher Roffe . I saw the prisoner come out of the warehouse, with a bag under his arm; (the bag produced). The rice is kept in these warehouses in barrels; a great deal was taken out of different barrels.
Somebody gave it to me.
Guilty 10 d. W .
383. (2d L.) SIMON FURRIER was indicted for stealing a pair of woollen blankets, value 14 s. a pair of linen sheets, value 5 s. two pillows, value 3 s. two linen pillow cases, value 1 s. a bolster, value 3 s. an iron frying pan, value 1 s. and a wooden pail, value 1 s. the property of Anna Maria Watson , widow , the said goods being in a certain lodging room let by contract to the said Simon.
See No. 129, & c. in Mr. Alderman Crosby's Mayoralty, when she was tried in company with her husband, for a burglary in the dwelling house of Mr. Greenfield, in Fleet-street, for which her husband, John Siday was executed.
385. (L.) JOHN WYATT was indicted for stealing a cotton gown, value 30 s. a silk petticoat, value 5 s. a silk handkerchief, value 2 s. two pair of brass shoe buckles, value 1 s. 4 d. the property of Elizabeth Laurence , spinster, and a pair of stays, value 20 s. two lawn aprons, value 20 s. two linen handkerchiefs, value 8 s. and a pair of linen sleeves, value 1 s. the property of Elizabeth Cook , March 22d . +
Elizabeth Laurence . I left a box with Elizabeth Payne , at the White-horse, Coleman-street , containing the things mentioned in the indictment. On the 25th of March she came and told me they were gone; I saw them all safe the Thursday before, and locked the box: two men were taken three weeks after the things were lost. The prisoner's wife came to us at Mrs. Payne's, and wanted to speak to us; Mr. and Mrs. Payne and I went; I took up some pieces of the gowns; and the men said the linen gown was sold, and a pair of stays to one person; and the rest were in pawn for a very thrifle, a guinea and a half: the prisoner clapped his hands and said, Lord! what must I do for a guinea and a half, to fetch these things out of pawn. I asked them to tell me where they were pawned; and I would fetch them out; they would not, but said I must follow the law; I have as far as I could; but I have not recovered one of the things. The prisoner's father wanted me to take a note of hand and charge what I would for the things; I told him I durst not.
Q. from the Prisoner. Was it me or the other man that said the things were sold or pawned?
Laurence. They both made answer together: they both said the linen gown and stays were sold, and the rest of the things pawned.
Elizabeth Cooke . I did live at Mr. Payne's: I left my box there: there was a new pair of stays, two lawn aprons, one clear lawn, and one muslin and a pair of shift sleeves. I had not been gone but a few days before Mrs. Payne came and told me the box was broke open and the things gone; I never found any of the things. I never saw the prisoner till I saw him at Sir John Fielding 's; they owned nothing at all to me.
Elizabeth Payne . Laurence and Cooke's boxes were left at my house; the boxes were broke open on the 22d of March; as far as I can recollect they were safe on the Friday: the prisoner and one Robert Wallace were lodgers of mine. On the 25th of March the day I found the boxes broke open, they went out and never returned till they were taken up; the day after they were taken the prosecutrix and I went to the Compter. Laurence took some pieces of her gowns with her that were left in the box; the prisoner and the other man took the pieces of gowns in their hands, and said, the one was sold and the other was pawned with the rest of the things for a guinea and a half; I asked them where they were pawned; they said they would not tell me; for if they did the pawnbroker would prosecute them; I asked who they had sold the gown and stays to; and they said they would not tell me; they said it was no business of mine. The prisoner took my hand, and squeezed it, and said he hoped I would not hurt him, and he would endeavour to get the things again.
Jonathan Digget . I assisted in the taking the prisoner and Wallace: I took the prisoner on the 24th of March, at his lodgings; he desired me not to make a noise; for the man of the house to hear of it; but bid me come up stairs and he would do what he could to make it up; he took hold of my hand and said do all you can for me; and ask Mr. Payne not to prosecute me; do not let me go to goal, for I can get the things out for a meer trifle, about a guinea and a half. Wallace lodged in the same apartment: I took him the same night, about eleven o'clock.
I know nothing at all of the affair; if the other young man said they were pawned, it was unknown to me; I never heard him; when they came to the Compter to me first they said the things lost, came to about seven guineas; I said I could not raise 7 s. but if they would let me go, I would give them a note for any money; rather than loose my character and be exposed.
Guilty . T .
William Empson . I keep an academy at Tooting in Surry; on the 25th of March my horse was missing; I saw him the day before; I came to London, and examined the toll book at Smithfield, and found a horse like mine was bought by one Charles Freelove . I went to Mr. Freelove's and found my horse in his possession.
Q. Are you sure it was your horse?
Empson. Yes; it is a black gelding, about fourteen hands high; Freelove delivered the horse to me; I went to Langhorn's Repository in Barbican to sell this horse, and Freelove came to me, and told me he had got the thief: I know nothing of the prisoner.
Charles Freelove . On the 26th of March, I bought a gelding of the prisoner at Smithfield-market, here is the copy of the toll book (producing it). I gave him, 3 l. 5 s. 6 d. for it; I am positive the prisoner is the person; I should know him from a hundred; I gave him a guinea carnest till I saw whether he would draw: he came again and was with me very near three hours; so that I took particular notice of the man; the horse was challenged by Mr. Empson; a fortnight and a day after I bought it some school boys came to me and asked if my name was Freelove, and if I had bought a black gelding, and described all the marks of it; I went the same afternoon down to Mr. Empson's, and he came up with me and owned the horse; and I delivered it to him.
I was going on the road between Streatham, and Stockwell, and met a man with this horse going to Smithfield, he asked 3 l. for it; I told him I would give him 2 l. he let me have it; and I came directly to Smithfield.
Guilty. Death .
Recommended by the Prosecutor.
Francis Gibbs . I saw the prisoner, just through Newgate, pick this gentleman's pocket; he crossed the way with another boy down Horseshoe Passage that goes into St. Martins-le-grand, I followed him, and took him; I found the handkerchief in his side pocket, this is it; (produced and deposed to by the prosecutor).
I did not take it out of his pocket; it dropt out, I took it up and was going to give it to the gentleman, and this man laid hold of me.
Guilty . T .
388, 389. (2d L.) THOMAS DENNISON , and THOMAS BURN were indicted for stealing one linen bag, value 2 d. one wooden box, value 3 s. 300 yards of silk lace, value 12 l. 32 yards of blond lace, value 20 s. and 100 yards of thread lace, value 7 l. the property of William Friday , in the dwelling house of Thomas Lewis April 12th . *
William Friday . I live at Bishop Stortfort, in Buckinghamshire. I came to London to bring some lace on Easter Monday; I came by the Aylesbury Coach to the Bull in Holborn; a man followed me, like a countryman, and said how do you do, you are a countryman as well as I am; said he I came from Thame, and brought some sheep to sell; he said he had a sister lived at a great gentleman's house, and wanted a piece of lace; and if I would go with him he would help me to a customer; that it was a great house, and they would buy a good deal perhaps.
Q. You was wiser I dare say than to go with him?
Friday. Yes; I went along with him; he went into a house, first some where in Oxford-road; he called for a pot of beer; then he went out with pretence to fetch his sister, and returned and said she would be there in half an hour; we sat down; he talked about ploughing and sowing, and in a little time came in two more men; they are the men at the bar.
Q. What did they say or do?
Friday. They said nothing to us for some time; at last one of them, and the other man began talking; he said he belonged to a ship and he would buy some lace of me but he must go to such a place.
Q. How did he know you had any lace to sell.
Friday. The man told him, and I had my box with me; but I must go with him to the Noah's Ark, for his wife was to meet him there. I went with him to the Noah's Ark in Oxford-road ; he said his wife was not come, that she was to be there in half an hour; we sat down, and he called for some gin and water; and the man that came to me first and the prisoner Dennison, began gambling; they made four marks upon the table, and put a halfpenny under the bowl they wanted me to gamble, but I would no gamble with them; they were to name heads or tails, three times out of four: I went out of doors to make water; he that came to me first, followed me out, and said he must go up to his sister's; so I went in again, and my box was gone; and the men were gone.
Q. Was there a back door to the house?
Friday. Here is my mark upon every piece; I have reckoned it up; there is about 35 s. worth wanting.
Q. from Burn. Whether you did not lay some money with the other man?
Q. Did not the other man give you money he won of Dennison?
Q. Did you loose any money?
Friday. One of them asked for some change; I pulled my silver out, and he stole some of it; but that was neither of the prisoners.
Q. How much did he take?
Friday. To the best of my belief 5 s.
Q. Why did not you get it again?
Friday. I was in a fright.
Q. You are sure you did not gamble?
Q. from Burn. Whether you did not lay your box against thirty guineas, or against any sum?
Friday. No, I did not.
Q. Whether you told any body when you came back, that you had been robbed?
Friday. When I went into the house a man stood with his hat off; he said what do you want; I said the gentlemen that were here; he said, O, they are gone; so I went away.
Q. Why did you not enquire after it?
Friday. The man was so snappish with me, and I thought it was of no use as they were gone.
Q. Was that the only reason you did not ask for your box?
John Duncastle . I am a constable of the Ward of Farringdon-within; I produced this box and parcel. On Easter Monday between two and three o'clock in the day, as I was going along Thames-street, I passed a gang of notorions thieves, which I knew to be such, having detected
Friday. Here is my mark upon it.
Duncastle. This parcel was sealed up when it was brought to me; they were carried to different goals that night, and before my Lord Mayor afterwards.
Burn. That piece dropped out, I did not throw it out; it dropped out of my great coat pocket; it belonged to this man at the bar; he played thirty guineas against it.
Duncastle. We insisted at the public house we would search them, therefore I suppose it was upon that account he threw it out.
John Penner . I went with Duncastle, Burn, and another man, in the coach to the Compter; I saw a parcel in his pocket; I saw him throw it out of the coach window with his left hand; I ran round and picked it up directly.
John Squire . I am a constable of the ward of Faringdon-within; I went in pursuit of the prisoners; the little man had a box under his arm going up the hill; they turned about seeing us, and knowing us I suppose, went into this public house; Dennison pushed the lace from him upon the table, and seemed as if it did not belong to him; all the six denied that the box belonged to any of them. While my brother constable was gone to the Compter with one of them, Burn wanted to go to the, but the gentlemen would not let him; they said he should have a close stool, so he had a large chamber pot which was in the room; he had not been long come back before he put his hand into his right pocket, and had this piece of lace in his hand ready to give to one of his comrades; I said what are you about, sit further, you are going to shift what you have got; I immediately took it from him. (The piece of lace produced and deposed to by the prosecutor); I took from one of them this bag; (producing a purse that cannot be easily opened with counters in it.)
- Lewis. I keep the Noah's Ark.
Q. from the Prisoners. How long was Friday in the house, from the time he came in till he went back again?
Lewis. I took no notice of that.
Q. Whether after he came in again, he said any thing about being robbed?
Q. Whether there is a back door to your house?
Lewis. Yes; it goes into the stable yard, and also into the street.
Q. Whether we did not all go out at the front door?
Lewis. I cannot tell; but two of them that were like farmers went out first; a young man in the tap room went out after them, and two men were left in the parlour when I came back; I did not see any go out at the back door.
Squire. We have advertised this lace a good while, and last Sunday the owner came; we went to this gentleman's house, and enquired whether such people were there on Easter Monday; he said several people were there that he did not like, and bid his wife look sharp after them; I said to him do you know which way they went; he said he stepped out of the door
Lewis. The two countrymen went out first; they that went towards Cavendish-street had the box; they were the people that went out last.
The man laid his box against thirty guineas; he opened the lace; he said it was worth thirty guineas, and I believed him.
What Burn says is very true.
Q. Of what?
Nicholson. Old clothes. I saw this gentleman take two pieces of lace, black and white, out of the box, and call a party if he had got all of it; they said no, not a quarter of it.
Q. Where was it you heard this pretty conversation?
Nicholson. In my Lord Mayor's office; I saw it when a man jumped out of the window at the same time.
Q. What business had you there?
Nicholson. I knew a good woman that was taken up as a vagrant; I went in behalf of her, and I saw this man take two pieces of lace out, a black and white piece; the black this width, that might go round a cardinal, and pieces of paper wrapped round the middle of it. I saw this constable put the two pieces of lace in his own pocket.
Court. Then you are come to prove that the constable stole the lace?
One of the witnesses. She is wife to Mr. Burn or I am wrongly informed.
Nicholson. No, I am not.
Court. How long have you lived with him?
Nicholson. No time at all.
Q. How long have you known him?
Nicholson. I believe eight or nine years.
Q. Have you been pretty intimate together?
Nicholson. No, I do not say so.
Q. But I ask you?
Nicholson. I am certain and sure it is not so.
Q. So you happened luckily to be at my Lord Mayor's about some poor woman taken up as a vagrant, and your friend Burn happened to be there?
Nicholson. I did no see him till he came out.
One of the witnesses. She has brought him victuals frequently to the Compter.
Nicholson. I did not.
Both guilty . Death .
Arney Elson. I am servant to Mr. Smith. Two geese and four ducks were lost on the Sunday morning; we missed them about ten o'clock: I put the geese into the house and the ducks were left in the yard; this was at about five or six o'clock on Sunday morning; at ten I missed the geese and ducks.
John Burgess . About half after six o'clock a lad belonging to Mr. Elling of Hounslow, called me, and I saw near a hovel of Mr. Elling's some feathers of ducks, which occasioned suspicion. Two men were in the hovel; I asked them if they had any poultry to sell; they said they had; the four ducks and two geese were produced; seeing them, and suspecting the quantity of poultry were not come honestly by, I offered to secure them, but they ran away; the ducks and geese were seized and led to Brentford; they were delivered to one Gatfield, a constable. I went before Mr. Drinkwater, a justice of the peace; he ordered them to be left in the custody of Mr. Lewis at Brentford.
Richard Powell . I live near Mr. Smith: I lost a great deal of poultry. From the alarm of a man's being taken under suspicious circumstances, I came to look at the poultry, when they were in the possession of Mr. Lewis, and when Burgess was there. I saw them ducks and geese left in the possession of Lewis; the prisoner said he bought them at Maidenhead; afterwards he said he had them at Berry, a village four miles of.
Guilty . T .
Charles Scola . On the 6th of April about twelve o'clock at night, coming down Sherwood-street in a coach, the coach stopped to set me down; a man opened the door; I asked him civilly what he wanted; he said twice, your money, gentlemen, your money! I whipped out my sword, and run it somewhere in his face; I jumped out of the coach, and cried, stop thief! and he ran away. I heard no more of him till he was taken.
Q. When the coach was stopped, and the man opened the door, could you distinguish his person?
Scola. No; he had a slouched hat; I cannot swear that the prisoner is the man.
John Crofton . On the 6th of April, between eleven and twelve, as I was going up a turning into Sherwood-street, I heard the cry of stop thief: there was a coach about twelve yards from me: I saw a person running without a hat; I lifted up my cane, and he jumped from the foot-way into the coach-way; I followed him and struck him on the back of the head with my cane; that stopped him; there was a gentleman with me at a distance that followed him; his name is John Hall; I thought Mr. Hall had him fast, but he got from him; I followed him to Shug-lane, and there I struck him once or twice; Mr. Hall said take care he has either a knife or pistol; I took up my cane to strike him again, and he run at me, and struck me with something in my eye, I believe it was a pistol; I knocked him aside and fell down; I got up again on the foot-way; he ran towards where there was a cry of stop thief; he then returned back again, and I struck him again; I was rather spent at that time; Mr. Hall came up to me, and asked me whether I was wounded or hurt; I said no, not at all; he said lend me your cane, I can run faster then you; he took it and run after him, and knocked him down; I came up instantly, and Mr. Hall and I gave him up to the watch; we went to the watch house; we did not know what he had done; the next morning we had him before Sir John Fielding and Mr. Scola was there.
Q. You saw the coach?
Crofton. Yes, and a sword drawn, but had no body to assist me but my companion Mr. Hall.
Q. The next morning at the watch-house did you perceive any wound?
Crofton. There was the scratch of a sword in his neck; he was very much wounded in the head with this cane; I desired to fetch a surgeon to have it dressed that night; I believe it was dressed.
Q. to the Prosecutor. Which way did the person run when you had wounded him?
Scola. Down Sherwood-street towards Shug-lane.
Q. to Crofton. Was you present: when he was searched?
Crofton. No; the pistol was taken from him by a gentleman while he was running.
Simon Houston . On the 6th of this month I spent the evening at a coffee-house in James-street, Golden-square, with some gentlemen, two of whom live in the square; I and another came down Sherwood-street, at twelve o'clock; almost facing my friends in Charles-street, there was a coach and some people about it; I passed by, but had not been gone above ten or fifteen yards before I heard the cry of stop thief; I turned about and saw a man run away and two other men in pursuit of him; the foremost of the two men was pretty close to him; I imagined he had been some pick pocket; I ran into the coach-way with intent to seize him as he passed by; he however got past me, and ran down Shug-lane; the same man that I saw nearest him first, pursued him down Shug-lane, and was very near him; the other man and I followed him.
Q. Who was the other man?
Houston. Mr. Hall: about the middle of Shug-lane, on the right hand side he was taken; but they jostled off the path way almost to the opposite side of the street; when I came up to them he was all over bloody, and somebody hollowed out that he had got a knife in his hand; the blood was running quite fresh; I seized his hand and found a pistol instead of a knife, charged with a slug and snapped as it is now. (Produces a pocket pistol.)
Houston. I did not; I said I was not certain to him.
John Hall. I was in company with Mr. Crofton in Sherwood-street, on the 6th of April, about twelve o'clock; I saw the prisoner run from the coach; I pursued him; he ran very fast from the coach without a hat; Mr. Crofton struck at him; I immediately turned round and followed him; I run about forty or fifty yards and catched him; he and I had a struggle together; a little while I was behind him, with both his hands
Nicholas Porrallo . I was in the coach this night in Queen-street, Golden-square; a man came up, and said twice, gentlemen, I must have your money; Mr. Scola drew his sword; I jumped out of the coach, and found this hat (producing it); when the man demanded the money he did not produce any pistol, but held his hand under the flap of his waistcoat.
I was coming from my cousin's in Marybone-street; coming towards the Haymarket; I did not observe any coach; a person struck me on the head; I did not know who it was; I got up and run again, and he knocked me down speechless in the Hay-market; I never had a pistol.
Guilty . T .
392. (2d M.) THOMAS BROADHEAD was indicted for that he on the king's highway, on Sir Francis Holburne , Knt. did make an assault, putting him in corporal fear and danger of his life, and stealing from his person five guineas in money, numbered, the property of the said Sir Francis , Feb. 6 . *
(2d M.) THOMAS BROADHEAD was a second time indicted for that he on the king's highway, on Henry Cothery , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a moidore, a guinea, and five shillings in money, numbered, the property of the said Henry , March 11 . +
Henry Cothery . I was coming over Finchley Common on Thursday the 11th of March last, between five and six in the afternoon; I had my wife and child in a single horse chaise with the head up; the prisoner at the bar came past the chaise; he made a fumbling piece of work; I said to my wife that man is drunk is he not? she said, yes, I believe so; he whipped out a pistol, turned round, and presented it to me, and said stop, your money! he brought his pistol close up to me; I stopt my horse and pulled out a shilling and laid it upon the flap of the chaise; thought I it will be an affront to offer you this; I put my hand in the other pocket and took out a moidore; I trifled with him in hopes somebody would come up; he said, Sir, do not trifle with me, but give me all your money; I then gave him a guinea; he said, give me all your money; I told him he had got all my money; then he said turn your pocket inside out; I thought I was in a hobble then; I took out the three moidores I had in my pocket, hid them in my hand and turned my pocket out, and said you see I have no more; then he said, Sir, your watch; I had it not about me; I offered then to come out of the chaise and let him search me in hopes to gain time; he objected to that; he said then, Sir, your bank notes; I assured him upon my honour I had none; then he said, Madam, your money; she put her hand in her pocket, and pulled out 5 s. or 6 s. I cannot say which; she gave me them, and I gave them to him; he then galloped away; I looked round to see who was about me; I saw one Marsh sixty or seventy yards from me; there were two men on foot upon the midway between us, and a stage waggon towards us; I got out upon the shaft of the chaise and cried, a highwayman! a highwayman! a highway-man! as fast as I could; they came; Marsh galloped after him, and I turned my chaise round and pursued him; he turned away towards Coney Hatch; Mr. Marsh said when he came down, that he had got away from them; the bricklayers that were there said,John Fielding 's the Wednesday following; I saw him then at Sir John Fielding 's and I swore to him there.
Q. Look at the prisoner are you certain to him?
Cothery. I am certain he is the man.
Q. How was his hat?
Cothery. He had a black coat on, and no great coat, the same as he has on now.
Q. How did he wear his hat?
Cothery. To the best of my remembrance it was flapped before.
Q. Did you take much notice of his face?
Cothery. Yes, and am very certain he is the man.
Q. Your husband said his hat was flapped did you see his face?
Cothery. Yes; I perfectly saw it; I know that he is the man.
Benjamin Walter . I was leading my master's horse out to water, I live at Highgate: this young man was riding his horse, he said did you see a man going down the hill in a black coat; I said one was gone by me; he said will you go along with me he has just robbed a chaise on Finchley-common.
Q. What day was it?
Walter. Saturday fortnight I think; I followed him nine or ten miles, as hard as I could; I saw him dismount from his horse and ran from one field into another; I cried highwayman! stop thief! this young man was digging a pit in the field; the prisoner found himself closely pursued; and surrendered himself to Devonshire; there was a pistol in his pocket loaded; he snapped it at me two or three times, going down the hill; he rid with it all the way in his hand; he went through three turnpikes; he opened one turnpike-gate himself; I brought him to Mr. Willmot's, and he was committed.
Roger Cripps . I have a little building dow n at 'Square Wallace's: I was going down with my men, between eight and nine o'clock; the clerk and I was standing talking together, and I heard that man and another man crying stop thief! I heard them say either a pistol or a blunderbuss; I went into the field, I saw the prisoner come running through the field towards me; his hand was to his right hand pocket; I saw something long sticking out of the side of his pocket; that man, Jenkins, was coming by him and going a breast of him; I went rather shunning on one side; this man came by him and catched hold of his shoulders: I went to him and took the pistol out of his pocket.
Christopher Jenkins . I was digging in the fields: I ran out to see what was the matter, they said there was a highwayman; I ran up to him, he turned round to me and said, my lad keep off for I will not be taken; I said you may as well let me take you as another, for you are sure to be taken before you go out of the field; he put his pistol in his pocket, and said you are a poor man as well as myself; you may as well have the benefit as another; if I have done any thing.
Edward Devonshire . I was coming over Finchly-common with a drove of sheep: a man with a chaise over took me, and informed me of a highwayman: I joined in the pursuit, I tired my horse in over taking him; I cried out stop thief! he is a highwayman: he held his pistol out; I knocked my horse up, so I was not present when he was taken.
Thomas Byfield . I was at Islington; I followed him to Kingsland; he swore he would blow the turnpike man's brains out; so he opened the little gate, and got through; I pursued him to Clapton he presented his pistol while he opened the gate; he dismounted and got into the field: I was present when he was taken.
I never had any thing of that kind laid to my charge in my life: sometimes I am out of my mind, and am light headed, and do not know what I do; I have a daughter out of her mind, but I know nothing of it, my daughter threw herself out of a two pair of stairs window.
He called six witnesses, who gave him a good character.
Guilty . Death .
393. (M.) ANN SPENCER was indicted for stealing one pair of stays, value 7 s. 6 d. one pair of silver buckles, value 5 s. three linen sheets, value 3 s. one looking glass, value 4 s. one cotton gown, value 5 s. one linen apron, value 1 s. one linen gown, value 2 s. and one black silk cloak, value 3 s. the property of Daniel Lenoir , Oct. 19th . ++
Christopher Careless . I keep the two Blue Posts in Russel-street, Covent-garden : on the 24th of February, I received a letter from Mr. Jason, that he had stopped three glass cloths my property; I saw them at the Justice's; they were marked with my name, the sign, and street where I live.
- Jason. I am a pawnbroker: the prisoner offered these three cloths and some other things to pawn: I saw Mr. Careless's name on them; I asked her how she came by them; she would not give any account for a great while; at last she said she lived with Mr. Careless, so I wrote him a letter.
I cannot help myself.
Guilty 10 d. W .
Thomas Lovegrove . I lost a silver watch on the 25th of February, between three and four o'clock in the afternoon: I used to hang it over the chimney piece in the kitchen; I saw it hang there at three o'clock, there was nobody in the kitchen, but the prisoner; we keep a chandler's shop, and the prisoner deals with us, he is a seafaring man; he was brought to me the same day by Simons; Simons asked me if I had lost any thing; I told him I had lost a watch about an hour before; he asked if I should know it, I said yes, if I saw it; he pulled it out of his pocket, and I said directly that is my watch.
Mary Lovegrove . I am the wife of Thomas Lovegrove ; my husband's watch hung over the mantle piece in the kitchen; the prisoner came in and asked for something to drink, about three o'clock; I gave him some small beer; I desired him to go into the kitchen; he staid about three quarters of an hour; there was nobody in the kitchen but him; in about ten minutes after he was gone out, I missed the watch; it was hanging there when he came in; Simons brought the prisoner about an hour after, and produced my husband's watch.
William Simons . I took a watch upon him; he was offering to sell it to one Levi Jackson , in Hounsditch; I thought it could not be his watch; I said he did not come honestly by it, and asked him where he got it; he said if I would let him go he would tell me; I did not promise to let him go; he said he had it of Mr. Lovegrove.
I leave myself to the mercy of the Court.
Guilty . T .
William Bishop . On the 24th of February between seven and eight in the evening, as I was passing along Aldgate High-street , I heard a a voice calling after me, Sir, this boy has picked your pocket of your handkerchief! I turned about, and saw the handkerchief on the ground; I laid hold of the prisoner.
- Hassell. As I was going along Aldgate-High-street, I saw the prisoner pick this gentleman's pocket of a handkerchief, he went to give it to another boy behind him, and he dropped it; I took it up and gave it to Mr. Bishop the other boy ran away.
Guilty . T .
397. (L) RICHARD SMITH was indicted for stealing one linen woollen cloth coat, value 2 s. the property of Thomas Raper , one woollen cloth coat, value 6 s. and one woollen cloth waistcoat, value 4 s. the property of Thomas Siddall , April, 1st . ++
Thomas Powell . I have the care of the gate: one of my fellow servants called out to me to take care of the gate; that a man was coming out with something he should not have; I saw the prisoner, and took him into the warehouse, I found two coats and a waistcoat upon him; he had one of the coats on, and the other coat and waistcoat under his shirt; I did not know them, but my fellow servant did; the prisoner said he had them out of the horsler's room; he said he was going by the Northampton coach. (The clothes produced and deposed to, by the prosecutors.)
I was going to the Northampton fair; I asked the horsler leave to lie down in the stable; there was three men came into the stable and brought these clothes; I found them there and told the gentleman I was going into the tap-room to see if any body owned them.
Q. to Powell. How far is the gate from the tap-room?
Powell. They join together.
Q. Did he say any thing about the clothes before you got him into the warehouse?
Powell. No; he said he took them to keep him warm as he lay in the stable.
For the Prisoner.
Thomas Smith . I am his brother; he has been a horsler ever since he has been in town; that is a dozen years; I never heard but he always behaved very well; he lived with Mr. King a horse dealer, who is out of town; he always bore a good character.
Guilty . T .
398. (M.) MARGARET BEATON was indicted for stealing one dimity waistcoat, value 6 d. one lawn apron, val. 1 s. four damask clouts, value 1 s. one muslin handkerchief, value 1 s. two yards of Irish linen, value 1 s. one linen sheet, value 1 s. two pair of stone sleeve buttons, set in silver, value 2 s. and one woman's linen half shift, value 1 s. the property of John Langstea , April 15th . ++
John Langstea . I am a silversmith in Ratcliffe-highway; the prisoner was my servant ; my wife was taken ill and was obliged to go into the country; when she returned we missed the things mentioned in the indictment; I don't know the day she returned, it is about a fortnight ago; I know the things to be my property.
Mary Mills . I live in Shadwell; I am an intimate acquaintance of Mrs. Langstea's; these things were in a basket, in a draw that was kept for the child bed linen; I put them in myself; I went frequently to the draw while she was gone; the sheet was not in the draw but on her bed; the maid took it off to wash; the other things were in the draw; I missed some things and she confessed she had pawned them; I went with her and found them at different pawnbrokers;
Robert Sturgeon . I am a pawnbroker: the prisoner pawned a waistcoat with me on the 18th of February; a muslin handkerchief on the 19th, a lawn apron on the 20th and a pair of stone buttons on the 25th; she said they were her own property.
Mrs. Mills. I am certain these are the Prosecutor's property.
- Yarday. I am a pawnbroker: the half shift was pawned with me on the 22nd of February, by the prisoner.
I did it through necessity.
Guilty . T .
400. (L.) RICHARD BROWN was indicted for stealing one pewter quart pot, value 1 s. 6 d. the property of Edward Scott , and two pewter pint pots, value 1 s. the property of Hannah Howkins , widow , Feb. 24th . *
Edward Scott . The prisoner came into my house and called for some beer; there was a quart pot standing by him; I went to draw the beer; when I came up a man told me the prisoner had taken a quart pot and gone away with it; I pursued him, and found upon him two pint pots and my own quart pot.
The prisoner said nothing in his defence, but called two people who gave him a good character.
Guilty 10 d. W .
401, 402. (2d M.) JAMES EAGER and ELIZABETH, the wife of William HIDE , were indicted for stealing three linen aprons, value 5 s. two linen shirts, value 8 s. two linen shifts, value 7 s. one pair of dimity pockets value 1 s. 6 d. thirty brass coat buttons, value 1 s. 6 d. one deal box with an iron lock, value 5 s. and one linen towel, value 1 s. the property of Ann Obrien , March 3 d . +
Both acquitted .
403, 404, 405. (2d M.) JOHN BIRCH , RICHARD BOLTON and JOHN DUFFEY were indicted for breaking and entering the dwelling house of Thomas Rauston , on the 30th of March , about the hour of one in the night, and stealing one silver watch, capped and jeweled, value 4 l. one silver pepper box, value 10 s. one silver pint mug, value 3 l. one silver salt, value 10 s. six silver table spoons, value 3 l. two silver tea spoons, value 3 s. two pair of silver shoe buckles, value 6 s. one pair of silver knee buckles, value 1 s. thirteen yards of linen cloth, value 30 s. four razors with horn handles tipped with silver, value 10 s. one shagreen razor case, value 2 s. four yards of long lawn, value 20 s. one canvas bag, value 1 d. forty copper tickets, value 2 s. and nine guineas, one half guinea, one sixpence and sixty copper halfpence, in money, numbered, the property of the said Thomas, in his dwelling house . +
Thomas Rauston . Early in the morning on the 31st of March, my servant came up to me, and informed me my house was robbed; I got up immediately and came down; that was between five and six o'clock; I found the window shutter of the compting house broke open, which is part of my dwelling house, an adjacent room to the parlour; they both join.
Q. Do you go out of the parlour into the compting house?
Rauston. Yes; the bolt of the shutter was broke and wrenched off; the window was pulled down, and the shutters put easily too; it was nearly shut; the sash was not fastened down.
Q. Do you know how this window was left over night?
Rauston. Yes, it was bolted; I examined the compting house just before I went to bed; they could get no farther; they broke open two locks in the compting house desk, and took out a bowl of halfpence, about 3 s. worth; then I presume they proceeded to the parlour; there were two locks there broke open, and 10 l. in cash taken out of the closet, a silver pint mug, a silver watch capped and jewelled; the maker's name Fish, at the Royal Exchange, a silver saltElizabeth Price ; Birch carried it there to make shirts. Heley found three of the razors and a piece of the lawn and these two instruments, one is a ripping, and the other a common chissel, were found in the parlour by my servants.
Q. Was Birch a servant of your's?
Rauston. He was some time ago, not now; he has left my service three months or better.
Q. Do you know any thing of Duffey and the other?
Elizabeth Price . John Birch brought me seven yards of cloth to make him shirts the Wednesday before the gentleman fetched it away on the Sunday; it was the first of April about 11 o'clock in the morning.
Q. Was any body with him?
Price. No. I live at No. 2, Magpye-alley, Fetter-lane. (The cloth produced by the prosecutor.)
Price. This is the cloth I had of Birch.
Prosecutor. I believe it to be my property; I have the other part of the cloth; it appears to be the same; I cannot swear positively to a piece of cloth; it was lost out of a cupboard in the closet; there was between 13 and 14 yards of it; the whole was taken away.
Q. to the Prosecutor. What is that remnant you compared it with?
Prosecutor. A piece cut off of it.
Q. What are you?
Prosecutor. An ironmonger.
John Fitzgerald . I am a pawnbroker: I live with Mr. Murthwaite, the corner of George-court, Prince's-street, Leicester-fields; the prisoner Birch came on the 31st of March, about one o'clock, or between one and two o'clock, to pledge a watch, maker's name William Fish , at the Royal Exchange; it was a silver watch, capped and jewelled.
Q. What do you mean by capped and jewel ed?
Fitzgerald. The wheels are jeweled and capped over with brass; he wanted 25 s. upon it; I refused to take it in because the watch was worth a deal more money; he said he bought it of a comrade whose name was Selvage.
Q. Was the man a soldier or what?
Fitzgerald. He was dressed in regimentals. I asked him what was the maker's name; he said it was Cox or Fox or something like it; I said when he brought it, to try him, that I had seen it advertised; he seemed confused, and said that could not be for he bought it of his comrade. The watch was advertised next day; I went to Sir John Fielding 's to give information.
Q. Did that advertisement agree with the watch you saw?
Fitzgerald. Yes; he said he could leave the watch with the serjeant for 25 s. but was not willing he should know any thing of his necessity.
William Clewin . I saw the prisoner Birch the day after the robbery; he came in as I was easing myself in Mrs. Harrison's cow layer, in Gray's-inn-lane, on Thursday the 1st of April, about five in the morning; there was another along with him; they walked along; I thought they were going to work; they went to the pond side and threw something in, I cannot say what it was; that is all I know.
George Sessell . I dragged a pond in Mrs. Harrison's cow layer this morning, and found the bag in it which has been produced; Duffey told me where he threw it in as near as he could; I was two hours dragging the pond before I found it.
John Heley . On the 3d of April I went to the lodgings of Duffey and Bolton; Bolton lodged in the two pair of stairs room, and Duffey in the back room of the ground floor; Bolton was in Duffey's lodgings. Duffey was in custody; Mr. Bond and I were together; Mr. Bond laid hold of Bolton and insisted on searching him. I saw a razor between his legs and took it up, whether he dropped it or no I cannot say; two days after, Mary Shields said there was a gold chain in the necessary, and dragging for that I
Henry Smallwood . On Saturday the 3d of April the prisoner came to me, and said he was pretty sure he could find Birch, and directed me to Lestall-street, Cold Bath-fields; I went and took him; I searched him and found a watch upon him, and some gold and silver; I showed the watch to the prosecutor, but it was not his; I gave it him again; the next day we heard of a girl that was an acquaintance of his; we went to her lodging and there I found this cloth that has been produced.
I know nothing at all of the affair as to the the cloth; I have witness I bought it and paid for it, and my serjeant is here who will prove I was in the Broadway, Westminster, at the time the pawnbroker says I brought the watch.
I know nothing of it.
I am innocent; I know nothing of the robbery.
James Smith . About three weeks ago, or it may be a month, I was coming up by Hatton Wall, the bottom of Hatton Garden, and there I saw Birch and another man; they had bargained for some cloth; Birch had a piece of cloth under his arm; he had bought it of the other man, and was paying for it just as I was coming past; it was in the street the corner of Hatton Garden.
Q. Who was the other man?
Smith. I do not know; he had bundles of stockings over his shoulders; I saw him give half a guinea and 6 s. 6 d. in silver.
Q. Do you know what sort of cloth it was, did you look at it?
Smith. No, I cannot say.
Q. What colour was it?
Smith. I cannot say; I went away; I did not stop three minutes.
Q. Was the cloth wrapped in any thing?
Smith. No; he had it under his arm.
Q. Then cannot you tell what colour it was?
Smith. It was a whitish cloth; I did not take particular notice; I then went on. I am a carpenter.
Q. How long have you known Birch?
Smith. I knew his father and all the family of them.
Q. What time of day did you see Birch buy this?
Smith. Between eight and nine in the morning.
Q. You never saw the man before.
Smith. No, I never did, nor since that I know of.
Q. What time of day was that?
Read. He was on the drill from ten in the morning till twelve, and then dismissed and sent home.
Q. When did these fourteen days begin?
Read. I do not know.
Q. Was he on the drill the 31st of March?
Read. I cannot be sure of that?
Q. He has no presence of being on the drill between one and two o'clock?
Read. No, a quarter after twelve is the outside of the time always. Birch and I was on the drill on Wednesday; I mounted guard on Friday and came away on Saturday.
Q. to the Prosecutor. Look at the linen once more what is the value of it?
Read. It cost about 2 s. 9 d. a yard.
BIRCH and BOLTON guilty Death .
DUFFEY acquitted .
See Duffey and Bolton tried No. 365 and 366, in the last Part.
A second Count for stealing the said lead the property of a person unknown. ~
407. (2d M.) JANE WHITTEN was indicted for stealing two linen shifts, value 2 s. one muslin neckcloth, value 2 s. three linen shirts, value 6 s. one child's clout, value 6 d. two linen handkerchiefs, value 1 s. one child's bedding,John Wade , April 9th . ++
Both acquitted .
Q. What was it worth?
Maidman. But a mare trifle.
Q. Was it worth a shilling?
Maidman. It is valued at twelve shillings.
Q. Really and truely was she worth above a shilling?
Maidman. I would not take a hundred for it. I was told on Wednesday my mare was gone: I went to Hockley-in-the-Hole, to one Mincher's who keeps a dog house, and buys horses to kill, and left a description of the mare, and desired him if it was brought there to stop it; that was the same morning I lost it; in about an hour after Mincher and his master came to me; I was not at home; I went there and saw the prisoner and the mare. Before I saw the mare the constable asked me if I should know it; I said yes, and described the marks beside her ear: she had a running like an evil, had been blooded and it had festered, and one of her legs behind had a tread of another horse and was lame. I secured the prisoner.
John Mincher . The prosecutor came about half after five in the morning, and desired if his mare was brought to stop it; he had not been gone above half an hour before the prisoner brought the grey mare; he asked 15 s. for it; I agreed to give him half a guinea; I told him to stay while I got change for a guinea; I went out and got a constable.
My wife sells greens and things about, and sometimes we have one, and sometimes two horses; my wife bought this; it was stone blind; she came and told me she had bought a horse, and that it was on Bow Common.
Guilty 10 d. W .
412. (M.) FRANCIS BUTTERY was indicted for stealing one base metal watch in a shagreen case, value 20 s. one steel chain, value 1 s. and one gold ring, value 2 s. the property of Mary Rivers , spinster , March 6th . +
413, 414, 415. (M.) RICHARD COMER , JOHN WARD , and ROBERT FOUNTAIN , were indicted, the first for ripping and cutting with intent to steal 114 lb. wt. of lead, value 20 s. belonging to the parishoners of St. Luke's , the said lead being fixed to an engine house; the other two for being present, aiding, abetting, and assisting the said Richard Comer , Feb. 28 . *
James Chaplain . I am a parishoner and an officer of St. Luke's . On the 28th of February between three and four in the morning, I heard a watchman's rattle; I went to see what was the matter; one of the watchmen told me he saw a man on the engine-house; we went and surrounded the church yard; Comer jumped from the engine-house into the church yard; two of the watchmen went over the rails to search after him; I saw them take him as he lay on the ground; there had been an attempt a night or two before, and they gave a strict look after them. We found this edge bill (producing it) in the gutter on the top of the engine-house; when I took him into the watch-house he told me there was Ward and Fountain standing below while he could throw the lead over; I found Fountain; he had concealed himself in a necessary about a yard from where the attempt was made. I know nothing against Ward and Fountain but what Comer told me: before the Justice, Comer wanted to be admitted an evidence; the Justice said it was impossible, because he was the principal person concerned in
William Austin . I am a watchman: I saw Comer on the engine-house; my brother watchman was beating past three; I was under the engine house door; I heard a knocking and I went from the house and saw Comer on the engine-house; he turned his head and saw me, and jumped into the church yard; I rattled. When on the house he had the lead in one hand and some slating in the other hand; he was pulling the lead, and as the lead came up his head came up and he saw me. I saw the place afterwards; the lead was ripped all round the gutter, and the lead was gone from the ridges. This chopper was found on the Thursday; Comer owned he used that chopper to rip the lead round.
Q. So he had ripped the lead some days before this?
Austin. Yes; and the beadle set me there to watch him.
Q. Did you see any thing of Fountain or Ward?
Austin. I saw two or three repass before that and went and told the officer of the night, and they bid me give a sharp look out; I cannot say they are the men.
As I was going along my wife and I had a few words, and I could not come at her to strike her, so I threw my hat at her, and the wind blew it on the engine house, and I went up to get it.
COMER guilty . T .
WARD acquitted .
FOUNTAIN acquitted .
416, 417. (M.) THOMAS HOBSON and ROBERT GREEN were indicted for breaking down and stealing one iron gate, value 10 s. belonging to Mary Brown , widow , fixed to a certain fence belonging to the dwelling house of the said Mary , April 6 . *
Mary Brown . I keep a house in Litchfield-street, Soho : I have a pallisadoes before the door with a gate in them; I lost the gate the 5th of April between eight and nine at night, Justice Welch sent for me the next morning; I had given notice there over night; I went and saw the gate there; when I saw it I thought it was the same; Justice Welch sent it to try it to the place to see if it fitted, and it did; I had a key to the gate that opened it; my servant was present when it was fitted. Two watchmen had stopped the prisoner with it that night.
Mary Hodges . I am servant to Mrs. Brown: I remember the gate being stole; it was brought the next morning to be fitted; I was at the Justice's, and came with his man to have it fitted, and it fitted exactly.
Q. Look on that gate is that the gate?
Hodges. Yes; I know it by a milk score; I paid it the night before; there was 15 chalks upon it; the milk woman only struck her finger down the middle of it; there was all the marks standing.
Green. I did not see any score on the gate.
John Coleman . I saw the prisoners in Coney-court, Gray's-inn; Green had the iron gate upon his back; I was on the watch; it was about a quarter before nine. We had lost several pallisadoes and area doors of the parish where I am the watch; I watched him to a smith's shop in Baldwin's Gardens, one Marsh's; he pitched the gate and took it in; Hobson was shewing him the way where to carry it too; when they got there they went into a room; I stood at the door while I sent for a constable and took them; I carried them before Sir John in the morning; Green said he was employed to bring it, or made some slight answer.
A man met me, and said, if I could go with him he would give me a job; as soon as the watchman stopped me he ran away.
Q. to Coleman. Was any body with Green but the other prisoner?
I saw Green at Mrs. Marsh's door; I am Mr. Marsh's servant; I thought he had brought the gate to mend; I never saw it before; we take in jobs to mend.
Flack. I did not see Hobson till I was in Gray's-inn-lane.
John Rubery . I know Hobson; he is a maker of shovels and tongs; he works in Baldwin's Gardens, at one Mr. Joseph Marsh 's; I have known him five years; I always thought him, and I believe every body else in the neighbourhood thought him, a very honest man; he would injure no body but himself.
Q. He would injure himself?
Rubery. He will drink too much sometimes.
Q. Would you have taken in such a thing as that of a stranger?
Marsh. No. I never saw it in my life till I saw it in the watch-house. I have known Hobson 13 or 14 years; I never knew any harm of him; he has worked for me almost all the time.
HOBSON acquitted .
GREEN guilty . T .
419. (M.) WILLIAM BROWN was indicted for that he in a certain park and open place near the king's highway, on Rebecca Oliver , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a plain gold ring, value 10 s. April 9 . ++
420, 421, 422. (M.) PATRICK SHIELDS , ALSOP MANN , and THOMAS RUTLEGE , were indicted for stealing one mattras, value 40 s. one feather-bed, value 5 l. four cotton curtains, value 10 s. three blankets, value 10 s. one looking glass, value 2 s. and one japanned tea board, value 1 s. the property of William Morse , in his dwelling house , March 1st . ++
William Morse . I am a mason by trade and live at Paddington . On the 1st of March I lost the things mentioned in the indictment; I saw them about six o'clock in the evening, and missed them about six in the morning; they were all in one bed chamber; I found the window open and they were gone; I do not know who took them. The constable will give an account of the things found at the pawnbroker's.
Percival Phillips . On the 7th of March I was at the Brown Bear in Bow-street; Kingham came and told me there were some things in his house that were advertised; I went to his house; I went up stairs and saw the tea board on the table; there was a girl in the room; it was Rutlege's room; he was not at home; I staid till he came home, at twelve o'clock; he came home; and Rutlege told me Mann was in the passage below; I went down and laid hold of him; the tea board has been in my custody ever since. (The tea board produced and deposed to by the prosecutor.)
Caleb Kingham . Rutlege lodged in my house: I went and informed Phillips that there were things in the house that were advertised; I did not see them; my wife told me of them; one night when we were a-bed Rutlege came and knocked at our door; he said his wife was not at home, and desired to leave something; I would not let my wife open the door but in the morning there was something left at the door done up like a bed; I saw the tea-board in the room.
Q. from Rutlege. Did I ever lie in the house in my life?
Kingham. Yes; a woman lived there that passed for his wife, and he frequently came and lay there.
Ann Kingham . I am the wife of the last witness: Rutlege lodged at our house; he used to come home at night in general, sometimes at 12 o'clock, sometimes later or sooner; he did not come every night, but always came once a day; he came one night and left a new white mattras at our door; I saw it.
Mary Moreing . I have kept company with Rutlege a twelvemonth; I was never married to him. I know nothing of the other prisoners; I have seen them in the public house. The teaboard was brought to my lodging; I cannot say by whom; they were all three in my room when I came home on Tuesday or Wednesday morning; the mattras, curtains, and blankets were brought altogether, but I do not know by whom; I was not in the room.
There being no evidence against Shields he was not put upon his defence.
I know nothing of it.
Shields and Mann brought these things, and desired I would leave them in her room; they took them up themselves; I would have nothing to do with it; she was out; there was no lock on the door; we were all in the room when she came home. I never saw the mattras in my life.
MANN and RUTLEDGE Guilty 39 s. T .
SHIELDS Acquitted .
423. (2d L.) JOHN MARTIN was indicted for that he not being employed in or for the Mint, in the Tower of London, or else where, nor being authorised by the Lords of the Treasury, against the duty of his allegiance, knowingly, feloniously, and traiterously had in his custody and possession, an engine not of common use in any trade, but contrived for marking of money round the edges with graving, resembling the common current coin of this realm .
Second Count called an engine contrived for making money round the edges with marks resembling the coin of his Majesty's Mint.
Third Count called it an edger for marking with gravings round the edges.
Fourth Count an edger with marks resembling the current coin of his Majesty's Mint.
(The witnesses were examined apart at the request of the prisoner.)
William Morris . I was a prisoner for debt in the Compter: on the 27th of last February, soon after eight o'clock, I saw the prisoner sitting on a bench in the tap room; he was brought in for some quarrel in the night or something; I went up stairs, then I came down again with a Mr. Essex a brother debtor; and I saw the prisoner sitting upon the same bench; I observed one of the felons seemingly busy at his coat pocket; and I went throught the tap-room into the back kitchen; I was going to mention it as soon as I got into the kitchen, but a woman there said she thought it was a pity nobody took care of that poor man who seemed to be in liquor, for the felons were busy about his pockets; I went to him, tapped him on the shoulder and said my friend, step this way; he went with me into the kitchen; I said what have you in your coat pocket? have you lost nothing? he put in his hand, and said no; as he stood up I saw there was a piece cut out of his breeches; and his pocket was cut; I said why they have cut your breeches pocket, he looked and said, Lord bless me so they have; I asked him if he had any money; he answered no, nothing but a bit of per; several of us thought it was a shame the felons should use him so bad; so we advised him to go up and complain to Mr. Kirby the keeper; we went up but he was not at home; then we applied to Mr. Baron, the under keeper; he was gone to market I believe; we came back to the tap; then the prisoner asked me to have some purl; I refused it; he then called me into a long passage, which is so dark that you cannot see without a candle; there he put his hand to his pocket, and took some things out that were loose, some out of one pocket, and some out of another, and desired me to take care of them till he returned from my Lord Mayor's; I put them in my pocket not knowing what they were; and it was so dark I could not see what they were.
Q. What time of day was this?
Morris. Between nine and ten o'clock I believe; I went up into my own room, when I came to the top of the tap room stairs into the yard; there was a fellow, that had cut the prisoner's pocket, seemed to be making a stir; he was angry that we had been to Mr. Kirby to have him locked up, and said, d - n him, he is a clipper and a coiner, and was shewing something he had; it a little surprized me to think what he had given me; I then called one Mr. Richards a watchmaker, another debtor, and took him into the coffee-room with me; then I pulled out the things the prisoner had given me, and shewed them to him; I had not seen them before; he said something which gave me suspicion; I said I would go and deliver them to Mr. Baron the under keeper which I did; I had them in my custody, not more I suppose than half an hour; I went down stairs to the tap; Mr. Baron came in in two or three minutes; I desired the prisoner might be called; he came; I said what things are these you have given me? I do not know what they are, but let them be what they will, I shall deliver them to Mr. Baron, in your presence; he made no answer at all; I took them out and delivered them to Mr. Baron
Q. What did the prisoner say to that?
Morris. I did not hear him say a word; one thing I have omitted; while I waited for Mr. Baron's coming in after I had found what things they were, the prisoner walked in the yard with me, and begged for God's sake that I would secret those things, and I should never want for a guinea; Mr. Essex and I were walking together; the prisoner signified he had something to say to me; Mr. Essex walked on and then the prisoner said what I have just mentioned. I made him no answer at all.
Q. How long, might this be before Baron came?
Morris. I believe about ten minutes.
Q. Did you see Baron before he came into the bar?
Morris. No, I did not; when he spoke to me to secret these things, he said he hoped that the person that cut his pocket would not offer it for sale, for if he did he would be stopt, for they were clippings; he did not say of what, nor did I ask him; I did not say any thing to it.
Q. Did you deliver the same things to Baron that you received of the prisoner?
Morris. I did.
Q. Was he taken before my Lord Mayor the same day?
Morris. Yes; I did not go before my Lord till the 30th of March; then I was examined and bound over to appear here.
He was asked on his cross examination; whether Essex heard the prisoner ask him to conceal the circumstance of his having given him the things; to which he answered he believed not.
Baron. He was in execution in our prison then; he sent for me about ten o'clock to the inside of the prison; I was without five the gate, in the passage leading from the tap room just by the bar door; he delivered me some things.
Q. Was Martin present when he delivered the things to you?
Baron. Not to my knowledge; Martin was then in the tap room I believe.
Q. How far was he off?
Baron. Four or five yards I believe; he was called into the bar; I think we sent for him in.
Q. What did Morris say in his presence?
Baron. I cannot recollect; Morris said he had got some things from Martin which he thought were of the coining kind.
Q. Where was Martin at that time?
Baron. He was not there; he shewed them to me; I told him I knew the use of them very well; I had seen some the sessions before; Martin was sent for almost directly; Morris sent for him to acquaint him that he had delivered them to me; he did acquaint him of it; I told Morris I should keep them in custody till I went before my Lord Mayor.
Q. Did you say any thing to the prisoner about it?
Baron. I am not sure whether I did or not; he was carried to the Mansion-house about two hours after on account of what he had been taken up for; I acquainted my Lord Mayor with what had passed about these things and produced them in Martin's presence; Martin saw them and said he found them in the middle of Hatton-garden; he was remanded back to prison touching this matter; my Lord Mayor sealed them up with three seals and I set the initials of my name by the side of the seals, and my Lord Mayor kept them; I received them sealed up from my Lord Mayor last Thursday, when I opened them before the Grand Jury; and I have had them in my possession ever since.
Q. Did you search the prisoner's lodging?
Baron. Yes; he told us where his lodgings were; one was No. 1 Huggin-alley, Wood-street; I found nothing particular at that place but a piece of a flint and a pot and a piece of stick; it was something of a melting pot, a small round pot with a hand in to it, it had some kind of cement in it, and it appeared to have been on the fire; and a piece of thin stick was in the pot; he had another place at St. Giles's which he gave the key of, in Nottingham-court, at the Red-Lion; I found there small hammer, a piece of file, a piece of box wood the same sort as that exactly, only it appeared to be a little more used in the same way as that is; I delivered these things to John Worsley the constable; we have enquired after him, and hear he is run away; I have not seen him this fortnight or three weeks; when the things were produced before my Lord Mayor, the prisoner said there was another piece of box of the same sort in his trunk, and when we went to his lodgings we found it.
Counsel for the Crown. Do you remember his offering a man to prove that he saw him take them up?
Baron. Yes; a man who has since turned out to be one Draper; that was a fortnight after the first examination; he said on his first examination, he could produce a person to prove it; it was on the 13th of March; Draper came there and said he saw him pick them up; they disagreed in their accounts of the place, and my Lord Mayor would not let him be sworn.
Q. Do you know of any use for these things that have been produced?
Sage. I know of none but edging of money; this file appears to have been used in filing of gold; this piece of box is what the coin has been run upon for the purpose of edging the money; it is put in this grove, and the box is run over it, which makes the impression upon the edges. (Several shillings were milled in court with it, with great facility.)
Q. Is that box wood what is used for the purpose?
Sage. We never use any box with us.
Q. Them scissars will cut a shilling I believe?
Q. And these are gold scales?
Q. There are other things you can edge with this instrument?
Sage. I do not believe you can edge any thing with it, but guineas and shillings.
Q. Did you never see a medal edged?
Sage. No, never in my life.
Counsel. Here are several that are milled (producing them); these were bought publickly this morning; all you know is that these may mill money, you do not say they do?
Sage. O, no.
Q. And these scales are only common scales?
Q. And these are scissars they have in every stable to cut horses heels?
Sage. I think they would cut either a guinea or a shilling.
Q. Would not any strong pair of scissars do that?
Sage. Yes, every pair of scissars of that kind.
I know nothing at all of the use of them; I found them; I was so much in liquor I did not readily know where.
For the Prisoner.
Q. Did he buy them in the same condition they are in now?
Henrietta. Yes; I am sure there has nothing been done to them since.
John Tasker . I have known the prisoner thirteen or fourteen years; he was footman to a gentleman where I was at work; he bore a very good character; he left that service ten or twelve years ago; I have known him since he came to town.
Q. What business has he followed here?
Tasker. He has been in service.
Guilty . Death .
JOSEPH WHITE and JOHN GODDARD were indicted for stealing three barrow pigs, value 3 l. and four sow pigs, value 4 l. the property of Christopher Hall , March 24th . ++
Both acquitted .
429, 430. (M.) MARY IVES and THOMAS ROWLEY were indicted; the first for stealing a silver watch, value 20 s. and a steel chain, value 3 d. the property of Robert Bonnick ; the other for receiving the above goods well knowing them to have been stolen , March 26 . ++
Both acquitted .
431, 432. (2d M.) JOHN WAKEFIELD and ELIAS CHERRY were indicted; the first for stealing one tenor violin, value 8 l. and a leather case, value 2 s. the property of William Shardon ; the other for receiving the same goods well knowing them to have been stolen , March 25 . ++
Both acquitted .
433. (2d M.) SOPHIA, the wife of William HOPE , was indicted for stealing two damask table-cloths, value 10 s. three Holland pillow-biers, value 3 s. one yard of callico, value 1 s. four yards of linen cloth, value 2 s. one lawn laced hood, value 1 s. one lawn laced cap, value 1 s. one yard and a half of Brussels lace, value 2 s. one diaper napkin, value 1 s. two damask napkins, value 2 s. one pair of worsted stockings, value 1 s. one gauze handkerchief, value 6 d. two yards of silk ribbon, value 8 d. two pair of women's leather gloves, value 8 s. one pair of cotton stockings, value 1 s. and one laced linen cap, value 8 d. the property of Griffith Williams , Feb. 26th . ++
434. (2d M.) MARY FLOCKHARD , alias FLOCKHART , was indicted for stealing one pair of silver shoe buckles, value 8 s. two linen sheets, value 10 s. one Holland sheet, value 10 s. one bed blanket, value 2 s. two linen tablecloths, value 5 s. two linen napkins, value 18 d. two silk and cotton handkerchiefs, value 2 s. one linen handkerchief, value 1 s. one pair of worsted stockings, value 2 s. one quarter of a lb. wt. of green tea, value 2 s. one lb. wt. of sugar, value 8 d. and two shillings and nine pence, in money, numbered , the property of William Seaman , Feb. 26th . *
436, 437. (M.) JAMES ALCOCK and SAMUEL CANTY were indicted for stealing three hand saws, value 3 s. three planes, value 3 s. the property of William Bains , and one silver cross set with paste, value 1 s. the property of William Herring , March 2 d. ++
Both acquitted .
Sarah Bramley . I am the wife of Francis Bramley : he keeps a stocking shop in the Strand . The two prisoners about eleven o'clock in the forenoon, this day week, came into my shop; Spencely asked for purple stockings; I said I had none; then she asked for black; I reached her some; she said they were too coarse; then I reached some other black stockings; they talked about the price, and during this time Lloyd sat down in an arm chair, complaining she was ill, and begged to so; I observed at
Lloyd called several witnesses who gave her a good character.
As there was no evidence to affect Spencely the Court did not put her upon her defence.
SPENCELY acquitted .
LLOYD guilty . T .
442. (2d M.) ROBERT CAUTERY was indicted for stealing one boat, value 40 s. one silk handkerchief, value 1 s. 6 d. one silk and muslin handkerchief, value 1 s. 6 d. and two pair of worsted stockings, value 2 s. the property of John Bonner , March 15th . *
James Daniel , who is a waterman, deposed, that Spicer ordered him to go along side his barge; that he put two sacks in his boat, and brought them to Iron-gate; that North ordered Spicer to take one of the sacks on his shoulder, which he refused to do; that North then fetched a porter, who took one of the sacks, and the other was taken away afterwards by another porter; that one of the porters was stopped on Tower-hill.
Martin Rossiter , another waterman, deposed, that half after nine in the evening, he stopped one Turnbull with a sack of barley, by Tower Ditch; that North came up, and said they were only sweepings of corn; that he found it was good barley, and he followed the porter; that North bid him throw it down, and then he stopped the corn and the porter.
The constable deposed that the next day, by the information of Rossiter, he went on board a vessel, and took the prisoners, and charged them with stealing the corn, but they said they knew nothing of it; that he came back and took a sample out of the large sack; that then North accused Spicer, but when they came before the Justice he owned he was concerned in this business.
William Turnbull deposed, that he was employed by North to carry a sack of corn to Dr. Bullcock's; that as he was going along a porter followed him; that then North bid him throw the corn down and it was taken.
Thomas Williams deposed, that he was servant to Dr. Bullcock; that Carter, a porter, brought a sack of corn to their house; that he said he came from North; that North had been a patient to Dr. Bullcock; that he never heard his master desire him to bring him any sweepings of corn; that his master was not at home when it was brought; that Carter put it down in the shop and went away.
- Carter deposed, that he was employed by North to carry the corn to Dr. Bullcock's.
I never saw it on board and never touched it.
I had spoke to Spicer for some sweepings of corn: I never saw this barley till I was before the Justice.
North called four witnesses who gave him a good character.
Both guilty . T .
445, 446. (M.) JOHN CHEDWICK and WILLIAM WEBB were indicted for stealing one cloth coat, value 20 s. 28 lb. wt. of lead, value 2 s. 4 d. and 12 lb. wt. of metal called solder, value 9 s. the property of Robert Wardrop , Feb. 23 . +
Both acquitted .
JAMES DEVEREUX and FRANCIS DYER were indicted for stealing 100 lb. wt. of lump sugar, value 3 l. the property of Deiderick Wackerbath and Henry Batger , March 15th .
Both acquitted .
449, 450, 451, 452. (M.) ANN ABBOTT , spinster , PHENIE FRANCIS , spinster , CATHERINE BRYAN , spinster , MARY ABBOTT , spinster , were indicted, the two first for stealing eight yards of thread lace, the property of William Elliot privately in his shop , and the other two for receiving the said lace well knowing it to have been stolen , March 23d . *
William Elliot . I am a Baker in Wood-street; my wife keeps a shop in the New-road, above Moorfields ; on the 23d of March between twelve and one o'clock my daughter came and informed me that there were two persons in the shop that had stole some lace; I went there directly and found Ann Abbot , and Phenie Francis in the shop; my daughter sent to one Mr. Coast and he brought an officer with him; we insiste on their being searched, and they were by Mrs. Edwards, Mrs. Jones, and my daughter; I was not in the room at the search.
Elizabeth Elliot . I am daughter to the prosecutor: I live with my mother; Phenie Francis and Ann Abbot came into my mother's shop, on the 23d of March, between twelve and one o'clock, and asked to look at some lace; I shewed them a good deal, but they said there was none to suit them; I thought I missed a piece, and desired them to stay while I looked; looked and missed a piece containing 8 yards, worth 9 s. 6 d. a yard; they were for going, I desired them to stay while I sent for an officer; they did very quietly; I sent to Mrs. Edwards next door, and she sent her boy for one; the officer came and told us we might search them; we went into another room, and Mrs. Edwards, Mrs. Jones and I searched them; we did not find any thing upon either of them; I saw Phenie Francis have that piece in her hand to look at; I did not see it afterwards; before they went out of the shop, when we could not find it upon them, they threatened to consult a lawyer to have satisfaction, as we had had satisfaction upon them; then Mr. Coast advised me to carry them before a Justice. I gave charge to the officer, and he took them directly; we went to Justice Wallford's, in Bunhill-row; he was at dinner, so we went to the York Minster a public-house; while we were there Ann Abbott looked out at the window, and said her sister was going by; she threw up the sash and called to her, that was Kitty Brian ; she came to the window and a young man with her; Ann Abbott desired the young man to go to her mother to let her know she was there; soon after he and her mother, Mary Abbott , came into the room where we were; then we went to the Justice's, and William Chandler saw Ann Abbott , as she going along hand something to Brian, and he was going to take it from her, and handed it to M ary Abbott. Mr. Coasts took it from Mary Abbot ; I did not see this myself; the parcel that was taken from Mary Abbott was produced before the Justice.
William Chandler . I was at the York Minster with the prisoners: I went with them from there to the Justice's: at the public house as we were drinking, Ann Abbott looked out of the window, and said there goes my brother and sister; she threw up the sash and called the Irish girl over, and told her she had been at a person's house to buy a piece of lace, and they missed a piece, and she desired the young man to go to her mother; with that Mary Abbott came and was very much frightened, and seemed to faint away; as we were going to the Justice's Ann Abbot pulled out a blue and white handkerchief, and the lace hung down; I said to Mr. Coast there is your lace, such a person has it; with that she went to put it in her pocket; Coast laid hold of her hand; she made a sham to wipe her nose with the handkerchief; says Coast what have you got here? she said nothing at all; he said I am sure you have something, and held fast hold of her hand going into the Justice's; the passage was very narrow going in; some how or other she got her hand from him, turned round and delivered it to the old woman the mother; the old woman followed so close she did not perceive it; I believe she dropped it; I do not know whether it was in her hand; the lace and handkerchief were both dropped; Mr. Coast picked it up.
John Coast . Elizabeth Elliot sent for me the 23d of March, about two o'clock in the afternoon; Ann Abbot and Francis were there; she charged them with stealing a piece of lace; I went to the York Minster; when we came out to go to the Justice's, Chandler, said Coast, Abbott has given a bundle into Bryan's hand; I said then it shall not go any further; but however
William Hewit . I am an officer: I was sent for to Mrs. Elliot's, when I came I insisted on their being searched; they were, but nothing was found on them then; I went to the York Minster, and from thence to the Justice's; I never saw the lace till it was shewn at the Justice's.
I was going along Wool-pack-alley on a Tuesday, I cannot say what day of the month; going down the alley, I met Phenie Francis; she asked me to take a walk with her; I went home and put on my hat and cloak, and we went over Moorfields, and came to this shop; she asked me to go in with her to buy some lace; I did; the gentlewoman shewed her some; she said it would not do; she shewed some more, and by and by the gentlewoman said there was a piece missing, and came round and asked if it was by us; I said if she had a mind I was willing to be searched; Phenie Francis would not without a constable; one was sent for; and I was searched three times; they could not find any thing then; they took us before the Justice; going to the Justice, Phenie Francis came up and said Bryan desired her to give the handkerchief to Mrs. Abbott.
Phenie Francis's Defence.
I never gave her any thing; I know nothing of it.
Coming up Bunhill-row, Ann Abbott called me in, and said they had been to buy some lace, and were stopped; she asked the lad with me to go for her mother; he went; when her mother came as we were going to the Justice, Ann Abbott gave me a handkerchief and desired me to give it to her mother; I never knew what was in it.
I can say nothing to it; how it came upon me, I do not know; I had been but a trifle of time there.
Q. to Mrs. Elliot. Phenie Francis was searched at your house?
Elliot. She had a handkerchief; I do not know whether it was that.
Isabella Maurice. I have known Mary Abbott between three and four years; I always knew her to a be very honest woman.
Hannah Hart . I am a house-keeper in Crutched Friars: I have known Phenie Francis thee four years; she worked needle work; she has worked at my house; I never lost any thing in my life; she had a good character while I knew her.
Judith Levi . Phenie Francis is a Jew: I have known her this four or five years; she has bore a good character; I never knew no farther than she used to come to work for me; I gave her 6 d. a day and her victuals; I never heard any thing about her character in my life.
Edwards. I never saw any money but three halfpence in Francis's pocket.
Edwards. Phenie Francis.
Phenie Francis. I had a silver box about me and three guineas in it.
Mrs. Elliot. I saw a little box but did not open it.
Phenie Francis. I had been in England four years before I went over to my own country.
William Archer . I am a constable: the prisoner was brought to me on the 20th of March, about half after four in the morning; he had a copper and a bundle of rags; I advertised it, and it was a fortnight before I heard of the owner.
- Coussins. I am servant to Mr. Gaythorn, who lives in Ratcliffe-row, near the Shepherd and Shepherdess: this is Mr. Gaythorn's copper; it was stole in the night between the 19th and 20th of March.
I found it by the Shepherd and Shepherdess.
Guilty . T .
454. (M.) HENRY POINTER was indicted for stealing one gold ring set with diamonds and a garnet, value 15 s. two other gold rings set with garnets and paste stones, value 5 s. one other gold ring set with an amethyst and paste stones, value 5 s. six pair of paste stone ear-rings set in silver, value 6 s. one pair of base metal knee buckles, value 2 d. two base metal watch keys, value 2 d. and one cane mounted with silver, value 2 s. the property of William Collins , March 7th . ++
William Smith . I am servant to John Steward , Esq; in York Buildings . On the 26th of March I missed one of the silver spoons that were in my care: the prisoner was a milk carrier that served the family. A man came in the afternoon from the Rotation Office, and asked me if I had lost a spoon; I said we had; he said if I would go to the Rotation Office at five o'clock that evening I should see the woman that took the spoon: I went there; the spoon was produced; it had my master's cypher upon it.
Thomas Humphrys . I am a pawnbroker in West-street, Seven Dials: the prisoner offered me this spoon (producing it) on the 25th of March; I stopped her; she said it was a family spoon of her husband's; I asked her if she would go before a magistrate, and swear it was her property; she said, yes, and went eagerly; when I came to Mr. Welch's office it was shut up; I kept the spoon, and told her if she would come next day, and bring any body to prove it was her's, she should have it; she came next day and brought another woman, who said it was the prisoner's property, and gave her a good character. I would not deliver it up but took her before a magistrate; she there said she found it in Mr. Steward's passage.
I found it in the passage.
She called her master, who gave her a good character.
Guilty . T .
457. (2d M.) JOHN SIMMONDS was indicted for stealing a wooden drawer, value 6 d. 144 copper halfpence, and 1 l. 12 s. 6 d. in money, numbered , the property of Elizabeth Jordain , widow , and Joseph Stoddard , March 18 . ++
Joseph Stoddard . Mrs. Jordain and I keep the Maiden Inn, in Dyot-street : I lost the money and the drawer; I keep the drawer to put the money in that I take for spiritual liquors; I lost it about nine or ten in the evening of the 18th of March.
Richard How deposed, that he saw the prisoner put his hand up the bar towards the till; that observing the witness saw him he desisted; that when the witness came up stairs again the till was missing.
- Ashwood deposed, that he followed the prisoner; that he found him with the money in his hand; that he secured his hand and took him back to the prosecutor's house; that there the money was poured out into Mrs. Jordain's lap, and Stoddard picked out a remarkable shilling, which was produced and deposed to by him in Court.
I leave myself to the mercy of the Court.
Guilty . T .
Joshua Shargrave . I live at Botwell: I am a labouring man; I work for Mr. Turner. On the 10th of January, about two in the morning, I saw the prisoner in a common field take a sack with the oats in it, out of a ditch in that field: it was very moon light; I could discern his face; I seized the sack and got the prisoner home to my master; (the sack produced); it bears the mark my master's sack had.
Arthur Best . I live with Mr. Turner: the oats were in a barn upon the morning of the 9th. Under the great door of the barn I observed somebody had made their way into the barn, and I missed a sack of oats that I was sure was in the barn the night before.
The prisoner said nothing in his defence.
Guilty . T .
John Snoxell . I am a haberdasher in Cheapside: I have lately removed to the house I now live in; the prisoner was carrying away the workmens tools. I was informed he was stopped with some gauze handkerchiefs upon him; they were taken out of an upper room.
Prisoner. I leave myself to the mercy of the Court: it is my first offence.
Guilty 10 d. W .
460. (L.) CATHARINE, wife of Peter GRAHAM was indicted for stealing a chip hat covered with silk, value 6 d. three yards of silk lace, value 6 d. and three yards of silk ribbon, value 6 d. the property of John Cook , Feb. 12th . ++
See her tried No. 237 in the last mayoralty, and No. 583, &c. in Mr. Alderman Trecothick's mayoralty. See her husband, Peter Graham , tried for the last time, No. 221, &c. in Mr. Alderman Beckford's second mayoralty, when he was convicted of receiving stolen goods, and was transported for 14 years.
John Bowler , who is an oil-man and blue-maker , deposed, that having several times missed money out of his till, he marked some money overnight, and the next morning having missed some of it, he charged his porter with stealing it, and upon searching him 4 s. 6 d. of the marked money was found in his pocket.
The money was produced by the constable, who found it upon the prisoner, and deposed to by the prosecutor.
The prisoner, in his defence, said, the money was his own property.
He called two witnesses who gave him a good character.
Guilty . T .
JAMES CARAGAN was indicted for breaking and entering the dwelling house of Philip Culvener , about the hour of one in the night, and stealing 63 lb. of lead, value 6 s. the property of the said Philip, in his dwelling house .
A second Court charged it with ripping, cutting, and stealing the said lead, being affixed to the dwelling house of the said Philip. ++
Philip Culvener . I was called up in the night by the watchmen; they had taken the prisoner with some lead upon him; I missed the lead from my copper; I saw it next day; we compared it with the copper and it tallied in every respect.
William Thomas . About a quarter before two o'clock the prisoner was brought to me in the watch-house, charged by White and Lewis; he pleaded ignorance, but went on his knees and begged to be discharged; this is the lead; (producing it); I took it to Mr. Culvener's, and saw it compared with the copper. The prisoner had all the marks of lead upon his shoulder.
The prisoner, in his defence, said he found it.
He called two witnesses who gave him a good character.
Guilty T .
463. (M.) JOHN LARKEN was indicted for forging a certain order for payment of money with the name of Cranbourn thereunto subscribed, purporting to be signed by the honourable James Cecil , commonly called Viscount Cranbourn , which said order is as follows:
I Lord Viscount Cranbourn,
Dinsdale, Archer and Byde, please to pay the bearer ten pounds, and place it to the account of
Second Count for feloniously uttering and publishing the same note, well knowing it to be forged, April 10th . +
Owing to an error in the indictment, he was acquitted .
Susannah Harkness . I bought the stove of the prisoner, about two months before he was taken, I gave him 2 s. for it; I knew the man before; I bought a bath stove of him, at a time when his wife and he quarrelled, she ran after him as soon as he brought it and scratched him down the face. (The stove produced and deposed to by the prosecutor.)
The prisoner said nothing in his defence.
Guilty 10 d. W .
Elizabeth Forrest . I am the wife of William Forrest : on the 17th instant coming through the middle of New-street, about nine at night, the prisoner passed by me, then she turned back and snatched off my hat and likewise my cap, it was a black sattin hat, and ran away with it; I cried stop thief! she was stopped within twenty yards, by one John Chaterley , but she had been out of my sight; Chaterly brought her back with a hat tied up in her hand; (the hat produced and deposed to by the prosecutrix.)
I picked it up in the street some people pursued me, and took me.
She called several witnesses who gave her a good character.
Guilty . T .
William Hastelow . I was late out at night on the 9th of March; I called at the watch-house and desired to rest myself; I was a little in liquor, but could discern very well what happened; I took my watch out at one o'clock to seeJohn Fielding , and there Beven owned taking it; and took us to the pawnbroker's where it was pawned.
John Hill. Beven pawned this watch ( producing it) with me; he described the marks of it so that I had no scruple in taking it.
The prisoners called two or three witnesses, who gave them a good character.
Both guilty of stealing, but not privately from the person . T .
468, 469. (M.) WILLIAM SIMKINS and ELIZABETH, the wife of Ambrose SIMKINS , were indicted; the first for stealing four bushels of coals, value 4 s. the property of Samuel Kingston , and the other for receiving them knowing them to have been stolen , April 10th . ++
Both acquitted .
James Darnford . I was employed to watch the buildings: I heard a cutting, and saw the prisoner; as soon as he perceived me he endeavoured to make his escape; I pursued him and took him; I found that lead cut and rolled up.
I went into the building to ease myself.
Guilty . T .
472. (M.) HANNAH FARMER was indicted for the wilful murder of Samuel Newth , by stabbing him with a knife on the left side of his body with which wound he languished from the 4th of February till the 5th of March, and then died.
He stood charged on the Coroner's Inquest with Manslaughter. +
The prosecutor was called but did not appear.
John Powell . I live in St. Ann's Black Fryers : the prisoner was one of the poor of the parish of St. Faith; I contract with the parish to take care of the poor: I delivered out the sheets to them to wash, in the wash-house in my house; I lost a pair.
I was in great distress when I did it. I leave myself to the mercy of the Court.
Guilty 10 d. W .
ELIZABETH INGRAM , spinster , was indicted for stealing two iron streaks, value 3 s. the property of Robert Webb . ++
Richard Dix . I am an apprentice to Mr. Webb: I saw the prisoner come into my master's yard; he is a wheeler and keeps a smith's shop: she took up two streaks and carried them out of the yard; I followed her; she dropped the streaks; I secured her first; then I went and took the streaks up. (The streaks produced and deposed to.)
I did not take them up; he saw me in the yard and said, if I did not get away he would send me to gaol. He said I laughed at him but I did not.
Guilty 10 d. W .
George Woodrose . I am a clerk to Sir Charles Asgill and Co. I was coming along Cornhill , about half past eleven o'clock, on the 22d of April; the prisoner took hold of my arm two or three times; I would not go with her; she said she was in a great deal of distress; I gave her a shilling; she was making away very fast from me; I then missed my purse; I went after her and charged her with taking it; she denied it; I took her to the watch-house. While she stood up there to be searched, I perceived a piece of white paper upon the seat, and under it I saw my bag; then she fell on her knees and begged for mercy.
Q. from the prisoner. Whether I pleaded any poverty to you when you picked me up?
Woodrofe. I did not pick her up, nor consent to go with her.
The watchmen might convey it there: I am innocent.
She called two witnesses who gave her a good character.
Q. to the prosecutor. Did you find the money right in the bag.
Prosecutor. Yes, exactly.
Guilty . T .
479. (M.) EDWARD WALSH , of One Ton passage in the Strand, in the parish of St. Martin in the Fields , was indicted for that he on the 23d of November last, in the name of one Edward Walsh , of Winsley-street, in the parish of St. Mary-le-bone, feloniously did acknowledge bail, and become bail and pledge for John Cade , who was then by virtue of a bill of Middlesex, issued out of the Court of King's Bench, arrested and carried to Newgate, the last mentioned Edward Walsh not being privy thereto, against the statute . *
Richard Breakspear . I am servant to Mr. Spencer, he is a horse dealer : the bridle hung up in a stable; I saw it the 20th or 21st of February; I did not miss it till I saw it advertised in the paper; my master went up to the gentleman, and found the bridle; he is now in the country.
Breakspear. I am sure it is my master's property; it came home the 20th or 21st of February.
I was coming from the country and met with a man coming up, and he asked me to buy this
Guilty . T .
John Plush . I am apprentice to Mr. Speary; I was shutting up the shop, and saw the prisoner open the hatch, and take the tea-kettle out of the pail; I catched him with it in his hand; he put it down behind him by the shutter: I gave charge of him to the watchman directly.
I never had the kettle.
Guilty . T .
Thomas Jaques . I keep the George Inn on Snow hill ; I had a parcel of indigo blue brought to my inn directed to Alice Batsby at Alesbury; I put it into a room within the tap house; I found it wanting the next morning; I missed it immediately after the prisoner was gone.
Dorothy Stringer . I am a blue maker: the prisoner offered to sell me this blue (producing it,) and as Mess. Grace and Freeman had lost some some time before; I desired her to leave it; I found a bill of parcels of it in Mess. Grace and Freeman's name; I sent to them; they and Mr. Jaques came and claimed it next morning; I asked her why she did not sent according to the directions; she said she picked it up on Snow-hill, and desired I would give her what it was worth.
- Freeman deposed that he packed up the parcel and sent it to the George inn, that upon Mrs. Stringer's intelligence; he went there and staid till the prisoner came; that she told him she found it, and denied having been at the George inn the night before.
I picked this parcel up on Snow Hill.
Guilty . T .
Mrs. West. I live four doors from the prosecutor: I saw the prisoner go by my door with some iron casements.
Prosecutor. When I took the prisoner, he said if I would be merciful, he would confess; he fell a crying, and said he took them, broke them to pieces, and sold them for old iron. I made no promise.
He said if I would confess he would shew me mercy.
Guilty. 10 d. W .
The Trials being ended, the Court proceeded to give judgment as follows:
Received Sentence of Death, 12.
Transportation for fourteen years, 4.
Transportation for seven years, 40.
John Christopher , Thomas Whitefoot , Richard Dowling , John Coleman , Jane Breakspear , John Simmons , William Wall, John Wilson , Elizabeth Maddox , William Smith , Sarah Lloyd , Sarah Groves , James Martin , Joseph Moreden , Jonathan Spicer , John North , Richard Comer , Robert Green, Thomas Rutlege , Margaret Bexton , Ann Abbott , Phene Francis, John Dixon , Matthias Jones , Matthew Burn , Robert Kipling , Isaac Austin , Mary Fricking , Sarah Tonge , John Wyatt , Dennis Conolly , Samuel Boswell , William Morris , Richard Smith , Joseph Halford , James Caragan , Mary Oliver , John Emerton , Patrick Dun , Christian Read .
JOSEPH GURNEY , WRITER of these PROCEEDINGS, (Removed from Holborn to Southampton Buildings, Chancery Lane)
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.