NUMBER VI. 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 EDWARD WILLES , Esq; one of the Justices of his Majesty's Court of King's Bench *; the Honourable Sir JAMES EYRE , Knt. one of the Barons of his Majesty's Court of Exchequer +; Mr. Serjeant 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.
THOMAS GREAR , THOMAS YOUNGER , and JAMES YOUNGER , were indicted for breaking and entering the dwelling house of Margaret Mortimer , spinster, on the 16th of June , about the hour of one in the night, and stealing two silk gowns, value 3 l. one flowered linen gown, value 12 s. and nine guineas in money, numbered, the property of Isabella Harris , spinster, three silk gowns, value 3 l. the property of Sarah Creighton , spinster, and three silk gowns, value 2 l. the property of the said Margaret Mortimer in her dwelling house . ++
(The witnesses were examined apart at the request of the prisoners.)
Margaret Mortimer . I have a house in Old Gravel-lane , and keep a milliner's shop : Miss Creighton, who lay with me, was waked by a noise; she cried out for God's sake get up, there is somebody coming in; I got up and looked out at the window, but seeing nothing, I screwed down the window and went to bed again; in about half an hour she called to me again, and said get up, there is somebody getting in; we jumped up and went to the window, and saw three persons in the garden; I called to them and asked them what they did there; I screamed out and made a noise at the window. I am certain the prisoners were the persons I saw in the garden; it was star light, and the light was very good; I could very well distinguish the persons and their dress. An alarm being given one of them said somebody was at the door: then immediately I heard a voice at the door say bush, if you don't open the door I'll blow your brains out; then the same voice bid us all go into bed; then a man came in with a dark lanthorn; the two persons that I saw in the garden were the two Youngers; the youngest sat by the side of the bed and the other at the bottom of the bed.
Q. Are you sure as to their persons?
Mortimer. Yes, I am positive to them. While they were in the room the youngest Younger said blow their brains out and then they will not blow us; one said no, save their lives; that man is not taken: there were eight in all, four above stairs and four below; they said if we stirred they would blow our brains out. When they went away they ordered us to lie two hours or they would blow our brains out.
Sarah Creighton . I was waked, and desired Miss Mortimer to get up for there were thieves in the house; Miss Mortimer got up and said there was a man at the door and two men coming up the yard; they said bush, open the door, or we will blow your brains out; I opened the door and they came in, and bid us get into bed and cover our faces. As they were coming up stairs I reached out of bed to hide something, and saw Grear's face as he came up stairs; I imagine he lighted his candle by the lanthorn and put it in the chimney; he demanded the plate; Miss Mortimer said there were six silver spoons in the drawer; he came from the drawer and said to his companion, take this silk; I then thought I heard some more voices in the room; the sheet was off my head, and he said if I did not cover up my face he would blow my brains out. When there was light in the room I saw the shade of a man take down some gowns from a rail; one of them asked for a handkerchief; Miss Mortimer said they were in a drawer; Grear got on the bed and trod on my hand, and never left the bed but to go to the door of the room.
Q. Was it so light that you could distinguish his person?
Creighton. I saw him come up stairs with the light; I reached out of bed to get a piece of sattin out of the drawer, and Miss Mortimer pulled me back; he called for a chissel to wrench open the drawer, and his companion brought him one; when he had got it open, Grear said you did not tell us there was some money here, we have found it, and there is more in the house, and we must have it or we will cut your heads off, and blow your brains out; he called to the other and bid him charge the other pistol; then one that is not taken said don't kill them; they asked what business we carried on, and one said a milliner's; then they asked where the laces were; Grear said they were Jackson's gang and seared nobody; the boy said blow their brains out, and then they cannot tell tales or give information. Before they went away he said there were four above stairs and four below stairs; that they should be there two hours, and if we got up to alarm any body they would blow our brains out. Grear asked for my pockets; I slid my pocket book out of them and gave him my empty pockets; I knew them again when I saw them at the Justice's. When they were gone, we got out of bed, between three and four o'clock, and locked the door, and threw up the window; Miss Mortimer saw a man walking along with a pitch fork, and said she was sure he was one of the men that had robbed us; that was the eldest of the Youngers.
Q. You only swear to the person of Grear?
Q. Are you quite positive to him?
Creighton. Yes; I took particular notice of him.
Catherine Little . I am servant to Miss Mortimer: I shut the windows that night before I went to bed; we were disturbed about twelve o'clock; we got out of bed and opened the sash; but saw nobody; then we went to bed again, and in about half an hour we heard a noise and got out of bed, and saw the two Youngers run across the yard; Miss Mortimer tapped at the window and asked what they wanted there; one of them said bush, or we will blow your brains out by the living God; they got into the room; I did not see any of them after they were in the room; I was covered. I am positive it was the two Youngers that stopped under the window.
John Pagett . I am a constable: I was sent for and informed a burglary had been committed at Miss Mortimer's; I went there, and she described a good many people, and said she should know them perfectly well; she said she had seen some of them about the neighbourhood a great while; I went to the back of the house and saw Younger; I brought him to her and she said he was one of the persons that had robbed her.
Q. Did you take Grear?
Pagett. Yes; I had a suspicion of his being a bad person; she said she was not positive to his person; I took a brace of pistols from him and a bullet mould; one was loaded the other discharged; Mr. Justice Sherwood took the loading out himself (produces them); I took some shot and powder out of his pocket at the same time.
I have two evidences to prove where I was that night.
None of my witnesses are here.
James Younger's Defence.
My witnesses are not here.
Q. How came you to know the hour so particularly?
Mercer. I being a watchman have to call every hour and every half hour; I have a good right to know it.
Q. Did you know Grear before?
Mercer. Yes; I know him to be a very honest civil man as far as I know any thing by him; I never heard any bad action of him. I lighted him from Butcher-row to Old Gravel-lane, about half a mile.
Q. Was it very dark?
Mercer. No not very dark.
Q. It was so dark he wanted you to light him home?
Mercer. It was but a little distance from my stand, so I lighted him home.
Elizabeth Farrell . I was in Thomas Grear 's house the night before this affair happened; he was taken up the next morning; his wife was ill; I was taking care of her; he came home with the watchman about half after twelve; he laid himself down on the side of the bed very drunk, and did not get up till Pagett came and took him out of bed. I sat up to take care of his wife.
Q. He usually carried a pair of pistols about him?
Farrell. He lent a up mate some money on the pistols.
Q. to Miss Creighton. Look at Grear, are you sure he is the man?
Q. May not you be mistaken?
Creighton. No; he said his father and his brother were hanged and he was sure he should be hanged too. I am positive to his person and his voice, for he said by Jesus several times.
Creighton. Thirteen years.
For the Youngers.
Q. What day was this?
Whitefield. A Thursday; I will not swear to the day of the month; I believe last Thursday fortnight.
Q. Why do you think so?
Whitefield. I think so; I will not swear to any thing but what is right.
Q. Do you know when the men were taken up?
Whitefield. Yes; it was the same night they were taken up in the morning. The woman that went to market along with the boy came home with the cart, and said Lord, Mrs. Keene, did you hear of the robbery done in Old Gravel-lane? she said no; she said the milliner is robbed; I said, thank God, they cannot say it is the Youngers did it, for Tom he was in bed; she said no, he has been to market with us; soon after this she came and said Tom Younger was taken from our door; then the little boy got out of bed naked, ran crying and clasping his hands about his brother; I bid him put on his clothes; he put on one of my shoes and one of his own and ran out.
Q. What are you?
Whitefield. A poor woman, and work hard for my living.
Q. Mr. Pagett came to your house?
Whitefield. Not till after the boy was taken.
Q. Did not they search your house for stolen things?
Whitefield. Pagett did.
Pagett. I have been at the searching of her house a number of times.
Q. Who lay in this room where the Youngers lay?
Whitefield. Mrs. Keene and her two children, and I and another woman lay in the fore room, that he could not go out of one room or the other without our knowledge.
- Phene. I live in Old Gravel-lane: the two Youngers had lain in my place three weeks before they were taken; they lay at my house all the night before they were taken up for the robbery; they lay in the back room; the young one was never out of bed till his brother was taken; the other got up about four.
Q. Do you remember any thing particular when he got up?
Phene. The woman called him up to go to market.
Q. There was no particular conversation?
Phene. No; she called him up.
Q. Nothing but her calling him?
Phene. No; she called him and he went to market; he had been with her at Bow fair driving her cart.
Q. Do you live in the house with Mrs. Whitefield?
Q. Do you remember any search warrant coming there?
Phene. No there never was, nor we were never blemished with any thing in the world.
Elizabeth Burn . I live in the same house; the two Youngers lay in our house the night before they were taken; I saw them in bed at ten o'clock; one of them got up at four; it struck four just as he got out of doors; the other got up a little before eight when the woman called him up.
Q. What did she say to him then?
Burn. She said Tom what are not you up yet to go to market?
Q. What o'clock did you go to bed that night?
Burn. Almost twelve.
Q. What part did you lie in?
Burn. The middle room; there are two rooms upon one floor.
Q. Where did Mrs. Whitefield lie?
Burn. In the fore room.
Q. How came you to be up so late?
Burn. My husband was in liquor, and I dare not then disturb him till he has had his first sleep.
Q. Do you remember any search warrant coming to the house?
Burn. I saw men there, I do not know whether
Q. Have they been several times searching the house?
Burn. Once or twice.
Q. Who was in the house at the time?
Burn. There were several at work at stop work; Mrs. Whitefield, Mrs. Phene, and I, were sitting together, when they came to search the house.
Q. from Grear to Justice Sherwood. Were the pistols loaded?
Counsel for the Crown. When the ladies came to you upon the information, were there any other prisoners produced besides the prisoners?
Sherwood. Several more; the lady immediately pointed to this man; I recommended her to be very cautious and look round; she immediately fixed upon Grear; many had passed in irons by, and she immediately fixed upon Grear, and I think said she had a full view of him in the garden, and at the door of her chamber.
Q. Do you know the character of any of these women that appear?
Sherwood. Yes, by hear say.
Q. What character have you heard of them?
Sherwood. That old woman that was upon her evidence when I came in (Whitefield) is one of those that are very remarkable for receiving stolen goods, along with that boy's mother, who is now under sentence of transportation.
Q. What is the character of any of the rest?
Sherwood. I do not know any of the rest.
Q. to Pagett. Do you know the character of the other two women?
Pagett. I have seen them in the house at divers times; I know no more of them than seeing them in that house. I have found chissels buried under ground there: the house comes almost to the back of the lady's garden.
All three guilty . Death .
392, 393, 394. (M.) JOHN LENNARD , THOMAS GRAVES and JAMES GUY were indicted; the first for committing a rape on the body of Ann Boss , spinster, against the statute; and the other two for feloniously and maliciously procuring, aiding, and abetting, the said John Lennard , the felony and rape aforesaid to do and commit, against the statute .
The witnesses were examined apart at the request of the prisoners.
Q. How long have you lived there?
Boss. Two years and a half.
Q. Do you remember on the 14th of June any alteration happening in Mr. Brailsford's family?
Boss. Yes, that was the day. Mr. Housman was to be left with me, to take care of me and the house, and the maid: I should not have continued there but Mr. Brailsford begged of me to stay. There were some things of my brother's and mine there.
Q. Do you recollect the three prisoners coming, that evening to your house?
Q. They came in with an execution along with Mr. Vere I believe?
Boss. Yes; there were only two in the morning, the other was added afterwards.
Q. Had Mr. Vere left these three men in possession in the night of the 14th?
Boss. The 14th.
Q. Tell my Lord and the Jury what happened on the 15th.
Boss. The 15th was the day they committed the fact; Mr. Housman went away; the maid servant continued in the house with me till near five o'clock I believe.
Q. By what means did she go out of the house?
Boss. I told her to go to Mrs. Wyat's to let her know I would as soon as I had dressed myself come over and wait upon her; then there remained nobody in the house but the three prisoners and me.
Q. Where was you?
Boss. I went up stairs for the purpose of dressing myself.
Q. What room was you in?
Boss. I believe it to be up two pair of stairs; I was so frightened with his entering into the room that I was hardly able to know any thing.
Q. Was the door shut or locked?
Boss. The door was not locked.
Q. Was it shut to?
Boss. I cannot tell; he proceeded to violence directly; I was so hurried I was almost distracted; I could hardly recollect any thing; from what I recollect as soon as he entered he proceeded to violence immediately; the first victory I perceived he had gained over me was, that his hand was where it ought not to be; I endeavoured to defend myself from that but found it impossible; I perceived then he was going to unbutton his breeches; with that I left myself unguarded, and with one hand seized him by the throat, and with the other endeavoured to prevent him; then I was quite conquered and he proceeded to lie with me.
Q. Did he throw you down?
Boss. That I cannot say.
Q. Was it on the bed?
Boss. Yes, it was on the bed.
Q. Was you undressed; had you your stays off or on?
Boss. My stays were on but not laced.
Q. Did he pull off your stays?
Boss. That I cannot tell; my stays were loose.
Q. Did they come off?
Boss. That I cannot tell, they were quite loose; I suppose they might come loose in my struggling.
Q. Were your stays ever quite loosed?
Boss. No, they were not; when I got up in the morning I did not stay to lace them quite, but wound the lace round.
Q. Had you dined in company with these men that day?
Q. Had you been in their company that day?
Boss. I had been in the house with them.
Q. But not particularly in company with them?
Q. You say he proceeded to lie with you, will you now give a particular account of what you perceived?
Boss. I do not know how to describe it.
Q. Did you perceive any extraordinary appearance?
Q. Did his privy parts touch you?
Boss. Yes, they did.
Q. Were they in your body?
Boss. Yes, they were.
Q. When you found that his privy parts were in your body did you find any particular emotion; did you perceive any thing come from him?
Boss. He was so violent that he hurt me prodigiously; I was very near fainting.
Q. With what did he hurt you; was it with his members, his privy parts?
Q. How long might he continue on the bed with you?
Boss. I cannot tell.
Q. Can you give any sort of guess at the time?
Boss. I was so distracted with attempting to get out of their hands that I had no recollection at all.
Q. When his privy parts were in your body did you feel any thing come from him?
Boss. I cannot say I did.
Q. Did you afterwards examine your linen; did you look at your shift?
Q. Was there any thing wet or any appearance of any thing wet?
Boss. Yes, there was.
Q. How soon after this did you examine your shift?
Boss. I found myself wet; I perceived myself wet.
Q. Was it blood upon your shift or what?
Boss. Not blood.
Q. How soon was it after that you looked at your shift?
Boss. I did not look at my shift at all; it was from my own perception I found it wet.
Q. You said it was not blood; how do you know if you did not look; was it at any time after you looked at it?
Boss. The next morning.
Q. Did he leave you as soon as he had lain with you, or continue any time after in the room?
Boss. I cannot tell.
Q. Do you know whether you actually did faint or not?
Boss. I know I felt so ill I thought I was dying, and I believe I fainted more than once.
Q. Had he knowledge of you more than once?
Boss. Not that I know of.
Q. Was you in any sort consenting to his
Boss. I resisted him to my very utmost.
Q. Did you during the time he was struggling with you make use of any outcry or endeavour to alarm?
Boss. I cried out all I could.
Q. What did you cry out?
Boss. I cannot express the words I made use of; I made use of many out-cries. When I had got down in the parlour (I do not know how I got down) I recollect very well that he endeavoured to sooth me, and said there was no harm done; I called out then, and said, you villain you know you have ruined me.
Q. Was it a front room or back room?
Boss. A back room.
Q. Was it the room you usually lie in?
Boss. I believe it was in that room. The three prisoners, when I endeavoured to get out, all three endeavoured to prevent me.
Q. That was afterwards?
Boss. Yes; I can say very little about the other two men; some one of them, but which it was I do not know, d - n'd me for a bitch, and bid me not make such a noise.
Q. This was after he had lain with you?
Q. Have you any recollection which that was?
Boss. I cannot tell.
Q. Was it Lennard himself?
Boss. I really cannot tell.
Q. Was your lodgings up two or one pair of stairs?
Boss. Two pair.
Q. Have you any room but a lodging room?
Q. After he had lain with you, I believe it was sometime before you was permited to get out of the house?
Q. Did you make any attempt to get out of the house?
Boss. Yes, as much as I could.
Q. By what means was you prevented going out of the house, and by whom?
Boss. I was crying and was just distracted; I cannot give an account by whom.
Q. Do you recollect finding yourself some time in the garden?
Q. How got you there?
Boss. I believe Lennard led me there; when the mob was raised they endeavoured to drag me out; Mr. Giddes's servant maid, whose name is Molly, called to me, and endeavoured to help me over the wall when I was in the garden.
Q. Were any of the prisoners in the garden with you?
Boss. One was.
Q. Was there any thing particular in his behaviour then?
Boss. I cannot tell.
Q. I believe you continued at the house of Mr. Giddes all the night before?
Q. Did Mrs. Sandys come there?
Q. I believe it was not till the next morning that you had any particular conversation with Mrs. Sandys?
Q. Did you tell her what had passed between Lennard and you?
Q. Was that the first time you told any body of it?
Boss. I really cannot tell what I said over night; but I recollect giving a particular account to Mrs. Sandys the next morning.
Q. Do you recollect particularly what you called out when you was up the two pair of stairs?
Boss. I cannot tell particularly; I know I made use of a great many expressions.
Q. How did you find yourself the next day, or some days afterwards?
Boss. Very ill; I was so sore that it was with great difficulty that I walked.
Q. Was that soreness in your privy parts?
Q. Had you any particular pain when you had occasion to void your urine?
Q. What time was it that he came into the room where you were?
Boss. About five in the afternoon; it might be after five; I cannot be particular.
Q. How long had you been in the room before he came into it?
Boss. I cannot recollect.
Q. Where had you dined that day?
Boss. I had ate no dinner.
Q. Was you upon the bed when he came into the room?
Q. How came you upon the bed?
Boss. I have no recollection of that; I believe he forced me there.
Q. You only believe it?
Boss. I cannot be positive.
Q. When he came into the room first of all one would think you could recollect because your fright could not be so great then, not knowing what his intention was?
Boss. My fright has robbed me almost of all recollection of what passed before and after; I am pretty sure I was not upon the bed.
Q. Can you recollect what room it was?
Boss. Not certainly.
Q. Can you recollect your purpose of being in the room?
Boss. To dress myself.
Q. Then one would think you would go to that room where you usually sleep?
Boss. I believe myself to have been there.
Q. Had you dressed yourself different from what you had been in before that day?
Boss. I had not.
Q. Have you no recollection how long you had been in the room before he came in?
Q. I would not say any thing to give you offence, but upon your oath had you drank with the man that day?
Boss. I cannot say whether I did or not; I recollect what passed at Justice Fielding's; Lennard there said that I desired him to bring me some rum and water; when I thought I was dying I might desire him to bring me some, but I do not recollect it.
Q. Can you recollect whether before this matter passed you had desired him to bring up a little rum and water to your bedside?
Boss. I do not believe any such thing.
Q. I am told there was a good deal of rum in the house: now before this thing happened have you no recollection of ordering, or desiring him to bring you a little rum and water?
Boss. I have not; I do not believe I did such a thing; the maid and I had a dish of tea in the kitchen; that was all the dinner I had; she knows I had nothing that day to disorder me at all.
Q. Is she here?
Boss. I cannot find her any where; I do not know where she is; I have sent many times to enquire after her.
Q. You say that your stays were loose, that you had wrapped the lace round you?
Q. Had you had no time from the morning till five in the afternoon to lace your stays?
Boss. He followed me so quick I apprehend I had no time to dress me.
Q. That is from mere apprehension?
Boss. It is not from mere apprehension I say that.
Q. Had you conversed much with Lennard during the morning, or been in company with him?
Boss. I might talk with him being backwards and forwards in the house, but not to ask him to drink; I am sure I had no other thought than to induce him to behave well till I could get out of the house.
Q. from the Jury. Were all the three prisoners in the house during the time?
Boss. Yes, they were in the house.
Q. Neither of the other men were in the room?
Boss. Not that I know.
Q. The other part of the day were the prisoners in the kitchen floor or the parlour floor?
Boss. They sat in the parlour, but walked up and down.
Q. When Lennard came to the room can you recollect whether be shut the door or not?
Boss. I really cannot.
Q. Is the parlour in the front or back room?
Boss. The back room.
Q. As you had sometimes conversation with Lennard in a free manner, had he offered any civilities to you?
Q. Had he offered to kiss you?
Boss. O dear, no.
Q. Did he drink tea with you and your maid?
Q. You drank tea in the kitchen?
Q. Were they in the kitchen at the time or in the parlour?
Boss. I do not believe they were in the kitchen.
Q. Did you know Miss Boss before?
Cobbs. Only by sight, I bad never spoke to her.
Q. Do you recollect hearing any thing particular that took your attention?
Counsel. Give an account of what you heard and what you did.
Cobbs. I believe it was between seven and eight o'clock I was coming down stairs; I heard the cries of some woman, and as there is but a thin partition, I heard her say, I can't, I can't. I immediately ran down stairs and gave a knock at Mr. Brailsford's door.
Q. The fore door?
Cobbs. Yes; the men did not come so soon as I thought they might; I knocked again; two of them immediately came; Lennard is one, and I think that man with his hair tied (Guy) is the other; they did not come to the street door, they lifted up the sash of the fore parlour window on the ground floor; they did not come out; I asked to speak with the maid; they said she was not in the house; I asked where she was gone? they said she was gone somewhere, they did not know where; I asked them what woman they had got in the house that was screaming so; they said there was no woman at all in the house, only a girl that was drunk spewing all over the floor.
Q. Who said that?
Cobbs. Lennard said that; I said do not tell me of a girl being in the house spewing all over the floor, I won't cease till she is out of the house; they shut down the window and bid me go along about my business.
Q. Which shut down the window?
Cobbs. I think Lennard, but am not sure. I went into the house where I lived and shut the door, and went into the garden to listen if I could hear any thing of her there, but could not; Mrs. Sandys and Miss Wyat came and knocked at our door; I went down and opened the door to them.
Q. What part of the stairs was you standing on when you first heard these cries?
Cobbs. The two pair of stairs; when I came down the two pair of stairs I heard these cries.
Q. You called them screams, did you hear any more screams?
Cobbs. Not in the house; Mrs. Sandys and Miss Wyat asked me what was my reason for knocking at the door and putting myself in such a passion; I told them the men had got some woman in the house, whom I believed they were not using well; Mrs. Sandys said she would go to the officer's, to Mr. Vere, and fetch him; when she was gone, the mob raised before the door, and then they let Miss Boss into the garden.
Q. What raised the mob, the outcries or the knocking at the door?
Cobbs. There was a woman stood opposite that heard what I said.
Q. I suppose the information spread and that was the way the mob was raised?
Q. Did you see Miss Boss when she was in the garden?
Cobbs. When she was at the bottom of the garden, the gate that leads into the park, I saw her crying , wringing her hands, and begging to go out; the man said he had not got the key.
Q. Was any body with her then?
Q. Do you recollect whether he had hold of her?
Cobbs. I do not recollect.
Q. How did she appear?
Cobbs. She had no cap on; she had a handkerchief tied about her head; she had neither apron nor handkerchief on.
Q. How did she appear as to her mind, as to her manner of behaviour?
Cobbs. I really thought she was drunk, but next morning seeing her in such great distress, I then thought she was not.
Q. The next morning was her distress and behaviour the same as it was that evening when you saw her first in the garden, when you supposed her to be drunk?
Cobbs. Yes, it was of the same sort.
Q. Did you attempt to give her any assistance to get over the garden wall into your house?
Cobbs. While John Lennard was gone back for the key of the gate, I called to her, and said I would try to pull her over the wall; she immediately came to me; the men came so quickly back with the key, and having threatened me before, I desisted.
Q. Where had they threatened you before?
Cobbs. Two of them came into the garden before, with two drawn swords; a gentleman that stood by me d - d them, called them a parcel of villains, and asked them why they would not let the woman out; that gentleman was in my master's garden.
Cobbs. He is some captain of a ship.
Q. Do you recollect which they two were?
Cobbs. Lennard and Guy.
Q. What answer did they make?
Cobbs. They d - d him for a villain, and said if they had him there they would run him through the liver, or something to that purpose; on his coming back so soon with the key I let go of her; I had hold of her hand; they had got down together to the gate, she begging and praying to be let out; I not knowing whether he would let her out or not, called to the centinel standing in the park; upon his coming up, Lennard opened the door and let her out.
Q. The other two prisoners were not in the garden at the time she was let out?
Cobbs. No, I only saw Lennard.
Q. Which of them was it d - d the gentleman, and said if they had him there they would run him through the liver?
Cobbs. I think Lennard, but I will not be positive.
Q. Was there any threat made use of to you about holding her hands?
Cobbs. Not, that I know of.
Q. This young lady continued at your master's house all night?
Q. What was her situation during the night?
Cobbs. I brought her into the parlour, and set her down on the chair; she wrung her hands, and cried, and said she was ruined and undone for ever.
Q. What time of night might this be?
Cobbs. Between nine and ten, almost ten.
Q. Did she tell you the particulars of what had happened to her that night?
Q. Did you think she was sober then or drunk?
Cobbs. I really thought she was drunk; I thought she had been drunk, but by her behaviour in the morning I had reason to think she was not.
Q. What shop did Mr. Brailsford keep; what business did he follow?
Cobbs. I believe no business at all.
Q. Was it from her appearance only that you thought she was in liquor that night?
Q. Did her breath smell of any strong liquor?
Cobbs. No; it was the treatment that she had received I believe that made her behave in that manner.
Q. What time was this?
Walters. Between seven and eight in the evening the 15th of June; Lennard came to the parlour window; I asked for Mr. Brailsford; he said there was no Mr. Brailsford there, in a slight answer; I said I had a demand upon him; there were a few people about the house; in about four or five minutes Guy came out with a drawn sword or cutlass or some such weapon, and asked who wanted Mr. Brailsford; I told him I did, I had a demand upon him; he said he would pay me, or some slight answer.
Q. Did he stand in or out of the house?
Walters. He stood at the entrance of the door, with the door in one hand and the cutlass in the other.
Q. What did you understand by that?
Walters. I said put down your sword and come here; I do not know but I am as good a man as you; and I might swear an oath I believe; he shut the door; then I went through the gentleman's house adjoining to Mr. Brailsford's; he was a foreigner; he did not understand much of English, and they told me there was a woman there, they were using very ill; there is a wall that parts the garden of Mr. Brailsford's and this gentleman's; it was so high, I could not look over it; there was a settle or chair, I stood up upon it; the injured lady that I supposed to be, was then in the parlour; I heard her say to somebody you have ruined me! you have ruined me! this was about eight o'clock as nigh as I could guess; then I went to the door again, and said it was a pity but somebody would go to a Justice of peace and take the woman out by force: I came through the garden again and heard the lady still exclaiming in a deplorable condition, making an outcry in the same manner as before. I heard one of them saying d - n you what are you crying about, why don't you lace your stays up?
Q. You cannot tell which said that?
Walter. No; there was another made answer and said d - n you what are you crying about? we will not hurt you, here is a bed in this house, you may lie in it.
Walters. I think it was; but I cannot be positive; I went to the door as formerly, and there were a great concourse of people there; I lifted up my foot to the door to see if I could push it open, but I could not; I went back to Mr. Giddes's garden again; there is a terrace there; I stood upon the top of the terrace, it is a kind of a mount, and called to them and asked them why they did not let the woman out; they said there was no woman in the house; all the three prisoners came out together; one of them said so.
Q. One of them in the hearing of the rest said that?
Walters. Yes; one advanced further to the terrace than the rest, I cannot tell which.
Q. Did he speak loud enough for the other men to hear?
Walters. Yes, or else I could not have heard him where I was; I said there was a woman in the house, for I heard her cry; I went through the garden and went round to Mr. Brailsford's back door; when I returned back again the woman was brought into the garden; I came back again and told them if they would not open the door, we would haul the woman up over the wall.
Q. Which was with her when she was brought out?
Walters. I believe two men; I cannot positively say who; the woman that was | standing by, I believe; had hold of Miss Boss's hand; she called to me for assistance, and before I could possibly come she let go her hand; then I told them if they did not let the lady out immediately I would call to the sentry.
Q. This was about half an hour or twenty minutes after eight?
Walters. I cannot be positive to the time. Then I went round and looked through a hole in Mr. Brailsford's back door, and saw her there crying and wringing her hands, and one of the prisoners said they had no key; then I came back again, and by the time that I came back she was let out.
Q. When you first saw these three men come into the garden upon your calling out, had they any arms?
Walters. Yes; they had at that time all three cutlasses in their hands.
Q. Did you see her in Mr. Giddes's parlour?
Walters. No; her hair was all loose, her stays all loose, and her handkerchief off; I asked her how she did? she said, where am I got too? The woman that had her, wished me good night and I came away.
Q. How did she appear?
Walters. In much distress of mind; before I saw her I talked with the three prisoners, and asked them how they could be so base and so vile; to use a woman ill; they said they had used no woman ill; that was just as they let her out; I was on the top of the terrace when they let her out.
Q. Which said that?
Walters. Guy; then the other made answer, O let him alone, he is some barbering son of a bitch or another; he took me to be a barber I suppose.
Q. Did both of them say so?
Walters. Yes; I did not know at this time that the woman was out; they were in their garden then; I told them they were quite mistaken, for if I saw them in another place I would convince them to the contrary; one of them was coming over the wall with his drawn cutlass; it was then duskish; I cannot tell which that was; and as I came close by the wall he made a blow at me; I came down from the terrace and then met Miss Boss.
Guy. I know Miss Boss left the place between six and seven.
Q. from Guy. Was I ever in the garden?
Walters. They were all three there twice.
Q. from Lennard. Whether he saw Miss Boss in the garden when he came on the terrace, and who let her out?
Walters. I cannot tell who let her out.
Q. from Lennard. Whether he saw us three at the bottom of the garden?
Walters. Yes; two went after the keys to let her out.
Q. Where was you then?
Goodland. In Mr. Giddes's garden.
Q. Did you hear her scream as from the house?
Goodland. Yes; then I saw two men and her come out of the house with cutlasses in their hands one on each side of her.
Q. Which were they?
Goodland. I cannot tell their persons; after that one man came out with a cutlass; there were three in all out. Mr. Walters, and the girl with me, asked why they did not let the lady out; they said they could not find the key
Q. She was at the same side of the wall at the time of this expression as the prisoners?
Q. Then if they had chose to hurt her they might?
Goodland. It was spoke to us; to the servant maid, I believe.
Sandys. Yes; I keep a house in the same street. I went between five and six o'clock to enquire for Miss Boss, being informed in the morning that she and the maid were left in the house: I went first to Mrs. Wyat's; she told me the affair that had happened; there was Miss Boss's servant maid; she said she would not lie in the house another night for a great deal, from some behaviour she had seen the night before.
Q. Did she explain what that behaviour was?
Sandys. No; I did not ask her, nor did she explain any thing; I then thought it was unsafe for Miss Boss to be there all night; I had no intention before of asking her to come to my house; I asked Mrs. Wyat whether I should be admitted to go over and ask Miss to come to my house; her daughter went with me to Mr. Brailsford's; Lennard opened the door to me.
Q. What time of the day was that?
Sandys. Between five and six I believe; I asked him if Mr. Vere was there, knowing him; he said no; I asked for Miss Boss; he said she was just gone out; I replied, good God, which way can she be gone, she promised to come over to Mrs. Wyatt's to drink tea; I think it very ungenteel of her: she did not come out of this door or else we should have seen her; no, says he, ma'am, she is gone into the park with a small bundle in her handkerchief; I asked him if he thought I could overtake her, and how long had she been gone; he said six minutes; I then begged of him to let me out at the garden door; he ran to the door with me; when he came he had forgot the key; I went to the garden, but the door was locked; he returned and brought the key and let us both out.
Q. You did not hear any noise in the house as you passed through.
Sandys. Not the least; I enquired as soon as I got into the park, of a man that was working there, if he had seen a young lady come into the park; he said there had not that half hour; I went round the park and looked for her; I came home then, and went down to enquire, being uneasy on account of what I had heard the maid, express; I went again a second time; I enquired for Lennard, as I had seen him before; he came to the window; I asked him if Miss Boss was come in yet; he told me no; he flung up the sash of the hall window; I asked him if she left word when she should return, and left word for him to tell her when she came in, that I wanted to speak to her; one of them, I think Graves, said, I could not speak to one that was not in the house; I did not rightly observe who that was, as I did not then suspect her to be in the house.
Q. That was not Lennard?
Sandys. No. I went for Mr. Vere, and brought him down about ten o'clock at night, or a little after; they acquainted me then that she was got out, and the manner in which she had been got out. I went to Miss Boss to Mr. Giddes's.
Q. How did you find her?
Sandys. In great trouble, wringing her hands, and saying she was ruined and undone for ever.
Q. Do you know what became of the maid that you saw at Mrs. Wyatt's?
Sandys. I never saw her afterwards.
Q. Was she gone from Mrs. Wyatt's before you went out?
Sandys. I believe I left her there.
Q. Did she appear to you as a person in distress or in liquor?
Sandys. In distress entirely; I was clear of it.
Q. Perhaps as you have known her long you can inform us whether she is a person addicted to liquor?
Sandys. Not in the least; I would not say it for the world if I did not think so; I have heard my husband speak much of her being a very sober, virtuous, spotless girl.
Q. Did you ask her that night in what manner she was undone?
Sandys. There were so many people about, a gentleman or two, that I did not thing it was so proper; I was happy she was so safe out of the house. Next morning Mr. Giddes's maid came to me, and told me the trouble that
Q. Was she in bed when you came to her?
Sandys. Yes, crying, and in the greatest distress I ever saw; then I said what has these villains done to you; I was in hopes last night you had got out of the house in good time, and had not been injured; O said she one man! one man! well, what has this one man done to you; Mr. Giddes's maid sat at the side of the bed; I looked at her to leave the room; she did; then I asked her if this one man came into the room; she said yes; I said, did he dare to come to bed to you; she said he did; did he dare to do all that was bad to you; he did Mrs. Sandys. I expressed to her she ought to get him punished; and asked her what defence she made for herself; she said she did all in her power; nay, says she, once I caught him by the throat, and then, says she, I was in hopes I had done for him; that was all she expressed of the affair to me that morning.
Q. Did you that morning, or at any other time, examine Miss Boss?
Sandys. I did not examine her.
Q. Had you occasion to look at her linen?
Sandys. I did not.
Court. The question you asked Miss Boss was this, did he dare to come to bed to you? had you the curiosity to enquire about what time this was?
Sandys. No; I said I would send some more able persons to discourse with her.
Q. The next day did you see Miss Boss at Mr. Giddes's?
Q. Had you any conversation with her the day following?
Wyatt. Yes, I had, about ten o'clock in the morning, I believe.
Q. Was she in bed or up?
Wyatt. She was up; she appeared very much in distress.
Q. Who was in the room with her?
Q. What account did she give you?
Wyatt. I asked her how she did; she said she had been very ill used by these men; I asked her in what manner; has any of them lain with you? she shook her head in a great deal of distress, and said yes. I turned to Mary Cobbs and asked her whether Miss Boss had told her that any of the men had lain with her; she said yes. I said if any one particular man has used you ill, and has ravished you, and had any knowledge of your body, in justice to yourself, and in justice to the world, take him up.
Q. Did she tell you any thing of the particulars of it?
Wyatt. Yes, she described the man which I believe to be Lennard.
Q. Did she say whether it was by her consent?
Wyatt. I asked her that, and she said no, very far from that; I told her a man's life was depending, and she ought to take care and be particular.
Q. Did you ask her about what time it happened?
Wyatt. She said, to the best of my knowledge about tea time; when she was to have come to me.
Q. Did you examine her?
Wyatt. Only by words.
Q. Did you look at her linen?
Q. You had been acquainted with her a great while?
Wyatt. About three or four weeks: I keep a shop on the other side of the way.
Q. Did you ever see her disordered in liquor?
Q. Did you ever hear she drank?
Q. What is become of the maid servant, do you know?
Wyatt. She went away after she had drank two or three dishes; I have seen her but once since?
Q. Was she examined then?
Q. Did Miss Boss the morning following particularize to you how she found herself?
Wyatt. That the man had used her very ill; she described that she was very much disordered, very much swelled and sore round her waist, and with great difficulty made her urine.
Q. Did the maid servant explain what she meant by the bad behaviour she had seen in the house?
Wyatt. No; it was because of an alarm or disturbance the night before.
Q. from Lennard. What did you go there for?
Wyatt. There was a trifle owing me: I keep a shop; I asked Miss Boss about it; she seemed
Lennard. Let her tell how Miss Boss and she got drunk together.
Wyatt. I will tell your lordship all that passed: Miss Boss told me she had nothing to give me; I said ma'am, I don't want any thing; I went up stairs and enquired of the men after Mr. Vere's family; when I came down again she had a bottle of rum; she endeavoured to draw the cork; she could not draw it, and I either broke it or pushed it in, and she gave me a little of the rum, about the 6th part of a gill; Miss Boss was sick; I advised her to drink a little; she drank a little but brought it up again.
Q. How long did you set together?
Wyatt. Not a great while.
Q. Did you see her drink any more rum but that little you mentioned.
Q. Did you drink any more?
Wyatt. No, I did not.
Q. Had you and Miss Boss drank rum together before?
Wyatt. I never drank any thing with her before.
Q. Was the bottle of rum full when it was opened?
Wyatt. I cannot tell; I went again in the afternoon to see for her; I believe about two o'clock.
Q. Did she appear to be perfectly sober?
Wyatt. I do not know any thing to the contrary, but she was uneasy about Mr. Brailsford; I attributed it to that.
Q. Did she appear to you to be perfectly sober or otherwise?
Wyatt. She appeared to be very unhappy, and said she did not like to stay in the house.
Q. Did you think her perfectly sober in the afternoon, or otherwise?
Wyatt. I thought her so the same as in the morning, only distressed upon Mr. Brailsford's account.
Q. Did she talk coherently and sensibly?
Wyatt. Very sensibly.
Q. How was she dressed when you first came in the morning?
Wyatt. In a black silk night gown.
Q. Was she laced?
Wyatt. I cannot say; I do not take particular notice of people's dress.
Q. Had she a cap on then?
Q. Had she a handkerchief round her bosom?
Q. What room did you go up into?
Wyatt. In the first floor back room I believe.
Q. She said she had got nothing to give you for they had got the keys, where did she get rum from?
Wyatt. When I came down I asked her where she got it; she said I asked them for it, and I believe it was Lennard gave it her.
Q. How long might you stay with her the second time?
Wyatt. I believe about half an hour.
Q. You had a good deal of conversation with her at this time?
Wyatt. I desired she would dress herself and come over to me.
Q. Was she up or lying on the bed?
Wyatt. Sitting down upon the bed when I was there, and I would have had her lain down and composed herself, as she said she had had no rest the night before; she said no, she could not think of sleeping in the house.
Q. Did she ask you to drink rum this afternoon?
Q. Where have you seen the maid since?
Wyatt. She went down to go to her lodgings; she said she had to go as far as Temple Bar.
Q. Where was Miss Boss when you came in the afternoon?
Wyatt. In the kitchen to the best of my knowledge?
Q. Were the men with her?
Wyatt. I did not see the men with her; that was the first time I was there I saw Lennard in the kitchen doing something; he said nothing to me nor to her.
Q. Did she drink nothing in the afternoon?
Miss Boss is sent for into Court again.
Q. You was certainly very much frightened and distracted at this outrage offered you; what was the first thing you recollect after the time this fact was committed; where do you recollect finding yourself?
Q. Now can you recollect how you got into the parlour?
Boss. I cannot.
Q. What are the circumstances that you recollect first to have happened in the parlour?
Boss. Nothing more than his behaviour, that being bad, and bad language.
Q. Do you recollect, during the time you was in the parlour, making use of those expressions I can't, I can't.
Boss. I do not recollect those expressions.
Q. You remember some particulars very correctly, can you recollect whether you was lying down or not in the room above stairs when Lennard came in?
Boss. I believe not.
Q. Can you recollect?
Boss. I cannot.
Q. You was asked whether you could recollect the circumstances of having drank some rum and water before this fact was committed; you said you did not, but was not sure whether you might ask for some when you thought you was dying?
Boss. I don't recollect whether I did or not.
Q. Do you recollect drinking any thing in the morning?
Boss. Mrs. Wyatt was there in the morning, I was exceeding sick; I drank about a spoonful, which came up almost as soon as I had drank it.
Q. I think you said when I asked you whether any civilities passed between you and him, you said he was rather civiler than he was the night before?
Boss. My maid said something; they were up in her room; Mr. Housman was to have staid to defend me and they sent him away.
Q. Did the maid lie with you the night before or by herself?
Boss. By herself.
Q. And you laid by yourself; did you fasten your bed chamber that night?
Boss. No, I never do.
Q. Where did you get this bottle of rum from?
Boss. From Lennard.
Q. Did you drink any more of the rum, either in the morning or in the afternoon, besides that quantity, when Mrs. Wyat was with you?
Boss. I did not, unless it was when I was insensible, and did not know whether I had it or not.
Q. What did you do with that rum after Mrs. Wyat went away?
Boss. I left it on the kitchen dresser.
Q. You said you had nothing the whole day but the tea and bread and butter, where had you the tea from?
Boss. The maid went out and bought it?
Q. How long was it that you recovered your recollection, before the time you was let go?
Boss. I really cannot tell.
Q. It seems extraordinary, that you should have no recollection after the fact, till you found yourself in the parlour; do you apprehend you was in a fit?
Boss. I really cannot tell.
When I was put in upon the execution by Mr. Vere, these two gentlemen were in first; and Mr. Vere not finding them sufficient people to take care of the premises, left me to take care with them; a man in boots, I do not know him if I was to see him again, was along with Miss Boss, and had been with her all day, Houseman I believe his name is, I did not know him, what he was, nor ever asked him what he was; they dined together in the back parlour; we had some cold veal together; this was the 14th, the day the execution came in; after they had dined they went up stairs together, they drank pretty hearty below; then they took up a bottle of rum and the glass with them, and I never saw Miss Boss, nor this Housman, till two in the morning; then we three went up stairs to know the reason of his staying there so late, he said he was left there to take care of Miss Boss; I said his pulling his boots off to get into bed to her was no care at all of her; he had one boot off and was pulling the other off, and Miss Boss was very drunk; we told him he must come out of that room; he said he would be there; when he found we would not let him be in the room he drew the other boot on, and came down stairs; then he said, now you villains, when he got to the door, I will bring people that shall get you out of the house: it was our business to take care of the sheriff: presently after I heard a double tap at the door; I heard Housman say he was there: he brought a whole parcel of people there: we would not open the door to him, he staid there from a quarter before three knocking at
I was in the house, in possession, at the same time, and this Miss Boss went up stairs; he and I led her up stairs; she laid herself upon the bed, and he left her: he carried her some rum and water as she asked for; I came down that instant, and never saw her from that time till about five in the evening. People knocking at the door, and throwing mud at the door, we brought down cutlasses to defend ourselves.
I was in possession the same as the other; she got drunk on the 14th about one or two. Lennard said it is not proper for this stranger to be in the house; we don't know what he may do in the night. We went up stairs; he was sitting upon the chair, and his elbow upon the side of the bed: Lennard asked him what he did there: he went away, and said, on the other side of the door going out, I will take care in a short space of time none of you three shall be here. In about half an hour after he got four or five men, and made a great deal of noise at the door, but they could not break it: there was quite a mob. The next day he came again. Lennard had a key of the back and front door, and the wine-cellar: he let them in; he said I beg pardon, it was the liquor that did it: they dined, I think, in the back parlour; she got herself intosticated in liquor very much; they went down stairs: these men and I played at cards in the front parlour; the man went away; this old gentlewoman (Mrs. Wyatt) and she went down stairs; which way they were carried up stairs I cannot say.
Q. to Mrs. Wyatt. You have heard what Lennard says, that you went down into the cellar, took a bottle of rum from the puncheon, and drank so plentiful that you was quite drunk, and fell down in the passage?
Wyatt. I am upon my oath: I was as sober as when I got out of my bed.
Q. Did you go down into the cellar to get the rum?
Q. Did you give Lennard any of the rum?
Q. Was you at all drunk?
Wyatt. No more than when I was born.
Q. Nor the second time when you went there?
Q. Did you give Lennard any rum?
Wyatt. None at all. I do not know that he was in the room.
Mrs. Sandys again.
Q. When you was at Mrs. Wyatt's do you think she was in liquor?
Sandys. No; perfectly sober: I have known her 15 years, and know her to be a sober woman. I can bring several of my family to vindicate her in that respect.
Q. How is Miss Boss connected with Mr. Brailsford?
Houseman. I always understood as a boarder and lodger.
Q. Was he her guardian, or had he the care of her estate?
Houseman. I do not know.
Q. What are you?
Houseman. An acquaintance of Mr. Brailsford's. I have a set of mills at Berkhamstead in Hertfordshire.
Q. Are you married or single?
Q. How came you to be left in this house?
Houseman. At the request of Mr. Brailsford.
Q. Did you dine there on Monday?
Houseman. Yes; in the further parlour.
Q. With whom?
Houseman. Miss Boss and the children; they were there then.
Q. What drink had you at or after dinner?
Houseman. I believe there was wine on the table, and I believe we might drink about two glasses apiece.
Q. Had you any rum?
Houseman. No; I saw no rum.
Q. How long might you stay after dinner in the parlour?
Houseman. About a quarter of an hour, as near as I can recollect. I was in and out of the house several times in the afternoon; I went to enquire for Mr. Brailsford.
Q. Did you go up stairs with Miss Boss?
Houseman. No, I was not till evening; and then a gentleman of Mr. Brailsford's acquaintance called me up in the evening, (this was night) and desired me to take care of Miss Boss.
Q. Had you your boots on?
Q. What time in the evening did you go up to her?
Houseman. I believe about twelve o'clock at night, that gentleman when he went away called me up.
Q. Was you acquainted with Miss Boss before, or only with Mr. Brailsford's family?
Houseman. I have known of her being there for, I believe, a year and a half, but I never conversed with her, till within a few months that I had been in town about some particular business, and frequently called there.
Q. Did she continue below stairs or above?
Houseman. Below stairs, while I was in the house.
Q. Had you and she drank any rum from the time you was below till you went up stairs?
Houseman. No, none at all.
Q. What room did you go into?
Houseman. It was the first room.
Q. A bed-chamber?
Houseman. It was a bed-chamber.
Q. Was it her bedchamber?
Houseman. I apprehended it was Mr. Brailsford's bedchamber where he and his wife lay.
Q. How long might you stay there with her before these people came up?
Houseman. Three or four, but not exceeding five minutes, I am certain.
Q. Had you any liquor there?
Houseman. None at all.
Q. Had you pulled off one of your boots?
Houseman. No, nor never attempted it.
Q. You had no liquor there?
Houseman. None that I know of; I had none I am sure; I saw none; they came up stairs, and one of them tapped at the chamber-door; I was sitting upon the chair.
Q. The door was shut?
Houseman. The door was shut. I was sitting within two yards of the door; they demanded of me the keys of the cellar. I told them I had no keys. But, said they, if you have no keys, you can get us the keys. I said, I had none; I cannot get them; I won't get them; that I had no business with keys of any sort; they
Q. from the Jury. Was it the women or men you meant to get out of the house?
Houseman. The women.
Q. Was you with Miss Boss next day?
Houseman. Yes, I was.
Q. Had you any liquor with her next day; did you drink any rum with her?
Houseman. No, nothing at all that I remember.
Q. Did you make any apology to the officer, and say you was in liquor the night before?
Q. Did you drink any rum with Miss Boss on the Tuesday?
Q. Did you see her drink any?
Houseman. She drank none in my sight.
Q. Did you see her on Monday drink more than two glasses of wine?
Houseman. I don't recollect I did.
Q. On the Tuesday did you see her drink any rum?
Q. What time did you leave her on Tuesday?
Houseman. About eleven in the forenoon.
Q. How came you not to take her away on Tuesday as you was so uneasy about her on Monday?
Houseman. I desired her to go away; she was washing some little things; she said as soon as she had got them dried she would go away.
Miss Boss is brought into court again.
Q. Do you recollect this disturbance about Mr. Houseman's being turned out about twelve o'clock at night; if I understand you right your maid, after this disturbance, went into one bed and you into another?
Q. I think you said you did not lock or fasten your door?
Boss. I did not lock my door.
Q. Have you no fastening to it?
Boss. There is a latch.
Q. How came you and your maid to lie sepa ate, after they had turned your friend out, and you not to fasten your door?
Q. I really cannot tell, I never do fasten my door.
Lennard called Peter King and Thomas Vere , two sheriff's officers, with whom he had lived servant , who deposed that they had put him in possession of several houses, and had never heard any complaint of his behaviour; he also called Richard Berridge , a marshal's court officer, who had known him seven years; John Hall, with whom be had lodged eleven years, and - Fletcher, whose house he had been in possession of seven weeks, two of which he was accompanied by Graves.
Guy called Thomas Vere , with whom he had lived; Benjamin Freeman , to whom he had been a tenant five years, and John Huntley , who had known him six or seven years, who all gave them exceeding good characters as to their honesty, and the decency of their behaviour.
LENNARD guilty . Death .
GRAVES and GUY guilty as accessaries after the fact. B . and Imp. 12 M.
365. (M) ELIZABETH LLEWELLIN was indicted for stealing a silk purse, value 6 d. 4 pieces of foreign gold coin called double louisdores, val. 8 l. 8 s. two single louisdores, 1 guinea and 14 pieces of foreign copper coin, value 1 s. the property of Andrew Decoff , June 27th . +
The prosecutor (a Russian) could not speak English, therefore an interpreter was sworn.
Andrew Decoff . I met with the prisoner on the 27th of June, half after eleven at night in St. James's street, I took her with me into the Horseshoe and Last, there we drank two bottles of wine; I went out into the street; there familiarities passed between us; she all on a sudden run away in a great hurry, before my breeches were
Q. Where was the other woman, when you went out with this woman?
Decoff. She was gone; I was twice with her first; I gave her 2 s. and then 1 s. 6 d. more; then I changed a guinea out of my purse. I had shewed my purse to the people I was in company with; the other woman came and informed me she could give intelligence were the woman was that robbed me; I got a warrant and she was taken up; I am sure she is the woman that was with me, and ran away in the manner mentioned.
David Bynham . Upon the 30th of June I had a warrant against the prisoner; there was a well dressed woman undertook to shew me the prisoner; she carried me to her lodgings in Petty France; I said I had a warrant against her; she said she had done no harm to any body; I searched her; I found nothing material upon her; I took her from the room to the public house; I searched the house again and then found 14 pieces of copper coin in a little tin box upon the mantle piece in the room; the prisoner said she had had some pieces of such money as this in the room six months before.
- Clarke. I was along with Bynham the second time; I found these pieces of money (producing 14 pieces of foreign copper coin); the prisoner said she had them of a foreigner a long time ago.
Prosecutor. Some of the coin is Geneva, some French, I lost exactly 14 pieces; this piece (pointing it out) I am certain is mine.
I met the prosecutor about ten at night; I drank a bottle of wine with him at the Horseshoe and Last; his fellow servant came up and asked him to drink; I went away and staid an hour and a half; I came back and met his fellow servant again; he asked me to go and drink a bottle of wine with him then; I went with him and he was there drinking the bottle of wine with this woman; his fellow servant asked him I believe if he was going to stay there; they were both of the same livery, I did not rob him; the girl and he went up the street together.
Interpreter. He is a valet-de-chambre to a Russian Prince.
Guilty . T .
396. (M.) JOHN GOFFEE was indicted for that he in a certain field and open place near the king's highway, upon Mary, the wife of Abraham Chappell , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person six halfpence and one farthing, the property of the said Abraham, from the person of the said Mary , May 8 . ~
Mary Chappell . I am the wife of Abraham Chappell , who lives at Winchmore hill, in the parish of Edmonton: my husband is a day labourer . On the 8th of May, about ten o'clock in the morning, I was going towards Tanner's End ; I was in a field near the highway, in the common foot path; Sarah East and Mary Chappell , my husband's sister, were with me. I met the prisoner in the field; when he came up to us; he said ladies you must stop here; upon which I asked him for what; he said he was in necessity, and money he must have, and would have by G - d; he held up a short clubbed stick to my head; I told him I had no money; upon which he replied again he must have money, or something else; which he explained to be monies worth; upon this I put my hand in my pocket and took out three-pence farthing; I held it in my hand; but before I had delivered it to him, Sarah East turned about, and said, here is Joe coming; she and Mary Chappell had walked away on the prisoner's coming up to them, and had got off, being much terrified, about the distance of forty yards; upon that he snatched the money out of my hand and ran away with it.
Q. Are you certain to the person of the prisoner?
Chappell. Yes: it was broad day light, ten o'clock in the morning, and I saw him go past my door about half an hour before I met him in the field. I had seen him three or four times before, but I never had any conversation with him in my life.
Sarah East . I was with Mrs. Chappell on the 8th of May: a man came up to us; I do not know whether it is the prisoner; I saw him stop Chappell; I went on before; he said you must stop here ladies. I did not see him rob her; I was frightened and ran away.
Q. What had he in his hand?
East. I did not see any thing that he had in his hand. I turned about, and cried, here is Joe a coming.
Q. What distance was you from the prisoner?
East. About forty yards.
Q. Did you ever see him before?
East. Not to my knowledge.
Mary Chappell . As I and Mary Chappell and Sarah East were going over the field, a man met us, and said, ladies you must stop here. I do not know the man; I never saw the man before I was with Mrs. East; when she said here is Joe a coming, then the prisoner went away; whether he ran or walked I cannot tell; I was frightened.
I did not meet these three persons. I was at a house; I went by the house they live in; I asked there for work; she told me, John, I have none; I had a pint of small beer given me. I followed these three persons; when I came into this field I did not know what to do, for I had not a farthing nor a bit of victuals; I pulled off my hat, and said, ladies, I must beg a trifle of you if you please; I asked in a civil way; I told her I was in a great necessity; I had no stick, only a little bit of a swish.
For the Prisoner.
Lewis Knight . I have known him almost two years before this: he always bore a good character; he got his bread very honestly; he has been drove to great distress; he came of a very good family. I searched into this affair; I went to this woman's house, the prosecutrix's, and she told me no farther than this, that he met her and asked her benevolence, pulled off his hat and asked her civilly, and she gave him threepence halfpenny, and told her if he had not been very poverty struck he should not have asked her.
Prosecutrix. It is not true: what I said to him I have said to you now.
Q. to Knight. What are you?
Knight. A shoe-maker by trade: I live at Enfield.
Guilty of stealing the money, but not guilty of the robbery . T .
397. (2 d. M.) WILLIAM GARDENER was indicted for that he on the king's highway, upon Jane Ellison , spinster, did make an assault, putting her in corporal fear and danger of her life, and stealing from her person, 2 s. in money, numbered, the property of the said Jane , May 28th . ~
Jane Ellison . I am servant to Mr. Tashmaker, at Edmonton. On the 28th of May, about six in the afternoon, I went to Mr. Brice's at Tanner's End for some pigeons: on my return, about half after seven o'clock, I met the prisoner in Love-lane , he had a bundle and a nosegay; he laid them down and laid hold of my wrist, and swore very bitter words, that he would do so and so with me; I said he should not.
Q. You must explain what you mean by his doing so and so to you?
Ellison. He offered to lie with me; I said he should not; I struggled with him and got away from him, and he ran after me and took me by the throat, and stopped my breath, and offered rudeness to me again; then he said, d - n you, give me a shilling, and I gave him one; then he said d - n you, give me another, and I gave him another.
Q. Had he any stick or weapon in his hand?
Ellison. No; then he went away. I am sure he is the man; I saw him again the same day, and knew him as soon as I saw him; it frightened me very much.
Upon her cross examination, she said he had a dark blue or black coat on; that she thought he was a corporal, because she had seen him before in his regimentals; that after she was robbed she met the serjeant, and serjeant major, and said she had been robbed, and described the man; that the serjeant said he believed he knew him, and that the serjeant pursued and took him.
James Stewart . I am a serjeant in the Middlesex militia; the prisoner is a private soldier in the same regiment: the serjeant major is quartered at the prosecutrix's uncle's house; we met her, and she said she had been robbed of two shillings, and had like to have been ruined; I asked her if it was by one of our people, and what sort of a man it was; she said he was a well set man, with a scar under his eye, and a dark blue coat on; I said to the serjeant major I believed it was Gardener. I took him next morning in bed; he cried and trembled very much, and said he knew nothing of it, that he never did any thing of the kind.
I know nothing of the woman; I never saw her in my life. Stewart is in necessity and trouble, and wants to get the reward. He
For the prisoner.
Jane Burgess . I have known the prisoner a month: my husband has known him four years. The prosecutrix came to me and said she had been used very ill in Love-lane, by a fellow that wanted to lie with her; I said I hoped he did not lie with her; she said no; she said he asked her for a shilling to drink her health when he came to town; she said she pulled her glove off, and took out two shillings instead of one, and then he wanted them both; she said he was one of our corporals, and had a black coat and ruffled shirt on.
He called three witnesses to his character: Elizabeth Wood , who had known him twenty years; Jonathan Wood , who had known him twenty years, and Robert Allen , who had known him ten years, and they all gave him a very good character.
Guilty of stealing the money, but not guilty of the robbery . B .
398, 399, 400, 401. (M.) WILLIAM HUDSON , JOHN FOWLER , ELIAS CHERRY , and WILLIAM BARRETT were indicted for breaking and entering the dwelling house of William Evans , on the 27th of June , about the hour of one in the night, and stealing a brilliant diamond ring set in gold, value 12 l. a brilliant diamond hoop ring set in gold, value 10 l. an emerald stone hoop ring set in gold, value 15 s. a garnet stone ring set in gold, value 5 s. an enamelled gold mourning ring, value 15 s. a pair of paste stone buckles set in silver, value 3 l. a pair of stone shoe buckles set in silver, value 30 s. a pair of stone shoe buckles, value 5 s. and a mother o'pearl buckle, value 3 s. the property of George Bagwell Ireson , Esq ; in the dwelling house of the said William . *
(The witnesses were examined apart at the request of the prisoners.)
Ann Evans . I am the wife of William Evans : our house was broke open between the 27th and 28th of June. Mr. Ireson rented a parlour, a dining room, and a back chamber: they got in at the fore parlour window; there were two outside shutters to the window secured by bolts; I fastened that window at nine at night, when I went to bed. The bolt was found in the yard wrenched off.
Q. You do not know what Mr. Ireson lost I supoose?
Evans. No. Between one and two in the morning I heard a noise in the house; I lie on the second floor; I got up, and saw a man upon my landing place with a mould candle in his hand: my bed chamber door was open; I went to the window and called the watch; I saw three men; one went out first upon my crying out; then three went out, and the last man that went out fired a pistol at me.
Q. Can you speak with certainty as to the man you saw standing with the candle in his hand?
Evans. I think that is the man (pointing to Cherry.)
Q. How far was he from you when you saw him?
Evans. About ten stairs. My husband is at Jamaica: he has been gone fourteen weeks last Thursday.
Q. Who fired the pistol at you?
Evans. The same I saw upon the stairs - Cherry.
Q. Why do you think it was between one and two o'clock?
Evans. When I got up I saw it was star light; they all went out and left the door open, and the last man fired at me.
Q. Do you know the persons of either of the other three?
Evans. No; as soon as I cried, watch! they immediately got out of the house.
Q. Mr. Ireson was not at home?
Q. from Cherry. Did you swear to me before the Justice?
Evans. I did not.
Q. from Cherry. She said she had never seen me to her knowledge.
Evans. No; I was not asked any thing about him.
Q. Was you asked before the Justice whether you knew any of the men?
Evans. Yes; I said then I thought Hudson was the man that stood upon the stair case and fired the pistol.
Q. What reason have you to think now Cherry was the man?
Q. Have you any other reason to alter your opinion?
Evans. No other reason; I believe I was mistaken then; I won't positively swear to Cherry.
Mr. George Bagwell Ireson . I lodged at this person's house: I took it by the quarter. I went into the country on Saturday night about four o'clock; on Monday morning this boy, who I employ as a foot boy, brought me word my house was broke open, and all the things plundered; I came back about seven in the morning; I missed the things mentioned in the indictment (repeating them); these things lay in a japan box in a wardrobe in my parlour, in the front room up stairs; the lock of the japan box was broke off; every bureau and desk I had was broke open, and every thing scattered about; they left a loaded pistol in my bed chamber.
Prosecutrix. And they left a candle on the stair case.
Q It was not day break then?
Gains. Yes, it was.
Q. So as you could discern a man's countenance?
Gains. Yes; there was an alarm from the window of murder! thieves! and fire!
Q. to the prosecutrix. Was the parlour door locked?
Q. Who had the key of it?
Prosecutrix. It was on the outside.
Gains. I ran to the house; I saw three men come out, and heard a pistol fired; I at first thought it was fired out of the window at the people, but when I came up I found it was a mistake; the first man I met was Fowler.
Q. How far was he from the house?
Gains. Five doors; that was before the pistol was fired.
Q. Are you sure Fowler was the man you met five doors from the house?
Gains. Yes; when I met him he struck at me with something in his hand, which I took to be a cutlass; I struck at him; he hit me on the shoulder; I had no mark on my coat or shoulder; I ran after the second, wh o came across the road and went over the bank. I drew out my pistol and snapped at him as he went across the road, but it missed fire.
Elizabeth Barber . I live next door to Mrs. Evans: about two o'clock I heard the cry of murder and thieves; I threw open my sash and cried fire immediately; I saw three men come out of Mrs. Evans's house.
Q. Was it break of day?
Barber. It was twilight; it was more than break of day: the first that came out was Barret.
Q. I suppose he went out in a hurry?
Q. I suppose you was in a flurry?
Q. Are you sure he is the man?
Barber. Yes, I took particular notice; he came out with his hat flapped in his hand; he turned round and looked up to see who was crying; and Cherry was the man to the best of my knowledge that fired the pistol at me; the shot entered the window two panes above my head.
Q. Are you sure he is the man?
Barber. I cannot swear down right, but to the best of my opinion he is the man.
Q. What business do you follow?
Barber. My husband is a sugar baker.
Q. to Mrs. Evans. I understand you the pistol was fired at you?
Evans. I cannot tell, we had both our heads out of the window.
Q. to Mr. Ireson. Did you examine the pistol that was left?
Ireson. Yes; it was loaded with two parcels of shot done up in paper; it was a rifle barrel pistol.
I went home about half after eleven o'clock that night; I had been walking about: I live in Bishopsgate-street. I have witnesses to call to shew I was in bed.
I had been drinking two or three pints of beer; I met Fowler and Cherry; they came out together, and were going to the Drake's Head; as we were going to the house, Sherwood's men pulled us; I thought they were in fun with us; they put us in the watch-house.
I feed horses for my livelihood at the coach stand.
Q. Do not you know he was convicted here, and had the king's pardon?
Patterson. I heard of it since I came into court.
Q. What relation are you to the prisoner?
Q. Can you speak to any time of his coming home at any certain day?
Burwidge. Last Sunday night was week Cherry was out; it rained very hard; I sat up rather later than usual.
Q. Did he lodge at your house?
Q. Are you a married woman?
Burwidge. Yes; I sat up till half after eleven; he did not come home quite so soon; it might be near upon twelve for what I know; he went to bed immediately.
Q. Who does your family consist off?
Burwidge. My husband is abroad.
Q. Upon your oath did not he go out again that night?
Burwidge. No; I locked the door when I went to bed, and put the key in my pocket under my head; I always sit up last; nobody can come in or out but as I let them.
Q. What business did Cherry follow?
Burwidge. When in service he drives a hackney coach .
Q. Why do you remember this night?
Burwidge. Because it rained hard; there was some wood in the corner, and he wanted to lay some upon the fire; I said it was too late.
HUDSON acquitted .
FOWLER guilty 39 s. T .
CHERRY guilty 39 s. T .
BARRET guilty 39 s. T .
402. (M.) MARY ADSHEAD was indicted for stealing two brass locks, value 4 s. seventy-two brass knobs, value 7 d. 3 lb. of iron, value 3 d. and twenty-three iron keys, value 2 s. the property of Mary Jones . *
The prisoner acknowledged the charge, but pleaded that she was induced to commit the fact through great poverty and distress.
Guilty 10 d. W .
John Morgan . I am a pawnbroker , and live in Manor-row, Tower-hill . On the 31st of May I lost five pair of crystal and paste silver sleeve buttons; I had put them in the window just before; Thomas Serjeant , who lives opposite me, brought the prisoner to my shop, and the buttons.
Thomas Serjeant . I am a cordwainer, and live near Mr. Morgan. On the 31st of May, about half after twelve at noon, I saw the prisoner and another lad about his window for half an hour together; I suspected them, and kept my eye upon them; at last I saw them close together doing something to the window; I believe they cut the glass; the prisoner took a card of buttons out and made off; I pursued him, and I saw him drop the buttons down a cellar. (The buttons produced and deposed to by the prosecutor.)
I was going along and heard somebody call stop thief! I stopt to see what it was, and this young man laid hold of me; I did not steal the buttons. I never was near the window.
Guilty 10 d. T .
404. (1st M.) ROBERT BROWN was indicted for stealing three linen shirts, value 9 s. three muslin neckcloths, value 6 s. and two pair of thread stockings, value 4 s. the property of Edward Pinches ; two muslin neckcloths, value 3 s. two linen shirts, value 4 s. and one silk and cotton handkerchief, value 1 s. the property of Andrew Parminster , June 30th .
Abraham Robbins . I am a farmer at Kingsbury : my house has been twice broke open; the last time was on Whit-Monday; I was alarmed in the night; I missed a shirt off the clothes; the door was broke open, and there was all the appearance of somebody having broke into the house.
Edward Williams , I am son-in-law to Mr. Robbins: my mother waked me; I jumped up, opened the window, and saw the prisoner run from the house; I put my shoes, stockings, and breeches on: I went out and saw a man behind an elm tree; I went after him; I traced him as far as Davis's; there I got intelligence of him, and then took him at the Black Lion, at Kingsbury; there were three more, which three were in the house; whether those two were in the house or no I cannot tell; the house is a lone house 30 yards out of the lane, and a considerable way out of the high road; there is no other house near it. When I took him, his white stockings were all wet and dirty, seemingly as if he had been going through wet grass. I am sure the man I took at Kilburn is the same man I saw at the door; I know him by the clothes, and one shoulder was higher than the other.
John Sket . I saw him go through the farm yard; I said old acquaintance where are you going? he said down to Kew Green. The people came after him; I described him to them, and it appeared he was the same man they were in pursuit of.
Robert Smith . I lie in the room over the room where the people got in; I was waked by a cluttering at the window; I saw three men in the house, neither of whom were the prisoner. I heard them unlock the door, and heard them afterwards go out; I saw these three men turn round the corner by the yard, and immediately afterwards the prisoner went away from the wall of the house and went straight forward.
I was going to Kilburn to see after a place; I heard it was disposed off, and so was returning back again.
The prisoner called three people who lived in White-cross-street, who said he lived in their neighbourhood, and gave him a good character.
Guilty . T .
Anthony Langford . I lost two sides of bacon and a sack. I met the prisoner between three and four o'clock at Shepherd's Bush; he got out of my waggon between Colnbrook and Newgate-market ; I missed it there; he seemed to be sweating; then he said he had been carrying a heavy bundle; he shewed us where he had left the bundle; it turned out to be a sack with two stitches of bacon, and then I secured him.
The waggoner deposed that the prisoner rode in his waggon to Hammersmith; that there he got out and had nothing with him then; that he supposed he threw it out of the tale of the waggon; and so when he got out he carried it off; he rode in the waggon and sat on the sack.
I got into the waggon at Colnbrook; then I got out to ease nature; I wanted the waggoner to stop; he would not stop. I was following him in order to overtake it; in my way I found this sack with two stitches of bacon.
Guilty . T .
The prosecutor was called, but did not appear; his recognizance was ordered to be estreated.
408, 409. (L.) JOSEPH RICHARDS, alias MONK , and WILLIAM CHERRY , were indicted for breaking and entering the dwelling house of Mary Brice , widow, on the 12th of June, about the hour of two in the night, and stealing two wooden casks, value 2 s. one gallon of anniseed, value 5 s. and a gallon of rum, value 10 s. the property of Mary Brice , in her dwelling house . +
Mary Brice , the prosecutrix, deposed, that she keeps the Green Dragon, a public house in Half Moon Alley, Bishopsgate-street ; that she was called up a little after two in the morning of the 12th of June ; that she saw her cellar window and her bar open,
Ann Trusler , who lives opposite the prosecutrix, deposed, that she saw two people loitering about the prosecutrix's door; that soon after she saw one of them strike a light in the skittle ground, and a little after that she saw one of them bringing some liquor over the tiles; upon which she alarmed the watch; that Cherry, who was on the outside, hid himself behind a coach; that the watchman went and took him, and asked the witness if she would give charge of him; that she told him the man that had broke the window was then in the prosecutrix's yard; that then the watchman let go Cherry, and went after the other, and found him bid under some straw in a gentleman's coach house.
Philip Moss , the watchman, deposed, that upon the alarm being given by Ann Trusler , he laid hold of Cherry, who was then standing behind a coach; that Trusler told him the thief was in the yard, upon which he let go Cherry, and went in search of the other prisoner, whom he found bid under several trusses of straw in Mr. Chester's coach house, and that he took Cherry on the Tuesday following, and that he is positive Cherry is the person he saw behind the coach. (The kegs were produced and deposed to by the prosecutrix).
Richards, alias Monk, said, in his defence, that he went into the coach house to sleep, and knew nothing of the breaking of the house, and never saw Cherry in his life before.
Cherry, in his defence, said, that he was going into the hay loft to sleep; that when the woman cried thieves, he stood still till the watchman came, who discharged him.
Cherry called five people, who gave him a good character, except one, who said he had been tried for a rape, of which she believed that he was not guilty.
Both guilty of stealing the goods, but not guilty of breaking and entering the dwelling house . T .
Thomas Fielding . On the 17th of April I lost some linen shirts out of a box in a two pair of stairs room where I lodged; I had seen them about ten days before; the maid told me the box was broke open; I missed the things and went to Sir John Fielding 's, and got a warrant on suspicion against the prisoner; the prisoner went from his lodgings that night, and did not come home again till three days after; he wrote a letter to his mother informing her where I might find the shirts; I received one shirt from the brother, and found another at Mr. Pershall's, a pawnbroker in Stanhope-street.
Hitchen. I went to Mr. Pershall's, and he delivered the shirt to me; I have kept it ever since. (The shirt deposed to by Fielding.) He confessed before Justice Kelynge, at Sir John Fielding 's, that he stole five shirts, and said he did it for want.
The box was open when I went into the room; I lodged in the house; it is a public house; I was in want and took them to buy me some victuals.
Guilty . T .
411, 412, 413. (2 d M.) LYON LYONS, otherwise LIFE LYONS, otherwise LEVI LYON , JOHN COLBY , and EMANUEL PEAL , (together with FRANCIS TALBOT , not in custody) were indicted for breaking and entering the dwelling house of William Ewer , Esq ; on the 1st of April , about the hour of one in the night, and stealing four pair of silver candlesticks, value 33 l. one pair of steel snuffers with silver handles, value 5 s. one silver snuffer dish, value 10 s. four pair of silver salts, value 3 l. 13 s. four silver salt spoons, value 5 s. two silver sugar baskets, value 30 s. one silver strainer, value 8 s. four large silver waiters, value 25 l. six
All three acquitted .
414, 415. (M.) JOHN VICKERS and JAMES READ were indicted for breaking and entering the dwelling house of Henry Pratt , on the 12th of June , about the hour of two in the morning, and stealing 720 copper halfpence, the property of the said Henry, in his dwelling house . *
Both acquitted .
They were a second time indicted for breaking and entering the dwelling house of Henry Pratt , on the 6th of June , about the hour of twelve in the night, and stealing 120 copper halfpence, the property of the said Henry, in his dwelling house . *
Henry Pratt . Before my wife came down, at six o'clock in the morning, the door of the area hole in my cellar was lifted off the hinge; the cellar joins to the tap house; by that means they got into the house; I found the bolt of the sash put back, and the till broke open, as I apprehend by the lock being pushed down by a pen knife.
Mary Pratt . I went to bed last, about twelve at night; I am sure I bolted the sash that night; as to the tap room door, that goes into the cellar; it is always left open; I am not sure the door of the area hole was bolted; that night I left five shillings in the till, and locked the door in the bar; in the morning the halfpence were lost.
- Porter. Vickers said before Justice Wilmot they got in twice by the cellar window; the two first times he said they took a quantity of halfpence, about 30 s. Read said he had been with him twice; he had about 8 s. in halfpence; he was very ill.
The prisoners, in their defence, denied the charge, but called no witnesses.
VICKEKS not guilty of breaking and entering the house, but guilty of stealing the goods . T .
READ acquitted .
(M.) They were a third time indicted for breaking and entering the dwelling house of Henry Pratt , on the 20th of June , about the hour of twelve in the night, and stealing twelve copper halfpence, the property of the said Henry, in his dwelling house . *
Both acquitted .
416, 417, 418. (M.) JOHN LOCK , STEPHEN MARCHANT , the Younger , and STEPHEN MARCHANT , the Elder , were indicted; the two first for breaking and entering the dwelling house of Hannah Fleet , on the 27th of May, about the hour of two in the night, and stealing a man's hat, value 3 s. one peruke, value 2 s. a black cloth coat, value 10 s. a black cloth waistcoat, value 3 s. one paper machee snuff box, value 1 s. one iron tobacco box, value 1 s. a steel spectacle case, value 6 d. one penknife, value 6 d. a silver cork screw, value 6 d. a silk handkerchief, value 6 d. a linen handkerchief, value 6 d. one pair of leather gloves, value 2 d. one pair of silver shoe buckles, value 10 s. and one silver half pint mug, value 10 s. the property of Christopher Richardson, in the dwelling house of the said Hannah ; and Stephen Marchant , the Elder, for receiving one man's hat, one black cloth coat, one black velvet waistcoat, one paper machee snuff box, one iron tobacco box, one silver cork screw, and one silk handkerchief, parcel of the same goods, knowing them to have been stolen . *
Christopher Richardson . I am a lodger at my sister's house, Mrs. Hannah Fleet ; I have an upper floor. On the 27th of May , a sash window of the room where I lay was put up, where the thieves got in as I suppose; the house joins to a garden; part of the pales of the garden were broke down; I imagine they got into the room by helping one another up to the window; it is about seven foot from the ground. I lost the things mentioned in the indictment out of my room; they are all my own except one silver half pint mug, which was brought up to my
Henry Cogshell . I am a gardener. About seven in the morning I saw Lock there, who is about 14 or 15 years years old; he had a pair of buckles and a black cravat to sell; he asked 9 s. for the silver buckles; I suspected he had stole them; I stopped the buckles; I went for a companion of mine, and the boy ran away. (The buckles were produced and deposed to by the prosecutor, who said he bought them the morning before and gave 16 s. for them).
Thomas Gentleman . I am a butcher: I saw these lads at Chelsea, first of all on the 28th of May, playing at skittles, then at another public house next morning at skittles, then again on the 29th; I described them to Mr. Wright, and desired to know whether any robbery had been committed near Chelsea; he said there had; then I suspected they might be the persons that had committed the robbery, and as I was going over Chelsea fields, on the morning of the 29th, I saw old Marchant looking at some clothes; I took it to be a shirt; I made enquiry after these boys of some woman; I asked whether she had seen a boy with one arm; ( Marchant, jun. has but one arm); some woman walking on, cried, here is the boy with one arm, and at that time old Marchant was with them; upon their crying out, the old man, with the young ones, tied up the bundle, and the lad with one arm carried it with him; the old man went with the two boys, but Lock jumped over the bank; they hurried on; I walked slowly after them; the lad gave his father the bundle; I followed the old man into his ward; he is a Chelsea pensioner; I said, you have some things come unlawfully by; he said, go you scoundrel, don't breed a riot here, they are my own, I shall do with them as I like; I said they are not your own; he said he had bought them, and would sell them; he put the bundle in the ward and took some victuals out for the lads; I went in search of them, and found them playing again; then Wright came up and took the lads in a public house; Wright searched the boys, and found the spectacle case upon Marchant the Younger; he said it belonged to his father; we took these lads then, and went to the College to see after the father; we asked the captain of the College for leave to search the rooms; he said we might search all the wards; then we searched old Marchant's room, and in his box found a bundle with the several things produced in court, all sworn to by Richardson; I think it is the same bundle I saw old Marchant with because wrapped up in such a handkerchief.
Henry Wright . On Saturday morning I took up Marchant, jun. and Lock; they were playing at skittles; I searched Marchant, and found in his pocket a steel spectacle case; I went to search the father's ward, and found the handkerchief with the several clothes in it that have been produced, and the serjeant brought up old Marchant himself while we were searching his ward, and then I found a cork screw, a paper machee box, and the tobacco box; old Marchant said they were his, that he had bought them and would keep them.
Marchant, jun. Defence.
Lock picked up that bundle in the fields and gave it me; I gave it my father to keep.
Marchant, sen. Defence.
I was a bed the night the robbery was committed.
Lock and Marchant, jun. not guilty of the burglary, but guilty of stealing the goods . T .
Marchant, sen. guilty . T. 14 Y .
Thomas Lyoe . I am servant to Mr. Waring, a shoe-maker . On the 26th or 27th of June, about eleven o'clock at night, I was backwards in a room behind the shop; somebody came to the door, and said, shoe maker, some of your shoes are gone; I ran out and saw the shoes on the ground, about ten or a dozen yards from the door; I picked them up; they have been in the constable's custody ever since; I had seen
Lyne. I know them to be my master's property; they have a stamp on the sole.
John Falgan . I live facing Mr. Waring's shop; I stood at my door and saw the prisoner and two more stand at his door; Lyne was at the cutting board; he went backward, and then I saw the prisoner enter the door; I moved about five or six feet farther, and had a full view into the entry; I saw the prisoner turn about and take two pair of shoes off a shelf; I laid hold of him by the collar, and said give me the shoes; he said he had none; upon a gentleman's coming up I saw him throw the shoes away; Lyne came and picked up one pair, and one Mr. Jackson picked up the other pair and gave to Lyne.
I was going home from work and was laid hold of; they said there were three men had stole some shoes; I know nothing of it.
Guilty 4 s. 6 d. T .
Samuel Freeman . I am clerk to the clerk of the peace for Middlesex: this (producing it) is a certificate of the prisoner's conviction; I saw him tried, heard his judgment, and saw the certificate signed. I know the prisoner; he is the same man that was ordered to be transported.
Thomas Lee . I am servant to Mr. Akerman: I attended at Hicks's Hall to bring home the transports; as soon as he had received sentence I locked him up in the bail dock, and he pulled up the iron spikes and crept out
I did not break the place; it was broke ready to my hand; I thought I had as much right to get out as others.
Guilty. Death .
Recommended by the Court and Jury .
421, 422. (2d M.) JOSEPH HOLMES and MAURICE MURRAY were indicted for breaking and entering the dwelling house of John Whiley , on the 7th of June, about the hour of one in the night, and stealing two cloth coats, value 3 s. a linen cloth, value 6 d. a wooden five gallon cask, value 6 d. a brass cock, value 6 d. and four gallons of anniseed, value 12 s. the property of the said John in his dwelling house . ++
(The witnesses were examined apart at the request of the prisoners.)
John Whiley . I keep a public house in White-cross-street : my house was broke open on the 7th of June ; I went to bed about eleven at night; every thing was safe then; I fastened the windows myself; one of my men called me up about five in the morning, and told me my house was broke open; when I came down stairs the window bar of the tap room was wrenched off, the staple wrenched out, and the bar had fell upon the ground, the shutters were open and a pane of glass was taken out, to turn the cock spur to open the casement. I missed the things mentioned in the indictment (repeating them). The anniseed stood upon the ledge of the window that was broke open; the coats were upon the kitchen door; I am certain they were there when I went to bed; the brass cock was in the keg; the table cloth was upon a stand in the bar.
James Blundell . I am a watchman: a little after two o'clock in the morning on the 8th of June, I stopped the prisoners in Featherstone-street, which is rather less than a quarter of a mile from Mr. Whiley's; the half anchor I found upon Holmes; the table cloth upon Maurice Murray , and each of them had a coat on. I delivered them to Mr. Massey.
Q. from the prisoners. Whether we found any tools upon either of us fit to break upon any house?
Blundell. I searched Murray: in the mean while Holmes sat down upon a that; wheather they left any tools there I cannot say: here were some seen afterwards in the watch-house; a pair of pliers were put in the chimney corner after we took them to prison.
William Massey . I am a constable: I was called up between two and three o'clock. I live close to the watch-house; I took them in charge; one had a brown coat on, the other a black one; they desired to be taken to New Prison; I asked them the reason why; they said they had rather go there; I took them there; when we came there, one of the turnkeys said, have
Q. Have you kept them ever since?
Q. Was the anniseed delivered to you?
Massey. Yes, by two watchmen; and the table cloth has been in my custody ever since. (They were all produced and deposed to by the prosecutor.)
I was going down to Deptford to work; I saw these things lying on the ground; Holmes smelt at the cask, and said it was good liquor, and it was a pity to leave it behind; I said we had better take it with us to serve our shipmates; we were going to work at some ship. The watchman stopped us as we were going through Featherstone-street.
We were going down to Deptford to see for a job; we had been out of work a good while.
Holmes called three and Murray four witnesses, who gave them good characters.
Both Guilty . Death .
423. (2d M.) THOMAS PLUNKET was indicted for that he on the king's highway, on William Dadley , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a leather trunk, value 5 s. four linen ruffle shirts, value 3 l. four muslin stocks, value 4 s. a green silk purse, value 1 d. sixteen guineas, a half guinea, a quarter guinea, a six-and-nine-pence, and ten shillings in money, numbered, the property of the said William , June 23 . ++
William Dadley . On Wednesday the 23d of June I was coming from Coventry in a post chaise, in company with Mr. Colberg; when we came very near the third mile stone, between Highgate and Islington , it was then about eleven o'clock in the evening, the chaise was stopped by two footpads; one of them was the prisoner; he planted himself by the side of the shaft horse, and staid there during the whole of the robbery, looking into the chaise; the other had a piece of crape, or something black over his face; he came to the side I sat on, and moved something up and down, which was sharp, on the side of the chaise, which I supposed to be a part of a sword, and he said, your money! your money! with many oaths, and d - n you, we are more of us, we will not be trifled with; he then presented a pistol to my breast, and I gave him out of my pocket a guinea, a half guinea, a 6 s. 9 d. a 5 s. 3 d. and I believe about 10 s. in silver; he then went round the back of the chaise to the other door, to Mr. Colberg; he used much the same language to him, and took his money; then he returned to my side of the chaise again, and said, sir, your watch! I had concealed my watch; I told him I had none; then said he your pocket book! I told him I had never a one; then he demanded our rings; I gave him a mourning one; then he went round again to Mr. Colberg, and demanded his watch, and I believe he gave him more money; then he returned again to me, and said d - n you, I will search you; he opened the door of the chaise and saw a red trunk between my legs; he said he would have it; he took it out of the chaise with great violence, and then called to his companion, and they both went off with it.
Q. How long might this transaction be about?
Dadley. More than a quarter of an hour in the whole, and during the whole of the time the prisoner continued by the side of the shaft horse, and not having any thing over his face, I was able to make a perfect observation of his person. I called at the first public house I came at, and gave an alarm of the robbery, and then made all the haste I could to Sir John Fielding 's; that was about half after one in the morning; I there gave information of the robbery, and described the person of the prisoner; we returned very early in the morning to the spot, and we found the trunk with the writings safe, but the other contents were taken away, which were four shirts, four stocks, a pair of stockings, a pocket book with some memorandums of my own, and several bills of exchange, and fifteen guineas in a purse; the trunk was broke apparently with great force; the front of it was broke. As I was going to Hornsey on theJohn Fielding proposed to send two of his men with me; as we were returning to town, when we were within a few yards of the spot where I was robbed, the prisoner passed by the coach; that was between seven and eight o'clock; Mr. Colberg said that was the man that stood at the horses; Sir John's men leaped out, and he was directly brought into the coach; I made an observation of his person then, but said nothing till I came to Sir John Fielding 's; either Clarke or Taylor said to him where was you going; he said upon the scamp; they asked him whether he had any pops; he said he had; one of them said, then I fancy by meeting with you now, we have secured some honest gentleman from being robbed to night; he said by God you have. He was brought to Sir John Fielding 's and searched; I was not present at the search; a brace of pistols were brought out to me, said to be taken out of his pocket, and they corresponded in make and shape to the pistols held to me and Mr. Colberg: they were small pocket pistols. There was found in his pocket a large key; he was asked what that was the key of; he said his lodgings; he was asked where his lodgings were; he said he had forgot. I spoke very positively to his person, and he said I was mistaken; he was asked then, if I was mistaken where he was; he said that he had been that evening, a quarter before eleven, at the Ship ale-house, in Bambridge-street, St. Giles's, in company with a person whose name was Clarke, a shoe-maker, with whom he had no great acquaintance, and did not know where he was to be found. I afterwards saw him again at Sir John's, on Wednesday, and I gave then the same account in substance I have given now, and he was then asked what defence he had to make.
Q. What do you say of him now?
Dadley. I am positive he is the man.
Q. What sort of a night was it?
Dadley. Twilight; I have no doubt of his person.
Q. He stood by the horse all the time?
Q. He did not come to the chaise at all?
Q. Was there any body else took up on this robbery?
Dadley. No; a man was shewn to me, but I said I did not think he was the man.
Q. Was there any thing remarkable in the pistol?
Samuel Colberg . I was in company with the last witness on Wednesday evening the 23d of June. On our return from Coventry, in a chaise with four horses, we were accosted, on the road near the three mile stone, by two footpads that were on the cause-way; they booted, stop hollow; on which the post boys stopped their horses; two men immediately jumped off the cause-way, and one came to one side of the chaise, and the other to the other: one was a short thick fat man, with no disguise, but only his hat flapped before; the other was a lustier man, taller, and had something of a crape round his face; it was then pretty near eleven o'clock; there was no moon, but the hemisphere was pretty light; we could distinguish particularly. The prisoner very much represents the person who went to the shafts of the horse on the side where I was; he did not utter a word; the other came up to the chaise and demanded our money or our lives, and swore several violent oaths to the prisoner, and said what was the reason he did not come on the other side and plunder me. Mr. Dadley gave him some money; he said d - n you, these are all halfpence, give me your gold and silver; he clapped a pistol to Mr. Dadley's breast; I then, to prevent his doing any mischief, immediately gave him two guineas; he then demanded our watches and rings; we told him we had none; he then came to my side and demanded my money; I gave him a guinea, a sixpence, and a penny; he demanded my watch and rings; I told him I had none; he then swore, d - n you, we will not be trifled with, give me your watches; we said we had none; then Mr. Dadley gave him a gold ring; he asked if we had any more; we said no; he asked for our pocket books; I gave him a bill case, in which there was a receipt; he then went on the other side and opened the door, and he saw a little trunk; he snatched it out in a hurry, and said, d - n me, here is the booty; we said there was nothing of consequence in it, he might look at it; he then called the other; they took the trunk behind the chaise, and then bid us drive on.
Q. Did you look to see which way they went?
Q. You only speak to the resemblance, you cannot swear to him?
Colberg. No; it is a very great resemblance. I went in the coach afterwards with Mr. Dadley and Sir John's men to Hornsey, and, on our return, Clark said there goes Plunket; I looked at him, and said he resembled the man that stood by the shaft horse. I forgot to mention, when we went to lay the information, I described the person to be a short thick man of a blackish complexion, and Sir John said it was Plunket; Sir John said, did he speak; I said no, he did not.
Q. You went to Hornsey, did you find the trunk?
Q. What conversation passed after Plunket was taken?
Colberg. One of Sir John Fielding 's men asked him where he was going; he said upon the scamp; Sir John's man asked him if he had any pops; he said yes, he had a couple about him, and said, by G - d, you have hindered me of a fine chase to might. After we got out of the coach. there was some gun-powder found under the cushion where he sat. At Sir John's there was a brace of pistols found upon him, and brought into the other room to us by William Taylor ; they are the same make and size of one that was presented to my breast.
Q. Pray what was it o'clock?
Colberg. Near upon eleven: there was no moon, it was twilight and a fine hemisphere.
Q. Was it so light as to discern a man's complexion?
Colberg. Yes, he was on the side I was.
John Clarke . I went with Mr. Dadley and Colberg to Hornsey; on returning home, near the turnpike, the prisoner went past our coach; Taylor said, Mr. Clarke, there goes Plunket; Mr. Colberg upon that said, that is one of the men that robbed me; I said if it is we will bring him back again; we went and brought him to the coach, and asked them if they knew him; they said they did, and we took him to Sir John's in the coach; Taylor asked him if he had got any pops; I believe he said yes; when he came to Sir John's I searched the coach where he sat, and found some gunpowder. He was taken into the office and Taylor searched him.
Q. When you went after the prisoner which way was he going?
Clarke. Towards Highgate.
Q. What did you say to him?
Clarke. I told him two gentlemen in the coach wanted to see him, and he came back quietly with me.
Q. Do you remember any questions put to him in the coach?
Clarke. Taylor asked him where he was going; he said upon the scamp; in the office he asked if there was any charge against him; Taylor said you hear the gentlemen charge you. I said if he was not charged with that we would prevent his doing any mischief that night; he said d - n him we did.
William Taylor . I went with Dadley and Colberg to Hornsey; on coming back, a little on this side the turnpike, I saw Plunket, and said to Clarke there goes Plunket. One of the gentlemen looked out of the coach and said that was one of the men that robbed them. We got out of the coach and went after him, and told him there were two gentlemen in the coach wanted to speak to him; he came with us to the coach; I asked the gentlemen if they thought he was one of the men; they were both of opinion he was; they were sure he was; we put him into the coach.
Q. After he was in the coach had you any conversation with him?
Taylor. I asked him where he was going; he joked, and said upon the scamp, where do you think.
Q. Did you say any thing else to him?
Q. What conversation passed?
Taylor. He said he kept out of the way of the bailiffs that week; he said he would sooner go with us any where than with the bailiffs; I asked him if he had any pops about him; he said yes, to be sure.
Q. I wonder as he had these things about him you did not search him?
Taylor. He could do nothing with them. When we came to Sir John's I searched him, and found a brace of pistols upon him and a key ( producing them).
Q. What did he say?
Taylor. Nothing then, there was no justice there; the clerk ordered him to gaol; the gentlemen were in the office; I shewed the pistols to them.
On Friday when I was taken I was brought to Sir John's; Sir John was not there, therefore Mr. Bond, his clerk, took upon him to examine me; I told him I could bring sufficient persons to prove where I was drinking on Wednesday night; he said do not think on proving where you was, these people have sworn to you, turn evidence; I think you are a man capable of getting your bread. When I was examined before the Justice, the Justice asked what I had to say; I said I had persons to prove where I was, and Sir John made a laugh at it, and said the people had sworn against me. When I was brought up on the Wednesday following, I was asked what I had to say; I told Sir John it did not signify saying there, he had made a laugh at it, I would appeal to a higher court, and now, my Lord, I have evidence to prove where I was drinking that night. They swore before Sir John it was half after ten, now they say it was eleven when they were robbed.
Q. to the Prosecutor. Did you say before Sir John it was half after ten when you was robbed?
Prosecutor. No, I am persuaded it was eleven or more.
For the Prisoner.
Q. Was he at your house on Wednesday the 23d of June?
Murphy. As near as I can recollect he came into my house last Wednesday fortnight: I am no scholar.
Q. Who came to your house?
Murphy. The prisoner.
Q. What time did he come?
Murphy. Between eight and nine.
Q. How long did he stay there?
Murphy. He staid till better than half after ten: I generally shut up my shop by eleven or five minutes before.
Q. Can you tell whether he staid till you had shut your shop?
Murphy. No, he did not stay so long.
Q. You are certain that he staid till more than half after ten?
Q. How long was this before he was taken up?
Murphy. I heard he was taken up on Friday that makes me remember the day, for the man that was drinking with him came of the Monday after, and said the man he was drinking with at my house was taken up. There were five of them in company that night: John Relly told me of it; he told me it was of the Wednesday; I cannot be sure it was of a Wednesday, only he told me so; I never saw the man before in my life.
Q. How many were along with him?
Murphy. Two besides him.
Q. This man was a stranger to you, you had never seen him before, are you now sure he is one of them?
Murphy. I am sure he is; he was a stranger, all the rest were my acquaintances.
Court. Give me their names?
Q. If you never saw him before, how are you sure he is the man?
Murphy. He had a coat and waistcoat half mourning, a hat half cocked, and a pair of buckskin breeches.
Q. Which came in first?
Murphy. The three men were drinking, and the prisoner and Shaw came in together just as I was lighting the candles.
Q. What did they drink?
Murphy. Nothing but porter.
Q. Did they eat any thing?
Murphy. Not a bit as I know of.
Q. What stockings had he on?
Murphy. I cannot justify what stockings he had on; they sat in the upper box near the fire in the public room.
Q. You never saw Plunket before?
Murphy. Never in my life.
Q. Was Plunket acquainted with the Rellys?
Q You could not recollect it was Wednesday if you had not been told it?
Murphy. It was Wednesday or Thursday; I believe it was Wednesday; I cannot speak positively.John Relly , an acquaintance of mine; we staid there till within a quarter or ten minutes before eleven.
Q. Are you sure the prisoner was all that time in your company?
Shaw. Yes, he was.
Q. Are you sure the prisoner did not go away till a quarter before eleven?
Q Did you find Relly?
Shaw. Yes, he sat opposite the bar; James Relly and one Connor were in the upper seat; I asked for John Relly , and then we all went up to the upper seat where James Relly was; we sat there till within a quarter of eleven, and had four or five pots of beer.
Q. How came you to recollect this was the Wednesday?
Shaw. Because I was to go to the Court of Conscience on Thursday; I heard he was taken up on Monday, and received a subpoena.
Q. Was Plunket acquainted with any of the people besides you?
Shaw. No, not one.
Q. When did you hear of this?
Shaw. Last Monday night.
Q. Not till last Monday?
Shaw. No; I live down at Ratcliffe-cross.
Q. Who told you of it last Monday?
Court. Produce your subpoena.
The witness produces it.
Shaw. I went to the prisoner on Monday night, and he told me his name was Hope.
Q. Are you intimate with Plunket?
Shaw. Yes, since I have been in London.
Q. How long have you been in London?
Shaw. Eight months. I used to drink in the house where he used.
Q. Where did he lodge?
Shaw. I do not know; I had not seen him six weeks or two months before that; I used to know him at a public house of a countryman's of mine, when I first came to town.
Shaw. One Lennard's, in Bell-yard: I lived in Hewit's-court, in the Strand.
Q. Was Plunket ever at your house?
Q. Had you ever told him where you lodged?
Q. What was the occasion of your meeting that night?
Shaw. I met him promiscusly in Wych-street; I told him I was going to see such a-one at St. Giles's, and we would have some drink before we parted; I never saw him again till I saw him in Newgate.
Prisoner. I am a working silversmith ; I am very much involved in debt, and carried the pistols about with me for my own security; I thought as I was in debt it would deter the officers from arresting me.
Guilty . Death .
424, 425. (2d M.) CHRISTIAN MACLANE , spinster, and AMELIA ISAACS , spinster, were indicted for stealing a silver watch, value 30 s. a pair of plated shoe buckles, value 1 s. and a pair of men's leather pumps, value 3 s. the property of Robert Brown , June 22 . ++
Both acquitted .
Thomas Crump . On the 9th of June, coming under Newgate , about twelve at night, the prisoner took my handkerchief out of my pocket; I saw him take it; I pursued him, and catched him; he dropped on his knees and begged for mercy. I did not find my handkerchief.
Q. When he begged for mercy, did he say he had taken the handkerchief?
Crump. No, he denied he had it or took it; when I turned round he was turning round as I was.
Had the gentleman seen me take the handkerchief out of his pocket he must have seen what I did with it.
For the Prisoner.
Guilty , T .
JOHN HENRY CLODD was indicted for stealing one wooden cask, value 1 s. 6 d. and five gallons of British gin, value 20 s. the property of Jenkin Jones , Esq ; June 17th . ~
Daniel Haslem . I am servant to Mr. Jones: on the 19th of June. I had a cask of gin in a cart; I stopped a little below Half-moon-alley in Bishopsgate-street , and stood on the other side of the way to watch it, because I had been robbed thereabouts before; I saw the prisoner come and take it on his right shoulder, and went away off with it towards Shoreditch; I followed him and asked him where he was going with it; he said he did not know; I told him it was my master's property, and brought him back with it.
Q. What was in the cask?
Haslem. About five gallons of British gin.
I found it in the street.
The prisoner called two witnesses, who gave him a very good character.
Guilty . T .
Mary Peachey . I am servant to Mr. Whitebread: the prisoner came into the shop to buy some lace; I saw her conceal a piece under the peak of her stays; I gave notice of it, and she immediately dropped it.
Q. Might she have put it there by mistake?
Peachey. She put it under her arm first, and from thence under her stays.
Mrs. Whitebread. The lace has my mark upon it.
I went into the shop and asked the price of the lace; it did not suit me; as I came out my cloak swept it down; I did not take it.
Guilty . T .
- Bath. I saw the prisoner stripping the children in the porch of the church at London Wall ; she had stripped one; then I went into a house to speak to the schoolmaster; when I returned she had stripped the other; I called to a gentleman to stop her; she came back towards me and threw the bundle into the house; I took them up and have kept them ever since. (They were produced and deposed to by the prosecutor.)
The prisoner said nothing in her defence.
Guilty . T .
430. (2d L.) DAVID NIGHTINGALE was indicted for stealing one thousand iron nails, called horse nails, a quarter of a thousand ten pound horse nails, and half a thousand other iron nails , the property of John Taylor and Richard Wylde , June 25 . ++
Richard Wylde . Mr. Taylor and I are in partnership in the ironmongery business. On Friday the 25th of June I came home, and found all the lights in the shop out, and the prisoner in the shop; he is one of my porter s; he had no business to be there at that time; it is beyond the hours in which he should be there; upon my coming in I suspected him; I took notice he had something bundled up; I asked him what it was; he said it was victuals. I searched him and found the nails mentioned in the indictment; I charged him with having some of my nails; he said yes, he had a little job to do, intimating as if it was a small quantity of nails. I proceeded to search him, and found this large quantity of nails packed up in paper, so I could swear to them; the marks are upon the papers. (They are produced by the constable, and deposed to by the prosecutor.)
Q. From the prisoner's counsel. Whether he was entrusted to put the nails from the counter upon the shelves?
Wylde. No, that was not his business.
The prisoner called many witnesses who gave him a good character.
Guilty 10 d. Being recommended by the Jury he was only. W .
WILLIAM MORRIS was indicted for stealing a linen handkerchief, value 10 d. the property of a person unknown , July 1st . ++
Benjamin Ray . I saw the prisoner put his hand into a gentleman's pocket, and take out a handkerchief; I followed him; he threw the handkerchief away from him; I took it up, and am positive the handkerchief produced is the same that he took out of the pocket and threw down.
I did not take the handkerchief. I am but twelve years old.
Guilty 10 d. T .
John Evans . On the Sunday the fire happened in Cornhill, between nine and ten in the evening, I went to see if it was out; I stood in Lombard-street ; the two prisoners stood by me; I put my hand to my pocket; my handkerchief was there; I buttoned my pocket; in a few minutes after they went away, and after they were gone I missed my handkerchief; I went round to the other side of the fire, and saw them again; I told one of the firemen I believed they had got my handkerchief; the fireman laid hold of them and took them to the Compter; he searched them, and found a handkerchief on one of them like mine; it has no mark; it is a red and white linen one.
- Squires. I am a constable and fireman: the prisoners were given into my charge on Sunday night the 6th of June, at the fire; I took them to the Compter and searched them, and up Cornet's back I found this red and white handkerchief (producing it).
Prosecutor. It is like mine, it is the same pattern.
Squires. I saw the prisoners together several times at it.
We had been down to Tower-hill to see an acquaintance, and came to look at the fire, and the young fellow and Squires laid hold of us.
He called three witnesses who gave him a good character.
Coming down Lombard-street I found it and shewed it to Bird; I had no where to put it but up my back, because I had two handkerchiefs in my pocket.
Both guilty . T .
434, 435, 436. (M.) ELIZABETH HYDE , GEORGE ANDERSON , and ANN BRYAN , were indicted; the two first for stealing one silk cloak, value 9 s. one linen gown, value 9 s. six linen handkerchiefs, value 3 s. one linen shift, value 6 d. one check linen apron, value 1 s. four linen laced caps, value 4 s. two plain linen caps, value 2 s. five linen ruffles, value 2 s. one linen hood, value 6 d. one yard and a half of silk ribbon, value 4 d. two half guineas, and ten shillings and sixpence in money, numbered , the property of Eleanor Cummings , widow, June 4 . The other for receiving a linen handkerchief and a check apron, knowing them to have been stolen . ~
Eleanor Jelson . My name was Cummings: I am since married. On the 4th of June I went out of my lodging, locked my door, and left the things safe; I had the key in my pocket; when I returned I found the door open, and the things gone; I found Hyde afterwards in a public house, and the things upon her.
Thomas Egan . The former witness and the prisoner Hyde both lodged at my house; Hyde came on the 29th of May. On the 4th of June I had been out; when I came home in the evening, about five o'clock, the prosecutrix informed me her door was broke open, her things stole, and the prisoner Hyde was gone. Bryan came a few days before to see Hyde, and left word she should be glad to see her at the Hercules and Pillars, George-street, Soho; the prosecutrix and I went to that house about nine o'clock, and found Hyde; she had the cloak, handkerchief, and ribband on; I took her to the round house; she owned before the Justice she took the things, and said they were pawned in Prince's-street, Leicester-fields; the prosecutrix and I went there, and found the things (repeating them. They are produced and deposed to by the prosecutrix).
John Wood . I am servant to Mr. Murphy, a pawnbroker, in Prince's-street, Soho; the prisoner Hyde pawned these things. I was at the justice's when she was taken up; she did not own it there as I heard.
- Hewetson. I am a constable: I was with Barnet at the lodging of Bryan; I found this handkerchief (producing it) in the bed. (The handkerchief and apron were deposed to by the prosecutrix.)
I know nothing of the handkerchief and apron being stole no more than the child unborn: Hyde gave them me to wash.
HYDE guilty . T .
The other two acquitted .
437. (M.) BARTHOLOMEW GARRET was indicted for cutting, ripping, and stealing 80 lb. wt. of lead, value 12 s. belonging to Thomas Dodson and William Petty , the said lead being affixed to four empty houses adjoining together , July 4th . ~
Thomas Dodson . William Petty and I are partners in the houses from which the lead was stole. On Sunday the 4th of June, about ten o'clock at night, the watchman came to my house and informed me there was a man on the house stealing the lead; he is a watchman we employ ourselves; I went with him to the back of the houses; there was a ladder; I placed the watchman at the bottom, and went up the ladder myself, and found the prisoner on the top of the house, and within half a yard of him there was a bag with 40 lb. of lead in it. I asked him if he had any confederates; he said he had not, but owned he cut the lead; it was taken from the sky light.
The prisoner said nothing in his defence, but begged the mercy of the Court.
Guilty . T .
438, 439, 440. (M.) THOMAS HORNSBY ; GEORGE GIBSON , and PETER AUXFORD , were indicted for stealing one German flute, value 4 s. one hand saw, value 1 s. five base metal tea-spoons, value 6 d. one pint glass bottle with three quarters of a pint of brandy, value 6 d. one tea cannister, value 6 d. and one pair of japanned sugar tongs, value 2 d. the property of John Gimingham , May 23 . +
All three acquitted .
John Gammull . I am a salesman , in Goswell-street ; on the 26th of May I lost a gown; it hung at the door; I had hung it up about two hours before I missed it. I wrote a number of bills, and carried to all the pawnbrokers about; in consequence of which I found the gown at one Mrs. Rutland's in Old-street. (The gown produced by Mrs. Rutland, and deposed to by the prosecutor.)
I live at a barber's shop in Lombard-street; my mistress sent me of an errand to Islington; I called and took my sister with me; as we came back she picked up this gown before Mr. Brown's door, an oil shop. two or three doors from the prosecutor's house.
For the Prisoner.
Guilty . T .
Diana Thompson , spinster, one pair of muslin ruffles, value 2 s. and one linen handkerchief, value 1 s. the property of Elizabeth Leicester , spinster, in the dwelling house of Diana Thompson , July 5th .
Elizabeth Leicester . I live with the last witness; I lost a pair of muslin ruffles and a linen handkerchief; they were in the bureau; I saw them on Monday night about nine o'clock; all the drawers were locked except this one, that was not locked, nor the door of the bed chamber.
Thomas Lyon . I am a constable: I took the prisoner in King-street, Drury-lane, with the things upon her (repeating them); it was a quarter before one on Monday night; we always search people that go along at that time of night, and finding these things on her I detained her.
I never was in the house in my life; I had them of a man that went to Mrs Leicester's to fetch her out of the house, and gave them to me; I refused to take them and he flew in a passion.
Lyon. There was a man with her; I detained him, but he was discharged before the Justice; the things were in her possession.
The prisoner called four witnesses who gave her a good character.
Guilty 4 s. 6 d. T .
Moses West . The halfpence were in a till in the shop; my wife went out to market; the prisoner took the opportunity, knowing where the key of the shop was, to go in and take the halfpence; she confessed it when I took her.
The prisoner said nothing in her defence, but called one witness, who said the prosecutor promised her pardon if she would confess, and would take it of her father at so much a week, which the prosecutor denied, and she called several witnesses to her character.
Guilty . T .
444, 445, 446, 447. (M.) PATRICK CROCHAN , PATRICK MURPHY , JOHN HURLEY , and ISAAC VOTIER , were indicted; the three first for that they on the king's highway, on Kenneth Mackenzie , Esq; earl of Seaforth of the Kingdom of Ireland, putting him in corporal fear and danger of his life, and taking from his person one gold repeating watch set with diamonds, value 50 l. one gold watch chain, value 5 l. one green stone seal set in gold, value 10 l. one gold spur ring, value 5 s. one green emerald stone set in gold, value 40 s. one onyx stone seal set in gold, value 40 s. one gold watch key, value 10 s. one gold ring, value 5 s. one green silk purse, value 1 s. nine guineas and one louis d'or, the property of the said Kenneth Mackenzie , from his person , Feb. 27 . And the other for receiving one gold repeating watch set with diamonds, one gold watch chain, one green stone seal set in gold, and one onyx stone seal set in gold, parcel of the above goods, well knowing them to have been stolen .
All three acquitted .
448. (M.) GEORGE GIBSON was indicted for stealing one glass vinegar cruet, value 6 d. one stone pepper box, value 1 d. one stone tea pot, value 3 d. two case knives, value 4 d. one looking glass, value 3 d. and two iron keys, value 15 d. the property of John Barrett , May 22d . ++
JOHN JOHNSON was indicted for stealing two linen shirts, value 10 s. and twenty-eight 36 s. pieces , the property of John Bedoit , Esq . June 7 . ++
450, 451. (M.) THOMAS FLINN and MATTHEW DUNHOWE were indicted for that they on the king's highway, upon Ann Roach , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person one linen cap, value 2 s. one silk bonnet, value 5 s. and 7 s. 6 d. in money, numbered, the property of the said Ann, from her person , June 28th .
Both acquitted .
452. (M.) WILLIAM COTTON was indicted for stealing one copper stew pan, value 4 s. three copper sauce pans, value 17 s. one copper saucepan cover, value 1 s. one copper chocolate pot, value 4 s. and three bladders with 30 lb. wt. of hogs lard, value 10 s. the property of Thomas Marsleet , May 25th . ++
(M.) WILLIAM COTTON was a second time indicted for stealing one copper tea-kettle, value 1 s. one brass cock, value 6 d. and seven linen clouts, value 14 d. the property of John Edwards , May 30th . ++
John Edwards . On the 30th of May in the night, the things mentioned in the indictment were stole out of my wash-house; I got a warrant and searched the lodging of the prisoner, and found my brother's waistcoat on his back, and the tea kettle in his room. (The tea kettle produced and deposed to by the prosecutor.)
James Edwards . I saw my brother's kettle in the wash-house the evening before about nine o'clock; the wash-house door has no lock; it is inclosed by a wall seven feet high, in which there is a door that is always kept locked and bolted; the waistcoat was in the garden by the wash-house. (The waistcoat produced and deposed to).
I went on Whit-Monday into Rosemary-lane to buy a gown for my young child. I saw a man facing the Sun with the waistcoat on his arm, and the kettle in his hand, and I bought them of him for 2 s. all but 2 d.
He called five witnesses who gave him a very good character.
Guilty 10 d. W .
Both acquitted .
ISAAC ARCHER and JOHN ARCHER were a second time indicted for stealing two leather things for breeches, value 9 s. one pair of leather breeches without waistbands, value 13 s. three leather breeches pockets, value 6 d. and two pieces of doe-skin leather, value 1 s. the property of John Bannister , June 30th . ++
John Bannister . I lost the things mentioned in the indictment on the 30th of June; they hung on a line in the shop; the shop does not join to any dwelling house; I missed them in the morning; the shop window had been opened, a pane of glass was broke, and the things were taken out; I traced them to Rosemary-lane, and found them in the possession of Daniel Prigg .
The prisoners, in their defence, said, they found them.
Both Guilty . T .
455, 456. (L) MARY FORSTER and ELIZABETH ROSSITER were indicted for stealing one sattin cloak, value 10 s. one linen handkerchief, value 10 d. and 9 d. in money, numbered , the property of Margaret Bowden , widow, June 9 . ++
Margaret Bowden . On the 19th of June, at twelve at night, I was going to my lodging in Wantworth street, there were three women met me, and asked me to treat them; the two prisoners were two of them; I said I did not know what they meant; they said they would have some money; they knocked me down and took 9 d. and a pocket handkerchief out of my pocket, and two held me while one ran away with my cloak. The prisoners were taken immediately by the watchman and constable.
Richard Showles . I am a watchman: as I was going my round at one o'clock, I heard an outcry; I turned about and saw the prosecutrix standing, and one of her hands bleeding; I asked what was the matter; she said she had been robbed of her cloak by some women; I asked if she should know them again; she said yes; I took to the other side of Petticoat-lane, where there were several women standing; she picked out Forster, and said she was one that had robbed her; I sent her to the watch house. Rossiter and the cloak were brought to the watch-house afterwards by some other people.
Isaac Samuel . I am a constable: the prosecutrix described Rossiter, and said she laid hold of her throat with one hand, and held her round the body with the other, while the other searched her and then threw her down, and the other ran away with her cloak. Some little time after a man brought the cloak, and asked if a woman had not lost a cloak; I detained him; he told me where Rossiter was, and she was taken.
Q. from Forster. Whether she ever said she was robbed of a handkerchief and 9 d?
Showles. She said nothing about 9 d. when she came to the watch-house.
Q. from Forster. Did not the men take the 9 d. from you for garnish money?
Prosecutrix. When they took me to the Compter they took my pockets off; I had but 3 d. in my pocket then, and they took it from me.
I know nothing of it. Rossiter found a cloak and sent it directly to the watch-house by a man.
There were a parcel of girls at the top of Petticoat-lane; the prosecutrix came by, and they asked her to treat them, and she said she had no money, but she would treat two of them, and the rest came up, and said she should treat them, and there began a fight; I lost my cloak and took up her's in the room of it, and when I found my mistake I sent it to her.
Both guilty . T .
John Ahn . On the 31st of May, between ten and eleven at night, as I was standing by St. Dunstan's church , talking to a coachman, I missed my handkerchief; the prisoner stood by me, and I begged leave to search him; he said yes, sir, you may; I did, and found my handkerchief in his bosom; Mr. Reath has it. (The handkerchief produced and deposed to by the prosecutor).
As I was coming along Fleet-street I picked up the handkerchief; the prosecutor was standing talking with a drunken man: he laid hold of me, and said I had taken his handkerchief. I told the constable when I came to the watch-house that I found it.
For the Prisoner.
Guilty . T .
458. (L.) MARY, the wife of John HALL . was indicted for stealing two linen shirts, value 3 s. one linen apron, value 1 s. one cotton frock, value 1 s. two pair of worsted stockings, value 6 d. and two pair of stays, value 3 s. the property of the parishoners of the parish of St. Sepulchre , Jan. 24th . ++
Hawes. I am matron at the work house: the prisoner is one of the poor of the parish. On the 24th of January she eloped; I missed the things; I made enquiry after her; but heard nothing of her till June, when I met with her accidentally, and charged her with stealing the things, and I found them at the pawnbroker's according to her direction. I found them at Mr. Bruin's, and some at a pawnbroker's by the side of Fleet market.
James Gatty . I am servant to Mr. Bruin, a pawnbroker, on Snow hill; the prisoner pawned two pair of stockings at our house; I believe the stockings produced are them; they have been three weeks out of our custody.
John Woodfield . I have had the possession of the things; they were delivered to me in the presence of Mr. Lloyd; she confessed when she was taken where she had pawned the things, and said they were almost starved to death for want of victuals.
We had no victuals from Thursday morning till Saturday for twenty-five children.
Guilty . T .
James Morris . I am a watchman. About three in the morning of the 29th of May, Stevenson called me to his assistance; he had taken the prisoner with the coals on his back; I saw them; there was about a bushel.
John Stevenson . About half after two I saw the prisoner go down on Mr. Hurford's wharf empty; I watched him and saw him come back with the coals; I stopped him with the bag on his shoulder; he shewed me the craft he took them out of; I did not see him go into the craft; he flung the coals on the ground and ran away; I pursued and took him; I charged him with stealing the coals; he did not deny it, but said he would carry them back to where he had them, and would have gone back if I would have let him.
Mr. Hurford. On the 29th of May the two witnesses informed me they had taken a man who had robbed me of some coals; I saw the prisoner afterwards and he acknowledged he took them out of my craft.
I get my bread by picking up coals; I picked them up in the dock.
Guilty . T .
John Simes . Monday se'ennight, about nine in the morning, as I was coming down Snow-hill , one Mr. Sanders, a constable, called to me, and asked if that was my handkerchief; it was on the ground; the prisoner had thrown it from him; I said yes; he said he saw the prisoner take it out of my pocket.
Abraham Sanders . I am a brush-maker on Snow-hill: as I was at breakfast I saw the prisoner take the handkerchief out of the prosecutor's pocket and put it under his coat; I ran out and laid hold of him; I opened his coat; he snatched hold of the handkerchief and endeavoured to throw it down a cellar window, but it lodged on the bars; I called the gentleman and delivered the handkerchief to Wood the constable.
- Wood. I am a constable: the handkerchief was delivered to me; I have kept it ever since.
Going down Snow-hill I saw a boy pick the gentleman's pocket, and ran down by Fleet-market; the man laid hold of me; I said there he goes, but they would not go after him but stopped me.
He called one witness who gave him a good character.
Guilty . T .
Theyer Pitt . I missed my handkerchief; I saw the prisoner standing against the wall; I laid hold of him, and said, you rascal, you have got my handkerchief; I searched him, and found it upon him; I delivered him to the constable. (The handkerchief produced and deposed to by the prosecutor).
The prisoner said nothing in his defence, but that he was between nine and ten years old.
Guilty . T .
William FOX , was indicted for the wilful murder of Mary, the wife of - Brown , Feb. 19th .
She also stood charged on the coroner's inquisition with manslaughter. *
- Brown. I am the husband of Mary Brown : I was not present at the time this happened: my wife was with child, and expected to be delivered every day: I went out to work on the 19th of February I think it was; it was on a Thursday; when I came home I found her sitting on the bed; she said she imagined she was murdered by this Margaret Fox . She died the Tuesday following.
Q. She was not delivered before she died?
Q. Do you live at home with your wife, or work out in the day time?
Brown. Work out.
Q. Do you know any thing of any liquor she drank on Saturday?
Susannah Warren . I saw Margaret Fox take hold of Mrs. Brown; I did not see the beginning of it; they were down stairs in Mrs. Fox's house; I saw her take hold of her arm and push her against the street door, and afterwards she pushed her against the stairs.
Q. You do not know what they quarrelled about?
Warren It was some quarrel about rent, I cannot tell what.
Q. Did Mrs. Brown fight again?
Warren. I did not see any blow that she struck at all; I said to Mrs. Fox, for God's sake consider her condition. I said to Mrs. Brown come out; she said what cause had she to come out of the place when she paid for it; I laid hold of Mrs. Brown's apron and pulled her out; just as she was coming out of the door she laid hold of one of her hands, and put her other hand up to Mary Brown 's throat.
Q. Did she do this with much violence?
Warren. I do not know what was on the throat, I know her wrists were very black when she lay in. She came into my place, sat down in a chair, and was pretty near a quarter of an hour before she came quite to herself.
Q. Do you know what they quarrelled about?
Warren. It was something about rent; I was only at the latter end of it.
Q. Did you hear her call Mrs. Fox any names or abuse her?
Q. Did you see her scratch her?
Warren. No, no farther than laying hold of her arms.
Q. Did Mrs. Brown at all scratch Mrs. Fox, or lay hold of her?
Warren. I do not know; I did not see any such thing.
Q. Were there high words between them?
Warren. It was about the rent; I would not hear it.
Q. Did she call Mrs. Fox a witch?
Warren. No; when the people called out shame of Mrs. Fox, when it was over, she said, d - n you all, you bitches, I will make you know I am mistress over you all.
Q. Was Mrs. Brown drunk or sober?
Warren. I think sober at that time.
Q. Did you see her the Saturday afterwards?
Warren. She lay bad in her bed; then I did not see her.
Q. Was she in labour or how?
Hookham. There was no labour at all upon her from the beginning to the end; I sent for Dr. Cooper on Sunday evening; she died on Shrove Tuesday, at seven in the morning; she sent for me on Monday morning at nine o'clock; I found she was very bad, and appeared to me to be dying. While her husband was gone for the doctor, she repeated these words to me several times, that she was murdered; I asked her who by, and how it happened; she told me she had lodged with Mrs. Fox; that she went to fetch away the remains of her goods on Thursday; that she owed her 4 s. or 5 s. for rent, and when she went for her goods the door was broke open and she went into the room to fetch her things; that Margaret Fox stopped them, and said she should not have them till she got her money; she said she beat her, and struck her several times, and took hold of her by the throat and arm and threw her down stairs; she told me when she threw her down the bruises were across the small of her back, and there was the bruise to be seen before and after she died.
Q. Did she speak of any pain she found?
Q. Did you examine to see if there was any bruises on her back while she was alive?
Hookham. Yes, they were black on the small of her back, and some bruises on her ribs on one side; I am not positive which side. She desired I would see justice done, to see her body cut open, which I did on Wednesday; I assisted in doing it; there was a boy, a fine one if it had been alive; it was dead; it appeared to be in the last month; she might have gone a fortnight or three weeks if she had gone her time.
Q. How long might it have been dead?
Hookham. The child was black round the belly and navel, and as it lay on the right side, the left shoulder was cracked as it lay uppermost.
Q. By the appearance of the child how long might it have been dead?
Hookham. It might have been dead ten or twelve days before, being putrified; I cannot be positive to a few days how long it might have been dead.
Q. This dead child would have killed the woman then if there had not been bruises?
Hookham. No, no, a great many women live after a dead child.
Q. She said nothing on Sunday?
Q. What complaint did she make on Monday?
Hookham. She said she was sure she should die; I felt her pulse and it beat very high; I thought she had a fever coming.
Q. She did not disclose on Sunday the scuffle between her and Fox?
Q. She sent to you to be delivered I suppose?
Hookham. No, to be eased of her pains.
Q. She was going to bring the goods away?
Hookham. Yes, but Mrs. Fox would not let her till she had paid the rent, and took them from her, and struck her.
Ann Clarke . Mrs. Brown sent for me; I asked Ann Rutledge to go with me; when I went I asked how she did; she said I am very bad indeed, for I have been cruelly used by Margaret Fox ; I said I hoped not; she said Fox had murdered her; I asked her if she could say the Lord's Prayer; she repeated it; I said then, now you forgive every body, and you must forgive Mrs. Fox; she said she could, but Mrs. Fox had killed her.
Dr. Cooper. I am a man-midwife: I was sent for on the Monday to Mrs. Brown; I went there about eleven in the morning.
Q. In what condition did you find her?
Cooper. She was dying.
Q. Did you examine her then to see if there was any bruises?
Cooper. No; Mr. Hewet, the surgeon, opened the body at my desire while I was present.
Q. Is he here?
Cooper. I believe he is in the country.
Q. What observations did you make upon the body?
Cooper. Outwardly there was blackness upon different parts of the body about the loins and hips.
Q. Was it very black?
Cooper. Very black.
Q. Was the skin broke at all?
Cooper. Not at all that I perceived: I examined carefully all the internal parts of the abdomen, and especially those that corresponded with the external injuries, but they seemed to be quite in a found state excepting the child.
Q. Then according to appearance the contusions did not penetrate farther than the external superficies?
Cooper. No, they were not farther than the external supersicies muscular substance; the child was quite in a putrid state.
Q. Do you apprehend the putrid state of the child was occasioned by these blows?
Cooper. I apprehend the child had been dead for at least three weeks, consequently before the fray.
Q. By your observations do you think these external bruises could be the occasion of the woman's death?
Cooper. By no means.
Q. You do not think those marks could be the occasion of her death?
Mary Thorp , Nov. 22 . ++
- Kello. I am the constable of the night: these things were brought to the watch-house by one Blower.
- Blower. I brought these things to the watch-house; I took them on the prisoner.
I found these things in the street.
Guilty . T .
466. (2d M) ALEXANDER MONGUMERY was indicted for breaking and entering the dwelling house of Robert Craig , on the 4th of July , about the hour of one in the night, and stealing a linen table cloth, value 1 s. and a silver tea spoon, value 1 s. the property of the said Robert in his dwelling house . ++
Sarah Craig . I am the wife of Robert Craig : our house was broke open on Monday morning; I was last up, and saw the house all fastened. I went to bed about ten minutes after eleven; the dog alarmed me a little after one; I was waked by the watch, and found the kitchen window was broke open: the cornish was broke off the top, by which a small boy must have been put over the window shutter, and by some hook have drawn up the wooden bar which went across the window shutter. This kitchen window looks into Warwick-court, in Holborn: a table cloth was taken from a table drawer in the kitchen; I folded it up on Sunday night and laid it in the drawer; there was a tea spoon taken out of the mustard pot. These people came to me next day, and I was subpoena'd to attend at the office in Litchfield-street. I saw my cloth there and the prisoner was produced; I never saw him before.
Q. When did you miss the cloth?
Cragg. Immediately as I went down into the kitchen the door was open; it was the only thing that was missed.
William Hutchinson . I was constable of the night; two watchmen brought the prisoners into the watch-house; they said they took him out of an area in Red-Lion-square; this cloth was wrapped round him under his waistcoat; this was a few minutes past two on Monday morning. I searched him, and found upon him a center bit and a file (producing them); I asked him where he got the table cloth; he said it was his own.
Prosecutrix. This is my cloth.
Another watchman who assisted Cooke in taking the prisoner confirmed his evidence, and said that he was filing the iron bars there.
Q. What age does he appear to be off?
Watchman. He says he is eighteen.
That tablecloth was given me by Mr. Craig, on board the Antelope; he was second mate there; I belonged to the ship; it was given me last Christmas was a twelvemonth.
Q. to the Prosecutrix. Has this ever been out of your possession?
Prosecutrix. No; I am positive it was in my house that night.
Guilty . Death .
467, 468. (2d M.) CHRISTIAN SWAN , spinster, and ELEANOR, the wife of William MILLS , were indicted for stealing a cloth coat, value 20 s. a black cloth coat, value 2 s. a scarlet cloth waistcoat, value 12 s. a flannel waistcoat, value 6 d. a cotton bed quilt, value 4 s. 6 d. one linsey bed curtain, value 12 s. a silk handkerchief, value 1 s. four cotton handkerchiefs, value 2 s. a cotton gown, value 2 s. a linen shirt, value 1 s. a linen shift, value 6 d. a pair of men's leather shoes, value 1 s. and a pair of baseDaniel Maclane , in his dwelling house , June 29 . ++
Daniel Maclane . The several things mentioned in the indictment were in my chamber over night when I went to bed; I found them missing at five in the morning; I do not know whether I locked my door or no.
The prosecutor and his wife deposed to the different articles that were produced.
The two prisoners, in their defence, said they found them at the door in the street when there were none but they present.
Both Guilty 39 s.
469. (2d M.) CATHERINE WATERS was indicted for stealing one cloth coat, value 10 s. one linen waistcoat, value 4 s. one linen shirt, value 1 s. one pair of women's stays, value 1 s. one linen check apron, value 6 d. one pair of women's leather pumps, value 2 s. and one pair of worsted stockings, value 6 d. the property of John Jaques , June 22 . ++
Mary Jaques . I am the wife of John Jaques ; I lost the things mentioned in the indictment about three weeks ago; they were taken away while I was in bed; the prisoner sat up with me all that night; I was very ill; I saw them all over night, and missed them in the morning; I found my stays upon her; she was brought to me by a relation of mine. I am positive they were my stays found upon her.
I put the stays on in a mistake.
Guilty . T .
470. (2d M.) WILLIAM BLANY, otherwise EVANS , was indicted for stealing a wicker bread basket, value 1 s. ten quartern loaves of bread, value 6 s. a loaf of French bread, value 6 d. and two threepenny loaves , the property of Francis Hobbs , July 3d . ++
Q. Are you sure it was the prisoner?
Wishwell. Yes, I knew him before when he lived with Mr. Hobbs, and am certain to him.
Mr. Hobbs's boy. I pitched the basket in that manner; the contents of it were the bread charged in the indictment.
I did not take the bread; I have witnesses to prove myself at another place, but they are not here.
Guilty . T .
471, 472. (2d M.) ISAAC LEVI and JACOB CARR, otherwise CADOSIA , were indicted for stealing 84 lb. of leaden pipe, value 12 s. the said lead being affixed to a dwelling house the property of Ann King , widow, June 24 . ++
David Simkins . I am a journeyman carpenter: going across Moorfields, about eight in the morning, I saw Levi with a sack: he rested it upon the rails; he then threw it down on the ground; upon this I and Mr. Jones went up to him, questioned him upon it, and told him we were afraid he came not honestly by it; Levi said it was his master's, and said he would go and call his master; he went away and never returned. The lead was delivered into the custody of the constable.
Q. Were both the prisoners together?
Simkins. No, only Levi by himself; I never saw the prisoner again. Levi before the Justice acknowledged he took it away, and he said that the other man (Carr) was by; the confession Levi made was that the other cut it and he took it away.
John Jackson . I am a bricklayer: Levi was my servant . Hearing of this lead, I questioned him about it in the morning; he said he found it in Mrs. King's garden; we afterwards went and compared the lead with the place the lead was cut from, and it tallied exactly with the place.
- Mitcham, the constable, confirms the evidence
LEVI guilty . T .
CARR acquitted .
473. (2d M.) JOSEPH BURCH was indicted for that he on the king's highway, on John Flanagan , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a man's hat, the property of the said John . ++
474 475. (2d M.) PAUL PRESTON and CALCOT CHAMBRE were indicted for stealing 180 lb. of indigo, value 40 l. the property of Robert Rose and James Mills , from a certain ship, being on a navigable river, namely the river Thames , April 27 . ++
Benjamin Jones . I am master of the Prince Toms : I lost a cask of indigo out of the ship on the 27th of April last; I had bills of lading for it. When I came to deliver the cargo, Mr. Rose and Mills charged me with the cask not being delivered. I am pretty positive I received it at Carolina; I brought it on board myself: Preston was my mate; he denied ever seeing it. On enquiring further about it, John Ward informed me Preston and Bridgman had conveyed it out of the ship; I immediately applied to Justice Camper for a warrant, and took Preston and Bridgman up; both of them confessed they took it: Bridgman is dead since the last sessions. The prisoner confessed it, and delivered eight guineas to the Justice, part of the money he had sold it for; he informed me that one Calcot Chambre had got the indigo from him; we took him up also.
Q. How much rice was for Preston?
Jones. Half; be asked me if he might have the sweepings; I told him yes.
Q. Do you remember a barrel of rice?
Jones. He told me there was half a barrel in the ship; I said if it was above the cargo have it on board the ship, and mark stores upon it, that the custom house officer might not take it.
Q. Do you know whether the indigo was left or was mistaken for a cask of rice?
Jones. The indigo was branded all with capital letters the rice was not.
Q. He had the charge of every thing in the ship at that time?
Q. And was to deliver out the whole cargo?
Jones. Yes, into boats, according to an order he had received from me.
Court. He had no authority to bring it to land for the purpose of selling the cargo?
Jones. No, I am answerable to the owners for any loss that may happen.
Q. And if any loss happens at the time he had the command he is answerable to you?
Jones. Yes, if a cask is lost we charge it to the mate.
Q. If any of the cargo is lost you would have charged him with it?
Q. What was he to do with it?
Ward. I do not know; it was carried out of the ship in bags.
Q. When? at day or night?
Ward. In the forenoon.
Q. Was the ship cleared?
Ward. No; the custom house officer was not gone?
Q. Do you know any thing of this cask being mistaken for a cask of rice? who carried it out of the ship?
Ward. I cannot tell.
Q. Did Preston give any directions for it, did you near him?
Q. Was he present?
Ward. Yes, he was; I saw him knocking it out of the cask and putting it into bags.
Q. Are you a Christian?
Q. Have you been christened?
Court. Swear him (he is sworn).
Fernando. I was cook of the ship: I was going to get some rice; the mate came to me
Fernando. I did not see him.
Q. to Ward. Was Fernando there at the time you was speaking of?
Ward. Yes; I saw him take the bags.
Q. to Fernando. You say you do not know what was in the bags?
Q. Was it Preston or Bridgman called to you to take the bags?
Fernando. Preston ordered me to bring the bags up.
Andrew Anderson . I keep a public house: on the 26th of April, Bridgman came to my house, and said he had some rice to dispose of, and said that he had brought it from Carolina himself; he said he had a barrel of it; he shewed me a sample. I went on board the ship; he rolled out a small cask; as he rolled it out, the cask rattled; I said I do not think this is rice, so he shook it, and said no, I do not think it is rice; said I, what is it? he said throw it over board, we shall have the officers come down, and we shall have the ship exchequered; I told him he need not throw it over board, if he could get it on shore, and I could have a sample, I had no objection to buy it; he asked me if I could get him a waterman; I said yes; he asked me to send it to my house; I said no, I should have it seized; I sent a waterman; I believe he brought it on shore. A little after that the waterman came to me with a sample of it; I went and enquired the value of it, and some offered me 3 s. 6 d. others 3 s. 9 d. I offered him 3 s. 6 d. he would not take less than 4 s. I believe the mate might easily have robbed the ship before that time if he chose.
Q. This indigo you say was mistaken for rice?
Q. Then he was angry for having it on board?
Q. And going to throw it over board?
Anderson. I believe he would.
Q. Why was the ship to be seized?
Anderson. Because the ensign was hoisted for the clearing boat to come down.
Q. Was the ship cleared?
Anderson. Not then, but all the cargo was out when the ship was in the dock; he could have handed it over the ship side into the street.
Court. How did he get the sample of the rice if the barrel was not opened.
Anderson. He said he had some of the same rice.
Q. to Jones. Had he any authority to fell any rice on board?
Anderson. No, none at all, nor I neither.
Thomas Brown . I am a waterman: I was sent from the shore by one Mr. Anderson and Bridgman; just as I went off I saw Bridgman going over the ship at Pellican-stairs; I carried him on shore with two bags to New Crane.
Q. Did you see Preston?
Q. What was he about?
Brown. On the ship's duty I believe; I carried Bridgman on shore again with another bag to New-stairs.
Q. Did Preston say any thing?
Richard Mayfield . I keep a public house: I know nothing of the indigo. Mr. Chambre was sent for to my house by Bridgman and Preston sometime in April; they said to buy some sweepings of rice. I do not know what he bought, or whether he bought any thing.
I went to the captain and told him there was half a barrel I took to be rice left on board the ship; he said he would mark it stores; he said you make take and sell it for yourself; when I came to sell it it proved to be indigo; when I found that I went to throw it over board; but this Anderson persuaded me not, and said he would take it on shore; I said I did not care where the Devil he took it to; I do not know who took it out of the ship.
Q. to the Prosecutor. Did you give him such authority?
Prosecutor. No; I told him he might take the sweepings out of the ship, but nothing of the cargo.
For the Prisoner.
Brown. I heard Jones say there were some sweepings on board the ship, he might make the best use of them he could.
Q. Did you hear any thing about the cask?
Brown. I heard nothing about the cask.
Q. to Jones. Could this be called sweepings?
Jones. By no means.
Q. Had it been broke after you took it in from Carolina?
Jones. No; we had a hard gale of wind, and a large quantity of rice casks stove on the passage.
Q. It was that that was sweepings?
Q. You did not mean he should open any casks?
Jones. No. He has a wife and family in America therefore I do not give evidence of the value, as I hope the Court will be favourable to him.
PRESTON guilty 39 s.
CHAMBRE acquitted .
The Court gave Anderson caution to be more careful in his dealings in future.
Guilty . T .
478. (L.) LUCY WARRINGTON was indicted for stealing one silver table spoon, value 12 s. one silver cream pot, value 10 s one silk cardinal, value 20 s. one woman's silk hat, value 5 s. one half guinea. 240 halfpence, and 1 s. 6 d. in money, numbered , the property of Hugh Fogg , May 28 . ++
Hannah Butler . I am servant to Mr. Marshall: the prisoner was in the tap room between five and six o'clock; he had a pint of beer in a silver pint mug; I saw it when I received the reckoning of him; I missed it as soon as he was gone; there were no more than two other gentlemen in the room, but they sat at a considerable distance. Last Friday the prisoner was brought to my master's house; I heard him say he had sold it for meer want.
Marshall again. I was informed on my return home that the prisoner had stole my mug; I told the story to a person who said he knew him, and he brought him on Friday; being taxed with stealing it, he said he had sold it in Oxford-road for 3 l. we went together there, and there the mug was found.
I am a very unfortunate man: I had a genteel fortune when I came of age, but by my bad economy have squandered it away: my brother lives at the corner of Hatton Garden, a man of character and fortune, and I have two sisters in town married and settled, all of exceeding good characters. Till this unfortunate affair happened my character was unimpeached. I was brought up to a genteel business.
Guilty 39 s. T .
480. (M.) JOHN PRICHARD was indicted for stealing one hair trunk, value 2 s. one silk gown, value 3 l. one muslin gown, value 40 s. the property of Ann Sear , one sattin gown, value 3 l. one linen gown, value 10 s. and six muslin aprons, value 6 s. the property of Elizabeth Lynell , in the dwelling house of William Simpole , May 26th . +
Ann Sear . Miss Lynell and I were upon a visit at Hampton; I delivered the things mentioned in the indictment, in a trunk, to the Hampton coach, to be carried to the Castle inn, Piccadilly ; when we came to town the
Eleanor Simpool . My husband keeps the Castle, in Piccadilly; the trunk was brought by the stage to our house, and left to be called for; the trunk was missing; I thought some passenger might have took it. I attended at the Justice's and saw the trunk; I cannot swear to it; it is like the trunk that was brought to our house.
I confess I took the trunk; I have no witnesses at all.
Guilty 39 s. T .
I found the watch on Tower-hill.
Banks. He said so at first before the Justice; afterwards he said he found it in a ditch, and not on Tower-hill.
Guilty . T .
Alexander Blair . I was going to find out a public house in the Strand; it was between ten and eleven at night of the 15th of June; I was much intoxicated with liquor; I met with the prisoner; she took me to a house; I lay there all night. I found myself alone in the morning, and missed my money out of my breeches pocket; I found my breeches under my head where I had put them over night.
Q. When did you first miss your bed-fellow?
Blair. Immediately when I awaked.
Q. How soon did you go to sleep after you went to bed?
Blair. I suppose directly.
Q. How came you by the money?
Blair. I had received eight guineas for another man; the other three guineas were my own, I had saved them to pay my rent; when I found myself robbed, I came down and interrogated the landlady; she used me very rough, and told me I might go about my business, and the man a-bed with her bid me go along, or said he would bundle me out of the house; the woman said she had seen but 1 s. 6 d. in my pocket.
Q. As you was drunk are you sure this was the woman?
Blair. I am very sure.
Thomas Lyon . I am an officer. I took her up the next morning, and carried her to the Rotation Office; she said he gave her the money but was very much in liquor. This bag I took from her containing three guineas, half a guinea and two shillings (producing it).
Prosecutor. That is my bag.
John Foy . I heard her own before the Justice that that bag and money belonged to the prosecutor, and that some goods were taken out of pawn with the money. The Justice said it was not very likely he should give her so much money, for a nobleman would not give so much.
He gave me the money.
Guilty of stealing but not privately from the person . T .
483, 484. (M.) JONATHAN DUNBAR and RICHARD RING were indicted for stealing twelve knives with the handles covered with silver, value 5 s. twelve forks with the handles covered with silver, value 5 s. one silk cloak laced, value 20 s. one pair of silver tea tongs, value 5 s. and five silver tops for castors, value 5 s. the property of Ann Williams , spinster, one silk cloak laced, value 20 s. the property of Susannah Williams , spinster, and one silk cloak laced, value 7 s. the property of CatherineAnn Williams , June 9th . +
Both acquitted .
They were again indicted for stealing two silver salts, value 30 s. two silver salt spoons, value 4 s. four silver table spoons, value 40 s. one silver butter boat, value 40 s. one pair of silver tea tongs, value, 5 s. the property of John Smith , in his dwelling house , June 15th . +
(The witnesses were examined apart at the request of the prisoner.)
Sarah Smith . I am the wife of the last witness: the two prisoners came on the 15th of June and desired to see a first floor we had to lett; they both went up stairs with me to see it; when we came down, we went into the fore parlour; I told them there that they might have a back parlour for the use of a servant. Ring asked if he could see the kitchen; I went down with him, and left Dunbar at the back door; when we came up they went away, and soon after I missed the things mentioned in the indictment, from a beaufet in the fore parlour; I have never seen any of them since. The prisoners said they would come again next day.
Elizabeth Cox , who is a servant to the prosecutor, deposed, that she saw Ring in the kitchen, and that she had seen the plate about half an hour before the prisoners came to the house, and that no one had been in the house but the prisoners from the time she saw the place till it was missed.
I never was out of the prosecutrix's sight.
She found me at the door where she left me.
Both guilty 39 s. T .
485, 486. (M.) RICHARD RING and GEORGE JENNINGS were indicted for stealing one watch, the inside case base metal, the outside case shagreen, value 40 s. and one cornelian seal set in gold, value 5 s. the property of William Barrel , May 25th . +
Mary Barrel . I am the wife of William Barrel : we live in Marsham-street, Westminster . Dunbar and Jennings came to our house on the 24th of May, about six in the afternoon, and desired to see a first floor I had to let; they agreed with me for it for three months, for a gentleman. Jennings came again the next morning with Ring, and desired Ring might see his master's apartments; he said he was a servant out of livery; I went up stairs with Ring, and left Jennings in the passage; I shewed him his master's bed; he desired he might see his own bed; he said he approved of every thing, and desired I would be in the way at four o'clock, as his master would come then; when I came down Jennings had the knocker of the door in his hand, and they went away. I almost immediately missed my watch; it hung up in the fore parlour; I have never seen it since, nor them till I saw them before the Justice.
Mr. Jennings said the lodgings were for a friend of his in Herefordshire; I had met with misfortunes and therefore agreed to live as a servant with that gentleman.
I never went into the room: I staid at the door. I am a surgeon , and finished my education at St. James's hospital.
Both guilty . T .
487, 488. (M.) JONATHAN DUNBAR and GEORGE JENNINGS were again indicted for stealing one watch with the inside case made of gold, and an outside dog skin case, value 10 l. one base metal watch chain gilt with gold, value 10 s. one chrystal stone seal set in gold, value 3 l. and two miniature pictures set in base metal and gilt with gold, value 40 s. the property of John Ellis , in his dwelling house , May 31st . +
Both guilty 39 s. T .
(2d M.) JONATHAN DUNBAR and GEORGE JENNINGS were indicted for stealing one watch with a gold dial plate, with the inside case made of metal, and the outside case made of gold, value 7 l. one silver pepper box, value 20 s. and one silver table spoon, value 10 s. the property of Josiah Atkinson , in his dwelling house , May 11th . ++
Both acquitted .
JONATHAN DUNBAR and GEORGE JENNINGS were indicted for stealing one black sattin cloak trimmed with silk lace, value 3 l. the property of Thomas Bell , in his dwelling house , May 31 . ++
Both guilty 39 s. T .
All the felonies for which Dunbar, Ring and Jennings were tried, were of the same sort, under pretence of taking lodgings.
489. (M.) ELIZABETH LANGFORD was indicted for stealing one linen gown, value 5 s. two linen shirts, value 4 s. two linen shifts, value 4 s. and two linen aprons, value 2 s. the property of Abraham Butterfield , May 29th . ++
Abraham Butterfield . I lost the things mentioned in the indictment; they were on a horse in the kitchen; I missed them between nine and ten at night; I had seen them about five minutes before; every thing on the horse were gone except the cuffs of the gowns; there was nobody in the kitchen. On the 4th of June my brother informed me he had seen the prisoner with one of the gowns and aprons on.
Q. to the Prosecutor. Did the prisoner go with you to the pawnbroker's after she was taken up?
Prosecutor. Yes; Maylin took her up and brought her to my house, and she confessed where she had pawned the gown; I went with her, and she took it out; it was given into Maylin's custody. (The gown deposed to by the prosecutor.)
I bought it of a woman in Rag-fair, who had it on her arm with some other things.
Maylin. When I took her I asked her where the gown was that she had on her back two hours before at Bow-fair; she said she had none but a stuff one on.
The prisoner called two witnesses who gave her a good character.
Guilty 10 d. W .
494, 495. (2d M.) EDWARD GRIFFITHS and JOHN FOWLES were indicted for stealing four child's linen gowns, value 4 s. four pair of child's pockets for stays, value 1 s. three child's flannel petticoats, value 1 s. a child's linnen petticoat, value 6 d. a brass candlestick, value 4 d. and a brass pepper box, value 2 d. the property of Edward Johnson , June 3 . ++
Both acquitted .
Both acquitted .
FREDERICK WILLIAM BROCK was indicted for stealing one silver watch, value 3 l. one silver seal, value 5 s. one steel chain, value 6 d. the property of William Andrews , May 25th . ~
499. (2d M.) HANNAH TOMLIN was indicted for stealing two linen gowns, value 10 s. five linen caps, value 2 s. a yard and three-quarters of linen cloth, value 5 s. and a silk child's jam, value 3 s. the property of Thomas Rickerby , June 3d . ++
500. (2d M.) THOMAS FLEMING was indicted for stealing a linen gown, value 6 s. a man's hat, value 1 s. a sattin cardinal, value 5 s. a cloth riding jacket, value 5 s. and a pair of women's stays, value 6 d. the property of Robert Carter , June 1st . ++
William Phillips . I lately lived with Mr. Palmer in Queen's-street, Cheapside ; there lived with him one John Davis , John Tonner and Daniel; the two prisoners lived with him at that time; the first day I came there I was employed in scouring copper plates; I came there about a quarter of a year ago; the next business I did was to pull at the fly.
Q. A fly of what?
Phillips. I never heard any name to it; it was cutting copper pieces; we called them buttons; they were to be half-pence; the fly was made use of in striking them; I have seen them out in the yard.
Q. What part did the other men do?
Phillips. We were not particular in our branches when we came to be used to it; one knew as well others; we were employed about seven weeks.
Q. How many did you make in a day?
Phillips. We counted for a couple of plates to be a piece, which cut 24 s. worth, that was a guinea's worth; we made eleven pieces to the amount of eleven guineas worth a day.
Q. For how long time was it you thus continued employed?
Phillips. Two months; sometimes we composed our day's work by four or five o'clock; it was eleven pieces. Palmer used to take out some himself; I believe I carried some out to a place I discovered to Mr. Gates; I do not know the name of it. The tools were removed from London to a house at Kensington Gravel Pits ; I went along with them when they were moved; it might be about three weeks or a month before we were taken up.
Q. Whose house was that to which they were removed?
Phillips. I know the house but do not know whose house it is: I had half a guinea a week, meat, drink and lodging; all the striking part was done at Kensington.
Q. Did you compleat them entirely the time you struck them?
Q. Did Davis to?
Counsel. They are good looking halfpence; they are very little inferior to good money; there is one where the die has missed.
Q. You were all of you but a sort of journeymen?
Phillips. Yes, to one Palmer.
Q. Was not Palmer used to tell you that he was a button-maker? what trade did Palmer profess himself to be?
Phillips. I do not know.
Q. They were made under the notion as buttons?
Q. What did he pay you your half guinea in?
Phillips. Always in gold?
Q. Have you ever seen these men work at that fly?
Q. Was Davis employed in any thing more than carrying out parcels?
Phillips. Yes, the same as we all; we were employed equally.
Mr. Serjeant Davy. You know a halfpenny from a button when you see it?
Phillips. They were halfpence I called them.
Thomas Gates . On the 8th of May I had a warrant to search a house in Queen street, Cheapside. I went to No. 27 in St. Thomas the Apostle, in Queen-street; the house was shut up, and there was no one in it. A week after I had an information that persons were in the house; I went there and found Joseph Gates and John Evans ; I saw Phillips, and Tonner the prisoner; they were removing a grindstone in the cellar; I observed on the floor of the cellar a plank of wood fixed in the ground where something had been fixed of a machine for stamping; I then went up into the garret; I asked them what they were doing; they said they were only porters hired by a gentleman in Fleet-street that day; they said they did not know him; I asked where they lay; they said in a hay field; I searched them, and found near 3 l. a piece upon each of them, gold and other money; I asked them where they were going to remove to; they said a cart and horses was waiting in Black Friars to receive them; that they had been with other thing with a knot to Black Friars, and there found the cart and horse; I went there with them, and waited for the cart and horse; nobody came to it; then I sent it to the Green yard, and took the two men to the Compter. I went up stairs before, and found two forms that were in the garret with a quantity of nine sand for casting metals. I said they should go to different prisons, and then Phillips confessed there was an information made, and in consequence of it I went to Kensington; Palmer was removed there; it was on the 16th at night, near ten o'clock; we went to Kensington and took Phillips with us; we rang a great while at the door and nobody came; I then put my hand through the gate, lifted up the latch and got into the yard; they assisted me and we broke the door open; I went and searched all over the house and there was nobody in it; we found a wheel (producing it) for the purpose of polishing brass: after they are punched out by one instrument the roughness is taken of and they are brightened by that wheel. I found a quantity of blanks for half-pence not stamped (producing some of them); I found the wheel in the fore cellar; it was lined with leather; they put emery and oil in it, and turn it round, and their own weight on the leather brightens them.
Q. Were any of the back door open?
Gates. I believe they went out at the back door as we went in at the fore door. This scoter ( producing it) I found in the out house; it marks the width of the halfpence, and then they cut it with shears. We found this (producing a large engine with a fly to it) that cuts the halfpence out of the slips of copper; we found it in the stable. We found a back door into another stable, that we broke open; there we found a stamping machine; we also found a quantity of blank dyes, 50 I suppose; there is no impression on them. We stayed in the house four or five hours at least before we got the things into a cart to get them away to the Mansion House. When I came away I left Burton, Wilson and Evans in the house. There is always three persons employed to work the machine with the fly; one stands at each end of the fly, and one puts the copper under; it cannot be worked without three persons.
Q. You found all these things by the direction of Phillips?
Gates. Yes; Phillips gave an account of them before we went; every thing tallied very minutely with the account he gave. There is a quantity of new halfpence I found under the stamping instrument.
Q. All these things you are talking of were found in the house of Mr. Palmer?
Gates. Yes; I found the act of parliament in one of Mr. Palmer's pockets in the house at Kensington.
Q. Did you live there in last May?
Turvey. Yes. I have seen Tonner at Palmer's several times; the other I do not know that I ever saw.
Q. Did you ever see or hear any thing going on?
Turvey. This day five weeks I went to the door to let two gentlemen in, and saw a cart and horses; they were going to remove that night; it was the day before Mr. Gates came; I saw several things, I could not think what they were; there were two men, I cannot say who they were; the last thing that came out was a box, and instead of pitching it in the cart they pitched it beside the cart, and it broke open and some things came out; I took one up; it
Q. Who said that?
Turvey. The man that drove the cart. I used now and then to hear a dead knock.
Q. Was the knock often repeated?
Turvey. I used to hear it several times.
Q. Pray did you ever hear any thing particular besides?
Q. You know nothing at all of those men that were removing that night?
Edward Wilson . I went to Kensington with Mr. Joseph Gates and Thomas Gates ; we searched the house; I stayed in the house after Gates went away. About five in the morning Davis came to the outer gate, and put his hand through the iron gate to lift the latch up; Evans saw him come in and told me of it, and called Jack, Jack, run to the door, I believe there is one of the men there; I ran to the door, and saw Davis there; I asked him what he wanted; he said to speak to the master of the house; I asked him what he wanted with him; he said he had done some work for him and wanted to be paid for it; I bid him follow me round to the back part, and he did very quietly, and John Evans met us at the farm yard gate, and we both conducted him through the stable gate, and brought him to the place where the instruments were knocked up or struck up, and he said, what have I done? we took him into the kitchen and bid him sit down in the chair.
Q. What answer did you make to him when he said what had he done?
Wilson. I said nothing at all. When he sat in the chair he made directly at the tongs; I laid hold of him then, and secured him that he should not do any mischief; with that he threw John Evans on one side while he had the tongs in his hand, and he wanted to get away from me; a little man that assisted us with the poker struck Davis on the arm and the head, and knocked him down; then I tied Davis by the wrist, and carried him to Baize-Water; when he came there he was saint with the loss of blood; he had lost near a quart; I gave him part of two pots of beer, and brought him to town; he came quietly till he came near Bow-street; I sent for a coach and he got away, and ran up George-street, and got the handkerchief off his wrist; I pursued him, and cried stop thief! and took him again, and got a coach and carried him to the Poultry Compter.
John Evans . I was one of the persons left behind by Mr. Gates: I was up one pair of stairs and saw Davis come to the gate, and put his hand through to try to open the gate; I suspected him to belong to them; I called out to Wilson to run as fast as he could to the gate, and we secured him; this was about five o'clock in the morning.
Q. Have you seen the press and things?
Sage. Yes, I have looked at them all.
Q. Are they fit for coining halfpence?
Sage. They will coin halfpence, silver, or gold, or any thing.
Q. Is the mill fit for cleaning of halfpence?
The gentleman hired me as a porter ; all I did was to clean knives and carry out parcels: I had ten shillings a week; I had no bed there till the evidence was hired; then he desired me and his servants to lie together.
Davis called three witnesses, and Tonner five, who gave him a good character.
Both guilty . T .
I went in and called for a pint of beer; I could not drink it all so I took it to carry home with me as I used to do.
Guilty . W .
PHILIP GRAHAM was indicted for breaking and entering the dwelling house of John Tyler , on the 30th of April , about the hour of two in the night, and stealing forty pewter plates, value 25 s. eleven pewter dishes, value 20 s. five gallons of geneva, value 24 s. two gallons of Holland's gin, value 18 s. two gallons of shrub, value 18 s. six wooden casks, value 18 s. a linen bag, value 2 s. a man's hat, value 2 s. 6 d. a linen shirt, value 1 s. and a linen shift, value 2 s. the property of the said John Tyler , in his dwelling house .++
Both Guilty . T .
507. (M.) JOSEPH MONK was indicted for breaking and entering the dwelling house of John Thitchener , on the 21st of March , about the hour of one in the night, and stealing two silver table spoons, value 10 s. three silver tea spoons, value 4 s. three china cups, value 1 s. sixteen muslin neckcloths, value 10 s. and one pair of buck skin gloves, value 1 s. the property of the said John, in his dwelling house . *
John Thitchener . I keep a house in Great Newport street ; my house was broke open the 21st of March; I went to bed last at night; the doors were all fast; they wrenched open the hinge of the cellar door; I did not hear any noise in the night; my maid, Ann Hanby , got up first in the morning, and the door below stairs was broke open, and the door belonging to the bar; the alarm was given me between six and seven o'clock that the house was broke open, and I lost the things mentioned in the indictment (repeating them).
Prosecutor. The handkerchiefs when lost were in one piece, I think these are mine; there was a fray in the muslin the same as this has.
Ann Williams . I have known the prisoner nine months, he kept his brother company who was convicted last sessions for this robbery; I received three muslin handkerchiefs from the prisoner I pawned them with Mr. Priestman, for I think 3 s. and 6 d. I think they were in three pieces when I pawned them; I received also four neckcloths from the prisoner, his brother pawned them and brought back the duplicate.
Prosecutor. I cannot swear to the neckcloths.
Williams. On the same day I received from the prisoner three silver tea spoons, I pawned in Princess-street, and received 4 s 6 l. on them; I cannot swear positively that these are the same I pawned, but I received these spoons at Justice Fielding's from the gentleman I pawned them to; in order to know them again, I made three marks on the edges of the spoons.
I know nothing of it; it is very natural she should accuse me to save my brother she lived with; I am a callico printer ; my friends come out of the country; they are not yet arrived.
Thitchener. These spoons are my property.
Not guilty of breaking and entering the house, but guilty of stealing the goods . T .
It appeared upon the evidence that both the prisoner and the deceased were apprentices to watermen ; that being in their boats near an Indiaman, the prisoner endeavouring to prevent the deceased from getting first to the ship, pushed him overboard with his boat book; that the deceased rose once, but sunk immediately, and was never seen afterwards.
Guilty of Manslaughter . B .
No. 198 H L Jan. 10th, 1773.
Twenty days after date I promise to pay to Mess. White and Ball, or order, the sum of fifty pounds, for value received.
For the Governor of the Bank.
Entered P. Poole.
Another count charged him with forging the said note, it being a promissory note for the payment of money.
Another count for uttering and publishing the note as in the last count, knowing it to be forged, against the statute. +
Mary Lewis . I keep the Two Butchers, a public house in Hog-lane. On the 14th of May the prisoner and another man came to my house; they asked for a private room; they were shewn into a back parlour; they had some beef steaks for supper; the other man asked for a bed for his friend, meaning the prisoner; he went to bed. They both dined at my house next day; after dinner the prisoner asked me if I had cash in the house, if I could give him twenty guineas upon a 50 l. bank note; I told him I believed I could not, but that I would go and ask my brother; my brother said he had not so much: the other man came to me, and asked me if I had spoke to my brother; he said it was a good note, and I need not be afraid of it; he said before that, that if I had not cash a 10 l. bank note would do; I got thirteen guineas; when I went in I was rather doubtful; I told them I would send it to my baker's and get it changed; the prisoner said he did not chuse to have it changed, because it would do to send into the country in a letter to pay his creditors; I said I hope you do not intend to trick me, I have a large family; the prisoner said it is a good bank note, before I would injure you I would cut my right hand off; I gave him thirteen guineas; he held the note up, and said, see, it is a good Bank note, and gave it me; I said I did not understand it, but I hoped they were no ways going to defraud me; they said they should be back at nine o'clock; they ordered a supper and said they would give me the money when they came to supper. I went into the kitchen; a gentleman there said the note was not a good one; I went and shewed it to my butcher; he said don't be afraid I will give you cash for it; his wife said you are no judge, I will take it to the grocer's; she took it to the grocer's, and he said it was not good. (The note is shewn to her.) This is the note; I can swear to it by the marks at each corner; I took particular notice of it before I gave it out of my own hands; they never came to the house again. The prisoner was taken up the Thursday following. (The note was read, and corresponded literall, with the note set forth in the indictment.)
Mrs. Lewis. I delivered the note to Mr. Gardner.
Q. Is it in the form of a Bank note?
Bolt. A Bank note is always made payable to bearer, and subscribed for the Governor and Company of the Bank of England. This is not upon Bank paper.
Bolt. No, there is no such name as Crosly.
I sold a horse in Smithfield to this man that took me to this house; I thought he had been a particular acquaintance of the landlady's; he told me he was going to marry her; he took me to this house to pay me for a horse he had bought of me; he went out several times after money, but said he could not get any; at last he came and told me he had got a note, and if I would go with him to the landlady he would borrow the money upon it; he borrowed thirteen guineas of her, and gave me two pieces of India handkerchiefs to make up the fifteen guineas and a half; he asked me to come there to supper, and said he would treat me because I had treated him the night before; business called me another way so I could not go to supper; it was his note not mine.
Guilty of uttering and publishing the note, knowing it to be forged .
510. (L.) RICHARD WALKER was indicted for conveying, and causing to be conveyed to Henrietta Lake , a key, being a proper instrument to facilitate the escape of the said Henrietta, she being then a prisoner in the Poultry Compter, under a warrant from my Lord Mayor, upon suspicion of forgery , June 22 d. ~
Benjamine Hyfield. I am one of the under keepers of the Poultry Compter (looks at the paper) this is the commitment of Henrietta Lake , which lets forth the cause of her being sent there; it bears date the 17th of June, 1773. On the 22d about eleven at night the prisoner was missing, the next morning between three and four I met her in Ratcliffe highway, the prisoner had been to see Mrs Lake several times, and had been that day to see her.
Henrietta Lake . I was committed to the Compter, the prisoner came to see me on the 21st, we had a good deal of conversation; he talked a good deal of his power to let me out, that be had a means of doing it; I thought it was by admitting me to bail; he came again on the 22d, in the morning, and desired to speak with me; there being a person in the room with me we went into the gallery; there he asked me if I had thought on the conversation that had passed the day before, and whether I liked the proposal he made; I asked him if he was in earnest; he said yes, but there is a person concerned with me who must have a handsome gratuity; I asked him what sum do you expect, says he twenty guineas; I told him I had no such sum, but I had ten guineas in my pocket, one I must keep for other necessary uses and I would give him nine guineas; he came again in about two hours afterwards and I delivered the nine guineas to him, taking his word as to his giving me the key; at which time I was dressed in boys cloaths; at nine in the evening the prisoner came and unlocked the door in order for me to make my escape, but it happened the keeper came before I had an opportunity of going out that delayed me some time, and the keeper in the mean time came and locked the door again; the prisoner came again in about a quarter of an hour after and delivered me the key, and took a bond of me as a security for the re-delivery of it; and about eleven o'clock, I unlocked the door, let myself out, and got away, and locked the door after me again.
Christian Hay . I am head keeper of the Compter: the prisoner was a turn key about a twelve month ago, he told me he had lost a key. I sent to the smith directly, and the lock and three remaining keys were altered; I turned him away about four months ago and he delivered up a key; I did not know he had any more.
Elizabeth Hastings . I went on the 22d of June to see Mrs. Lake; soon after I was there, the prisoner came in; they went up stairs to see some girls that were come in and to make sun; they soon returned and had some conversation in the gallery; upon my asking who that person was she told me it was a person that came to be bail, that they had had some conversation about being bail; and that the prisoner said he would be bail for her, and would get another person to join with him in that bail; they were reading a bond together; I know it was a bond, because it was for an annuity of 60 l. a year as she was talking, he was folding it up and going to put it in his pocket; I said, Lord, madam, are not you capable of keeping your bond yourself? she said yes; and took and put it in her pocket. The prisoner afterwards appointed her to meet him at the Swan in Walbrook; I went there and the prisoner came to me; I staid till ten o'clock, and was a good deal uneasy that Mrs. Lake did not come; the prisoner went out as if he was going to the Compter and then I went away.
Isaac Robinson . About six or seven days after the prisoner was discharged, I saw him come to the Compter and take a key out of his pocket, and let himself in; he staid some time, and then let himself out again. On seeing this, and knowing he was discharged, I gave Higgins the under keeper then an account of it.
John Higgins . I am turnkey to the Poultry Compter: on the 26th or 27th of last March, I happened to be in the prisoner's lodgings, and saw a master key in his drawer; I thought he had the keeping of the spare keys; I had never heard that there had been a key lost.
Henry Carefield . I am a porters on the 22d of June, the prisoner sent me to Mrs. Lake to acquaint her he would be with her about seven o'clock; Lake said every thing would beready, and was then dressed in men's clothes.
I know nothing of the key: when I went away I delivered up all the keys to Mr. Haye.
Mary Delany , who was convicted in a former sessions, but had pleaded pregnancy
James Monk , William Boyd , John Walters , Edward Delany , Joseph Cooper , and John Johnson , who were capitally convicted last sessions, were executed at Tyburn on the 30th of June: the rest were respited during his Majesty's pleasure.
The Trials being ended, the Court proceeded to give judgment as follows:
Received Sentence of Death, II.
Mary Delany , who was convicted in a former sessions, but had pleaded pregnancy .
Transported for fourteen years, I.
Transportation for seven years, 44.
John Bird , Mary Carter , William Morris , Thomas Davis , Mary Hall , William Styles , James Cornelius , Jonathan Dunbar , Richard Ring , Elizabeth Lewellin , George Jennings , Paul Preston , John Goffee , Joseph Monk , John Vickers , John Lock , Stephen Marchant , jun. William Groves , Nurse Parnell , John Fowler , Elias Cherry , William Barrett , Mary Jones , James Macarty , John Prichard , Abraham Melone , John Fitzmorris , James Sage , Thomas Miller , Christie Swan , Eleanor Miller , Catherine Waters , William Blaney , alias Evans, Jacob Levy , Isaac Archer , Mary Talbot , Mary Williams , Ann Davis , John Phillips , Elizabeth Hide , Barrow Garrett, Mary Foster , Elizabeth Rossiter , John Archer .
Branded and Imprisoned twelve Months, 2.
James Monk , William Boyd , John Walters , Edward Delany , Joseph Cooper , and John Johnson , who were capitally convicted last sessions, were executed at Tyburn on the 30th of June: the rest were respited during his Majesty's pleasure.
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 he had, the eighth Edition, of BRACHYGRAPHY or SHORT WRITING, Made easy to the meanest Capacity, Price bound 8 s.
Takes down TRIALS at LAW, PLEADINGS, DEBATES, &c, And Teaches the ART of SHORT HAND upon reasonable Terms.
Of whom may be had, the eighth Edition, of BRACHYGRAPHY or SHORT WRITING, Made easy to the meanest Capacity, Price bound 8 s.
Takes down TRIALS at LAW, PLEADINGS, DEBATES, &c And Teaches the ART of SHORT HAND upon reasonable Terms.
Of whom may be had, the eighth Edition, of BRACHYGRAPHY or SHORT WRITING, Made easy to the meanest Capacity, Price bound 8 s.