NUMBER VI. PART I.
Sold by T. BELL, at (No. 26.) the Top of Bell-Yard, near Temple-Bar
King's Commission of the Peace, Oyer and Terminer and Gaol-Delivery, held for the City of LONDON, &c.
BEFORE the Right Honourable JOHN WILKES , Lord Mayor of the City of London; the Honourable Sir EDWARD WILLES , Esq, one of the Justices of his Majesty's Court of King's Bench *. The Honourable Sir GEORGE NARES , Knt. one of the Justices of his Majesty's Court of Common Pleas +. The Hon. Sir BEAUMONT HOTHAM , 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 Justice 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) London Jury,
(M) First Middlesex Jury,
(2d M) Second Middlesex Jury.
First Middlesex Jury.
Second Middlesex Jury:
JOSEPH GRINDAL was indicted for stealing a Promissory Bank Note, value ten pounds; one other Promissory Bank Note, value ten pounds; one other Promissory Bank Note, value ten pounds; one other Promissory Bank Note, value twenty pounds, the money secured by the said Notes being due and unsatisfied ; the property of Churles Bates, June 19th .
Charles Bates . I live at the Cock and Lion, Little Britain . The prisoner is a taylor , I sent for him to my house, and gave him my cloaths to mend. Some time afterward, I recollected that I had not taken out of the pocket, a canvas bag with three ten pounds, and a twenty pounds bank note. I went to his house, and asked for him; he was not at home; I asked the man for my coat, I unbuttoned the pocket where I had forgot before to search, and the bag and notes were gone. I was much vexed, Mrs. Bates asked me what was the matter; I told her, in the cloaths there was a canvas bag and bank notes. She asked me if I could remember the numbers; I told her I could not just then. I went to the bank, and enquired of the clerks whether any body had been there with the notes for cash; one of the clerks examined, and told me there had not; I told him I had sent my cloaths to the taylor's to mend, and there were some bank notes in the pocket; I desired him, when they should be brought, to take notice of the man; that the taylor was a tall man in a dark grey coat. I saw him come home. The clerk of the bank came and informed me the prisoner had been at the bank with a note. He said he passed him in Honey-lane market; I went to seek him, and I presently saw him go by. I called him; at last he turned about and came over; I took him into a parlour, and said I gave him my cloaths, that in an inside pocket there was a canvas bag with fifty pounds in notes. He said he saw nothing of it. I told him, he had it. He said no. I told him I knew he had been at the bank, and bid him go home and bring them to me. He went, but did not come back. The next morning I charged a constable with him, and took him to the bank. He said, he never was there in his life: this was on the 20th, the day after he had changed a ten pound note. The clerks said they knew him. He still denied it. They told him they were sure he was the man, and told him what a dangerous thing he had done, and desired him to go with me and make it up. I said, if he would give me sundry notes for the ten pounds he received at the bank, I would make it up, but he refused to do that. We went; and had a hearing before Alderman Hopkins, who sent him to Wood-street compter.
On the Prosecutor's cross examination, he said that it was before breakfast he sent for the prisoner, and delivered him a coat, waistcoat, and breeches to repair; that after breakfast he went to see after the notes, and found the prisoner at work on the cloaths; that he did not examine the pockets before.
John Haywood . I live just by the prosecutor; I was at his house the morning he lost the notes, and he acquainted me with the affair. He told me one was a ten pound note he had given me cash for; it was an old note with a good deal of writing upon the back, and the inside had writing on it. I do not recollect the number. I told him if I could see the note I could almost be positive to it. I saw it afterwards at the bank, I was sure it was the note, for I changed no other note with him.
Mr. Boults on his cross examination said, that the prisoner came with the note between eleven and twelve o'clock; that the prosecutor had been there ten or fifteen minutes before to describe him; that when he saw the prisoner come in, he told them the taylor was come, and that he was positive the prisoner was the man.
Q. from the Court to Mr. Haywood. Is this the bank note you sent to Mr. Bates?
Haywood. I believe it is by the number of writings that are upon the back: there was a scruple when I changed this note, there was so much writing upon the back; I did not take so much notice of the names.
John Waldon . I am in the service of the bank. On Monday morning the 19th of June, the prisoner offered this note for payment; it being an old note, he was to get it examined; after it was examined, he wrote his name, John Brown, Stanhope-street, May fair; before this, Mr. Bates had been with me, and had given me a description of a man he suspected had these notes; in consequence of which, Mr. Boults desired me to step after this man, and see where he went; turning up an alley which leads to Honey-lane I missed him; I went and told the prosecutor the man he described had been. The prisoner came by soon after in the dress I had described him in; he was called into their house, and charged with it, but he denied it. I saw no more of it till he was brought to the bank by the constable.
George Hall. I am a teller at the bank of England. I paid the prisoner a ten pound note in the name of John Brown. I asked him if his name was Brown; he said yes; I paid it about eleven o'clock.
On Monday morning I took these cloaths to mend; the prosecutor said he must have them that day; I told him he should; he said here are some pockets whence I have lost some money, and shewed me where he had ripped the lining, and took the money out. There wanted several places mending in the lining; he said, do what is to do, and let me have them; I told him what there was wanted doing. My man did not come to work that morning at six, I went and called him, he came to work some time after; then I went to White-street, and measured Mr. Hunter for a waistcoat and pair of breeches, I did not leave him till half after eleven o'clock; then I proceeded through Lincoln's Inn and several other places, and we parted on Snowhill. I never was in the bank before Tuesday morning in my life.
For the Prisoner.
Thomas Hunter . I am a smith, I live in Little Wild-Street, Lincoln's-Inn-Fields; the prisoner came to my house on Monday morning the 19th of June, at nine o'clock; I should not have recollected the day particularly, but I had some jobs to do for him, and looking in my book, I found the day; he staid at my house to measure me for a waistcoat and breeches about three quarters of an hour, then we went to the mountain and had some drink, where we staid till past eleven; we did not part there, but in the city; then we met Mr. Tudor and Mr. Henry Luker ; they came to my house, they had some business with me; we four were in company together. After we left the Fountain, we went and found a man I wanted to see: the Fountain is near Clare-market, from thence we went towards the city; we went across Fleet-market and parted on Snowhill; he said, he was going towards home; it then wanted but three or four minutes of twelve by the church clock; I have known the prisoner some time, he has a wife and family; I never knew but that he was an honest man, he has worked for me five or six years.
Robert Tudor . On Monday the 19th of June, I went about some business for Mr. Hunter about nine o'clock; I came back to Mr. Hunter's and staid and drank some liquor till within a few minutes of twelve o'clock; we were together; then, I went with Mr. Hunter to the Tower, we parted with the prisoner; Grindal and I afterwards met and went to St. Sepulchre's church; then it was twelve at least.
Henry Luker . I was in company with the prisoner, Tudor, and Hunter, on Monday was three weeks; I was with them at the Fountain, near Clare-market three hours; I parted from them there; it then wanted about a quarter of twelve o'clock.
The Prisoner called eight other witnesses who gave him a good character.
502. (L) EDWARD MORGAN was indicted for stealing thirty-nine lb. wt. of lead value three shillings, belonging to the Mayor, Commonalty and Citizens of the city of London , the said lead being affixed to a certain building their property , June 5th ++.
John Eyre . I live in Houndsditch opposite the premises; on the 5th of June I saw the prisoner come out of the yard with something under his coat; I followed him about fifty yards and then stopped him and brought him back; I found this lead upon him; I compared it with a stable belonging to the city, where some lead had been taken from, and it tallied exactly; I saw the stable three hours before, and the lead was all safe then; I weighed the lead myself it was thirty-nine lb. wt.
I am quite innocent of the charge.
For the Prisoner.
Guilty of stealing to the value of 4 d.
- Maclamare. I have known the prisoner some years.
Q. Do you know Mrs. Folgar?
Maclamare. I gave her away at the parish church of St. Dunstan's, to the prisoner at the bar, eight or nine years ago; I believe it was in the month of November.
Q. Do you remember whether it was the Lord-Mayor's day.
Maclamare. I believe it might.
On his cross Examination, He said.
"prisoner and Mrs. Folgar, lodged at his house
"after they were married, but that they were
"much interrupted by her parents, which drove
"him from her soon after they were married."
Q. What age was you when you was married?
Parkins. I was more than twenty-one,
Caleb Tavernner . I am the parish clerk of St. Ann's, Soho, I don't remember the last witness being married there; I don't remember her person; here is a copy of the register (producing it) I have examined it by the register book (it was read in court.)
On his cross Examination, he said he did not
On my return to London, I found Mrs. Folgar, married to one Mr. Frazier; I had not seen her for seven years, and being ignorant of the nature of the law, I thought I was at liberty to marry again.
Mary Botley . On the 23d of June last, I lost twelve forks and one knife; I saw them about two hours before they were taken away. I missed them about two o'clock; I had laid them in the window of my tap-room; they were found an hour after.
(The Knife and forks were produced and deposed to by the prosecutrix.)
Williams. I live next door to the prosecutrix; I was standing at my door, when the prisoner was there; I saw a knife and some forks falling from his pocket; I believe the prisoner took them up again and put them into his pocket. Hearing the prosecutrix had lost some knives and forks, I went to the prisoner who stood at the door, and felt them in his pocket; he would not let me search him, but made off. I found them afterwards in a ditch about one hundred and fifty yards distance from the house.
I never had them in my custody, another man had taken them.
For his Character.
Wm Williams. I am a serjeant in the regiment the prisoner is in, I have known him about sixteen years in the regiment, I never heard him charged with theft, he has been guilty of breach of duty, owing to his getting now and then in liquor.
Guilty 10 d. W .
505, 506. (2d M.) JAMES BURDELL , and JOHN COX were indicted for breaking and entering the dwelling-house of Isaac Ballard , on the 3d of June , about the hour of eleven in the night, and stealing seventeen yards of wrought silk, value six pounds, the property of the said Isaac, in his dwelling-house ||.
508. (L.) JOHN LYNCH was indicted for stealing a wooden trunk value one shilling, a gold watch value eight pounds, another watch with the inside case made of gold, the outside case base metal, value four pounds, and two cornelian seals, value twenty shillings , the property of Henry Green , June 6th ++.
Henry Green . I am a goldsmith ; I lost a trunk with some watches in it, out of the boot of a coach at the bottom of Ludgate-hill : I hired the coach at Greenwich, on the 6th of June; I gave the box to the coachman, and I saw him put it into the boot. I saw the prisoner's arm, and I saw him drop it. The coachman laid hold of him directly; we secured him, and took him to the watch-house;
Joseph Love . I am a coachman, I drove Mr. Green to town; I received a paper trunk from him, at Blackheath, which I put into the boot of the coach; we never stopped till we came to the bottom of Fleetmarket. Mr. Gundy who keeps an oil shop there, and was in company with Mr. Green, got out, I took out a hamper of Mr. Gundy's, there was an-hamper behind the coach; I went to the back of the coach to untie the hamper, then as I stooped, I saw a man's legs by the fore-wheel,
(The trunk produced and deposed to by the prosecutor.)
Q. from the prisoner. Did you not say, when you took me to the Round house, let the lad go, there is only a parcel of rags in it.
Green. I said no such thing; there were some clouts in it; we had a child with us; I said, he would have had a good booty, for there were two watches in it.
That man run against me and knocked me down, and then said, I took this box; I never had it; they took it from under the horses feet.
For the Prisoner.
- Brown. I am the Turnkey of the Poultry Counter; when he was brought in, he said, he had been ill used.
Robert Emery . I live in Fleet-market , I am a fruiterer . Upon Monday the 26th of June, in the evening between four and five o'clock, the prisoner took the key out of the shop, to go up two pair of stairs. I went to the Bell-Savage-Inn; when I returned, he was not come down: my wife went up and found the key in the door, the prisoner was gone, and the money and pocket apron was missing. The prisoner was afterwards brought to me by one John Meredith .
John Meredith . On Monday night the 26th of June, I had some business to do at the Six Bells, I was sitting in a box with a friend, and the prisoner was in another box; there came in a lad, and said, he could not get him a lodging, but said he should go with him; but, says he, let us have a pint of beer; I thought he was going to decoy him away to get his money from him. I asked him where he came from, and where he was going; he said, he was going to Gloucestershire, he said he had served a Mr. Emery, a butcher in Newgate market; I told him the man wanted to get his money from him, and if he came honestly by the money, I was going to town, and would take care of him; he then said, he had told me a lie, that he never served a butcher, but found the money in Newgate market. I took him to the roundhouse for that night; I came to town, and enquired in Newgate market, but could not find Mr. Emery, but I heard there was such a man in Fleet market, I went and informed him of it.
The halfpence were in an apron in the window.
For the Prisoner.
Another Witness. I do not know much of him, but if he is cleared I will employ him.
Guilty, 10 d. W .
510. (L.) EDWARD PAGGETT was indicted for stealing a linen table cloth, value one shilling; two linen aprons, value two shillings; a linen shirt, value two shillings; and a silver watch, value three pounds , the property of Richard Chesterman , June 23d. ++
At the prisoner's desire the witnesses were examined apart.
Catharine Chesterman . I locked my door, and went into the one pair of stairs room, and staid there about a quarter of an hour; when I came down, I found the door of the lower room on the jar; I went to go in, and there was something behind the door, I pushed, and the prisoner
John Dan . Mrs. Chesterman came into my room up one pair of stairs, and staid ten minutes, or a quarter of an hour; she had not been gone down above five minutes before I heard her cry out, murder! I looked out of the window, and saw her down upon her back, and the prisoner upon her; I went down and laid hold of the prisoner till somebody came to assist me.
Benjamin Carter . I am a shoemaker; I live opposite the prosecutor's; I heard a noise, I looked out and saw a woman on the ground, and the prisoner upon her; I saw something drop out of his hand into the next garden. I saw it was a watch, a number of people gathered upon the occasion, I called out, and said the watch was in the garden; a young man ran into the garden and took it up.
Q. from the prisoner. Did not you say before the alderman that you did not see me throw the watch?
A. I said then, that I did see him throw the watch away.
David Edmunds . I live at the same house as Benjamin Carter does. I was going out, and heard the woman cry out murder! and afterwards cry out thieves! I ran into the house, and saw the prosecutrix on the ground, and the prisoner upon her; they lay pretty still; the man had his hands behind him. I fetched the watch out of the garden. I did not see it thrown over.
John Sheppard . I am an officer. The watch has been in my custody; it was delivered to me in Mr. Chesterman's house, (the watch produced, and deposed to by Mr. Chesterman) I searched the prisoner, and found two keys in his pocket; upon trial, one of them opened the prosecutor's door.
I was going to work in the morning, I heard a woman cry out murder! I ran to the pails and jumped over, and the woman laid hold of me, and pulled me down, and asked for her watch. I asked what she meant by her watch, she found none upon me.
For the Prisoner.
Judith Carraway . I live in Cow-heel alley, I was going through Cradle-court-road, and heard a clamour of murder; I stopped, and saw the prisoner at the bar jump over the pails, and he was pulled in, or over; there was a woman with me; we went in, and a man said he threw the watch away; the prisoner asked if it was he; he said he could not say it was him.
Sarah Shaw . I was with Judith Carraway, and we heard a cry of murder; we ran; I saw the prisoner jump on the pails; whether he fell over, or they pulled him over, I cannot say; he asked them if they saw him throw the watch away; they said, they could not say it was him.
Q. from the jury. Are you sure you heard the cry of stop thief, before he jumped on the pails?
Prisoner. The constable took two shillings of me, and said if I could let him have some more money, he would let me go.
Constable. I did not take two shillings; I said no such thing.
511. (L) THOMAS RICE was indicted for stealing a Promissory Note, commonly called a Bank Note, made signed, and subscribed for the governor and company of the bank of England, for the payment of fifteen pounds, the money secured by the said note being due and unsatisfied , the property of John Place , and Timothy Place .
Second Count, laying it to be the property of Buckston, June 21st . ++
ANN O'BRIAN was indicted for stealing a silk purse, value one penny; two guineas and a crown piece ; the property of Benjamin Baxter , June 25th . *
515, 516. (2d M) JAMES BURDEL and PETER MAYHUE were indicted for stealing a cotton gown, value six shillings; a linen gown, value eight shillings; a white lawn gown, value seven shillings; a silk and stuff gown, value seven shillings; two black sattin cardinals, value forty shillings; two callimanco petticoats, value twelve shillings; five linen shifts, value five shillings; three linen shirts, value three shillings; seven muslin handkerchiefs, value seven shillings; a linen handkerchief, value one shilling; a check apron, value six-pence; and a silver shoe buckle, value two shillings, the property of Catharine Kelly , widow, in her dwelling house , April 23d . +
Both acquitted .
William Dobson . I am a porter . The prisoner was waiter at the White-Horse cellar, Piccadilly; we slept in the same room: I lost a blue silk purse and forty-nine guineas out of my box. The box was locked; I saw the money in it on Sunday, and missed it on Tuesday morning. The prisoner slept with me on Sunday night, and absconded on Monday afternoon about five o'clock. We found him at Westminster, at one Newman's, a private lodging house. He had nineteen guineas and a half upon him in a purse (the money produced by Wright) Here is one guinea particularly marked, I can swear to it; I had taken a deal of notice of it: A goldsmith was going to clip it with a pair of shears, I prevented him, and told him I would run the risque of getting rid of it.
H. Wright. I apprehended the prisoner, and found the money upon him, and a key; I tried the key to the box, the money was taken out of, but it would not open it.
The money is my own, I came very honestly by it; I had saved it up in the different services where I lived.
Q. to the prosecutor. What did he do with his things?
Prosecutor. His things were tied in a handkerchief, and put under the stairs, in the way out of doors. He used to keep them up three pair of stairs.
The prisoner called eleven winesses, who had known him a great many years, and gave him a good character.
518. (M) ELEANOR ANDERSON was indicted for that she in the king's highway, in and upon Robert Kitchen did make an assault, putting him in corporal fear and danger of his life, and taking from his person three shillings and one halfpenny in money, numbered, the property of the said Robert , June 10 . - ||
John Flack . I am an hair dresser , last Monday was se'ennight about half after ten at night being in liquor, and seeing the prisoner in the street at the top of the Hay, market, I told her I wanted a bed; we went together to the Red Lion in Piccadilly , there was a bed in the lower room; whether she went to bed with me or no, I am not certain. I had a watch, four guineas and a half, and some silver; I undressed myself, and felt the money and watch in my pocket before I went to bed, I fell asleep directly.
Q. How long after you came to the house was it, that you went to bed?
Q. Was she searched?
Flack. No, He asked her for my watch and money; she threw the watch under the bed and a case of combs; I gave her some money before I went to bed; she said, she had no money: the money was afterwards found in her shoe.
Q. You did not give her the watch over night?
Q. What did you give her?
Flack. Eighteen pence.
The watch was produced in court and deposed to by the prosecutor.
Morgan Williams. I am waiter at the Red Lion in Piccadilly. On Monday was se'ennight the prisoner and the prosecutor came into our house at near 11 o'clock, he said, he wanted a bed for him and his wife; I shewed them the bed, and he paid me a shilling for it; they then had a quartern of brandy, and in about half an hour after they had a quartern of rum; the prisoner came down in the morning and offered me six-pence to let her go out; I took her into the room and waked the prosecutor, and she threw the watch and some other things on the bed before she was charged with the robbery. I went and fetched the constable, and she was taken to the watch-house.
Frances Mould . I was at a house called the New Castle upon Tyne, near Cambridgestreet: after the prisoner was committed there was the constable's wife, the constable and another man; I found four guineas upon her, between the callico and lining of her shoe, in a dirty ragg, pined to the lining of her shoe.
The money was sent me by my friends in Ireland two days before, to go over to them; the prosecutor met me in Piccadilly, he said, he knew me, he pulled me into the place, and took me into a back room, and gave me two shillings. I said I did not want it, I had money enough of my own; he put it in my bosom and used me ill, he made me drink part of two quarterns of rum.
Q. to Williams. Was he asleep when you carried up the 2d quatern?
Mould. No, He paid me for it.
Elizabeth Day . I live in Ratcliff Highway; I was in New prison with the prisoner, some men came to take me out; I had the box in my hand and shewed it to the prisoner; she snatched it out of my hand, and said she would, not give it me again, and said she would be d - d if I should have it; I did not make any words, she said, she would have eighteen pence; I told her if she would stay till night I would give it her. When the men came, they offered her two shillings, but she would not take it; she said, she had chucked it to me, but I never saw it since, she said the wanted a pair of shoes, and would buy a pair with it: I went several times to New Prison to get it.
I never asked her for a farthing in my life; she offered to sell the box to a woman who was in New Prison; she pledged it at the chandler's shop for six pence I never had the box in my hand.
Guilty. 10 d.
521, 225. (2d M.) RICHARD YARDLEY , and JOHN YARDLEY , were indicted for feloniously and traiterously forging, counterfeiting and coining a piece of false, feigned and counterfeit money and coin to the likeness and similitude of the current money of this realm, called a shilling , against their allegiance, and against the statute, June 30th , +
Both Acquitted .
525. (2d M.) PETER MAYHUE was indicted for stealing a crape gown, value five shillings, two stuff gowns, value eight shillings, a black quilted petticoat, value four shillings, a stuff bed gown, value two shillings, a red petticoat, value two shillings, a red cloak, value four shillings, two flannel petticoats, value four shillings, two linen sheets, value eight shillings, a flock pillow, value one penny, a mahogany tea chest, value two shillings, a cloath coat, value five shillings, and two check aprons, value one shillings ; the property of Joseph Cracknell , March 30th .
527 (M.) SUSANNA POWELL otherwise FARMER , was indicted for stealing a linen sheet, value two shillings, the property of Robert Devereux , being in a certain lodging room, let by contract by the said Robert, to the said Susanna . Against the statute, July the 4th .
The Prosecutor was called, but not appearing his recognizance was ordered to be estreated.
529. 530 (M.) HENRY M'ALLESTER and ARCHIBALD GIRDWOOD , were indicted for, that they in the king's highway, in, and upon John Edridge , did make an assault, puting him in corporal fear and danger of his life, and taking from his person, three guineas in money, numbered, the property of the said John , June the 7th . +
John Edridge . I live in Davis-Street, the corner of Mount-Street, near Berkeley Square, on the 7th of June, between nine and ten o'clock, at night, I was passing in a post chaise with the Rev. Mr. Horne, between London, and Brentford; two men on horse back, met the chaise when we were between the fifth and sixth mile stone, near the end of Gunnersbury-Lane ; they separated just as they came to the head of the horses, and both called out stop, I thought the seperation might be owing to the post boy running against them; I had no thought that they were coming to rob us the boy that drove the chaise stopped instantly, then one of the persons came up to the left hand side of the chaise, claped a pistol to Mr. Horne's breast and demanded his money, and bid him look down; while he was robbing Mr. Horne, the other came up to the right hand of the chaise past it, turned round, and just shewed me his pistol, but he did not present it to my breast, and he demanded my money, he bid me make haste, I said, he should have it directly, I gave him three guineas; he said, that was not all, I told him I had other money, and put my hand in my pocket and pulled out about eight shillings, and held it to him, he said, he would not distress me, and bid me put up my silver; then he said, you have a watch, I told him I had not; he said, you have a pocket book, I told him I had none; he said, then upon your honour, you have no watch or pocket book, I said, I had not upon my honour; then he bid the boy drive on.
Q. Who was the person, that robbed you.
Q. What sort of a night was it.
Edridge. It was remarkably fine, it was as light a night as ever I saw.
Q. Could you distinguish M'Aliester's face.
Edridge. Yes, I could distinguish him very well, I had more opportunities than one of seeing his face, I saw him first behind the chaise, and as he turned his horse round, I saw his face again, the moon shone full in his face, as he turned round; I am very positive to him; I gave information of the robbery at Sir John Fielding 's, a day or two after, and I was informed on the Monday or Tuesday following that two person were taken, and I was desired to attend at Sir John Fielding 's on Wednesday; I went there, when I went in, the two prisoners were standing at the bar, M'Allester was very near me, I was very positive he was the man I gave the money to, I did not know the other prisoner.
Q. from M'Allester. Whether you did not at first doubt whether I was the person, and could not distinguish me till you put on your spectacles.
Edridge. The first time I saw him at Sir John Fielding 's, I was very near him; I am near sighted, but I was so near as to distinguish him with my natural eye; sometime after, when I was called upon to make oath, at a further distance, I could not distinguish him at that distance, but when I put on my spectacles, I was as sure he was the man, as when I saw him near with my natural eye; when I heard the prisoners were taken, I went to Mr. Horne and to the boy that drove the chaise, at the Three Pigeons at Brentford, where the chaise was hired from; the boy that drove the chaise, said, he could not swear to the prisoners he was so frightened; Mr. Horne, said he was ordered to look down and could not recollect the person that robbed him.
Edridge. No, I was not.
Court. Do you remember what sort of a horse M'Allester was upon?
Edridge. It was a dark brown horse, and very sprightly he over-shot the chaise; and as he turned back I saw his face.
Matthew Sheppard . I am servant to John Sheppard , at the Star in Blackman street; the two prisoners came to our house once or twice to hire horses; Girdwood had hired horses at out house about a month or six weeks, and the other about a fortnight, Girdwood used to come by himself to hire them, they used to come together to ride out; they usually went out at twelve or one at noon, and generally returned at ten or eleven at night but never later; sometimes, indeed they kept them till next night.
Q. Do you recollect their having horses the 7th of June?
Sheppard. Yes, about that time, as they paid for them, I took no account: the horse M'Allester rode upon was dark brown bay, with cropt ears, he never rode hardly any other; the other was a bright bay, with a stripe in the face.
Sheppard. Mr. Bond has the paper, it is taken from my master's book; I give the account to my master, and he puts it down, I am pretty sure it was the 7th, I think it was the 7th.
Q. How came you to say you took no account of them?
Sheppard. Because I take the money and give it to my master; I give him the account and he puts it down in the book.
This gentleman and I hired the horses on the 7th of June, we rode together to the foot of Westminster bridge, and there we parted. I went to see my mother, at Bromley, in Kent. at a clergyman's widow's, she was very ill at that time; I stayed all night, and returned to town next day. I met Girdwood by appointment in Westminster, from thence we went
Lydia Hawkins . I live with Mrs. Howell, a clergyman's widow, at Bromley in Kent; I have lived in the family seven years; M'Allester's mother has been an acquaintance of my mistress's 12 or 14 years; a little more than a month ago, she was taken with a sit of the gout, in her stomach, and desired her son might be wrote to: he was, and came down on the Wednesday by dinner time; he staid with his mother all night; helping me to administer hot clouts to her; he was backwards and forwards in the room and kitchen; he never was out of my sight an hour together all the night. he returned to town next morning. I remember it was the Wednesday, because, the Monday following, I heard he was taken up for a robbery, committed that night.
M'Allester guilty Death .
Girdwood acquitted .
531 (M.) HENRY M'ALLESTER and ARCHIBALD GIRDWOOD were a second time indicted, for, that they in the king's highway, in and upon Thomas Gainsborough , did make an assault, puting him in corporal fear and danger of his life, and taking from his person a watch, with the inside case made of metal, and the outside case covered with shagreen, and two guineas in money, numbered the property of the said Thomas , June 7th . ||
Both acquitted .
(M.) HENRY M'ALLESTER and ARCHIBALD GIRDWOOD were a third time indicted, for, that they, in the King's highway, in and upon John Christian Bach, did make an assault, putting him in corporal fear and danger of his life, and taking from his person 2 gold watch, value 20 l. a gold watch chain, value, three pounds, and a guinea in money, numbered the property of the said John , June 7th . +
Mr. John Christian Bach . On the 7th of June, as I was coming to town, when I was about half a mile on a mile, beyond Hammersmith , I was attacked by a highwayman: he cried, Stop, your money or your watch! That waked me, for I was asleep in my carriage. He took my watch and a guinea; the business was very soon over, I should not know at all the person that robbed me: it was about half after 9, or near 10 o'clock.
Nicholas Bond . Here is the gold watch, (producing it) I was informed by a woman who was in confinement, that the prisoners lodged at one Mr. Holmer's in Kent street, in the borough; I went with her in a coach, and found Mr. Holmer at home; I asked him, if two young men lodged there; he said, yes, up one pair of stairs. We went up, and found the door open. I went in with Mr. Holmer, and the woman; Mr. Holmer is here, there was a chest of drawers with five drawers in it; they were all locked. I asked. Mr. Holmer who had the key; Mr. Holmer said, the persons who kept the room. I then recollected, I had a key in my pocket that was found upon Girdwood, by Dinmore, at the office; with that key I opened the drawers; and in the first drawer, found this watch. I knew the watch as soon as I saw it, because I had taken the description from Mr. Bach's mouth before: I found two balls and some powder in one of the large drawers.
Mr. Bach. This is the watch I was robbed of.
James Holmer . I am a surgeon in Kent-street, in the borough; Girdwood lodged about six weeks or two months at my house; he lodged there when he was taken. M'Allester had lodged there four or five days, or a week; they both lay in the same bed; Girdwood paid for the lodging; they were never out after eleven o'clock as I know of. I was at home when Mr. Bond came; I went up stairs with him; he opened the drawers with a key he had in his pocket, and in the first he found a watch, I believe that is the watch, I was by when he found it. He found some powder and ball also.
Mr. Bach. The chain and the seals were together when the watch was taken.
I have nothing to say in particular; I desire to ask Mr. Bach whether there is any particular on that chain to know it?
Bach. I do not recollect any particular mark; I am sure to the seals. I think the chain is mine.
Mc Allester acquitted .
Girdwood guilty , Death .
532, 533. (2d M) SAMUEL BYROM and WILLIAM MASON were indicted for breaking and entering the dwelling house of Samuel Cope , on the 28th of June , about the hour of one in the night, and stealing a linen table cloth, value ten shillings; twelve yards of silk, value twelve shillings; four silver table spoons, value twenty shillings; a silver punch ladle, value five shillings; and a silver watch, value thirty shillings; the property of the said Samuel, in his dwelling house . ++
Both acquitted .
534 (2d M) SAMUEL BYROM was a second time indicted for breaking and entering the dwelling-house of Thomas Chapman , on the 23d of June , about the hour of twelve in the night, and stealing two copper saucepans, value two shillings; and two pewter dishes, value two shillings; the property of the said Thomas, in his dwelling-house . ++
(2d M) SAMUEL BYROM was a third time indicted for stealing a black callimanco petticoat, value eight shillings; and a silk handkerchief, value one shilling ; the property of William Westfield , June 26th . ++
- Westfield. I laid the black callimanco petticoat and a handkerchief near the bed; we slept with the window open: in the morning I found the petticoat and handkerchief missing.
I am as innocent as the child unborn.
London, June the 7th, 1773.
Second Count, for uttering and publishing the same note with the same intention, June 7th ,
There was no evidence given.
Mr. Matthew Harrison . On Saturday the 17th of June, between one and two o'clock, as I was going into Change-alley , in the passage by the Union coffee-house, I felt something at my pocket, I turned round, and a gentleman had secured the prisoner; he had a blue apron on, I turned it up, and saw my handkerchief under it,
Thomas Atkins . On the 17th of June, coming down Change-alley, I saw the prisoner put his hand into Mr. Harrison's pocket, and take his handkerchief out; I laid hold of him, and informed Mr. Harrison of it. The handkerchief was found upon him.
I found the handkerchief on the ground, I did not know that it belonged to that gentleman.
John Smith . As I was going through Token-house-yard yesterday, at about twelve o'clock, a gentleman came after me, and told me I was robbed of my handkerchief: I had it just before, (the handkerchief produced.) I cannot positively swear to it; there are the initials of my name upon it, I believe it is mine.
William Norman . About twelve o'clock yesterday noon, near Token-house-alley. I saw the prisoner take the handkerchief out of Mr. Smith's pocket, and put it under his coat; I secured him, and found the handkerchief upon him, and then went after Mr. Smith, and informed him of it.
I found the handkerchief in Token house-Yard.
Jonathan Puncheon . I am servant to Mr. Pugh, an oil-merchant and soap-maker . On the first of June, about eleven minutes before eleven at night, a watchman called me up, and informed me the warehouse had been robbed; and at the outside of the threshold of the door, I found three bags of vermilion; there were three such bags missing; they were kept in a cask: I found them missing the next morning: the prisoner had been porter to Mr. Stone; he was discharged from his service about April was twelve months.
John Godfrey . I am a constable; on the 1st of June, about a quarter before eleven, the prisoner was brought to the watch-house, by two watchmen, who charged him with breaking open Mr. Stone's cellar, in Great St. Helen's; I examined him, and found in his pocket a tinder-box with tinder; a flint, steel, a bunch of matches and a bit of candle, (producing them) he said, there were two other men concerned with him in taking this vermillion out of the cellar, but would not tell their names. He said, they brought it up and he took it from them. When he was taken by the watchmen, he threw this key from him ( producing it) which opens the padlock of the cellar.
Frincis Whetherick . I am a watchman in Great St. Helen's, where this warehouse is, on the first of June about a quarter before eleven, I heard the help of the door rattle, as if the padlock was taking off the staple. I went up to the door and saw the prisoner, and the three bags of vermillion at his feet; I asked him what business he had there, he said he was only making water; I told him he must go to the watch house, and give a better account of himself; I called another watchman to assist me, as we were going to the watch-house, I heard him drop something, the other watchman picked it up, it was a key, which I saw tried to the lock.
Q. to the Constable. Was there any promise made to him, when he said the other two men were concerned with him, and gave it him out of the cellar.
Godfrey. It was said, if he told who the men were, and Mr. Stone and Mr. Pugh, got their things again, he might be admitted an evidence.
I was very drunk that night; there were two men had gambled all my money from me, they told me, if I would stay there while they went down into the cellar, they would give me the money they had won of me.
Pritchard. I knew the prisoner while he lived with Mr. Stone, he always appeared honest, though not very sober.
540 (M.) MATHIAS M'MAHOAN was indicted for, that he in the king's high way, in and upon, Richard Warren , did make an assault puting him in corporal fear and danger of his life, and stealing from his person a metal watch, value four pound and seven shillings in money, numbered the property of the said Richard , June 22d . +
541. 542. (M.) HENRY AISTE and THOMAS AISTE , were indicted for breaking and entering the dwelling house of James Richdale , on the first of July , about the hour of two in the night; and stealing fifty-six pound weight of sugar, value twenty shillings; the property of the said James, in his dwelling house . +
Both Acquitted .
543, 544, 545. (M.) SAMUEL WARD , WILLIAM HUNT , and SAMUEL EMANUEL , were indicted for stealing four pair of silver shoe buckles, value eight shillings and three odd silver shoe-buckles, value two shilings and six-pence , the property of William Salmon , June 8th . +
The witnesses were examined a part, at the request of the prisoners.
Elizabeth Salmon . I am wife of Robert Salmon , the prosecutor, he is a working silver smith , about the eight of June, between four and five in the afternoon, we lost some buckles out of a shew-glass; there were several pairs and about eight odd buckles; I saw them about ten minutes before I missed them; I was told by a neighbour, that he saw some people about the window as if trying a key there; there: were four of them, they were gone away at that time, but they came back in about a quarter of an hour, two came into the shop and asked to see some coat and waistcoat buttons, two remained at the shew-glass; I sent for my little girl, who was in the church-yard to come into the shop, because I did not like the men when I saw them there; therefore I was desirous she should come into the shop, before I shewed them any thing; she came in, I shewed them some buttons; then two men, Hunt and Cox, came into the shop; two men more were learning over the shew glass; I asked them why their acquaintance did not come in, one that was in the shop, said, they should stay there. After they had been there about ten minutes, my husband came in, and Emanuel followed him immediately into the shop the other remained then before the glass, my child took notice of the shew glass, she went out and found the glass broke; when Emanuel came into the shop, he asked for two mourning rings, after my little girl had gone out and perceived that the shew-glass was broke, my husband shut the door and said no one should go out, upon that Emanuel said d - n your, blood why don't you pay for the buttons and let us be gone; upon which Hunt produced two guineas, my husband took the two guineas and said he would keep them till they produced the man that had stole the buckles; Cox was committed, and he, as I was informed gave information with respect to Ward; for next morning, Ward was taken up upon the parade; I saw Ward and knew him, though he was then in his regimentals: when at the shew glass he was dressed in a different manner.
Q. How old are you?
Salmon. I shall be twelve in November.
Q. Do you know the nature of an oath?
Q. What will be the consequence, if, after having been sworn, you should not speak the truth?
Salmon. Destruction to the soul. (she is sworn) I was in the church yard, the maid came for me; I went into the shop; when I
I went to the shop, and asked the prosecutrix, if she had any buttons; she asked seventeen shillings a dozen. She took them off the paper; I bargained with her for some waistcoat buttons; I took out two guineas to pay for the buttons: he took the two guineas, and said, he had been robbed, and he would keep the money: I insisted upon it, they should send for a constable; they fetched over a green grocer; he said, he knew nothing of it.
I was in the shop before the gentleman came home, asking the gentlewoman, if she had a ring to suit me? he came and said, he believed he had. He took out a drawer, and shewed me some; I said, the mourning was wore off, and they would not do; he said, he had no other. The gentlewoman was rubbing the buttons upon a piece of leather; he said, are your two guineas weight? I said, yes: he snatched up the two guineas, and ran out, and saw the glass broke; and then said, he would stop the two guineas, for he imagined, some of our gang had taken the buckles out: we knew nothing about it. He went out for a constable; he was gone half an hour; then he sent his wife out for an officer. A gentleman came in to buy something, who knew me; and he said, he would insure me; when the constable came, I insisted they should search me; he would not; we were in the cellar an hour and half; the green grocer was sent for, he did not know either of us.
Prosecutrix. This is as false as God is true: one Marks, a Jew, came in, and said to him, I know your father, to be a hard working man, but you are a great villain.
Ward. I would beg to ask the prosecutrix, whether she saw me?
Prosecutrix. Yes, I saw him at the Glasses.
Francis Wotton . Ward is in the first regiment of guards, he has been there between four and five years, he bears a very good character as a soldier ; I never knew him guilty of any thing of this kind before; the colonel is willing to keep him as a soldier; if he is acquitted.
All three guilty .
John Grabham . I am a country fellow, upon the 6th of June, I was enquiring for a place about the Minories; a man, whose name is M'Oris, came to me, and told me, if I would go with him into a public house in Queen-street , he would help me to a place; I went with him, after being there a little while, Gibbons came in and M'Oris, and he began talking together; M'Oris said, he hoped he would give him something for the abuse last
Q. from the prisoner. He swore to an innocent man before Justice Sherwood.
Grabham. I took up a man who I thought to be the other man, and swore to the best of my knowledge he was one of them; and to the best of my knowledge h e is; I know the prisoner is one of the men, he never departed the room till he was taken.
Morris Linnakan . I keep the Hoop and Horse Shoe, Tower-hill. On the 6th of June, the prisoner and M'Oris came to my house; I have often seen them there; I suspected them to be sharpers; I got a constable to take them up, when they came out. M'Oris made his escape; we took Gibbons, and carried him to the watch-house; he was not searched in my house, but when we came to the watch-house, he dropped a purse of counters into the coal basket, and he was searched, and a draught found upon him.
Edward Hutchinson . I am a constable, upon the 6th of June, towards the evening, Mr. Linnakan, the publican, came for me; I went to his house, he said, there was a young man he believed had been robbed; we staid at the door to take the men as they came out, but one of them got away; we took the prisoner to the watch-house, there he dropped a purse of counterfeit guineas, and before the justice, there was a draught upon a person in Fleet-street, found upon him; we went to enquire for the person but there was no such person to be found.
The counterfeits and the draught were produced in court.
I went into the public house accidentally; I saw the prosecutor and M'Oris there; they asked
For the Prisoner
Benjamin Dobsey . I know nothing of the prisoner, the prosecutor took me up for another person, who was concerned with the prisoner, and swore positively that I was the person that defrauded him of his watch and money.
Prisoner. The prosecutor called on me one Sunday in prison, and told me, the man that had run away with the property, had sent a friend to offer him the watch and money, not to pursue the prosecution; he said, he was afraid to do that, because of his recognizance; but if I would send the watch and money to him, he would not appear against me; I will call a person to prove that.
- Roberts. Last Sunday was week, I went down to Clerkenwell Bridewell, while I was there, the prosecutor came in and enquired for the prisoner, he came down the yard, and the prosecutor said, well Mr. Gibbons, how do you like this; he said, not at all; the prosecutor said, well, if you will, tell me where the man is, that has got my watch and money, I will endeavour to get you out, and if you will give me my watch and money, I will not appear against you; he said, he should not be hurt, if he could help it, but that he could not do any thing without consulting his friends; he said, he did not think he took it, but he believed he knew where the man was, that did take it.
Q. What are you?
Roberts. I am a labourer, I live in Vine-Street, Piccadilly.
Prosecutor. Every word this man has said, is totally false, I never said he was not the person that took the money; I had occasion to go to Clerkenwell, and called on Gibbons, and asked him, whether he liked being there better than swindling, and robbing people.
Both Acquitted .
Both Acquitted .
552 (2d M.) ELIZABETH TOWN , spinster, was indicted for stealing a cotton pocket, value one penny, a piece of foreign silver coin value ten-pence, a silver thimble, value ten-pence, four iron keys, value one penny, and a half guinea in money , numbered, the property of Isaac Ducker , June the 3 d , ||
Mary Ducker . About five weeks ago, the prisoner came into my room to light a candle, we lodged both in the same house, she up three pair of stairs, I upon the first floor; when she came into the room, my pocket was lying upon the chair, at the foot of the bed; as soon as she went out of the room, after she had lighted her candle, I missed it, there had been no one else in the room with me but the prisoner, and she staid in the room only just long enough to light her candle; while she was in the room, I was employed in turning my bed down, the chair on which my pocket lay stood near the door, it was close to her at the time she was lighting the candle, I usually lay my pocket in the chair, at the foot of the bed
Gabriel Hosse . I keep the house the prosecutor and the prisoner lodged in: I am a tin-plate worker, Mrs. Ducker told me, she suspected the prisoner, and she desired I would go and fetch the pocket piece from the silversmiths, where it was left, the prisoner went with me to shew me the silversmith; she shewed the silversmith, which it was among many others, she had lodged with me about four months, she wound silk.
I was not in the room that night, after we had been drinking some beer together; I did not go to light a candle, I knew nothing of it till the next morning, when I saw Mrs. Ducker, and she told me of it; I found the pocket piece in the passage.
Prosecutrix. There is not a word of truth in any thing that she has said.
Guilty of stealing to the value of 10d. ||
553 (M) MARGARET ABBOT was indicted for forging a certain paper writing, purporting to be a Promissory Note, with the name, George Longfield subscribed there to, and purporting to be signed by George Longfield , and is as follows:
24th April, 1775.
I promise to pay to John Carrack , or order, the sum of four pounds seven-shillings, at the rate of one guinea and nine-pence per month, till the whole is paid, and in default of payment for fourteen days, the whole to be due.
4 7 0
Second Count for uttering and publishing the same with the like intent.
Fourth Count, for uttering and publishing the same note, with the same intention, against the statute, April 24th . +
554, 555: (M) WILLIAM SINGER and SARAH SMALLMAN were indicted, the first for stealing a gallon and half of lamp oil, value four shillings , the property of John Dodd ; the other for receiving the above-said oil, well knowing it to have been stolen . June 12th . ||
557, 558. (M) JOHN JORDAN was indicted for stealing seven trusses of hay, value seven shillings , the property of William Hanks ; and RICHARD FARR for receiving the same, well knowing them to be stolen . October 31st . +
Both acquitted .
559. (M) WILLIAM THOMAS was indicted for stealing one cloth coat, value twelve shillings; one iron key, value one penny; one clasp knife, value three-pence; one pair of leather gloves, value sixpence , the property of Robert Bowdery , July 5th . *
Robert Bowdery . I am a servant to admiral Kepple; I know the prisoner, he is a taylor , I lost my coat at the sign of the Dun Cow, at Kensington ; I went to play at skittles, and hung my coat across the pails. At nine o'clock in the evening, the prisoner came and leaned upon my coat as it hung upon the pails, there were in my pocket, a key a pair of gloves, and a clasp knife. When I went to put my coat on, I could not find it; I was enquiring for the prisoner, as if I had seen him in the ground the night before; I saw him about twelve o'clock the next day, at Brompton, where I went with a constable in search of him; the constable took him into custody, and charged him with the coat; he denied being at the public house the evening before. The constable felt a key on the outside of his pocket, and pulled it out; the key has my master's name upon it, I found my gloves and knife with it; the prisoner told me, if I would not hurt him, he would tell me where the coat was; I told him, perhaps I might be favourable to him: I found the coat at Mr. Gees.
Joseph Harrison . I am servant to Mr. Gee, a pawnbroker in Denmark street, St. George's; I remember the prisoner pawning this coat, he was brought in again a few hours after, he pledged it for two shillings.
I went into a public house, the Dun Cow, and had three coats upon my arm, I laid my
Guilty of stealing. 10 d.
2d Court, For coining a piece of false, seigned, and counterfeit copper money to the likeness and similitute of the good, legal, and current copper money of this realm, called an halfpenny: against the statute, October 14 . +
Both acquitted .
562. (M) JOHN FERRIER was indicted for stealing one pair of linen sheets, value five shillings, the property of James Warring , the same being in a certain lodging room, let by contract by the said James to the said John : against the statute, May 28th . ++
James Warring . I live in Golden lane , the prisoner at the bar, hired ready furnished lodgings at my house; he left his lodging for a fortnight before; he took away the key with him; I asked him for it, he said, he was my prisoner, for he had taken the sheets; I sent for a constable, I broke the door open; as he had lost the key; he told me where they were soon after; he said, he wanted to go abroad, and no body would send him; and if I did not take the law of him, he would of me; the sheets were pawned in Brick Lane, for three shillings.
The sheets were produced in court, and deposed to by the prosecutor.
Thomas Burford . I am a constable, Mr Warring came to me, and said, he had a room, but the prisoner had lost the key; we wrenched the lock, the sheets were missing, the prisoner said, he had made away with them; I asked him, if he had no friend to lend him the money to get them out of pawn? he said, he had not. I sent for the man he worked for, but he would not pay the money: I took him to New Prison.
Guilty . B .
563, 564, (L) THOMAS PIXLEY and RICHARD REES were indicted for stealing a looking glass with a gilt frame, value three pounds, five mahogany tables, value five pounds, five feather beds, value six pounds, two bed-steads, with printed cotton furniture, value ten pounds, a mahogany double chest of drawers, value four pounds, and a mahogany chest of drawers, value twenty shillings, the property of Anne Carter , widow in her dwelling house , July 3d .
Anne Carter . I lived on the pavement in Moorfields , I am a widow, and have five children; I went out of town on the 29th of June, and I returned on Monday night, the 3d of July, at about half past ten o'clock; I knocked at my door, and not being let in; I was much surprized at it, the watchman acquainted me, that two cart loads of goods were taken out of my house; I had left my two daughters, Mary and Elizabeth, in the house, with the care of my three other children; the goods were carried into Coleman-street, to a warehouse of Mr Herne's; on Tuesday morning, I found my children in Red Lion-street, Holborn, they informed me of the affair, I went and found my things. I applied to the constable of the ward, who went with me to my Lord Mayor, who granted a search warrant; but, before that I had found the goods, and with the search warrant, I went and saw the goods mentioned in the indictment, at Mr Herne's; Pixley had once been my bail, for which I gave him five guineas; I have known him fourteen months: I know nothing of the other prisoner.
Q. Have you had money of him?
Carter. He has had money of me; ten guineas, for a quarter's rent.
Q. You have had some account with him?
Carter. None, but what I speak of.
Q. When you came to town, you found the goods in the open shop?
Q. Before any search warrant, you had seen e goods?
Carter. They were locked up, my Lord Mayor gave orders to put a man at the door to stop them from further proceeding, they were concealed till then.
Q. They left word where they were carried to?
Carter. The beadle of the ward saw where they were carried.
Elizabeth Carter . I am daughter to the prosecutrix, my mother was out of town, and came home the 3d of July, we were all gone when she came home; I did not see her till the next morning, then I saw her in Red Lion-street; I went there to lie, as I was destitute of a habitation, with the children; the house was plundered of every thing on the Monday; my sister and the children were then in the house with me; at one o'clock, Mr Pixley knocked at the door, my sister opened it, I was in the parlour very near the door; when she had opened the door, Pixley kept it open, and the four other men rushed in, and almost pushed her down; Richard Reeves was one of them, he behaved very ill and cruel to me, when they got into the house; Pixley bid them take possession of all the goods, he was going out, and would be back presently; I asked him, why the goods were to be taken into possession? but he would not satisfy me, till I saw the bill of sale in the broker's hand; I went up stairs and saw the broker, Mr Swaine, in the garret, he brought the broker in; when he came back, he was absent but a few minutes; while he was in the garret, they were in the dining-room; I spoke to Pixley, then he said, he had a bill of sale; I said, I would swear it was not my mother's writing.
Q. This was at noon?
Q. Do you know Chapman?
Q. And the beadle?
Q. They did not turn you out?
Carter. No, they told me, the goods were going to Mr. Herne's, and Pixley would sell them afterwards.
Q. Did you know Mr. Herne's?
Carter. No, I never saw him before.
Q. This was all in the day time?
Court. I never did; I never was obligated to him one shilling.
Q. Did you ever give Reeve's a bill of sale?
Carter. No, I never saw him before he was brought before the Lord Mayor.
Mary Carter . I am daughter to Ann Carter ; my mother is a stay-maker ; we lived in Moorfields; I was in the house with my sister on the 3d of July, between twelve and one o'clock; Mr. Pixley knocked at the door, and I opened it; my sister stood in the parlour, and saw me open it. The parlour door is close to the other; when I opened the door, he came in, and four men run in with him into the parlour, and sat down; he asked me, where my mother was; I said, in the countty; he answered, he was glad of it; he went out of doors, and bid the rest keep possession till he came back. He returned, with Mr. Swaine, the broker; I did not then know him; he did not stay out many minutes. Mr. Swaine went into the parlour; I saw a paper in his hand; he told me it was a bill of sale; he then went up stairs to take an inventory of the things; he went first into the garret; he shewed me the bill of sale in the two pair of stairs room, and asked me if I knew that hand writing; I said, I would take my oath it was not my mother's writing. They took all the goods away that are mentioned in the indictment; they took two cart loads away, and a number of porters helped to take them away. They quite stripped the house; they did not leave any thing. I saw Reeves, the prisoner, in the parlour, he came in with Pixley; he took an oath before my Lord-Mayor that he saw my mother sign it, and then begged his lordship's pardon.
Q. Does your mother follow stay-making now?
Q. Did she two seasons since?
Q. Was she tried at Guildhhall for stay-making? -
Q. from the court. Did you ever see the bill of sale afterwards?
Carter. No, never.
Q. Have you any neighbours? Did you know any of the people?
Carter. Yes, Mr. Chapman; he did not come in at first, he was constable; he came in as a porter, and helped to take away the goods.
Q. You were informed they were going to Coleman-street?
Q. They were never concealed?
Carter. Yes, they were, till he had got a porter to sell them off.
Q. Who told you they were going there?
Carter. The beadle, and Chapman did.
David Chapman . I am a constable. On Monday the 3d of July, as I was coming out of Guildhall, I met Mr. Pixley near the Castle, the corner of Cateaton-street; I have known him some time, there were two or three others with him, I believe, there was one Wood, who is since dead, and Melville, a constable of the same ward that I am; Reeves, the other prisoner, was with him. To the best of my remembrance, Mr. Melville told me, Mr Pixley had a bill of sale on the goods of Ann Carter , and they had been before the Lord-Mayor, and was going to execute it by his order. Thomas Pixley asked me, if I would go with him to assist him to help away the property; accordingly I did, upon payment as a porter. We went first to Mr. Herne, to enquire if he had room to deposit these goods for two or three days; Mr. Herne said, he had his warehouse to dispose of, he could not tell whether he could have it for more than a day or two, as it was on the point of being let; but would give leave, if it was a proper thing for them to be there, for that time; then we went to the house, in Moorfields, the two daughters seemed in confusion; I asked the reason: they said, Pixley was come with a bill of sale to disturb them; I desired them to be quiet, for if it was not legal, I would do nothing in it. I looked at the bill of sale, and thought it to be a just one then.
Q. from the jury. Who shewed you the bill of sale?
Q. Who signed it?
Chapman. There was first Ann Carter , under it Joseph Thorpe , then Richard Reeves. The goods were removed, and deposited at Mr. Herne's. Pixley gave directions about the goods all the time, and Reeves was keeping the door. I was up stairs. The goods were taken away in two carts.
Q. Was this privately done?
Chapman. No, publicly.
Q. Was it known they were going to Mr. Herne's?
Chapman. I told the girls.
Jacob Herne . I live in Coleman-street. The beadle, and one Chapman, came to me upon the 3d of July, to know if I would take any goods into my warehouse; they said, it was for Pixley, who was standing by them; he said, the goods were to stay a few days to sell them. I told him, I could not spare the warehouse for more than a day or two. They were taken out of my warehouse by virtue of a search warrant.
Q. to Chapman. Was you present when he applied to Mr. Herne.
Q. Did he say who the place was for?
Chapman. Yes, both I and another pointed to him as the proprietor of the goods.
- Thorpe. I am a coach-harness-maker. Last Monday was a week, the 3d of July, I was in Fleet-market, Mr. Pixley came and spoke to me; he said, there was a woman in Moorfields, had given him a bill of sale, he wanted two people to witness it, and he would give them half a guinea a-piece; he said, the woman was gone away, there was two indictments against her, and he was afraid people were going to take the goods away; he asked if I would witness it; I told him, yes; we went to the Bull and Garter; there was another man, who would not sign it; we came to the door, out of the house, and Reeves came up to us; after some little time, he asked him if he would sign it; he then asked me, if I would; he agreed to witness it; it was signedAnn Carter ; we went into the house, Reeves wrote witness; I signed it first, and he after; I thought it was a real one. I asked him, if it was Mrs. Carter's writing, he said, no; she is gone away, and will never come again, I want to secure myself, to put the bill of sale in force; he said, if you will go with me, I will treat you with a coach to put this bill of sale in force; he called in a street, and took two constables to keep the peace. I saw them all in the house together; I was not there when they entered; I heard the daughter say, it was a bad affair, and it was not their mother's writing. I got out of the house, by saying there was somebody went by that wanted me.
Alexander Melville . I am a constable. Mr. Pixley was a customer of mine. About the middle of March, I was talking with him at a public house; he said, he was under misfortunes; then he said, he had been arrested upon a false debt on Mrs. Carter's account; he wanted me to be bail; I did not care to do it; he said, the debt was small, and his father was to be one bail, and that he had a bill of sale upon her goods; the debt was six pounds or upwards. I was bail with his father on account of his having the bill of sale, to prevent us coming into trouble. After being his bail, the action was removed to the court of King's bench, and back again. I talked to him about it; he said, he had the bill of sale to indemnify us all; I kept myself easy till the 3d of July, then he came to a public-house in my neighbourhood, and desired me, as a constable, to keep the peace, while the bill of sale was put in execution. I told him, not to be in too great a hurry; he said, he heard she was moving her goods, and they would be gone by Thursday. I declin'd, as I was concerned, and desired my brother constable to go; he said, he had got two people at the top of Great Bell-alley, who were the prisoners, Reeves and Thorpe. We came to Mrs. Carter's, Mr. Pixley knocked at the door, one of the daughters opened it: he stood at the door to keep the door open; I came in after Pixley, then the rest of the people who were with us: we went into the parlour; the daughter asked what was the matter; Pixley replied, matter enough, he would not go to jail for her mother. The daughter seemed much flurried; I told her to be quiet, he was come in upon a bill of sale. I asked Pixley where the bill of sale was; and saw it was witnessed by Reeves, and it was signed Ann Carter . I had it to peruse; I suspected it was a forged bill, when the children made such work about it. After the bill of sale was read, Pixley went out, and brought in Mr. Swaine, the broker; when he did that, the daughters resisted, and said, it was a forged bill of sale, it was not their mother's hand-writing. Mr. Swaine asked me if I knew the mother; I said, I had seen her. but had no particular acquaintance with her; he asked if there was any particular acquaintance between Pixley and the mother; I told him, I laboured under an execution through their affairs: he then proceeded to take an inventory of no more goods than the value in the bill of sale. Mr. Pixley would not consent; afterwards he did consent to it; and after that, it was to be for the whole. I then told him, if he took more, he would commit a felony; then again, they agreed to take to the bill of sale.
Q. Have you known Pixley a great while?
Q. Was any of the transacted business in private?
Melville. No, he came to the public house
Q. Do you know where they were going?
Wm Paine. I am a constable, I was before my Lord Mayor at the time Pixley and the other prisoner were there; I was desired by his lordship to go and take an inventory of the goods that were in Mr. Herne's warehouse, and give the prosecutrix the goods, there was an account upon the different doors of the rooms of the goods that were in them: here is the inventory of the goods that were at Mr. Herne's.
I think I have been acquainted with Mrs. Carter near a year and half, or two years, during which time when she had been in
On the 3d of July, about ten or eleven o'clock, I went into the Bull and Garter, in Fleet Market, I met Mr. Thorpe and Mr. Pixley; I never saw him before, he said he had got a bill of sale; he asked me if I would go in; Thorpe, I, and he, went together to Moorfields; I stayed there till the goods were all taken away.
For Pixley's Character.
Wm Manning. I am a writing stationer in Chancery Lane, I have known Pixley a quarter or half a year, I never heard any thing amiss of him.
Q. What trade does he follow?
Manning. I do not know what trade he is.
Richard Dawson . I am a Peruke-maker in Bull-and-mouth street: I saw Mr Pixley pay money for Mrs. Carter when she was indicted at the quarter sessions; his general character is, that of a very honest man; I have known him three years, he was a scale-maker
Q. What character does bear in the world?
Blackman. I do not know what you mean by character in the world; I know nothing of him but an honest man, I have not seen him till within this two months, I do not know how he got his livelihood during that time.
For Reeve's Character.
Mr. Hemming. I have known Reeve's ten years, he bears the character of a very honest man; he is an honest, harmless, inoffensive man, I look upon him to be rather weak than capable of doing any injury to any one; he is an assistant to officers in executing bills of sale, and so on.
Pixley, guilty of stealing to the value of 39 s.
Reeves, acquitted .
565, 566, 567. (2nd M) JOSEPH MUGGLETON , WILLIAM JACKLING , and JAMES LEWIS were indicted for stealing a gold locket, set with diamonds, value twenty pounds; a gold ring, set with an amathyst and diamond, value six pounds; a gold ring, set with garnets, value twenty shillings, another gold ring, set with marquesetts, value ten shillings; another gold ring, set with one garnet and six small diamonds, value twenty shillings;Anne Templer , spinster, in the dwelling house of Charlotte Hechstetter , widow, May 20th .
Mrs. Anne Templer . I lived in my sister Heckstetter's house; I lost the things mentioned in the indictment, on the 20th of May last; I went out about six o'clock in the afternoon, and returned about nine. When I went out, I left my drawers, bureau, and other things in good order as usual; but when I returned and went to put something away, I found one of my drawers in great disorder, and missed many things; I went to other drawers, and the bureau was broke open, both outside and inside.
Mrs. Charlotte Hechstetter . My sister lived in my house in upper Governor-street ; Muggleton was my servant . On the 20th of May, the time the robbery was committed, I went out about six o'clock, he went with me, and returned with the coach; I came home about half past nine; but when the coach came to fetch me home, he did not come; and I believe, that, between the time of my going out and return, the robbery was committed.
Anne Miller . I am servant to Mrs. Hechstetter, and was so at the time of this robbery: I was at home in the afternoon, on the 20th of May, Muggleton went out with my lady; he came back with the coach, and drank tea with me in the kitchen; he was about an hour and a quarter with us; he went up stairs, I do not know whether he went further than the hall or no, or whether he went out; I did not hear the door open or shut. I never saw him afterwards, till I saw him before Sir John Fielding .
James Lane. I am clerk to the depute clerk of Edinburgh; I saw the prisoner at his office on the 25th of May, about five or six o'clock. Lewis came and acquainted Mr. Trotter, that he, with two others, who were at the George Inn, had committed a robbery in London; they were sent for, Lewis came in first, and produced a number of these things (a box of things shown to Mrs. Templer who deposed to them.) Lewis said, the reason for coming to Mr. Trotter's, was, he had been uneasy ever since the robbery was committed. I wrote the declaration, I have here brought signed by the prisoners, before Mr. Trotter. The declarations were read over to them; they did not attempt to alter or vary them in any part of them. Jackling was searched; and a diamond heart found upon him, and the wrench he broke open the bureau with.
Q. Did any body desire them to make these declarations?
Lane. They were not told, they must do it. Mr. Trotter admonished them to do it, as the way to make reparation, and the more can did they were, it would be better for them.
Q. Was there any promises made, that they should not be punished, if they would confess?
Q. Was the same promises made to the other two?
Lane. Not that I heard
Q. As to Lewis, he was examined with a view to be a witness, you say, Lewis was the
Lane. Yes, the last time he came, he was brought into custody; but before, he came, being uneasy in his mind.
Q. As to Muggleton, how came he before Mr. Trotter?
Lane. An officer brought him.
Q. What did he say?
Lane. He made the declaration you have here in writing.
Q. Before he made this declaration, what was said?
Lane. He was admonished to say nothing but the truth; he was given to understand, that the information was given, and it would be of no use to conceal any thing.
Q. Was he threatened what would be the consequence, if he did not tell the truth?
Lane. No, he was not, he was given to understand, that the crime was of a very heinous nature.
Q. What was he to get by telling the truth? Was he advised to tell the truth, as if it would be of service?
Lane. Yes, that it was better to tell the truth.
Q. That could be of no service, if it was to be made use of, it convicts him.
Lane. It was the Bailiff's mind to say what he did, I know no other reason for it.
Q. Were they sworn?
Lane. No, it is not the form to swear them.
Q. All that was said by Mr. Trotter, was, that it was better to tell the truth.
Lane. He was advised to tell the truth.
Q. Then acting under the influence of the magistrate, he consented to be examined?
Lane. Yes, he said, it would be better for him.
Q. Was any thing further said?
Lane. Not that I remember.
Q. Was there no circumstances of favour held out to him?
Q. Any threats?
Q. Was he told what would be the consequence if he did not tell the truth?
Lane. That there was less favour to be expected, if he did not.
Q. How could he have less favour shewn him than he has now?
Lane. The lady he has robbed would have had a much worse opinion of him.
Q. You understood he was to have some favour shewn him if he told the truth?
Lane. I did not understand any such thing.
Q. Who spoke to Muggleton?
Lane. Mr. Trotter said, he was brought there for a heinous crime, upon the information of an accomplice, and it would be better to tell the truth, and that it would entitle him to more favour from the lady, the more candid he was in his declaration.
Q. Will you say upon your oath, Mr. Trotter made use of that expression, if the lady had any favour to give him?
Lane. I understood it so, I understood when he mentioned it, that it was meant of the lady only.
Court. Was the same admonition given to Jacklin?
Lane. He was present when Lewis made his declaration.
Q. Was any thing said to Jacklin?
Lane. Not that I remember, they were both present.
Q. Is the signature at the bottom of the declaration Mr. Trotter's writing?
Lane. Yes, I saw him write his, and the prisoners, their names.
The confession of Muggleton and Jacklin made before Mr. Trotter, in Edinburgh, read in court.
Edinburgh, May 25, 1775.
IN presence of William Trotter , Esq; one of the magistrates of said city, Joseph Muggleton , son of the deceased Edward Muggleton , Joiner and Cabinet-maker, in London, being examined, declares, that
"He was in the service of Mrs. Hechstetter, Indweller, in Upper Grosvenor-street, Grosvenor-square, London. for about six months last past, in the character of footman and butler, and had the charge of her plate; declares, that he is well acquainted with William Jackling , joiner, now in court, being aJames Lewis , late keeper of the General Penny Post office, in Coventry-street, having known him since he was six years of age, and who is also in court, declares, that about a fortnight ago, the said William Jackling called upon the declarant, and the declarant in a jocular manner, said to him, that he intended to commit a robbery on Lady Hechstetter's house; and the reason for his mentioning this, was, that in conversation it had been mentioned, that a house in Bond-street had been broken into, and a great sum of money carried off; but that the person who had committed the same, had left the jewels behind; that several times thereafter, the said William Jackling again called upon the declarant, and insisted that he should rob the house, but the declarant had no such intention until he was at last prevailed upon by William Jackling to agree thereto; and Jackling also threatened, that unless he would agree to it, that he would blow him; declares, that on Monday se'nnight, the declarant met with the said James Lewis , and told him, he had proposed to William Jackling to rob Mrs. Hechstetter's house in jest, and that Jackling had insisted he should do it, and if he did not, threatened to blow his character, and that he did not know what to do; that Lewis said, he was very agreeable the house should be robbed, but that if it was not done sooner than on or before Monday then next, he could not be present, as that he behoved to go to Woolrich; upon which, the declarant made answer, that he did not know if he could get it done betwixt and that time; and the declarant says, that he had not then come to a firm resolution to do so, and on several other meetings, particularly one at the King's-head, Grosvenor-street, they did not come to any resolution; and declares, that Lewis appointed the meeting at the Nagg's-head, and not the declarant; declares, that on Saturday evening last, about half past six o'clock, the said Jackling came towards Mrs. Hechstetter's house, and the declarant being standing at the high door, he came forward to to the declarant, and said, he would go up stairs, and take the things. that the declarent endeavoured to persuade him to desist, and not to go any further; and he having persisted that he wou'd go, the declarent shut the door on the inside, and shoved him up one pair of stairs, into Mrs. Hechstetter's room; and he went into the same accordingly; that the declarant returned down stairs into the Kitchen, and drank tea with the other servants, viz. the cook-maid, housemaid, and coachman, but did not mention to any of them, that Jackling was up stairs robbing the house; that after the declarant had drank tea, as above, and was again returning up stairs, he met Jackling going out at the high door, and the declarant waited at the door until he saw him go out at the end of the square, when he followed him, and enquired what he had got; to which he answered, he had got several things, but did not know what they were; and he had also got a good deal of money. This is truth.
25th May, 1775.
The declaration wrote on this and the four proceeding pages, was emitted in presence of
Edinburgh, May 25th, 1775.
IN presence of William Trotter , Esq; one of the magistrates of said city, William Jackling , carpenter and joiner, late servant to - Evans, in Farm-street, Berkeley-square, compeered, and being examined, declares, that
"His father was clerk in Grosvenor chapel, South Audley-street, Grosvenor-square, and did, when he was in that station about six months ago, and now, upon recollection, only thinks it is three months; declares, that he has been acquainted with Joseph Muggleton , son of the deceased Muggleton, carpenter and joiner, late of London, since his infancy, now in court, under the name of Captain Coates ; that on Monday se'nnight, the declarant having called at the house of Lady Exeter, in Upper Grosvenor-street, Grosvenor-square, London, for the said Joseph Muggleton , being then her ladyship's servant, and the declarant's cousin; he proposed to him, the declarant, that they should rob her ladyship; that the declarant again met with him on the Tuesday evening at her ladyship's stable and Muggleton then mentioned to him, that he had acquainted James Lewis , now in court, of the said intended robbery, and that he had agreed to it; that the saidJoseph Muggleton did not fix any time with the declarant when the said robbery was to be committed, but appointed him to meet him in one Mrs. Green's, the Duke's-head, opposite the stables, on the Saturday evening at six o'clock; that the declarant went accordingly at the appointed time to said house, and after continuing a very short time there, the said Joseph Muggleton came running in to the declarant, told him that Lady Exeter was gone abroad, and that now there was a proper opportunity to execute the robbery; that he immediately went into the house, and opened the front door to the declarant, by which he he was admitted into the house; that he carried the declarant up two pair of stairs within said house, into a back bed chamber, and afterwards into another; that they took out of different drawers in said room, several shagreen cases, which they put into their pockets, and the declarant also, at his desire, forced open a bureau, and abstracted from thence about thirty guineas in gold, and immediately upon that, they came both together down stairs into the kitchen, in which was the cook-maid and house-maid, conversed with them about five minutes, and then the declarant went away, and shortly after, the said Joseph Muggleton followed him. That they both came to the General Post-office, in Coventry-street, and enquired for James Lewis , that Lewis was not in the office at that time, and was told, that he was gone to the King's-head, in the corner of Grosvenor-street: that Muggleton carried the declarant into a house in Shag-lane, and went off with a design, as he said, to bring James Lewis , and shortly thereafter returned with James Lewis , and from Shag-lane, they all three went to Monmouth-street, and purchased from a broker there, three different suits of cloaths, and a great coat. That Muggleton purchased a suit of brown cloaths, Lewis a suit of white livery, with a blue great coat, and red lining, and the declarant a suit of green cloaths, and it was agreed, that Muggleton should pass by the name of Captain Coates , the declarant as his valet de chambre, and James Lewis as his servant: that, after this, they all went to the Goose and Hoop inn, Moorfields, and took a post-chaise for Barnet, and arrived there about five o'clock on Sunday morning, and posted forwards to this city, where they only arrived about four hours ago, that is about five o'clock this afternoon, That when they arrived at Darlington, Muggleton purchased a pair of pistols, now in court, marked Ketland; declares, that this day, James Lewis communicated to the declarant, his intentions to make a discovery of the said robbery, to a magistrate, which he agreed to, and the declarant accordingly went with him this day to the shop of the judge examinator, and mentioned to the said judge, in substance what is above declared. This, he declares to be the truth. One word in the first, one in the second, and the name William, insert in the place of James, in the fourth and fifth pages of this declaration, as errors before signing.
Edinburgh, May 25, 1775.
"He alone opened the drawers and bureau in Lady Exeter's house, and put the several articles and money before mentioned in his pocket, an inventory of which articles, now in court, is marked relative hereto; and that Joseph Muggleton waited on the stair, in order to alarm the declarant, if any of the family came up the stairs.
Edinburgh, 26th May, 1775.
IN presence of William Trotter , Esquire, one of the magistrates of said city; Joseph Muggleton , son of the deceased Edward Muggleton , journeyman, joiner and cabinet-maker, in London, being further examined, and his declaration emitted yesterday the twenty fifth of May, One thousand seven hundred and seventy-five, having been read over to him, he judicially adhers thereto, and further declares, That
"when he followed William Jackling out of Grosvenor square, and overtook him, they went to the penny post-office in Coventry-street, kept by James Lewis , but did not find him there, but found him upon the street; Jackling having by that time left the declarant;James Lewis ; that they all three after this, went in a hackney coach to a house in Moorfields; that before they left London, it was agreed James Lewis should pass as the declarant's servant, and William Jackling his valet de chambre, declares. That they came post from Moorfields to Carlisle, and from thence to this city, where they arrived last night, about five o'clock; that the declarant paid the post-chaise from Moorfields to Barnet, and the declarant after that gave money to Lewis to pay the post boys: during the rest or reminder of the stages, having previously got it from Jackling for that purpose, declares, that they did not inspect the articles that had been brought from Mrs. Heckstetter's house, till they arrived at Barnaby Muir , when they found them to consist of these several articles mentioned in an inventory market relative thereto; besides four gold coins, one of them being larger than the others; and near one hundered silver coins, none of them larger than a four-penny piece; and a gold repeating watch: he sold the coins and gold watch to a man in Carlisle, from whom he bought the silver watch, found in the declarant's custody, named, James Lawrie , Carlisle; that he received for the gold coins, ten pounds; and for the silver ones, two pounds twelve shillings and sixpence; and for the gold repeating watch, eight pounds eight shillings, out of which he paid six guineas for the silver one; that at this place it was agreed, the declarant should assume the name of Capt. Coates; and Lewis was along with him when he sold the coins a nd watch to James Lawrie , on Tuesday evening; and a woman was in company with the said James Lawrie at that time, declares, that while they were at Doncaster, the declarant purchased the pair of pistols now in court, with the powder-horn, powder, two balls, and ball mould, also in court, from a merchant at Doncaster; declares, that he got the gold repeating watch, gold and silver coins, and a gold watch chain into the declarant's own particular possession while he was at Carlisle, but immediately delivered the gold chain to James Lewis , who told the declarant, he sold it to the foresaid James Lawrie for two guineas; that he took a room in this place last night, for seven shillings per week; and shortly after, upon his return to the George Inn in Bristol-street, he was apprehended and brought prisoner to the council chamber along with the said James Lewis and William Jackling ; and Lewis had the Jewels and rings now in this court, tied up in two silk handkerchiefs. This is truth, twenty words delete as errors before signing.
The declaration wrote on this, and the four preceding pages, was emitted in the presence of
John Gardner . I live with Mr. Dawson, the corner of Monmouth street. Three men came to the shop on Saturday-night the 20th of May; I believe Lewis and Muggleton are two of them; I am sure the cloaths they have on, are what they bought of me; they told me, their master was going out of town, and had not time to get their cloaths made; they had a portmanteau or saddle bag with them; the cloaths they put into it; the lace of the livery are very remarkable, and the brown coat and the buttons upon it arevery remarkable.
Q. Do you swear to the persons of these men?
Q. What do you know the brown cloaths by?
Gardner. By the buttons.
Q. You say, it is a remarkable button on the brown coat.
Q. What is there to know the brown cloaths by but the buttons?
Q. Where were the buttons made?
Gardner. I know not.
Q. Where did you buy them?
Gardner. I do not know.
Q. When were the cloaths made?
Gardner. The beginning of the season.
Q. Was the Denmark cuff the running fashion the beginning of the season?
Q. What do you know the livery by?
Gardner. By the lace and the colour.
Q. Did you never see a light coloured coat before?
Q. What sort of lace is it?
Gardner. It is remarkable.
Q. It is livery lace?
Q. How long has it been in fashion?
Gardner. I do not know.
John Swindill . I live at the Goose and Hoop, at Moorgate. I am a post-boy, I know Lewis; he, and two others, came on a Sunday morning between one and two o'clock. I drove them to Barnet. Lewis paid me for the chaise.
- Davis. I deal with Mr. Lowry, a watchmaker and silversmith, at Carlisle. On the 3d of June, I received a box of light gold from Mr. Lowry, and among it there were a chain and dial-plate, and the cases of a repeating watch (the watch cases were produced in court, and deposed to by the prosecutrix.) There were also a five guinea piece, and a two guinea piece.
Joseph Chamberlain . I am a carpenter. I have known the prisoner four or five years; he lodged with me; his mother has lodged with me three or four years, I never heard any thing amiss of him; he always bore a very good character.
Thomas Wilsdin . I live in Tower-street. I am a victualler. I have known the prisoner six or seven years: he always bore the character of an honest, just man; he gets his living as a gentleman's servant. He is an industrious young man, and of very honest parents.
- Young. I live with Mr. Wilsden. I am a taylor. I have known Muggleton between six or seven years, I never heard an ill thing of him in my life, nor the least imputation on his character.
John Jones . I live in St. George's Road. I am chapel keeper to St. George's chapel; I have known Muggleton from a child, and I knew his parents; his character was always very clear; I never heard but that he was a sober, honest, industrious man.
William Hogarth . I have known Jackling from his infancy; I knew his parents, and his grandfather and grand-mother; he has always bore the character of a very good sober lad. He is not so clear as many boys are, he is weakish. I never heard his behaviour and honestly impeached before.
Mark Potter . I am a butcher. I live in Mount-street, I have known the prisoner, Jackling, from his childhood; I knew his father, and grandfather; he always bore an exceeding good character; as to his understanding, by general discourse, the neighbours call him half a fool. I never heard any thing dishonest of him, nor his parents before this.
William Brettell , I am a brazier in Mount-street. I have known Jackling fifteen or sixteen years, his parents much longer; he has always been reckoned not so sharp as other boys, rather soft and foolish; I never heard any thing that he was not honest till this affair.
- Mitchel. I am a stationer and bookseller. I live in South-Audley-street. I have known the prisoner eight or nine years: he was always reckoned weak. When I first heard of this affair, I could not believe it, from the honest opinion I had of him, and the good character I had heard of him.
- Jones. I live in Mount-street. I have known Jackling seven or eight years. I always was of opinion, that he was soft, but with respect to his honesty, I never heard a bad character of him in my life.
Richard Shaw . I live in Chapel-court, I have known Jackling ten or a dozen years; respecting his understanding, I take him for a stupid, dull kind of lad, but I never heard the least impeachment of his character before; I was amazed when I heard of it.
- Turner. I am a carpenter. I live in Chapel-court. I have known Jackling from a boy. I lodge in the house where he lived; he was always a little soft, and could not understand things cleverly. I never heard any thing of his character, but what was honest and just, till this time.
Lewis acquitted .
Muggleton and Jackling Guilty , Death .
Edward Stone . I lost fifteen guineas and a-half. I was exceeding drunk last Saturday night, that is true; and coming home, in Long Acre, two women met me, and inveigled me to go home with them, that was the prisoner and another woman; I am sure I did not know what I did.
Jury. Dont treat it with levity.
Stone. I do not treat it with levity; I went to bed; I waked in a quarter of an hour; and finding myself in a room by myself, with my cloaths gone (for I could find none,) I ran down stairs, I laid hold of somebody, and called out, I have been robbed of a great sum of money. There was somebody there, said, what do you want? another voice said, what do you want? like a woman's voice. I thought Lord Jesus Christ, I shall be murdered here; for I was pretty well sobered. I got near the sash, thinking, I had better jump out of the window than be killed by them. I there cried out. Watch, murder and thieves! as loud as I could. The watchman came at last; though there were lights all round, nobody would open a window, or come out; at last the watchman came. I said, for God sake, assist me, for I shall be murdered in this place, I have unhappily come into. I ran down to him; I came up again to the door where I had been sitting at the window, the door was fast against me; the watchman threatened to break the door open. I had nothing but my shirt on; I found my gold watch upon the table. I said to the watchman, I have saved my gold watch, thank God: he said, I must have that. He took it, he produced it at the watch-house, and before the justice, without the outside case. In about five minutes, he went away with the watch; to call assistance, and brought a whole possey of watchmen. They broke open the door, and found two men and two women. I described the person that was with me, as being without a tooth; here is the girl that went home with her: the two girls went home together. I said, do you go about your business; and away she went. She is here, and will prove, that the prisoner is the same person that was with me. The money was in my breeches pocket, and a bank note for fifteen pounds: they did not take that. When the watchmen broke into the room where the two men and two women were; they said, go up stairs. I went up into the two pair of stairs room; there I found my cloaths and the bank note in my pocket, and sixteen shillings worth of silver in the other; the fifteen guineas and an half were taken away.
Court. As you was very drunk, are you positive you had the fifteen guineas in your pocket?
Stone. Yes, I am.
Court. How came they to spare your bank note, do you think?
Stone. Because I imagine they supposed it to be waste paper, and did not know the value of it.
Court. What are you, Mr. Stone?
Stone. In the building way.
Mary Jones . I went home with the prisoner and the gentleman; he desired me to go with him; I went. The gentleman desired I would go out of the room, which I did; I heard nothing of it till next morning: the gentleman was very much in liquor.
Court. Do you know any think of his losing his money?
Jones. No, I don't.
James Hide . One Lyon, a constable, and I, went to look for the prisoner, from an information the gentleman gave of her, we heard she had been at the Bull and gate, at Holborn. We heard she had been at a night cellar where people drink beer; we sat at the door till it was dark; by and by the prisoner came down
Q. Were any promises made to induce her to confess?
Hide. Yes, he said he would forgive her.
Prosecutor. She owned it to nine or ten different people.
Court. Are they here?
Prosecutor. She owned it to this girl.
Jones. She owned it in Mr. Welche's office.
Court. Who was present?
Jones. One of Mr. Welche's clerks.
Court. Did he promise her any mercy in case she confessed?
Jones. She did not say where she took it, nor how, only that she took six guineas and a half.
Court to the prosecutor. How long was you in bed before you discovered this?
Stone. Not above a quarter or half an hour. I apprehend, for I was frightened out of my wits almost.
Court. You was drunk at the time.
Stone. I growed very fresh; I growed very sober when I found I had lost my money.
Jury. Where did you put your breeches?
Stone. Upon the side of the bed?
I do not know any thing of this affair laid to my charge; I have no witnesses; I have no friends in the world.
Jury. Where did she make this confession?
Prosecutor. In the round house, before four or five people: I did not hear her confess.
569. (L) JOHN WILKIN was indicted for stealing a Bill of Exchange, marked 5557, for fifty pounds, subscribed Alday and Harrison, dated Norwich Bank, June 23d, 1774, and directed to Charles Raymond , Bart. John William , Charles Vere , Richard Lowe , and Henry Fletcher , of London, Bankers, for the payment of fifty pounds, two months after date, to Richard Clarke , or order, indorsed Richard Clarke . Another Bill of Exchange, marked 5558, for fifty pounds, subscribed and directed as the above. And another Bill of Exchange, marked 5560, for fifty pounds, subscribed and directed as the other , the property of Jewks Colson , and William Jewkes , June 28th .
The witnesses were examined apart as the request of the prisoner.
Harrison. On Tuesday the 9th of June 1774, I took the three bills mentioned in the indictment to Messrs. Raymond's and company, for acceptance; then I went to the bank to take out some bank post-bills; I put the bills into my pocket book. Coming through Pope's Head Alley, some persons came against me, and gave me a thrust; I thought it a mere accident, and did not take any notice of it; but by the time I got into Lombard-street, which is not a dozen yards further, I felt for my pocket-book, and missed it. I did not know who to suspect: I went immediately home and acquainted the gentlemen with it; we stopped payment at the different houses; and in about a month after, these three identical bills were discounted at a bank at Ipswich. I have the bills in my possession, they were drawn upon Raymond and company, payable to Richard Clarke , or order at two months, and indorsed by him. Some months after the prisoner was taken up.
Q. From the prisoner. Whether you have not hanged some people for this very matter?
Harrison. For a forgery upon the bank post-bills, that were in the same pocket book.
Q. From the prisoner. Do you know any thing of me; will you say I picked your pocket?
Thomas Brickmores The prisoner came to me upon the 26th of July, 1774, at Sprawton, near Ipswick, Suffolk, he asked a millar, a neighbour, who stood at the shop door, what the wheel-wright's name was? he told him. Bickmore. Then the prisoner asked me, if I could help him to an honest man that could be intrusted to carry a parcel for Lady Harland? my master said, I might go. The prisoner wanted to hire a horse, he asked the miller to let him one. The miller said, as it was for Lady Harland, he would not charge any thing; then he charged him a shilling; the prisoner said he would give him two, or a bottle of wine. I mounted the horse; he called me aside, and gave me a parcel, as though it was a letter, and bid me go to Garrat the banker, and bid him send lady Harland thirty pounds; he said he was going that way, and he should pass by and see me: but there are two roads, he did not know that; and he went one road and I another, so that he missed me. I got the money at the banker's, and sent in the cash to Lady Harland, as the prisoner had ordered me. Lady Harland was surprized. I received the cash of John Emsant , Mr Garrat's clerk. I told Lady Harland, the gentleman told me, he should be at parson Jackson's, would see me pass by, and meet me there. She bid me go to parson Jackson, and tell the gentleman, I had delivered my message. I went there; he had not been there; I went on about my business; I was to bring twenty or thirty pounds in cash to Lady Harland, and the rest in bank notes. As I was coming from parson Jackson's a well-dressed man came riding along the road, and says, the young, man my master is greatly uneasy about the cash; he thought you had rode away with it. I said, no, that was not my disposition. He said, I must go further on the road for his master. I went on, and saw the prisoner. He said, where is the cash; I said I had left it at Lady Harland's, as he had ordered me. He said, how came you to leave it there. Then he ordered the servant to go back with me, and say, I had met the gentleman, and that it was a mistake. I went back, and I got the cash from Lady Harland, and the notes, and gave them to the man. My master thought I had been gone a long while; he asked the meaning of my staying. I told him; she suspected the fraud, and went and told Lady Harland. Lady Harland sent for me two hours after, and gave me a house to pursue him. I pursued him to a place called Kendall, and several gentlemen went with me; but he was not taken then.
Prisoner. The evidence on this matter has given his testimony diametrically opposite to what he gave before my Lord Mayor. I call Mr. Morgan to speak to that. Did not you declare before my Lord Mayor, that I gave you a parcel tied up in a brown paper with a cord?
Bickmore. I said, it was in a paper tied up.
Q. from the prisoner. How came you to tell my Lord Mayor that you never saw me any more, only my servant?
Bickmore. The man stood with his hat off, and called you his master.
Q. from the prisoner. Why did not you pick me out when you came to the prison to see me?
Bickmore. I saw him in the Compter, I knew him again.
Q. Why did not you point him out?
Bickmore. I could have picked him out from a thousand. I did not pick him out; I said in my own mind, that was the man; and I told the gentlemen so. I was bid not to speak there.
John Enefant . I am clerk to Mr. Garrat, a banker at Ipswich. The last witness, Thomas Bickmore brought a parcel to me containing three fifty-pound bills, drawn by Alday and Harrison, upon Sir Charles Raymond and company; I gave him two thirty pound bank notes, three twenty-pound bank notes, twenty-three guineas and a half, twenty-nine shillings in silver, and the discount was thirteen shillings and six-pence, which made one hundred and fifty pounds.
Q. What is become of the notes.
Enefant. I remitted them up to Walpole, Clarke, and Brown, who are bankers for Mr. Garrat, and indorsed the notes payable to them, that they might receive the money of Sir Charles Raymond and company, when the bills became due. I received them again of Mr. Coulson the clerk; I can swear these are the same notes, here is my hand-writing upon the back of every one of them.
Q. How came you to discount the notes?
The notes were read in court, and corresponded with the indictment.
Major Smith. On the 24th of July, 1774, I let the prisoner have a pair of horses for him and his friend; they went off at five in the morning; he came in the name of Thomas to me; he lived just by where I kept a livery stable then; he had had one or two before; he desired me to let him have two of the best horses I had, at five in the morning; I thought it odd he should introduce a friend that was a stranger. I went with the horses to see them set off; he gave my man a shilling; said, don't make yourself uneasy I am going to a gentleman's house; if I am not back by Thursday, I will send you a line. He did not come back for ten days; he said he belonged to some people, who, I afterwards found were what they call swindlers. Sir John Fielding advised me to advertise them on Friday; I saw one of my horses advertised at Kelvedon; I went to Sir John Fieldings ', and told him of it; he gave me an order to go to Allhallows Lane. I went there, and found my horse; I went to a justice of the peace there, and swore to it, and had it delivered. When I came back to the Angel, at Clapton, the landlord asked me, if I had lost another; I said, yes: he said, he was at a Farmer's house at the other side of - heath.
Major Smith. When I went before the Lord-Mayor, I begged to see first if it was the same man; I went into Wood-street Compter, he took me into a private room, and offered me any money I would please to charge for both my horses, because they were both dead; but I would not be guilty of such a thing for the world.
Prosecutor. The notes produced are the same my pocket was picked off.
My Lord-Mayor would not take cognizance of this man's affidavit; he was perjured before my Lord-Mayor. He came to the Compter, but was not admited to see my person, the Lord-Mayor granted me that indulgence, that nobody should see me. Another thing is, Mr. Morgan can justify, that the very countryman never mentioned that he ever saw my face again; the countryman said, I gave him a parcel, contained in a large piece of brown paper; that he went to the banker's, and got something, which he gave to another man, and that he never saw me again. Is that credible? I never set my eyes on him a second time. I want Mr. Morgan to say what evidence he gave before my Lord-Mayor at the time.
Mr. Morgan sworn.
Q. from the prisoner. Did not this man assign for reasons, he did not pick me out, that he did not chuse to be charged by these bloodhounds.
Morgan. I do not recollect any thing of that.
Q. Whether I was not acquitted of the matter before the Lord-Mayor, by the prosecutor himself?
Prosecutor. My Lord-Mayor ordered him to Newgate.
Prisoner. My Lord-Mayor said, if I had any sureties to bail me: I had nothing against me, but for a fraud.
Mr. Morgan. He was committed upon a different matter.
For the Prisoner.
William Andraws . I am a broker, I have known the prisoner fifteen years; he was in the commission way: I never knew any harm of him; I never heard any thing against his character.
Guilty . T .
570. (2d M) JAMES JAMES was indicted for stealing a wooden box, value five shillings; an iron lock, value sixpence; an iron key, value one penny; a white sarcenet cloak, value fifteen shillings; a pair of crape ruffles, value three shillings; a crape apron, value five shillings; a crape handkerchief, value four shillings; a muslin tucker, value one shilling; a tippet, value eighteen pence; a tambour work bag, value ten shillings; seven papers of thread, value three shillings; a black silk cloak, trimmed with love, value ten shillings; a pair of black stuff slippers, value three shillings; a white bed gown, value four shillings; three linen shifts, value fifteen shillings; a linen night-cap, value one shilling; and four cambrick handkerchiefs, value twelve shillings ; the property of Stephen Lushington , June 7th . *
Mr. Stephen Lushington . Mrs. Lushington informed me, by a letter directed to me at Uxbridge, that her trunk had been cut from the coach as it was coming to town with her father, Mr. Baldero, the banker. I returned to town on Sunday evening, there I found, by an advertisement, that some such things had been taken upon a suspicious person. I went to Justice Girdler's, where I saw the box and the goods. I knew a tambour work-bag, and a pair of slippers to be Mrs. Lushington's, they had her name in them.
Richard Banks . I am Mr. Baldero's butler. I rode to town, attending the coach with Mr. Baldero and his daughter, Mrs. Lushington. There was a box of Mrs. Lushington's behind the coach; I rode on horseback behind the coach the greatest part of the road. When we came to Piccadily, I rode before the coach, the box was then safe. It was half after nine o'clock on the 7th of June, Mr. Baldero called out some thieves were taking the luggage; I looked behind, I did not see any body take it away, but the box was gone.
Robert Gregory . Coming through Queen-street, Westminster, at ten at night, I saw the prisoner and another boy; the other boy had the box in his hand; I suspected the prisoner, as I had known him before; I looked after him twenty yards. After the two boys had gone together about twenty yards, the other boy gave the box to the prisoner. I pursued him, and took him with the box upon him. I took him to the watch-house that night, and the next morning I took him before Justice Girdler; the box was produced before the justice, and then these things were in it, and it was sealed up before the justice.
Q. Did he run away.
Gregory. No, he made no resistance.
The box was produced in court, with the things, particularly the tambour bag, and slippers, which were deposed to by the prosecutor.
I found the box in the middle of the Hay-market. I am employed to water the hackney coachmen's horses.
Banks. The coach did not go through the Hay-market.
Q. from the jury. Was the box secured behind the coach with one strap or two?
Banks. Two straps; the portmanteau was not taken away; they had not time to take the portmanteau, that was at the bottom; the straps were at the top of it.
Guilty . T .
William Waker . The prisoner was my apprentice ; he had run away and robbed me several times. On the 3d of July, I fastened the house myself, and suspecting him, I marked several streaks in the morning; I missed several between five and six in the morning; the constable came and informed me, he had detected the prisoner in St. John's street, with an iron streak and the expin: he was taken to Sir John Fielding 's and committed.
William Hipgrave . I am a watchman: on the 4th of July, between two and three in the morning, the prisoner came by the watch box where I was; a watchman who was with me, said, he had something he should not have: I went after him and brought him back, and found the iron streak and expin upon him.
I found the Iron.
Guilty of stealing the goods to the value of two shillings .
573. (M) ROBERT WALKER was indicted for stealing a cloth coat, value ten shillings; a cloth waistcoat, value five shillings; a pair of corderoy breeches, value two shillings; eighteen silver coat buttons, value eighteen shillings; and twelve silver waistcoat buttons, value six shillings , the property of George Bradshaw , June 20th . ++
The prosecutrix was called, but not appearing, her recognizance was ordered to be estreated.
575, 576. (L) DANIEL GREENWOOD and JOHN M'COWL were indicted for stealing three silver table spoons, value fifteen shillings; four silver tea spoons, value eight shillings; a pair of silver tea tongs, value five shillings; one silver watch, value forty shillings; a watch with a silver case, value thirty shillings; a pair of silver shoe buckles, value eight shillings; two Spanish dollars, value eight shillings, the property of Cuthbert Jackson , in his dwelling house , June 24th . ~
Both Acquitted .
The trials being ended, the court proceeded to give judgment as follows:
Received Sentence of Death, 4.
For Transportation, 18.
Joseph Tuffnell , John Dowday , William Rice , John Wilkins , John Lynch , Edward Pagett , Thomas Pixley , Joseph Grindall , James Harris , Anne Butler , Samuel Ward , William Hunt , Samuel Emanuel , Susannah Mitchell , Walter Gibbons , James Dunn , James James , and John Burdell .
Branded and Imprisoned Six Months
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