Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 22 August 2014), December 1712 (17121210).

Old Bailey Proceedings, 10th December 1712.

THE PROCEEDINGS ON THE Queen's Commission of the Peace, AND Oyer and Terminer, and Goal-Delivery of Newgate, Held for the CITY of London and COUNTY of Middlesex, at Justice-Hall in the OLD BAYLEY.

On Wednesday, Thursday, Friday and Saturday, being the 10th, 11th, 12th, and 13th Days of December, 1712. In the Eleventh Year of Her MAJESTY's Reign.

BEfore the Rt. Hon. Sir RICHARD HOARE , Knight, Lord Mayor of the City of London, the Rt. Hon. Thomas Lord Trevor , Lord Chief Justice of Her Majesty's Court of Common-Pleas, Mr. Justice Powys, Mr. Baron Price, and Sir Peter King , Knt. Recorder, with several of Her Majesty's Justices of the Peace for the City of London, and County of Middlesex.

The Jurors were as followeth.

London Jury.

John Bradford

Edward Thay

Stafford Briscoe

Thomas Mason

John Morris

Nicholas Sharples

John Henthall

Edward Hilliard

Robert Gravener

William Hart

Edward Leman

Henry Hilliard

Middlesex Jury.

John Mills

William Pannet

William Munden

Francis Parker

Henry Mulcaster

Charles Williams

Francis Jones

Edward Boswell

James West

Richard Newland

Adam White

Robert Lord

The Proceedings were as followeth.

Elizabeth White, alias Wells, alias Dyer , of the Parish of St. Dunstan in the East , was indicted for breaking the House of Adam Hays on the 23d of October last, and stealing a Leather Bag, 33 Broad-pieces of Gold call'd Carolus's 2 Jacobus's and other Gold, and 14 l Guineas, a Silver Tankard, valued 8 l a Cup 3 l. and 100 l. in Money . The Prosecutor swore, that the Prisoner came in as a Servant the Day before; and he and his Wife being abroad, she went away with the Money and Goods, and upon pursuit was found, and the Bags, and most part of the Money recover'd. The Felony was very plainly prov'd, but the Jury thought fit to acquit her of the Burglary .

[Branding. See summary.]

Margaret Atkins of the Parish of St. Dunstan in the West , was indicted for stealing 13 Pound of Coffee from George Henshaw on the first instant. Mr. Henshaw swore, that the Prisoner came into his Shop under pretence to buy some Aniseeds; and while he was weighing of them, he heard something rattle on the Floor; and coming to search her, found she had the Paper Bag it was in, and some of the Coffee in her Apron, the rest being scatter'd on the Ground. She had Witnesses to her Reputation; one of whom was her Mistress, who said she had liv'd with her several Years, and been trusted with great Sums of Money, and always been very Honest: Which weighing much with the Jury, she was acquitted .

Elizabeth Thompson , alias Winifred Thompson , of the Parish of St. Magnes the Martyr , was indicted with one Hannah Morgan , for feloniously stealing a Silver Tankard, 7 Spoons, a Porringer, and other Plate , the Goods of Edward Townshend , on the 14th of October last. It appear'd by the Evidence, that she came as a Servant in her Sister Winifred's Name, and after 4 or 5 Days found means to carry off the Goods; and being taken 2 Days after, confess'd the Fact; but at her Trial she deny'd it, and said Morgan stole the Goods, and gave them to her. She had none to her Reputation, and was an Offender before, so was found Guilty of Felony.

[Branding. See summary.]

John Watt of the Parish of St. Bridget, alias Brides , was indicted for breaking the House of John Butler , on the 2d of November last in the Night-time, and stealing thence 2 Cloth Coats, a Wig and other things , the Goods of Thomas Blandford . It was prov'd that the Goods were lost, and the Wig was found at one Smith's in Middle Row in Holbourn, and prov'd to be Sold there by the Prisoner; who own'd the selling of it, but said, he (being a Perukemaker ) bought it of another as he was going to Work. He had several Witnesses who gave him a good Character, and the Jury considering the matter, acquitted him.

Thomas Finch of the Parish of St. Peter's Cornhill , was indicted for stealing a 2 quart Pot, 2 quarts, and 2 Pints from Richard Trenan . The Evidence set forth, that the Prisoner and another Boy were seen in an Alley that goes up to the House, and the Prisoner had the Pots upon him, whereupon he was taken, but the other escap'd. He was found Guilty to the value of 10 d.

[Whipping. See summary.]

Phebe Pickering, alias Spencer , of the Parish of St. James's Colemanstreet , was indicted for stealing 4 Pewter Plates, and other Goods from Edward Custer on the 11th, of September last he appear'd by the Evidence, that she was a Capmaker , and work'd at the Prosecutor's House when the Goods were lost; and being taken upon Suspicion, part of them were found upon her, and some she confess'd she had sold to John Dun the Pawnbroker. The Prisoner had little to say for her self only wou'd have turn'd the Fact upon one of the Witnesses; but that not availing, she was found Guilty to the value of 10 d.

[Whipping. See summary.]

James Ashwood of the Parish of St. Mary le Bow , was indicted for privily stealing 77 yards of Printed Callicoe, out of the Shop of Samuel and Joseph Harris , on the 21st of October last. Mr. Harris depos'd, that being inform'd the Prisoner was seen to go out of his Shop with a Bundle, he was pursu'd and taken with the Goods near him. Another swore, that he saw him looking about the Shop-door, and and afterwards go in, and bring out the Callicoes, and drop them upon the pursuit. He pretended he was going of an Errand, and was stopt upon the Outcry by mistake; but that was look'd upon as frivolous, and the Evidence being very clear against him, he was found Guilty of Shoplifting.

[Death. See summary.]

Paul Dowcet of the Parish of St. Sepulchre was indicted for stealing a Bay Stonehorse, valued 12 l. the Goods of Thomas Wood on the 14th of November last. The Prosecutor's Son swore, that his Father's Horse being lost out of his Stable in Essex, he came to London the next Days and found him in Smithfield, and the Prisoner upon his Back; whereupon being seiz'd, he confess'd it before Justice Johnson; but deny'd it upon his Trial and said theHorse was deliver'd to him at Stratford, and he was to have 5 s. for selling him. There was no Witness to prove any thing he said, and the Evidence very positive against him, whereupon he was found Guilty of Horse stealing.

[Death. See summary.]

James Goswell of the Parish of St. Dunstan in the West , was indicted for privately stealing a Leather Pocket-Case with Notes in it, from William Pool on the 28th of November last. The Prosecutor swore, that coming along Fleet street , the Prisoner justl'd him, and he felt his hand in his Pocket, and turning quick about, saw him give the Case to another, whereupon seizing the Prisoner, his Companion dropt the Case, which was taken up by a Woman, and the Prosecutor had it again. He had no Witness to his Reputation and was found Guilty to the value of 10 d.

[Whipping. See summary.]

Sarah Gideon and Anne Wood of the Parish of St. Mary Woolchurch , were indicted for stealing Eight Shillings and Six Pence from James Marriot on the 27th of November last, Mr. Marriot depos'd, that the Prisoners came into his Shop to buy Two Half-pounds of Rice; and while Wood was buying; Gideon fish'd the Money out of the Till with a piece of Whalebone and Birdlime; which he perceiving something of seiz'd her in the Fact the Money and Whalebone Being found upon her, and both clammy with the Birdlime. She had nothing to say in her Defence, but deny'd she knew Wood, as Wood did also that she knew her, and said she only went to buy the Rice; whereupon she was acquitted , and Gideon found Guilty of Felony.

[Branding. See summary.]

John and Sarah Rigway of the Parish of St. Mary Abchurch were indicted for privily stealing 11 Silk Handkerchiefs , the Goods of Francis Drickill , on the fifth instant. The Evidence depos'd, That the Prisoner came into the Shop pretending to buy, and found an Opportunity to steal the Handkerchiefs, which were found upon the Woman in the Shop. She said in her Defence, that she only had them in her Hands to measure them, and had not concealed them; and he said he went into the Shop to look upon Cadis, and offer some to sale, being a Cadis-Weaver, and that the Prosecutor would have made it up for 6 Pounds. They had some Witnesses to their Reputation, but it being sworn plain against the Woman, she was found guilty to the value of 10 d. and the Man acquitted .

[Whipping. See summary.]

John Shaw , Caleb Lockwood , John White , William Walker , Elizabeth Davis , Mary Ball , and Martha Williams , were all indicted for stealing 49000 of Pins, value 40 Shillings , the Goods of Richard Greening , on the twenty fifth of October last. The Evidence set forth, That in the Evening aforesaid, Lockwood and White came into the Shop, and the Goods were taken away, and found afterwards in a bad House by a Constable, who suspected there was ill People there. One of the Boys was found in Bed with two of the Women, and the other three Boys and one Woman were all in the House, where was also Pewter and other Goods, suspected to be stolen. The Evidence being plain against Lockwood and White, they were found guilty to the value of 10 d. and the rest were acquitted .

[Whipping. See summary.]

Thomas and Lucy Purchas , of the Parish of St. Vedast, alias Foster , were indicted for privately stealing 30 Sheets of Stampt Paper, out of the Pocket of Edward Ebdon . The Prosecutor swore, That coming along with the Papers in his Pocket, he was assaulted by the Prisoner, and lost them. The Prisoner said in his Defence, that the Prosecutor assaulted him and his Wife, upon which he took him by the Collar, and then was charg'd with the Robbery. They had some Witnesses to their Reputation, and upon the whole were acquitted .

John Herring of the Parish of Alhallows the Great , was indicted for stealing 296 Pounds weight of raw China Silk, value 216 Pounds, the Goods of Ephraim Montague out of the Warehouse of Jacob Jacobson , on the 20th of November , in the tenth Year of the Queen. The Prosecutor declar'd, that he was inform'd the Prisoner was taken up about Coco-Nuts, and had before Sir Robert Beachcroft, before whom he confess'd the Silk. The Prisoner acknowledg'd upon his Tryal, that one Hacket was concern'd with him, and that Hacket procur'd false Keys to several Warehouses; but Hacket being Evidence against him, swore, that the Prisoner himself got the false Keys, and he had no Concern but in receiving part of the Goods. The matter being plain against him, he was found Guilty .

[Branding. See summary.]

Katharine Priest of the Parish of St. Vedast, alias Foster , was indicted for privily stealing four Pistol-Barrels, out of the Pocket of William Tisdale , on the 14th of October last. The Prosecutor swore, that as he was going home about 11 a Clock at Night, he saw the Prisoner scolding in a Crowd; that he got her off, and going along with her, she wou'd give him a Pint of Wine, and in the Tavern pick'd the Barrels one of his Pocket. The Prisoner in her Defence own'd she went to a Tavern with him at his desire, and that he gave her the Goods in lieu of a Shilling for somewhat that pass'd between them, and when she came to the Watch-house, the Constable gave her a Shilling, and she deliver'd the Barrels. Upon the whole matter, the Jury found her Guilty of Felony .

[Whipping. See summary.]

John Philips of the Parish of St. Sepulchres , was indicted for stealing Five Ewe-sheep valued Three Pounds five Shillings , the Goods of John Hide . It appear'd by the Evidence, that the Prisoner offer'd to sell them at an under Price, and said they were his own, and that the Prosecutor was his Uncle, and he having come away from him, was permitted to bring the Ewes with him. The Butcher who cheapned them suspecting they were stole, sent a Letter to Mr. Hind, who own'd the Goods, and declar'd he had never been his Servant, nor entrusted with them, whereupon he was found guilty of Felony .

[Whipping. See summary.]

Charles Widows of the Parish of St. Martin Ludgate , was indicted for privately stealing a Silk Handkerchief, value two Shillings, out of the Pocket of Edward Wansed , on the 19th of November last. The Prosecutor swore, that as he was coming down Ludgate-street , four or five Fellows met him, and stopt him, and a Woman call'd out and told him his Pocket was pick'd by the tall Man; whereupon turning himself towards the Prisoner, he ran away, and was taken in Black-fryars with several Handkerchiefs in his Pocket, and was seen to throw some down in the Street. The Prisoner pretended he was going on board a Ship to get a Handkerchief of Sugar, but had no Witness to that, on his Reputation, and was found guilty to the value of 10 d.

[Whipping. See summary.]

John Thompson of the Parish of St. Bartholomew the Great , was indicted for privily stealing a Riding hood, value Twenty Shillings, the Goods of Richard Berkhead , on the 2d instant. It appear'd, that Two Women being in the Prosecutor's Shop, one of 'em told him she saw a Man come in and take the Riding-hood off a Chair where it hung; whereupon he pursu'd and took him with it upon him. He pretended he had it from one of the Women in the Shop and thought she had bought it, but had another Story when taken, and having none to his Reputation, was found guilty of Shop-lifting.

[Death. See summary.]

Richard Towne of London, Tallow Chandler , was indicted for Felony, upon the late Statute against fraudulent Concealment by Bankrupts . It was plainly proved that he had contracted Debts; that a Statute was thereupon taken out, and that he did send away his Goods, place, Writings, and Books of Account, to Holland; and that he himself; together with one Norris, who assisted him in the Concealment, were shipped on board a Lacquer-Boat, where being Sea-sick, and going to ease his Stomach over the side of the Ship, Eight hundred Guineas (which he had in two Bags in his Breast, between his Coat and Waistcoat) fell over Board; and the Boat being forced on Shoar by the Weather, he was taken by Mr. Hudson, who had a Warrant from the Commissioners of Bankrupt, and upon search found twenty Guineas, and between five and six Pounds in Silver, and three Gold Rings upon his Finger. All which Particulars he confess'd upon his Examination before the Commissioner, except that he owed Mr. Thomas (who took out the Statute) nothing, but that he was in his Debt, and produc'd one Note of Seven hundred Pounds, one of Three hundred Pounds, and another of One hundred Pounds, under his hand to prove it; all which Notes being view'd by the Court and the Jury, appear'd to be forg'd by Towne, and the hand of Thomas counterfeited; as was also the Counterpart of an Account pass'd between them. The Prisoner after this call'd several to his Reputation, but had the Misfortune either to have them not appear, or if they did, to say very little to his purpose; one in particular said, he was the greatest Rogue in England, or to that purpose. The Court, after a long and patient Hearing, directed the Jury, and they brought him in guilty of the Felony.

[Death. See summary.]

Jane Bailey of the Parish of St. Sepulchre , was indicted for stealing a Stuff Gown, value ten Shillings , the Goods of Joseph Storer on the 8th instant. It was prov'd that the Prisoner came into the House, and being seen to wrap up the Gown, was follow'd and taken in the Green Dragon Passage on Snow-hill, where she threw it down. She had nothing to say for her self, but that she was in Drink, and was found guilty to the value of 10 d.

[Whipping. See summary.]

Susan Meal and Anne Farrow were indicted for privately stealing half Pound weight of Belladine Silk value ten Shillings , the Goods of Thomas Fletcher , on the 3d instant. The Evidence swore, that they came into the Prosecutor's Shop, and bought some Cadis and a Lace; and that while Farrow had the Boy aside, Meal stole the Silk, which being seen, she was pursu'd and taken, and was seen to drop theSilk; whereupon she was found guilty of Shop-lifting; but the Evidence not being full against Farrow, she was acquitted .

[Death -respited for pregnancy. See summary.]

Daniel Wells was indicted for a Misdemeanor, in abetting and assisting several Prisoners to break her Majesty's Goal of Newgate , and make their Escape . The Prosecutors were Mr. Rouse and Mr. Jeffreys, the two Master Turn-keys. Mr. Rouse depos'd, that on Monday the eighth instant, he had private Information that there was a Design to break the Goal that Evening, which he communicated to Mr. Jeffreys; and thereupon they made a Search, and found a Hole cut in the Floor of the Hall 7 Inches broad, and 18 long, and also that the Irons of one Robert Wilks , a Highway-man, were saw'd off. After which, endeavouring to get further, Intelligence, a Woman came with Wells's Child in her Arms, by whom they discover'd where he was; and charging him with the Matter, he confess'd the Fact. Mr. Jeffreys depos'd to the same purpose, and that Wilks acknowledg'd to him, that Wells brought the Saw, and cut off his Irons. It was also prov'd that the Prisoner was the Man who procur'd the Escape of Holloway, which was the Cause of three Persons Deaths. All things being very plain, the Jury found him guilty of the Misdemeanour.

[Pillory. See summary.]

William Thornton was indicted for publishing a forg'd Letter of Attorney, dated the second of October last, in the Names of Thomas Goodwin , James Williams , and Eliph Carn , Captains Servants on board the Salisbury. The Evidence was very full against him, and he had confess'd it when taken, whereupon he was found guilty of a Misdeademeanour.

[Fine. See summary.]

[Pillory. See summary.]

John Hamilton , Esq ; of the Parish of St. Martin in the Fields , was indicted for the Murder of Charles Lord Mohun, Baron of Okehampton , on the 15th of November last, by comforting, aiding, abetting, and assisting the most Noble James Duke of Hamilton and Brandon, and George Mackartney , Esq; in giving the said Lord Mohun a mortal Wound, in and upon the right side of his Body, near the short Ribs, of the breadth of one Inch, and the depth of Fifteen Inches, of which he instantly dyed . He was also indicted upon the Coroner's Inquisition for the same Murder.

Another Indictment was brought against him, for comforting, aiding and abetting the said Charles Lord Mohun , and George Mackartney , at the same Time and Place; in murdering the said James, Duke of Hamilton and Brandon aforesaid, by giving him a mortal Wound on the left part of the Breast, near the left Pap, of the breadth of Three quarters of an Inch, and the depth of Twelve Inches; And another Indictment likewise upon the Coroner's Inquisition for that Murder.

To all which he pleaded Not Guilty, and the Evidence was as follows: Rice Williams , one of the Lord Mohun's Footmen depos'd, That Duke Hamilton was affronted by the Lord Mohun, before a Master in Chancery. Two Days before the Duel; That parting without any Quarrel at that time, the latter went to Whites Chocolate-House afterwards supp'd at the Queen's Arms in the Pall-mall, and then went home, and order'd that Nobody should speak with him next Morning, except Mr. Mackartney, who not coming, Lord Mohun went to his Lodging, where having staid half an Hour, he and Mr. Mackartney went to the Duke of Marlborough's, and tarry'd there about the same space of time: That this Evidence having intimated to Colonel Jos. Churchill, who lodg'd in the same House as Mr. Mackartney, that there was like to be a Quarrel, his Lord check'd him severely for so doing: That from the Duke of Marlborough's the Lord Mohun went to Sergeants-Inn, where he was about half an Hour, and then din'd at the Globe in the Strand with Col. Churchill, Sir Robert Rich , and Mr. Mackartney. That his Lordship went from thence to the Play, and supp'd that Night with the Duke of Richmond, Colonel Churchill, Sir Robert Rich , and Mr. Mackartney. After Supper Mr. Mackartney sent this Evidence to his Lodging, and when he return'd they were all gone, and be cou'd not find his Lord all Night. That on Saturday Morning about Seven of the Clock, having still a suspicion of Mischief, he went towards Hide-Park, and saw Duke Hamilton's Coach going that way; whereupon he follow'd and with some difficulty got over the Park-wall, that he might not be seen; but by that time he came up to the Place where they were engag'd, he saw both the Lords fall, and two Gentlemen (whom he thought to be Seconds) by them. The one he knew to be Mackartney, but cou'd not be positive the Prisoner was the other; but that the other did say, We have made a fine spot of Work of it, or to that purpose, and that his Lord being help'd up, reel'd about Two Yards, and then fell, and dy'd presently.

Isaac Sison , at the Rose-Tavern in Covent-Garden, depos'd, That on the 14th of November, the and a Gentleman in Gray came and being shew'd a Room, ask'd if Stars and Garters us'd the House; a while after, the Duke of Hamilton came, and another Gentleman with him; and the Duke asking for Mackartney, the Gentleman in Gray hearing him came to him, upon whose coming, the Gentleman with the Duke went away; and the Witness carry'd in a Bottle of Wine, and they bid him go, for they wou'd help themselves. That the Gentleman in Gray went several times between the Duke and Lord Mohun; and then the other Gentleman came again to Duke Hamilton, and they went away together; but the Witness cou'd not say, 'twas the Prisoner that was with the Duke.

The Duke's Porter depos'd, That on the Fourteenth in the Morning, Mackartney's Man came to enquire if the Duke was stirring, and that afterwards he came himself, told his Name, and said he had Business of Importance from the North to communicate. That Mackartney came again at four of the Clock, and was with the Duke about a quarter of an Hour. After which the Duke went out, and came in again about Six, with Colonel Hamilton, and they din'd together, and then went out again, and the Duke came in about Eight, and staid all Night. The Evidence being ask'd whether, the Prisoner us'd to dine there, answer'd, Very frequently.

John Lesly (the Dukes Footman) swore, That on the 14th about Five in the Evening, the Duke went in a Hackney-Coach to the British Coffee-house, and sent him for the Prisoner, who came into the Coach, and went to the Rose-Tavern. That the next Morning by Six of the Clock, he was sent to the Prisoner to get himself dress'd, for the Duke would call upon him about Business; That the Duke came and took the Prisoner in, and bid the Coach-man drive to the Park; and the Witness being behind the Coach, the Duke gave him some Keys, and directed him where to find a morning Sword, which he brought, and the Duke bid the Coach-man drive to Kensington; they got out over against the Lodge, and went upon the Grass between the Ponds; the Duke having charg'd him to go and stay by the Coach; That afterwards he met Mackartney going towards Kensington; and then the Prisoner, who went away in the Dukes Coach, and told him the Duke was mortally wounded.

Andrew Clark (the Dukes Coachman) swore, the Duke order'd him before Six to get the Coach ready; and when it was done, he retir'd Three or Four Minutes, and then went and call'd the Prisoner, and from thence bid him drive to the Park; and there got out, and order'd the Coach to stand by the white Rails. That he saw Mackartney come by, with his Wastcoat-Buttons all bloody, and in a very melancholy Posture, and then the Prisoner came, and he took him into the Coach.

It farther appear'd, That when the Lord Mohun came into the Bagnio about One of the Clock on Saturday Morning, he seem'd very melancholy, and when laid down in his Bed, fetch'd a deep Sigh: That Mr. Mackartney came afterwards, and was very jocose.

John Pennington swore, That he was call'd from Bowstreet-end to the Bagnis, where he took up Lord Mohun and Mackartney, and drove 'em into the Park. When they came thither, he was sent to the Lodge for some burnt Wine, while they pretended to walk. That afterwards Duke Hamilton and another Person came to him, and ask'd him where those were that he brought, and he telling which way they were gone, they went that way also; whereupon he mistrusted something, went to the Lodge, and call'd for help. That he saw them go over the Ditch, and draw all their Swords; but did not see the Seconds push, tho' he saw them go to help the two Lords when they were down.

Joseph Nicholson , gave Evidence, That he was desir'd to come and help; and that he saw the Lord Mohun down, and Duke Hamilton fall over him; a Gentleman being behind the Duke, and another behind the Lord, endeavouring to raise them, with both their Swords drawn, that when he and others came up, the two Gentlemen deliver'd their Swords, but the Lords were not willing to part with theirs; That the Lord Mohun beginning to Faint, Markartney help'd to turn him on his side, saying, he believ'd he was sick with bleeding inwardly. And that after the Duel, Mr. Mackartney's Sword was very crooked and bloody when taken, but Colonel Hamilton's had no Blood at all. One Morris, a Groom depos'd, That he saw the Duel; That Duke Hamilton and Lord Mohun having push'd a little while, the Duke closed and took Lord Mohun by the Collar, which last fell and groan'd, and the Duke upon him; That he saw Lord Mobun lay hold of the Duke's Sword just as he was dropping, but cannot say it was in his Body; that he saw no Wound given after the closing, nor had Lord Mohun shorten'd his Sword.

Henry Amy , a Surgeon, depos'd, That he found Duke Hamilton had receiv'd a wound by a Push, which had cut the Artery and small Tendant of his Right Arm; another in his Right Leg, Eight Inches long, which he suppos'd to be by a Slash, it being very large; another small one in his left Leg near the instep; and a fourth on his Leftside between the second and third Rib, which ran down into his Body, most forwards, having pierc'd the Skirt of his Midriff and gone through his Coat, which Wound could not be given but by a Thrust coming from an Arm that reach'd over, or was above him. He further depos'd. That he also view'd the lord Mohun's Body, and found that he had a Wound between his short Ribs, quite-through his Belly another about Three inches deep in the upper part of his Thigh;, a large Wound about Four Inches wide in his Groin; and another small Wound on his Left Side; and, That the Fingers of his Left Hand were cut.

Paul Boussur another Surgeon, depos'd, That about a Quarter after Eleven on Friday Night the 14th of November, a Footman came for him to go to Duke Hamilton's; but he being in Bed, and not well, ask'd if the Duke was in; and being told he was not, desir'd to be excus'd till Morning. That the next Morning Mr. Ferguson came to him about Seven, and said. The Duke wou'd have him take Coach, and come to Hide Park to dress him if there shou'd be occasion. That not being up, he sent a Servant, and after sometime went to the Dukes House, and found him dead. That he open'd the Body, and perceiv'd the Wound between his Second and Third Rib to enter down into the Body, which could not be given but by some Push from above. And being ask'd if the Wound in his Arm wound hinder the holding his Sword in his Right Hand, he answer'd, That he might use that Arm for a while, it being the small, and not the main Tendant that was cut.

Mr. Ferguson give Evidence. That on Saturday, November 15th. about Seven in the Morning, the Duke his Master sent for him; and after having made him promise secrecy, told him he had a Challenge, and was oblig'd to vindicate his Honour; wherefore he had him get Boussier ready to attend in case of Need; but Boussier not being ready, he took his Man; and before he came to the Park, all was over.

The Prisoner in his Defence said, That the Duke call'd him to go abroad with him; but he knew not any thing of the matter 'till he came into the Field, nor never saw the Lord Mohun before. He had several Noblemen of Scotland, and other Persons of Quality, who all gave him the Character of a very Honest, Gallant, Inoffensive Man. After which, the Court summ'd up the Evidence, none of which being sufficient to prove the Prisoner's Knowledge of the Duel, the Jury found him Guilty of Manslaughter upon Two Indictments, and acquitted him of the Coroner's Inquisition. After which, he pray'd the Benefit of the Statute, which was order'd to be enter'd accordingly, and Execution done pursuant to the same.

[Branding. See summary.]

Edmund Hilliard of the Parish of St. Pancras , was indicted for the Murder of Henry Brittle on the 24th of September last, by giving him a Mortal Wound with a Rapier on his left Breast near the Pap, of the breadth of half an Inch, and the depth of Six Inches; of which he instantly dy'd . He was also indicted upon the Coroner's inquest for the same Murder. The Evidence set forth, That the Prisoner and the Deceas'd being Soldier s, had some Words at their Exercise, in which the Prisoner told him there was a grudge between them, or to that purpose, and that now was the time; after which they were seen to whisper together, and then went to their Serjeant's, from whence they seem'd to part Friends, and afterwards the Deceas'd was found Dead in a Field near Tottenham-Court. There was a Witness who depos'd he saw Two Men walking together, as he was driving his Cart by the Road, and when he came back saw one of them Dead, but could not be sure the Prisoner was the other. Another Witness swore the Prisoner own'd to him that he Kill'd the Deceas'd; but he deny'd it at his Trial, and the Jury found him Guilty of Manslaughter .

[Branding. See summary.]

Edward Meads of the Parish of Hanwell was indicted for stealing Ten Weather Sheep, valued Five pounds , from Edward Burnham on the 3d of November last. To which Indictment he pleaded Guilty .

[Branding. See summary.]

Anne Clements of the Parish of St. Andrew's Holbourn was indicted for privily stealing Seven Shillings from Christopher Benson on the 3d Instant. The Prosecutor swore, That coming down Holbourn about Ten at Night, the Prisoner was calling out for help against Two Persons who she said had Robb'd her; and he going to help her, she found means to pick his Pocket, and went off; but that he afterwards seiz'd her, and had her committed. She said in her Defence, That the Prisoner was in Drink, and would have been rude with her; and the Jury considering the whole Circumstance, found her Guilty to the value of 10 d.

[Whipping. See summary.]

John Harris of the Parish of Stepney , was indicted for breaking open the House of Thomas Constable on the fourth instant, at seven a Clock at Night, and stealing thence 17 Ounces of Belladine Silk, a Cloth Coat, and other Goods . The Prosecutor depos'd, that he was call'd from his Work, and told his House was broke open, and that it was fast at five a Clock. It was also prov'd that he was seen coming out, and pursu'd and drop'd a Hat when taken, which the Prosecutor swore to be his. He said in his Defence, that coming along, he heard a Cry of Thieves, and ran along with other People, and so was taken up by mistake. He had some Witnesses, who said he took pains for his living, driving a Wheelbarrow with Fruit, and help'd to maintain his sick Mother. Upon the whole, he was found guilty to the value of 10 d.

[Whipping. See summary.]

Anne Parker of the Parish of St. Andrew Holbourn , was indicted for stealing a Quilt, a Pair of Dowlas Sheets, and other Goods , from Thomas Hewson . It appear'd by the Evidence, that the Prisoner took a Room in the Prosecutor's House, and next Morning went off with the Goods, which were taken upon her by some Milk-women in the Fields. The Evidence was plain upon her, and she had nothing to say in her Defence, but the Prosecutor having his Goods again, and the Prisoner a poor old Woman, she was found guilty to the value of 10 d.

[Whipping. See summary.]

Thomas Windsor was indicted for stealing a Scarlet Coat trimm'd with Gold Edging, a Buff Wastcoat and Breeches, and other Goods , on the first of October last. To which Indictment he pleaded guilty .

[Branding. See summary.]

Susan Hope of the Parish of Stepney , was indicted for privily stealing 33 Shillings from William Harris , on the 14th of November last. The Prosecutor depos'd, that as he was going along Farthing-Pye-House-Fields , the Prisoner was standing at a Door, and ask'd him to come in, where they drank four Hot-pots, and a Quartern of Brandy, and when he parted from her he miss'd his Money. The Prisoner deny'd the Fact, and brought Witnesses to prove he had charged other Persons with it before, so she was acquitted .

Eustace Curtis of the Parish of St. Leonard Shoreditch , was indicted for stealing five dozen of Sheepskins from John Francis . It appear'd that the Goods were lost off the Prosecutor's Stall, and part of them found at one Dennis's in Hog-lane, which he bought of the Prisoner. The Prisoner alledg'd he bought them of another Person, and had a Witness who swore she saw him pay for some, and that she work'd with him at his Trade of Breeches making , and always found him an honest Man, whereupon he was acquitted .

Richard Rixton of the Parish of St. Dunstan in the East , was indicted for stealing a Hat, value 10 Shillings , from Musgrave Davison , on the 30th of November last. The Prosecutor's Man swore, that the Prisoner came into his Master's Chambers in Lincolns-Inn pretending to sell Blanks, and took the Hat away, which was taken upon him. He pretended he found it in the Entry, but that not being believed, he was found guilty to the value of 10 d.

[Whipping. See summary.]

Abraham White of the Parish of Edmonton , was indicted for breaking the House of John Picket on the 6th of November last, in the Day time (no Person being in the House) and stealing thence a Fustian Frock and Breeches, value 16 Shillings, a pair of Shoes, and two pair of Stockings , The Prosecutor swore his House was broke, and the Goods stolen, and that upon pursuit he was taken, and the Stockins and Shoes upon him. The Prisoner said he found them under a Hedge, and no Person proving that he was in the House, he was acquitted .

Joseph Clemson and Mary Hughs , of the Parish of St. Andrew Holbourn , were indicted for breaking the House of Sir James Brooks , on the 28th of November in the Night time, and stealing thence two Gold Watches, seven Silver Salvers, and a large quantity of other Plate and Jewels . The Evidence was the Lady's Woman, who swore, that she wound up her Lady's Watch, hung it up in her Chamber, and lock'd the Door; and the Screws of the Lock were found to be taken out, by which means the Door was opened, and the Watches and a Ring taken away, while Sir Richard and his Lady were asleep; and the Plate was also stole out of the Butler's Room while he was in Bed. The Noise of the Robbery being spread, a Gentlemans Coachman went in pursuit of the Prisoners, and at Kicks-end, near Barnet, found them in Bed together, and the Watches lying on a Table by them. Clemson said in his Defence, that Hughs was his Wife, and that she (being a Servant in Sir Richard's House) brought him the Goods as her own; but she had nothing to say, only that no Locks were broken. The Jury found them both guilty of the Felony, but acquitted them of the Burglary .

[Branding. See summary.]

Beatrice Bressenden of the Parish of Teddington , was indicted for stealing nine Guineas from Robert Morris , on the 24th of October last. It appear'd, that she was Servant at an Inn where the Prosecutor lay, and stole the Guineas out of a little Box. She confess'd the matter when taken, and discover'd where she had thrown them, and they werefound accordingly. She had nothing to say and was found guilty of Felony.

[Branding. See summary.]

John Day, alias Dickinson , of the Parish of St. James Clerkenwell , was indicted for stealing a black and white Cow, value Four Pound ten Shillings , from Richard Holland , on the 18th of November last. The Prosecutor swore he lost two Cows from Elstry in Hertfordshire , but could not prove the Prisoner to be concern'd in stealing of them, and he was therefore acquitted .

Evan Obrey of the Parish of St. John at Wapping , was indicted for stealing three pair of Shoes, three Shirts, and other Goods , from John Moyne , on the 23d of November last. It appear'd that the Goods were lost from on board a Ship, and the Prisoner was taken with some of them on his Back, and that he confess'd he sold some of them. The Prisoner said he took the Goods by mistake for his own, at coming from on board the Ship; but had no Evidence to his Reputation, and was found guilty to the value of 10 d.

[Whipping. See summary.]

Joseph Ing of the Parish of St. Leonard Shoreditch , was indicted for stealing a Hog, value fifty Shillings , from William Wright , on the third of November last. The Evidence was one Kidder, who depos'd, that coming from Rumford with a Drove of Hogs, one dropp'd in Spittle fields Market; and having some Information of a Hog being kill'd at the Prisoner's House, went and search'd, and found some Hair, but could not prove the Indictment, and the Prisoner was acquitted .

William Rich, alias Clark , of the Parish of St. Paul Covent-Garden , was indicted for stealing Twenty seven Yards and a half of Broad-cloth, value Ten Pounds , from George Tilden , on the fifth instant. The Prosecutor's Servant swore, that while he was at Dinner the Goods were taken away, and he ran into Covent-Garden, overtook the Prisoner, and saw him drop it; which was confirm'd by another Witness, and he was thereupon found guilty of Felony.

[Branding. See summary.]

Samuel Brown (a Boy ) of the Parish of St. Giles's Cripplegate was indicted for stealing a Callicoe Handkerchief, valued Eight Pence , from Christopher Stevenson . The Prosecutor swore, That being in a Crowd in Moor-fields , the Prisoner pick'd his Pocket, and put the Handkerchief into his Bosom, which he took upon him. The Prisoner said he found it upon the Ground, though he confess'd it before Justice Manlove. The Jury found him Guilty to the value of 10 d.

[Whipping. See summary.]

Mary Sanderson of the Parish of St. Andrews Holbourn , was indicted for that she (with John Sanderson her Husband) did feloniously steal a Gawse Handkerchief and other Goods from Mary Bierly . The Prisoner in her Defence said, that her Husband kept Company with the Prosecutor, and he had several things from her, and amongst the rest the Handkerchief, which keeping Company was prov'd by other Witnesses, who also gave a very good Account of her Reputation, whereupon she was acquitted .

Mary Tayler of the Parish of St. Andrews Holbourn , was indicted for privily stealing a piece of Muslin, valued Fifty Shillings, out of the Shop of John Bull . The Evidence swore, That she came into the Shop pretending to buy, and was seen to take the Muslin, and permitted to go Two or Three Doors with it under her Riding-hood; and then was taken and brought back. Upon the whole, she was found Guilty of Shop-lifting.

[Death -respited for pregnancy. See summary.]

Jane White, alias Best , and Mary Boswell , of the Parish of St. Giles in the Fields , was indicted for stealing a Fustian Frock with Silver Buttons, valued Thirty Shillings , &c. the Goods of William Richardson , on the first Instant. The Evidence depos'd, That about Twelve at Noon his House was open'd with a Picklock Key, and the Goods taken away; and the Prisoners being taken, Boswell confess'd it, and directed him where to find some of his Goods again; whereupon she was found Guilty ; but the Evidence not being sufficient against White, the was acquitted .

[Branding. See summary.]

John Walker of the Parish of St. Giles Cripplegate , was indicted for breaking the House of Elizabeth Hall on the 22d of October last, in the Night-time, and stealing from thence a Furbelow-Scarf, valued Twenty Shillings, a Holland Apron valued Two Shillings, and other Goods . The Prosecutor swore her Casement was taken down, and set on t'other side of the way; and her Trunks broken open, and the Goods gone; and it was prov'd by another, that he Sold Two of the Aprons, which the Prosecutor swore to be hers. The Prisoner did not deny the selling of them, but said he had them from three Women, who eat and drank at his House, and had not Money to pay him; which was confirm'd by a Witness, and he was acquitted .

William White of the Parish of St. Mary Savoy , was indicted for stealing a Lac'd Head-Dress, Two Muslin Bibs and Apron; and other Goods , from Zach. Brown on the Third of November last. The Evidence was very plain, that he was in the House, and pack'd up the Goods in order to carry away, but being surpriz'd, he fled, and was taken. He said in his Defence, That he was newly come from Sea; and being pursu'd by a Bailiff, fled into the House for Refuge; but could prove nothing, nor had any to his Reputation, and was found Guilty to the value of 10 d.

[Whipping. See summary.]

Jane Simons of the Parish of Stepney was indicted for stealing Two Cocks, valued Two Shillings, and Thirteen Hens, valued Seventeen Shillings , from Allen Parsons on the 27th of October last. The prosecutor swore, That about Eleven at Night he look'd out at Window, and saw the Prisoner about the Hen-house; and making what hast he could down, took her with Eight of the Fowls Kill'd, and the rest ty'd together alive, which was also depos'd by a Neighbor who came to his Assistance. She had nothing to say for her self, nor any to her Reputation, and was found Guilty to the value of 10 d.

[Branding. See summary.]

Richard Bushel and John Crabb of the Parish of St. Giles in the Fields , were indicted for breaking the House of Francis Annesley . Esq ; on the 13th of August last, and stealing thence Gold Medals, and other Gold, Jewels Money, and Bills, to a very great value . It was prov'd that Bushel was Servant to the Prosecutor, and that he was entrusted with the House when his Master was out of Town, and that he being so out of Town on the Day aforesaid, Crab was seen to come after Nine at Night to the House, and enquire for one of the Maids, and then go into the Parlour to Bushel; and in the Morning a Room and two Scrutores were broken and Bushel gone. Another Witness swore, that she saw Crabb in the House when she went to Bed, and that he came no more after that Night. Mr. Annesley being inform'd of this, put out Bills, and sent Intelligence to the Customhouse Officers at all the Ports, by which means they were after sometime seiz'd in Wales, and committed to Caermarthen Goal; from whence being brought by a Habeas Corpus to Town, they confess'd the whole Matter to the Prosecutor and another Gentleman. Bushel said, that Crabb ask'd him for a Bottle of Wine, which he could not give him, the Key of the Wine-Cellar being in his Master's Scrutore; and thereupon Crabb got a Key to open the Scrutore, and by that means induc'd him to be concern'd in the Robbery. But Crabb in his Defence said Bushel set him to work to make a Picklock Key, and was the first Contriver of the Fact. The Jury finding the Matter so very plain, found them both guilty of Felony and Burglary.

[Death. See summary.]

Anne Spencer of the Parish of Fulham , was indicted for stealing Three Shirts, Two Shifts, and other Goods , from Anne Hall , on the 11th of September last. It was plainly prov'd, that the Prisoner came in at the back Door, and went up Stairs, and put up the Goods in order to carry away; whereupon the Jury found her guilty to the value of 10 d.

[Whipping. See summary.]

Eleanor Smith , of the Parish of St. Andrew Holbourn , was indicted for stealing a Gallon Pot, value three Shillings , from William Manning , whose Servant swore, that the Prisoner came into the Bar, and took the Pot, and was going off with it, but was taken.

Sarah Dalton, alias Gideon , of the Parish of St. Dunstan Stepney , was indicted for breaking the House of Elizabeth Landel , on the 21st of November last, and stealing a Sattin Gown and Petticoat , &c. The Prosecutor swore, that she went abroad to a Burial, and fastned her Door and her Windows; and when she came home, found her House broke open, and the Goods taken away, and part of them found in Rag-Fair, some of which were sold by the Prisoner. She deny'd she had any of the Goods, and said that one of the Witnesses was a Dealer with Thieves. She was acquitted of the Burglary, and found guilty to the value of 10 d.

George Horne of the Parish of St. Clement Danes , was indicted for stealing a Quarter of Malt, value Twenty Shillings, and two Sacks , the Goods of Ralph Booth , on the 15th of November last; and a second time for stealing a Skiff. It appear'd by the Evidence, that he brought the Malt and Skiff to Three Cranes, and there put it ashore; and being taken upon Suspicion by a Constable, was charg'd by the Prosecutor, who had his Goods again, and he was found guilty to the value of 10 d.

[Whipping. See summary.]

John Bath of the Parish of St. James Clerkenwell , was indicted for stealing a Gelding, value 8 l. and a Mare, value 4 l. from John Stevens , on the 29th of April , in the tenth Year of the Queen. There was an Evidence who said, the Prisoner and he together stole the two Horses, out of some Grounds near Ware ; and that himself, the Prisoner and another sold them, and divided the Money between them: But no Prosecutor appearing, and the Prisoner having several to his Reputation, who prov'd thathe kept an Inn at Waltham-Cross, the Jury thought fit to acquit him.

William Metkins, alias Innocent , of the Parish of St. Giles's in the Fields , was Indicted for breaking the House of Ralph Lambert , on the 22d of November last, in the Night time, and stealing thence two Holland Shifts, three Holland Pillowbers, and other Goods . The Evidence depos'd, the Window was open'd, and the Mark of a Man's Foot seen in the Window, and on the Floor, and that one who lodges in the House, coming home, took the Prisoner just coming out of the Street door. He pretended he was sent of an Errand, and mistaking the House, went in there and call'd, and could make no body hear; but it was prov'd the Door was bolted on the Inside, and that he push'd it back to get out. The Jury finding it very plain, brought him in guilty of Felony and Burglary.

[Death. See summary.]

Robert Wine , and Levin Reason , of the Parish of Hendon , were indicted for stealing a Weather Sheep, value ten Shillings , the Goods of a Person unknown , on the eighth of November last. The Evidence were two Watchman, who deposed, That going their usual Round, they met the Prisoners with the Sheep cut asunder in the middle in their Haversacks, which they own'd they brought from Hendon , and afterwards confess'd the same before Justice Hannaway. They said in their Defence that they were of the Windsor Party, and coming to London, met a Butcher with nine Sheep, one of which having his Leg broke, fell by the way, and they bought it for four shillings, and that he had the Skin for stripping of it; but that being look'd upon as frivolous, and having to Witness, they were found guilty to the value of 10 d.

[Whipping. See summary.]

Thomas Holmby of the Parish of St. Sepulchre was indicted for stealing a Saddle, value ten Shillings , the Goods of James Odel , on the 8th of November last. The Evidence swore, That the Prisoner came by with a Saddle, and offer'd to sell it him for four Shillings, and at last bargain'd for Two Shillings and Six Pence. And that soon after hearing Mr. Odel had lost a Saddle, he caus'd the Prisoner to be apprehended; but Mr. Odel not appearing, and the Witness not being sufficient, he was acquitted .

Alice Cotton of the Parish of St. Botolph without Bishopsgate , was indicted for privily stealing Six Shillings and Six Pence out of the Pocket of William Bentoft , on the 18th of November last. The Prosecutor swore, That he met the Prisoner upon Tower-hill, between 11 and 12 a Clock at Night, and she ask'd him to drink; which he comply'd with, and after he came out of her Company he miss'd his Money. She in her Defence said, that he pick'd her up, and threatned her with his Knife if she would not comply; and that thereupon she did go to drink with him, where he talk'd very lewdly, and was much in Drink, but deny'd she had any of his Money. Upon the whole the Jury found her Not Guilty .

Mary Lauton of the Parish of St. Andrew Holbourn , was indicted for privily stealing Seven Shillings from Samuel Whiting , on the 25th of November last, but no Evidence appearing, she was acquitted .

James Urwin of the Parish of St. Clement Danes , was indicted for breaking the House of John Linwood , on the 10th instant in the Night time, and stealing thence three Silver Tasters, two gilt Spoons, and other Plate, Linnen and Goods . The Prosecutor depos'd, That the Prisoner confess'd he came into the House at 9 a Clock at Night, and in the Morning his Goods were gone. And another Witness swore, That he came to his House in Cannon-street, and call'd for some Drink; and that being suspected to be an ill Person, he was stopp'd, and part of the Plate and other Goods found upon him, which were produc'd, and sworn to by the Prosecutor. The Burglary was not sufficiently prov'd, whereupon the Jury brought him in guilty of Felony .

[Branding. See summary.]

Valentine Bernard of the Parish of St. James Westminister , was indicted for stealing an Iron Jack, value Forty Shillings , from Augustine Smith , on the 22d of November last. But no Evidence appearing against him, he was acquitted .

The Tryals being over, the Court proceeded to give Judgment as followeth.

Received Sentence of Death 9.

James Ashwood , Paul Dowcet , John Thompson , Richard Towne, Susan Meale , Mary Tayler , Richard Bushel , John Crabb , William Metkins .

Burnt in the Hand 17.

Elizabeth Wells, alias White, Eleanor Smith , Elizabeth Thompson , Sarah Gideon , John Herring , Edmund Hilliard , Edward Meads , Thomas Windsor , Joseph Clemson , Mary Hughs , Beatrice Bressenden , William Rich , Mary Boswell , Jane Simons , Henry Morgan , John Hamilton , James Urwin .

To be Whip'd 21.

Thomas Finch , Phebe Pickering , James Goswell , Sarah Ridgway , Caleh Lockwood, John White , Katherine Priest , John Philips , Charles Widows , Jane Bailey , Anne Clements , Anne Parker , Richard Rixton , Evan Obrey , Samuel Browne , William White , Anne Spencer , George Horne , John Harris , Robert Wine , Levin Reason.

Daniel Wells to stand in the Pillory in Newgate-street.

William Thorn Fin'd Forty Shillings, and to stand in the Pillory upon Tower-hill.

Susan Meale , and Mary Tayler , pleaded their Bellies, and were found to be with Quick Child.

ADVERTISEMENTS.

Lately Publish'd.

THE Publick Divine Service of the Church, or the Common Prayer Book, prov'd to be taken out of the Holy Bible, and agreeable to the Practice of the Primitive Church, and now publish'd for the Information and Instruction of those who Dissent from the Church of England. With a Prefacely the Reverend Dr. Brett. 1713.

THE Great Duty of Catechising; being a plain and tasy Discourse, from a Divine of the Church of England, to the People under his Change shewing them the Necessity of instructing Youth in the Principles of the Christian And earnestly persuading them to teach their Children the Church Catechism, and to cause them to come to Church, to be further examin'd and instructed in it. With some few Remarks upon the Excellency of that Catechism above all others. In Two Ports. Both Sold by John Morphew, near Stationer's-Hall.

For the Good of the Publick.

Whereas several Ladies Gentlewomen, and others of that Sex in this Kingdom, have contracted an habit of Body, wherein the vicious Humours at first dispersed through the whole, come at length to be lodged in one part or another, and many times, for Causes too long here to be mentioned, are thrown down upon the Womb, occasioning a dangerous Weakness in that part, which being neglected, at last turns Cancerous, and often proves fatal. This is to acquaint all such at may have Occasion, that a certain and speedy Relief, it to be had from an experienced Midwife, living now at the Goldsmiths, over against Exeter Exchange in the Strand; who lately performed a wonderful Care upon a Lady at the Bath, after she was given over by Physician.

A Small Parcel of very fine Malaga Citrons just landed, to be had at the Sign of the White Bear near Pudding-lane in Thames-street.

LONDON, Printed and Sold by John Morphew near Stationers-Hall, 1712.