Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 03 September 2014), July 1716 (17160712).

Old Bailey Proceedings, 12th July 1716.

THE PROCEEDINGS ON THE KING'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 Bayly ,

ON THE

ADJOURNMENT

On Thursday, Friday, and Saturday, being the 12th,13th, and 14th, of this Instant July,1716. In the Second Year of His MAJESTY's Reign.

BEfore the Right Hon. Sir CHARLES PEERS , Kt. Lord Mayor of the City of London; Lord Chief Baron Bury , Mr. Justice Tracy, Mr. Justice Pratt, Sir William Thompson , Kt. Recorder; with several of His Majesty's Justices of the Peace for the City of London , and County of Middlesex.

Thursday, July 12.1716.

The Juries which serv'd the proceeding Part of the Sessions for the City of London and County of Middlesex, being continued and charg'd with the following Prisoners, viz. Isaac Dalton , George Fling Harry Cheap , Christopher Smith , and James Dovet , or London; and Alexander Gordon , Gent. William Dale , and Charles Hornby , for Middlesex, all, except Mr. Gordon, having been arraign'd before the Court proceeded to try them upon their several Indictments in the Manner following.

Alexander Gordon , of the Parish of Kensington , Gent. was indicted for the Murder of James Cathcart , Gent. by giving him a Mortal Wound with a Sword on the right side of his Body, under the right Breast, of the Breadth of half an Inch, and of the Depth of 16 Inches, of which he instantly died . He was also indicted upon an Inquisition taken before the Coroner, for Manslaughter. The first Evidence for the King was one Mawbrey , who depos'd That about 8 a-Clock in the Evening he saw the Prisoner and the Deiceas'd come down Notting-Line, and go into a Corn field , the Deceas'd going first; who, bidding the Prisoner follow him, and speaking very angrily, gave him Reason to suspect there would soon be Mischief; and in a very little time, he heard the Prisoner cry out, For Crist's sake, Help, Help; and when he was come up to them, he found the Deceas'd on the Grass, and the Prisoner himself very much Wounded, having been run throb' the Shoulder, and part of the Deceas'd's Sword, which broke within him, sticking out behind; That he heard the Prisoner say to the Deceased, Was I the Occasion of this Injury and he answer'd groaning, No, No.

Then Mr. Dunbar depos'd he was at Old Man's Coffee-house by Charing-Cross, and the Deceas'd being there, ask'd him what News, who replied, None, as I know of. No, said the Deceas'd, I hear News about fighting, but the King's Guards would not let them; and that there was no fighting now without the Guards; upon which this Evidence told him, he did not do well to talk so of Things when a Relation of the Gentleman who was concern'd was near him,(the Prisoner being in the same Room :) To which he said, he did not care for one nor t'other. And being ask'd by the Prisoner, said, the Deceas'd told him they were a couple of worthless Brothers.

Then Mr. Urqubart depos'd, That being at the Same Place between 6 and 7 at Night , he and Mr. Cathcart were talking about indifferent Things , and the Prisoner came to them she told the Deceas'd he heard him speak disrespectfully of another Gentleman, and desired to know who was his Author, upon which the Deceas'd replied, G - d - n you, I wont tell you, and Shifting his Cane made a Motion to strike him , but he put in between them and separated them, and soon after they took Coach.

One Barnes depos'd He saw the Prisoner put his Hand to his Sword , when he went out.

A Surgeon swore, the Wound the Deceas'd receiv'd , was the Cause of his Death; and that he took a Piece of a Sword out of the Prisoner's Shoulder.

Another depos'd, he knew the Deceas'd's Sword , and that it was broke.

And another, That the Sword the Prisoner fought with was good for nothing being very short, and unfit for fighting.

The Prisoner in his Defence said, He receiv'd five Wounds from the Deceas'd, but did not give one with any Malice. That the Deceas'd reflected very much (as he and every Body in the Coffee-room understood it) upon his Brother, Sir William Gordon , pretending he hired the Guards to prevent his fighting the Lord Lovat; but did not apply himself to him, but to Mr. Dunbar. That afterwards the Deceas'd being inform'd who he was, he was oblig'd to ask him who told him that Story; which if he refus'd to answer, if he would beg his Pardon , and own he was not the wrong, he would forgive him, and take no farther Notice of what had passed; which Expressions he utter'd with - abundance of Civility and Respect; however, the Deceased being very angry, shook his Cane at him, which occasion 'd their fighting; and after he had receiv'd 5 Wounds from him, he own'd he gave him that which he was sorry for; who then told him, he found himself just going, that it was his own Fault, and of his own seeking, and begg'd his Pardon for what had happened; to which he answer'd he had also receiv'd his Death's Wound and should very quickly follow him; but in the mean time would employ what Strength he had left to the very last in his Service. To confirm which he called several Witnesses.

The first depos'd, That being at the Coffee-house aforesaid, the Deceas'd came in, and ask'd Mr. Dunbar if there was any News; and said he heard that some of his Countrymen had a new Way of fighting, which was, after they had agreed to fight, to hire the Guards to prevent it. Upon which the Prisoner ask'd him if he knew the Gentleman who was so free with his Countrymen, and he told him No, and fearing Mischief went out.

Another Gentleman depos'd. That after he heard that Major Cathcart had cast some Reflections upon the Prisoner's Brother, the Prisoner went to him and ask'd him some Questions, which he seem'd to urge; and when the Deceas'd gave him an Answer, he observ'd him to shake his Cane; and then Captain Urqubert stept between them and prevented the Blow; After which the Deceas'd flew back, and said, stand off you Dog, and shook his Cane over his Head, and again, That if he did not go immediately out of the Room, he would beat him like a Dog; and then the Prisoner took hold of his Sleeve and they both went out together. Upon which Occasion he ask'd it no Gentleman there would follow them, and prevent the Mischief; and was inform'd that Captain Urqubart was the Prisoner's Cousin.

Another depos'd he saw Mr. Dunbar and the Prisoner together in the Coffee house; and the Deceas'd drew a Chair into their Company; after which they quarell'd.

Another depos'd, That being in the same Coffee-room, when the Deceas'd reflected so upon the Prisoner's Brother, he observ'd several Gentleman to laugh on the account of the Prisoner's Patience, in not taking Notice of it sooner.

Another Evidence depos'd, He heard the Prisoner say to the Deceas'd in the Road, Why should we fight? What will it Signifie? but the Deceas'd said Pugh, Pugh we shall se that by and by ; and ringing the Flowers off his Nosegay , threw them into the Prisoner's Face.

Another, That he saw them in Love-lane, and they appear'd to be in a very earnest Discourse; but the Deceas'd broke it off by throwing something into the Prisoner's Face.

A Boy swore, he heard the Prisoner say to the Deceas'd just before they fought, You know me, and I know you; what signifies our Quarelling?

The Right Honourable the Earl of Southerland appear'd in Court, and gave the Prisoner the Character of as peaceable, quiet and civil a Gentleman, as any his Lordship was acquainted with.

Dr. Wellwood depos'd, the Nature of his Wounds were too great a Provocation for a Man to bear.

General Ross swore, he knew him very well, and was satisfied he was a very peaceable Gentleman, not at all given to quarrel, or affront; and was sure he had this Character among all his Neighbours.

It being evident upon the whole, that there was no premeditated Malice, but that the Blood had not time to cool; the Jury found the Prisoner Guilty of Manslaughter only .

[Branding. See summary.]

William Dale , was indicted for a Misdemeanor in attempting to suborn Thomas Warmsley to give false Evidence in the Trials of Mr. Howard and Mr. Standish , two of the Rebel Prisoners: And to prove this, Warmsely was sworn, who depos'd. The Prisoner came to him, and ask'd him, if he knew Mr. Howard and Mr. Standish, and he said No. Then he told him, You appear to be an honest Man, and not greedy of Blood, if you will appear as an Evidence for the Gentlemen aforesaid, you shall be well rewarded; and read a Paper to him, which was to be the Guide of his Evidence and Responses: The Substance of which follows. That Mr. Standish and Mr. Howard came to the Anchor at Preston , where he was a Servant, and ask'd him if he could shew them a By way out of the Town, and he told them he durst not do it, Troops being posted every where. That then they shew'd a great Dislike to faster's Conduct , for staying so long in it, and said they would , get out of it thro' all Events; and employ'd him to get them a couple of Guides to that Purpose. All which he said was false ; and he thought himself oblig'd to acquaint the King's Council with it: Besides this, there was all the necessary Proofs of the Fact, and the Jury found the Prisoner, who made no Defence (not so much as to deny it) Guilty of the Indictment.

[Pillory. See summary.]

[Fine. See summary.]

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

Charles Hornby , a Hawker , was indicted for a, Misdemeanor, in Publishing the following Seditious Libels, viz. one call'd Cuto's another, Almost Gracious Speech paraphras'd in plain English Metre for the Use of the Vulgar; and a third, Pasquin to the Queen's Statue on St. Paul's: In which were several Seditious Verses and Expressions, highly reflecting on the King and Government . The Prisoner, it seems, was a private Hawker, and carried these, and other Things of the same Criminal Nature, about in his Budget; which being made known to a Person in Authority, he demanded his Budget in Westminster's-Hall , where the Prisoner was taken; and searching it, found the Libels aforesaid. The Prisoner own'd his Livelihood depended upon felling Pamphlets in that Manner, as his Father did before. The Jury found him Guilty .

[Whipping. See summary.]

[Imprisonment. See summary.]

Isaac Dalton , was indicted for a Misdemeanor, in saying King G - ge is a Rogue, G - d d - n him . It appear'd the Prisoner committed this very great Offence even after he was confin'd in Newgate, for Printing and Publishing a most seditious Libel, called Weekly Remarks. It was positively sworn against him; with the Aggravation of cursing at the same Time several Honourable Persons, who have appear'd continously in his Majesty's Interest. The Jury found him Guilty .

He was a Second Time indicted for attempting to debauch the Soldiers, who were upon Guard at Newgate , on his Majesty last Birth-day . It was prov'd by Mr. Smith, who was appointed by my Lord Mayor and the Sheriffs, to super intend the Goal of Newgate, That the Prisoner had Leave to visit some of the Rebels; and in his Return, as he went by the Soldiers, he threw them a Shiling, and bid them drink the Pretender's Health by the Name of King James; upon which he call'd him back, and knowing him to be a Prisoner already, let him go; but told him he would take care to have him prosecuted for his Impudence. He took this Occasion to do the Soldiers Justice, who unanimously rejected the Proposal with the greatest Scorn and Contempt. The Jury found him Guilty .

He was a Third Time, Indicted, for a Misdemeanor, in Printing and Publishing a Libel, call'd Weekly Remarks,&c. in which are contain'd several Expressions, highly reflecting on his present Majesty and Government. The first Evidence was Mr. Squire, who depos'd he had the Papers from Mrs. Grover, and she, That they were brought to her from the Prisoner's Sister, to whom she paid the Money for his Use, which was a Guinea at one Time, and two at another, having been told she acted for him. That she receiv'd a Letter from a Porter, in the Prisoner's Name, in which were Expressions tending to prove him to be the Printer of the said Libel. But that she did not know the Prisoner himself, having always dealt with his Sister; nor could she swear the Letter was written by him. Then the Porter was sworn, but Mrs. Grover did not know him, which put aside his Evidence. And her Daughter depos'd, That she was abroad when the Letter came to her Mother, and did not see the Porter, but confirm'd that Part of her Mother's Evidence which concern'd her transacting Business with the Prisoner's Sister for his Use. Mr. Stakehouse depos'd, One Wright came to the Stamp-Office with nine of these Papers (amongst which was the Paper in question) to pay the Duties from Mrs. Dalton, and to be enter'd, but not coming in Time it was refus'd. Wright swore he had them from one Withers, on Snow-bill, being directed there by Mrs. Dalton. Then Hawkins stood up again, and swore he was call'd, being a Porter, to Newgate, and a Man ask'd him what he would have to go to the Stamp-Office, and receiv'd 3 s. to pay for Duties, and had 6 d. for his Pains, but did not know the Man again from whom he receiv'd it. Then Mr. Squire farther depos'd, That when he took the Prisoner up, he own'd to him, that he printed the Papers under that Title, but did not that he printed that particularly mention'd in the Indictment. Squire also deposed that he afterwards found and took one of the very Papers in question at the Prisoner's House, where his Printing Press was kept. However the Evidence failing in fixing that particularly, for which he was cried, upon the Prisoner, he was acquitted .

[Fine. See summary.]

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

George Flint , was indicted for a Misdemeanor in Writing a seditious Libel, intituled, Weekly Remarks, or Political Reflections on the most material News Foreign and Domestick . It appear'd very plain from the Evidence, That the Prisoner had confess'd he was concern'd in writing the said Libel with another Person, which was to be of a different Nature from any yet publish'd: That the Prisoner was seen to write some Part of the said Paper. That it came from his own Hands to the Press. And that he had own'd to my Lord Townshend and others, he wrote it for his Bread. The Prisoner in his Defence had nothing to say to the Fact, which he could not deny, but thought to bring himself off by quarrelling with what he apprehended to be uncivil, absurd, false Latin and un generous, in the Indictment; which was far from doing him Service; it being drawn up as the Custom in the Law directs, and in the Manner that it always understands. The Jury found him Guilty .

[Fine. See summary.]

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

Harry Cheap , was indicted for a Misdemeanor, in publishing a Letter to Sir Richard Steel , in which were several Passages very much reflecting on the Revolution, and King William, and striking at the very Root of it, and tending to make all those brave Persons who were concern'd in it appear as Rebels and Traitors . The Libel was taken upon him; but there was Proof that publishing such Libels was his Business and Livelihood, and the Jury found him Guilty .

[Fine. See summary.]

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

Christopher Smith , was indicted for a Misdemeanor in Publishing a seditious Libel, entituled, The Answer of the Reverend and Learned Mr. Nash, to a Letter sent him by his Cousin after the Death of our late most Gracious Sovereign Lord King James II . In which were several Expressions in Vindication of the Pretender's Title, reflecting on the Revolution and obnoxious to the present happy Establishment, the Design of which it was to disturb. The Fact was directly prov'd, and the Prisoner had the marchless Impudence to avow to, and abide by, the Contents of it in open Court. The Jury found him Guilty .

[Fine. See summary.]

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

James Dover , was indicted for a Misdemeanor in Printing, with an Intention to Publish, Part of a most seditious Libel, entituled, A suppliment to the Church of England's Advice to her Children so all Kings, Princes and Potentates ; in which were several Expressions as in many of the others, that might have been call'd treasonable. The Prisoner confess'd he was Guilty of the Printing; and the Jury found him so accordingly .

[Fine. See summary.]

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

Mary Dalton , who was indicted for a Misdemeanor, in Publishing a seditious Libel, intituled, Robin's last Shift; or, Weekly Remarks on the most material News Foreign and Domestick, in which was a Paragraph highly reflecting in the most affronting and impudent Expressions, on his Majesty's Person and Government, and both Houses of Parliament . It was positively sworn, and prov'd upon her, who said nothing in her Defence, but that she did it by her Brother's Order. The Jury found her Guilty .

[Fine. See summary.]

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

Saturday, July 14,1716.

THis Day came on the Trial of William Pitts , Gent. for High Treason, who challeng'd 23, when a Jury being sworn, viz.

Sir Daniel Wray , Knt.

Richard Smith

Robert Thorpe

Henry Hankey

Thomas Geering

Joseph Goddard

John Shorey

Thomas Gouge

John Farr

Robert Gill

Joseph Windmill

William Kent

His Trial was at follows:

William Pitts , of London Gent. indicted for High Treason; for whereas he being Keeper of the Goal of Newgate , on and before the 8th of December last, and whereas Thomas Foster , jun a false Rebel and Traitor to his most Excellent Majesty King George, was on the Day aforesaid committed to him the said Prisoner, to be kept close and secure in the said Goal till he should be discharged by due Course of Law, he the said Prisoner on the 11th of April last, not having the Fear of God in his Heart, but being moved and seduced by the Instigation of the Devil,&c. as a false Traitor,&c. did permit, aid, and abett the said Foster to make his Escape out of the said Goal, contrary to the Duty of his Allegiance &c.

The Council for the King having open'd the Indictment, and the Nature and Manner of the Offence, my Lord Townshend's Warrant for the Commitment was prov'd, which occasion'd some Debate between the Council on both sides; but the Objections on the Part of the Prisoner being over-rul'd, Mr. Rewse was sworn, who depos'd, That on the Day mention'd in the Indictment, Mr. Foster was committed to Newgate into the Prisoner his Master's Custody and remain'd so till he made his Escape. That it was the Custom in the said Prison, both before and after, sometimes at 11, and sometimes at 12 a-Clock at Night, to put the Guard into the Press-yard, which was the Business of Mr. Ballard his Fellow Servant; and when he had done, and every thing made secure, his Master the Prisoner receiv'd the Keys, and took particular Care of Mr. Foster himself. That his Master was always very diligent in performing his Duty, and told him, he went to the Secretary's Office to acquaint them of the Necessity of a Guard, which was accordingly ordered; besides which, he was at the Charge of two Watchmen, who took their Turns every Night, who were to inspect the Soldiers, and prevent their being brib'd. That on the Night aforesaid, he being asleep in the Lodge, his Master came to him very much surpriz'd, and told him that which was his greatest Care would now be his Ruin, and shew'd him a false Key, upon which he told him, there was a Man in the Prison who had been a Servant to the City-Smith, and had him examin'd, but he denied his being any ways acquainted with the making of that Key, and his Master order'd him immediately to be confin'd. Then he and Mr. Ballard took a Link and went to Billingsgate, and enquir'd at the Dark-houses if, any Person had just gone off, or had bespoke a Passage to Gravesend, or waited for the Tide, which he saw coming in; and at last was inform'd that at the Gun Tavern there were a couple of Gentlemen who waited for a third, to go to Gravesend, upon which he went to them; but found them Dutch Gentlemen; from thence he went to Queenhithe , enquiries all the Way, without acquainting any Person of the Occasion of his Errand, and thence to Black Fryers where he was informed a single Gentleman had just crossed the Water with a Sculler, upon which he took Boat, and enquir'd at the Watch houses on t'other sides and became informed that the Person who cross'd was a Neighbour very much in Drink, but could learn nothing of Mr. Foster, and then not knowing what to do farther, came home. He also depos'd, That Mr. Foster's Room was very strong, and more secure than any Room in the Prison; and that he could make no Noise nor Disturbance without waking his Master , who lay upon the same Floor, a Partition being only between them; That the Prison was full,10 or 12 being confin'd in one Room; and that none of them were in Irons, not so much as Mr. Foster's Man. And believ'd his Master was not at all consenting to Foster's Escape, and thought if it was his Case, and had taken Bribes, he should rather have chosen to have gone along with him, than have staid to bear the heavy Load that such a Crime would certainly have put upon him. That Count Guiscard was also confined in the Prisoner's House by Order, it being thought by the then Ministry to be the safest Place, and Mr. Harvey for High Treason.

Then Mr. Ballard was sworn who depos'd he went to lock up Foster, and saw him come out of the Press-yard, appearing Melancholy and complaining he was tir'd of reading; and gave his Master the Keys as he us'd to do after he had put the Guards into the Press yard. That he observ'd his Master to be extraordinary careful of Mr. Foster that he should not escape that his Master had given all his Servants Charge to take no Bribes which the Rebels were very free to offer; and that he himself might have taken 5000 l in his Time if he would be false to his Trust, That when Foster was gone, he came to him like a Man distracted, knocking his Head against the Wainscot crying out he was ruined undone &c. and he varlly believ'd he was not concern'd in his Escape, That Foster us'd very often to go up Stairs to the necessary House, and he always staid at his Chamber Door till he came down, knowing it to be impossible for any Person to get out above. Being ask'd by the King's Council, if it was usual for the Prisoners to visit the Rebels After they were lock'd up, he replied No And again, If Mr. Anderton and Mr. Foster had taken his Master by the Throat, could he ring his Bell or give any Notice, he replied, he might make his Black hear, who had Arms; and that in this Case they could do not further, the Keys being lock'd up. That his Master might let in the Soldiers upon any Disturbance; or the Soldiers in the Lodge might hear upon firing a Gun and come to their Assistence. That his Master attended all last Winter in the severest Season, and was indesatigable in his Diligence and Care in securing the Prisoners.

Then Mr. Revel was sworn, who depos'd he went to look up about 11 a Clock at Night, and his Master bid him make haste , and when he had done he give him the Key, That Mr. Anderson, Mr. Foster and his Master were above Stairs in Foster's Room, over 2 Flask of Wine, his Master with his Back to the Door; the other two facing it. That his Master ask'd him if all was safe, and he told him Yes, and bid him Good Night, and then he went out, and the Black that the Door after him. That being sent for after this to his Master, he said, Ah! Revel, I am undone; Pray go to the Watch and enquire, Foster's gone. That his Master was a very careful Man, and never satisfied but when up and down to see that all was safe; and had turn'd away one Mills for being drunk once on his Duty, and never would be persuaded to take him again; and confirm'd what was said of his. Diligence in the frosty Weather.

Then Callihand was sworn, Mr. Ritt's Black,(having been christned) and he depos'd, That on the Night aforesaid, he went to the Press yard to Mr. Revel, and there he saw Mr. Anderton, and told them, his Master wanted to go to Bed; then he light up Mr. Anderton, and Mr. Foster open'd his Door, and ask'd Mr. Anderton to drink a Glass of Wine with him, who refus'd it then; but afterwards he saw them and his Master together. When the Guards were shut in, and Mr. Revel gone, he made all fast after him, and carried the Keys to his Mistress, and she bid him carry them to his Master; and coming down Stairs met Foster's Man, who told him he was a dry, upon which he bid him go with him into the Cellar and he would draw him some Beer, but the other refus'd it and stood on the Stairs; and while he was in the Kitchin looking for a Pot, his Master call'd him, but he could not get out; at last, his Master saw a Peg stock in, which he pull'd out, and the Door open'd which made him cry out, I am undone , Foster's gone; and then he bid him fetch the Key, and going to the Door found one in, it on the outside, and the Door double lock'd. Then he got out at Window, and found Foster's Night-Gown lying upon the Steps, which he threw into the Parlour and took out the false Key. After which he went to the Lodge and call'd Mr. Rewse. A Piece of List was found under the Latch. That all this was done and the Chain taken off without the least Noise, as he believ'd might be. That the Keys were always left in his Master's Chamber. That when his Master saw Foster's Gown in the Parlour he fell into a very great Passion with the Maid. And he believ'd him to be innocent.

Then Mr. Buckley was sworn, who depos'd, the Prisoner came to him and said he was ruin'd-Foster was gone, That he had taken care to have all Things fast and close just before, and had put his Keys into his own Bed-Chamber, divided from Mr. Foster's but by a thin Partition. That Foster complain'd he was tir'd of reading and was desirous to refresh himself with a Glass of Wine; and Mr. Anderton came up to him, And while they were drinking Mr. Foster pretended to go to the Necessary-house; but staying Some time he suspected him, and look'd for him; but not finding him; there, he went to the main Door, and found a List under the Latch; and then he shew'd him the true Key and a false one, and had him observe the true Key was daub'd a little with Clay, and said be suspected some body hod taken a Print off it to make another by. Then he told him the Guards were always put into the Press-Yard before that Time of Night. That he ask'd him, if he had sent to stop the Post, it being discover'd about 12 a Clock; who answer'd No; but shew'd an Advertisement, which he would have put into the News; but he told him the News would not come out till next Morning; and advis'd him to go back to his Prison to prevent the like Misfortune from any other. Then he ask'd what he should do, for he was afraid he should be examin'd upon Oath; which he believ'd he might refuse because he should be put to answer Questions that might be of ill Consequence to him; but not from any Sense of Guilt or Disrespect to any Person whatsoever.

That after this, he and Mr. Stanian were order'd to Newgate, to inspect Foster's Lodging, and the Prisoner's Chamber, and he ( Mr. Buckley ) seeing a Close-stool there, ask'd Mr. Rewse if that was always in the Room, who made this Answer, That where there was a Close-Prisoner there was always a Close-stool. That after this he was applied to for Relief for some of the Rebels who were in Irons, and was told that Brigadier Mackintosh's Leg was wore to the Bone; but finding that to be false, the sorbore troubling my Lord Townshend about it.

Mr. Stanian depos'd (being sworn) That my Lord Towshand sent for him, and told him, Foster had made, his Escape, and bid him go immediately to Newgate, and see after what Manner it was done; which he did accordingly; and Mr. Pitts inform'd him, that He, Mr. Foster, and Mr. Anderton were sitting in Mr. Foster's Room over a Flask of Wine, and when it was something above half gone, Mr. Foster went up (as be thought) to the necessary House, and his Heart misgave him and therefore he went up after him, but to his great Surprize found he was not there; and going down found the Fall of the Latch; deaden'd by a Plece of List, and a Peg in the Kitchin Door by which his Servant was confin'd who being afterwards releas'd and getting out of a Window, found his Night-Gown left upon the Steps. Then he shew'd him the Key, with the Mark of the Clay; upon which he ask'd him how any Body should come by that Key, he having it always in his Possession; to this he answered the Key was always in the Door in the Day-time. Then he the said Prisoner was sot referring him to Mr. Anderton, who, he said, told him afterwards, Mr. Foster went down Stair pretending to wash a Glass, in order to fill out some Brandy. Mr. Anderton also told him, they were both surprized at Mr. Foster's Escape, and profess'd he knew nothing of the Matter, he having said when he went down, it was to wash a Glass; and then he confirmed what Mr. Buckley had said before concerning the Close stool.

Then it was proved Mr. Foster had received a Copy of his Indictment, of his Pannel,&c. as the Law directs. And an Act for Attainting Thomas Foster , Esq and Brigadier Mackintosh, was read.

Then the Council for the Prisoner made their Defence, and said, Nothing had been produced to support the Indictment, which was founded upon an obsolete Statute made in Edward the Second's Reign, upon which no Prosecution had been before commenced. That therefore this being the first that has appeared and so weakly supported, having nothing but Presumptive Evidence, which (as they said) should always be of use to the Prisoner, especially where Life was concerned, and especially where there was so many Proofs of the Prisoner's Vigilance and Care as had appeared, and should be made appear in the Case of the Prisoner before them, they humbly hoped that the Jury would think themselves obliged to acquit him, they being upon Oath to judge of the Fact by their Evidence.

Then they called Prudence Symmonds , who (being sworn) depos'd she was the Prisoner's Maid-Servant, and her Mistress being just gone to Bed, and the Keys brought in, her Master came down in a terrible Surprize, and said he was undone, Mr. Foster was gone and he was very angry with her, and swore he would secure her, believing she was concerned in his Escape because he saw Foster's Night-Gown in the Parlour; but when his Black told him he threw the Gown in at the Window, he was satisfied with her. She also told the Court, her Master lay in the Room even with Mr. Foster's, their Beds lying Head to Head; but before he us'd to lie with his Wife in another Room. She confirmed the Circumstance of Mr. Foster's going often to the necessary House above Stairs.

Next Margaret Hawkins was called, who depos'd, her Master Mr. Pitts was a very careful, diligent Man; and confirmed the Evidence of the Black, and the Woman her Fellow-Servant.

Then Mr. Smith (Clerk of Newgate) was sworn, who gave an Account of some Circumstances, which made the Prisoners Diligence and Care appear very conspicuous, especially his attending in the hard Weather, almost to a Miracle, and beyond his own Capacity, always examining who came in and who went out. That when Mr. Mills was turn'd out, tho' he had been a Servant near 40 Years in the said Prison, he could never persuade the Prisoner to receive him again into his Service, so loathsome did he appear to him for being but once drunk upon his Duty. He also depos'd, that Brigadier Mackintosh was iron'd when he made his Escape, which was of no Service, the all bagest Fetters they have not holding out against some Instruments above an Hour and a half.(These Instruments were produc'd in Court and shew'd to the Jury for their Satisfaction And that it was imposible to prevent their being brought, to the Prisoners in Peoples Pockets or other Conveniencies which it would be too tedious to examine.

Then Mr. Fells (the former Keeper ) was sworn who depos'd, There were several Persons in his Time committed for High Treason and confin'd in the House and in the same Room as Foster was, as my Lord Glencarty, Sir John Friend , Sir William Perkins , and others. And that it was as strong and more convenient than any other in the Gbull And his Evidence was confirm'd by two others.

Then Mr. Mills was sworn and he depos'd, that he had been forty Years a Servant in the said Prison, and belonged to it in Major Richardson's Time, when my Lord Russel and Count Coning smark were confin'd there in the same Room, till the Time of their Death.

Then several Honourable and Worthy Persons appeared to the Prisoner's Reputation; as Sir William Stewart , Sir Richard Houte , Sir Samuel Garrard Sir William Humphreys . Sir Samuel Stanier , Sir William Stewart , Sir Randolph Knipe , Sir Francis Ferves and others, who all gave him the Character of a very careful, fair, honest Man.

The Prisoner's Black stood up again, and swore his Master sent him immediately to the Turnpike at Highgate, to examine all Passengers.

Then the Prisoner said he was perfectly innocent of the Charge in the Indictment. That he had not the least previous Apprehension of the Prisoner's Escape. That his Circumstances before this unfortunate Accident, were of themselves sufficient to place him above the reach of Bribes. That he had if in his Power to let them all escape, and to go along with them. That it was even his extraordinary Care that brought this Misfortune upon him. And that since he had but follow'd the Practice of former Goalers, it would be hard if he should fall the first Victim to the Consequences of a meer Accident, the rather because he had been often rewarded by the Government for his Care and Prudence in so doing.

Then the King's Council replied; and was indicted that Part of the Council's Plea on the other side, which said the Indictment on the Statute of Edward II . and put it on the Foot of the 25th of Edward III and said the Jury were to be Judges of Fact, and Presumption when strong, and when the Nature of the Case will admit of no other Evidence, is good in Civil Law, Common Law, and all the Law in the World. That Justice was to take Place in a Court of Judicature, Mercy belong'd to the Throne. That it was plain not with standing what had been said by the Council on the other side, that the Prisoner had at least been very negligent in his Duty in permitting the Chief Man of the Rebellion to escape, whose Imprisonment, they had reason to believe, might have done the Crown more Service than all the others together; especially at a Time when he had receiv'd Notice to prepare for his Trial. That it was strange that at such a Time there was not a particular Care to confine him to his Room; that his very Servant, without whole assistence he would not probably have made his Escape, and whose, Quality could be no Excuse, should not be iron'd. That he should go to drinking with the said Mr. Foster, particularly at so unseasonable a Juncture, when the Guards were all turn'd into the Press-yard, no body but himself and Black in a Condition to resist the very probable Attempts of three or four Prisoners for High Treason, especially when the Keys of the Doors, and of the whole Goal; were but in the next Room, and Prisoners of such Consequence, that no Quality or Consideration could excuse his Putting himself into their Power. That he should suffer the said Mr. Foster , knowing his Servant to be perfectly free from Irons , to go at such a Time out of the Room, at his own Discretion, without the least Observation or Regard. That such pretended Contrivances as a false Key, List under the Latch, a Peg-hole to the Kitchin Door, and other Conveniences, should be all ready at a Minute's Warning. That the Prisoner's Servants should be up in the House, and with himself all amus'd, and out of the Way just at that Juncture. That all this Liberty should be taken without Leave of the Secretary of State, having no Authority but Custom, having no Countenance in it but from the Goverment's Satisfaction in his Care and Integrity which he was to abuse at his Peril; and of which he appear'd to be very sensible: and that all this should be done without his being in the least acquainted with, or let into the Secret of it; especially a Man of his Care, his Vigilance, and his Integrity and Diligence, was wondrous strange! That it was not to be expected such a Case would admit of positive Evidence, there being none produc'd but those who were the Prisoner's Servants, and whose Places depended upon him; the most considerable of which were dismiss'd for that Night, before the Treason was committed, as Persons unqualified by their Integrity for such a Secret; but it was to be hoped there was sufficient Ground for the Indictment in a Case of this close Nature. when a Servant confess'd he might in that small Time he was employ'd in an inferior Trust have had 5000 l. for such Services. When it appeared plain the Prisoner did not use upon other Occasions to visit his Prisoners after they were lock'd up; when there was such a remarkable Neglect in not going to the Post Office to stop the Post, the most likely Method of recovering the Prisoner, till next Day at Noon; and when it appeared he was so loath to be examined upon Oath. These Considerations they left to the Jury, and when my Lord Chief Baron Bury had summ'd up the Evidence, which he did very fully, they went out, and being return'd Acquitted the Prisoner.

Friday, July 13,1716.

THis Day was intended for the Trial of Mr. Francis , the Jew, for High Treason, which gave him the Liberty of peremptory Challenges; by which Means having challeng'd 31, and several Persons who were upon the Pannel not appearing, there were but 10 Persons swore, whose Names follow; which occasion'd the Putting off his Trial till another Opportunity.

Sir Daniel Wray , Knt.

Richard Smith

Henry Hankey

John Farr

John Mayo

Robert Gill

Joseph Windmill

William Astill

John Jones

William Kent .

But Nathanael Spindler and Thomas Ward were added for the Trial of

The Trials being over, the Court proceeded to Judgement as follows.

Alexander Gordon , to be burnt in the Hand.

Charles Hornby , to be Whipp'd and 6 Months Imprisonment.

Isaac Dalton , fin'd 50 Marks,1 Year's Imprisonment, and to find Sureties for his Good Behaviour for 3.

George Flint , fin'd 20 Marks,1 Year's Imprisonment, and to find Sureties for 3.

Harry Cheap , find 40 Marks,1 Year's Imprisonment, and to find Sureties for 3.

Christopher Smith , fin'd 50 Marks,2 Years Imprisonment, and to find Sureties for 3.

James Daver , fin'd 20 Marks,6 Months Imprisonment, and to find Sureties for 12.

Mary Dalton , fin'd 30 Marks,1 Year's Imprisonment, and to find Sureties for another.

William Dale , to stand in the Pillory, fin'd 50 Marks,1 Year's Imprisonment, and to find Sureties for 3.

N.B. Skelson and Jacobs are to stand in the Pillory at Salisbury-Court End in Fleet-street; which Part of their Sentence was accidentally omitted in the last Sessions Paper.

ADVERTISEMENTS.

DAVID POVEY, removed from Hasson Garden near to Exeter-Exchange in the Strand, London, Operator for the Teeth, who had the Honour to clean her late Majesty's Teeth; he sells a pleasant Dentrifice, being the same that King Charles II constantly used: It makes the Teeth as white as Ivory, and preserves them from decaying, destroying the Scurvy. He hath a Cephalick which certainly cures the Tooth-Ach in a Minute's Time, beyond any Person in England. If the teeth are rotten, or uneven, and full of Holes or black Specks, he will make them smooth; even, sound, and white, so that no Person shall distinguish where the Defect has been. He sets in Artificial Teeth so easie, neat, and firm, that they need not be removed for seven Years; and they may eat with them as well as with their former, and cannot be distinguished from their natural ones. He sells a pleasant Water, that prevents any Rottenness from seizing the Teeth, takes all Pains and Imposthomes, Cankers or Swellings out of the Gums, and fastens loose Teeth, which several Persons of Quality and others know to be true. I have sold all that is printed here to most of the Kings, Queens, Princes, Nobility and Gentry in England, since King Charles II dy'd, and before.

For the Good of the Publick.

WHereas several Gentlewomen and others of that Sex, in this Kingdom, have contracted an evil Habit of Body, wherein the vicious Humours, at first dispers'd thro the Whole, come at length to be lodg'd in one Part or another, and many times, for Causes too long to be here 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. I cure the Diabetes when given over by all other Persons. This is to acquaint all such as may have occasion, that a speedy Relief is to be had from an Experienc'd Midwise, dwelling at the Sign of the Queen's Arms, a Gold Smith's Shop, near Exeter Exchange in the Strand, who perform'd a Cure upon a Lady at the Bath, after she was given over by the Physicians, and since has Cured several Gentlewomen and others in the City and Suburbs of London. I should not have put my self in Public Print, but to satisfy the Afflicted where they may have speedy Relief after they are given over by all other Persons.

LONDON

Printed for J. PHILLIPS; by M. Jenour against St. Sepulchres Back Gate in Gilt Spur Street near Newgate; and Sold by J. Roberts near the Oxford-Arms in Warwick Lane.1716.

Where Advertisements are taken in.(Price 2 d.)