Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 October 2014), February 1723 (17230227).

Old Bailey Proceedings, 27th February 1723.

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 Bailey.

On Wednesday, Thursday, Friday, and Saturday, being the 27th and 28th of February, and the 1st and 2d of March, in the Ninth Year of His MAJESTY's Reign,

BEFORE the Right Honourable Sir GERARD CONYERS , Knight, Lord Mayor of the City of London; Mr. Baron Gilbert , Mr. Justice Powis, and Mr. Justice Denton; John Raby , Esquire, Deputy-Recorder, and several of His Majesty's Justices of the Peace for the City of London and County of Middlesex.

The JURORS were as followeth.

The London Jury.

Ralph Stirrup ,

James Bull ,

William Green ,

Richard Hartland ,

Henry Brookhouse ,

John White ,

John Hodgson ,

John Belcher ,

Isaac Stanton ,

Valentine Grimstead ,

Thomas Bowles ,

John Pain .

The Middlesex Jury.

Abraham Harrison ,

Nathaniel Chandler ,

Thomas Philips ,

Benjamin Forster ,

Robert Chad ,

John Forth ,

John Martin ,

Richard Dowdswell ,

Thomas Barnet ,

John Philips ,

Matthew Thompson ,

John Allen .

The Proceedings were as followeth, viz.

William Anderson , of the Parish of St. Mildred Poultry , was indicted for privately stealing a Silk Handkerchief, value one Shilling, from the Person of Thomas Jewson , the 26th of January last. The Prosecutor depos'd, That as he was passing along the Street, about Seven a Clock in the Evening, the Prisoner passing by him, he perceived him to put his Hand into his Pocket: he missing his Handkerchief, laid hold of the Prisoner, upon which, he threw down about Ten or a Dozen Handkerchiefs, which a Woman came and catch'd up; and he laying hold of them, got four of them from her. The Prisoner deny'd the Fact, but the Evidence being plain, the Jury found him guilty to the Value of 10 d. Transportation .

John Robinson , of the Parish of St. Mildred Poultry , was indicted for privately stealing a Silk Handkerchief, value 2 s. 6 d. from the Person of Richard Shargol , the 17th of January last. The Prosecutor depos'd, That going along the Poultry , he missed his Handkerchief, and laying hold of the Prisoner, found his Handkerchief in his Pocket. The Prisoner deny'd the Fact, but it being plainly prov'd, the Jury found him guilty to the Value of 10 d. Transportation .

Rebecca Prince , of the Parish of St. Brides , was indicted for the Murder of her Male Bastard Infant, by throwing it into a Vault , the 18th of January . Elizabeth Yates depos'd, That the Prisoner having given her her Linnen to wash, she perceiv'd some Tokens on them, that made her suspect the Prisoner had had a Child, whereupon she went and acquainted her Mistress. Elizabeth Domville depos'd, That she, upon the Information of the former Evidence, sent for a Midwife, that upon being examin'd, she confess'd she had had a Child, and had put it in the Vault. The Midwife depos'd, That she saw the Child after it was taken out of the Vault, but perceiv'd no Marks of Violence upon it, that she readily confest her having a Child, said that she was very ill in the Night, in a Fit, and the Child came from her the mean Time, and when she found it was dead, that she kept it three Days in the Bed, and design'd to have carried it and left it in some Church-Yard, and did bring it down on the Sunday, but the Family coming home, she was prevented, and then threw it down the Vault. The Midwife likewise depos'd, That she had spoke to her to lay her four Months before, and had spoken to her again, about two Months before, and also about ten Days before; and that she did believe the Child was still born, because what should have come away with it, came not away till the Night after. That she was a sickly, weakly Creature, and she had made some Provision for the Prisoner's Child, when born, by her Desire. The Prisoner, in her Defence, pleaded to the same Purpose, that the Midwife had depos'd, adding, That she had a Fall the Night before, which she thought occasion'd her hasty Delivery. The Jury, upon a full hearing of the Matter, acquitted her.

Rebecca Levy , of the Parish of St. Katherine Creed-Church , was indicted for feloniously stealing six Handkerchiefs, value 6 s. a Silver Spoon and Fork, value 10 s. and divers other Goods, value 38 Shillings , the Goods of Rebecca Henriques , the 25th of January last. Moses Henriques depos'd, That the Prisoner used to come to the House to see his Servant, who, she said, was her Cousin; that his Mother found her Desk opened and several Things taken away; that afterwards the Prisoner was apprehended selling a Silver Spoon and Fork, which were his Mother's, and that the Mark was scratched out, which she said, was to prevent Disgrace. The Prisoner pleaded, That she had them from the House Maid, to sell for her, but knew not that they were stole. Upon a full hearing of the Matter, she was acquitted .

Anne Craydon , of the Parish of St. George Buttolph Lane , was indicted for breaking the Dwelling-house of Robert Tatam , in the Day Time, and stealing 12 Guineas, and 3 Shillings , the 28th of January last. The Prosecutor depos'd, The Prisoner's Mother lodg'd in the House, and that the Prisoner coming out of Service, lay with her Mother; that sending his Maid up Stairs, she came down, told him his Chamber Door was open, and that, upon examining his Drawers, he missed the Money in the Indictment; that upon his making some Stir about it, the Prisoner took a Coach, and went to Westminster. The Maid Servant depos'd the same, adding, That she saw the Prisoner at that Time in her Mother's Room under a seeming Surprize at her coming up, and that there was no other Lodger in the House, at that Time, but the Prisoner. Another Evidence deposed, She saw the Prisoner lay out 11 Guineas and a Half, in Cloths a Day or two after. Mrs. Tatam depos'd, that being ill one Day, she lay longer a Bed than ordinary, the Prisoner open'd the Door, and was coming in, but she asking her what she wanted, she went away again, and said nothing, and telling her Husband of it, she found the Door was lock'd, at that Time, and her Husband had the Key in his Pocket. The Prisoner deny'd the Fact, and the Evidence not coming up to a clear Proof, the Jury acquitted her.

Henry Owen , of the Parish of St. Mary Cole-Church , was indicted for privately stealing a Silver Spoon, value 8 s. in the Dwelling-house of Joseph Pickard , the 6th of February last. The Prosecutor deposed, The Prisoner having been at his House drinking; when he was gone the Spoon was missing, which he found at Mr. Port's, a Goldsmith. Mr. Port depos'd, That the Prisoner brought the Spoon to sell, broken in three Pieces, that he stopp'd it, and advertis'd it, and it was own'd by the Prosecutor. The Prisoner pretended he found the Spoon, at the End of Woodstreet. The Jury found him guilty of the Indictment. Transportation .

James Price , of the Parish of St. Sepulchre , was indicted for feloniously stealing a Bay Gelding, value 30 s. the Property of John Godfrey . The Prosecutor depos'd, That he ask'd the Prisoner to ride the Horse home to his, the Prosecutor's House, and that, without his Leave, or Knowledge, he sold him to Mr. Bennet, at Edmunton . But he having entrusted him with the Horse, the Jury acquited him.

Jane Abrams , of the Parish of St. Katherine Creed-Church , was indicted for feloniously stealing an Emerald Ring, value 3 l. a Gold Chain, and other Goods, in the Dwelling House of Rebecca Henriques . But there not being Evidence sufficient, the Jury acquitted her.

Elizabeth, alias Mary Steward , of the Parish of St. Margaret Westminster , was indicted for privately stealing a Velvet furbelow'd Scarf, value 4 l. 10 s. and four Tea Spoons, value 10 s. in the Dwelling-house of Edward Wright Esq ; the 23d of this Instant February . Joseph Tunny depos'd, That being cleaning Knives, he saw the Prisoner go out of the House, that he suspecting her, follow'd her, brought her back, and she had the Scarf under her Riding-Hood, which she laid down where she had it, and afterwards threw the Spoons on the Tea Table, where she took them, and fell down on her Knees, desiring him to let her go. The Prisoner deny'd the Fact, and called some to her Reputation, who gave her a good Character. The Evidence being positive, the Jury found her guilty of the Indictment.

[Transportation. See summary.]

Margaret Bowes , of the Parish of St. Giles in the Fields , was indicted for feloniously stealing a Diamond Ring, value 30 s. two Silver Spoons, and other Goods, value 4 l. The Property of Thomas Holloway , the 15th of February . The Prosecutor depos'd, The Prisoner was his Servant , and having stolen the Goods, went away from him, and he took her at Gravesend, and some of the Goods upon her: Another Evidence depos'd, That she bought the Ring of her. The Prisoner having nothing to say in her Defence, the Jury found her guilty to the value of 39 s. Transportation .

William Summerfield , of the Parish of St. Mary at Bow , was indicted for assaulting Thomas George on the Highway, and taking from him his Cloth Coat, Shirt, a Gold Ring, and other Things , the 28th of January last. The Prosecutor depos'd, That as he was coming from Bow to London, and near Bow Church, the Prisoner ask'd him if he was going to London, he said yes, and he said he would bear him Company, and that as they were going along, he Knock'd him down, and afterwards took him by the Handkerchief about his Neck, and drag'd him out of the Path, pull'd out a Pistol, and threaten'd, that if he made any Noise, he would shoot him through the Head; that he took off his Coat, and Shirt, and a Shilling, his Knife, and other Things, that he cut his Wrist with his Knife, to get off his Shirt; that he had with him a brindle Dog, with a white Breast, which he bid look out, and told him that the Dog would sieze the first Man he met, and hold him while he came to him. Mr. Robinson depos'd, That he and his Servant were going to Bow, upon the Day laid in the Indictment, and between Mile End and Bow, met the Prosecutor, that he carried him back to the three Cups in Bow, where, by his Description, the Prisoner was afterwards apprehended; that the Prosecutor's Wrist was cut, and that he had another Cut under his right Eye: This was confirmed by his Servant. Mr. Crane, the Constable depos'd, that the Prosecutor describ'd the Prisoner, and Dog exactly. Mr. Remnant confirm'd what Mr. Crane had depos'd, and said also, That the Prisoner was a loose Fellow. The Prisoner deny'd the Fact, but it being fully prov'd, the Jury found him guilty of the Indictment. Death .

Amy Scriven , Mary Wall , alias Kerby , and George Bennet , were indicted for breaking the House of James Holt , in the Day Time, and stealing 15 Guineas, and 6 l. 10 s. in Money, two Gowns, two Salts, four Silver Spoons, and divers other Goods, to a considerable Value ; the Property of James Holt, the 27th of January last. The Prosecutor depos'd, That while he and his Wife were at Church, a Couple of Panes of Glass were broken, his Room enter'd, his Drawers opened, and his Goods stolen; that Amy Scriven going away on the Tuesday, he suspected her, and getting a Warrant, apprehended her with 9 Guineas, and Goods to the Value of 25 l. upon her. Isabella Hobbs depos'd, That the Prisoner brought the Goods to her House, and that the Prosecutor claim'd them there, this was also confirm'd by another Evidence. Amy Scriven own'd the Fact. The Jury found her guilty of the Felony, to the Value of 39 s. but acquitted her of the Burglary ; but there not being Evidence sufficient, against George Bennet, and Mary Wall, they were acquitted .

[Transportation. See summary.]

William Broughton , of St. Andrew's Holborn , was indicted for assaulting Hester Stream , and taking from her a Riding-hood, value 30 s. and a Handkerchief, value 6 d. the 24th of February . The Prisoner depos'd, that she was going along Cross Street , with her Riding-hood under her Arm; that a Person came behind her, and snatch'd it from her, and she crying out, the Prisoner ran away, and he was pursued and taken; another Evidence depos'd, That upon the Woman's Out-cry, he pursued him, that he was thrown down by a Dog; that he came up to him, and siez'd him, and found the Riding-hood lying on the Ground by him; another Evidence confirm'd the Riding-hood's being taken up hard by the Prisoner. The Prisoner deny'd the Fact, said he was in Liquor, and a Man ran by him, he was thrown down, and charged with the Riding-hood. The Jury found him guilty of the Felony, but acquitted him of the Robbery .

[Transportation. See summary.]

Frances Allen , alias Totty , of the Parish of St. Dunstan in the West , Spinster , was indicted for feloniously stealing Curtains, a Rug, Blankets, Sheets, Looking-glass, and other Things, value 4 l. the 29th of December last. The Prosecutor depos'd, That the Prisoner took a Lodging of him for 20 d. a Week, and the next Morning, about 8 a Clock came down, and bid them good Morrow, and went out, and his Wife going into the Room, saw the Things were taken away. Mrs. Bigs depos'd, That asking her for the Key, to straiten a Curtain Rod, she went up immediately, and found that the Goods were all taken away. Other Evidences depos'd to the same Purpose. The Prisoner deny'd the Fact, said she had a Sister very much like her, and they took her for her Sister, who had been an unfortunate Woman, and had been transported; and said that it was hard, that if her Sister did ill Things in her Name, that she should suffer for it.

The Prisoner was indicted a second Time, by the Name of Frances Allen , alias Thompson , for feloniously stealing a Pair of Blankets, value 15 s. and other Goods , the 2d of January last. The Prosecutor depos'd, The Prisoner, with another Person, whom she call'd Sister, came and took a Lodging of him, and went away the same Night about an Hour after they had taken Possession of the Lodgings, under Presence of fetching their Things, and came no more; and, that he afterwards broke open the Door, and found the Things were taken away. The Prisoner deny'd the Fact, saying, It was her Sister. But all the Evidences being positive that she was one of the Persons that took the Lodgings, and went both away together. The Jury found her guilty of both Indictments. Transportation .

She was likewise indicted a third Time by the Name of Mary Allen , alias Cole , of St. Andrew Holborn , for feloniously stealing one Pair of China Curtains, Vallants, Sheets, Looking Glass, Blankets, a Candlestick, and other Goods, value 6 l. 10 s. in the Dwelling House of William Spelman , the 31st of November last. Mrs. Spelman depos'd, That the Prisoner with another Woman, whom she call'd Sister, came and took a Lodging in her House, under a pretence of being Country Gentlewomen, with Country Dirt on their Riding-Hoods. She desiring a Character, they told her she should have a Character the next Morning from the Carrier. And having lain there but one Night went away the next Morning, and her Goods were taken away out of her Room, but she saw her no more till she saw her in Newgate. The Prisoner having nothing material to offer in her Defence, but a bare Denial of the Fact, the Jury found her guilty of the Indictment. Transportation .

Frances Allen, alias Thompson, was again indicted, the fourth Time, for the like Fact, in stealing the Goods of Henry Thompson , the 3d of January last. The Fact being plainly prov'd, the Jury found her guilty to the Value of 39 s. Transportation .

Joseph Allen , and Frances Allen , the Wife of Joseph Allen, of the Parish of St. Dunstan in the West , were indicted for feloniously stealing a Quilt, Counterpane, Sheets, Curtains, Etc. value 3 l. the Property of William Paul , the 30th of December last. It appear'd by the Evidence, That the Prisoners took the Lodging on Saturday Night, but lay not there on Sunday Night, and on Monday Morning the Goods were taken away. Mr. Paul depos'd, That Joseph Allen, after his Apprehension, being in the Compter, told him, That the Goods were sold to Mr. Knolles, at Horsly-Down. The Prisoners deny'd the Fact; but Frances Allen being suppos'd to act under the Direction of her Husband, she was acquitted , and he found guilty . Transportation .

Frances Allen, was indicted again with Joseph Allen, her Husband, for a like Fact, in stealing the Goods of Paul Hyron , the 11th of January last. The Fact being plainly prov'd, the Jury found Joseph Allen guilty to the Value of 39 s. Transportation . But acquitted Frances Allen.

Joseph Allen , alias Biggs , of the Parish of St. Clement Danes , was indicted for privately stealing four China Curtains, value 3 l. and other Goods, value 3 l. in the Dwelling House of Thomas Rudkins , the 18th of February . The Prosecutor's Wife depos'd, that the Prisoner, with another, took Lodgings of her the 8th of January, pretending to be Sons of a Country Malster that came to London about an Estate of 60 l. per Annum. The next Morning they went away, and the Prisoner look'd something bulky. Upon missing the Goods she apply'd her self to Jonathan Wild , and he procur'd him to be apprehended. Another Evidence depos'd, The prisoner own'd he had sold the Goods for 42 s. to one John Knolls , at Horsly Down. Jonathan Wild depos'd, He was employ'd to take the Prisoner. He sent the Prosecutor to him in the Compter, and she said the Prisoner was the Man that had robb'd her. The Prisoner, however, deny'd the Fact, or his ever having made any Acknowledgment. The Jury found him guilty to the Value of 4 s. and 10 d. Transportation .

He was indicted a third Time for privately stealing two pair of Curtains, value 5 s. and other Goods, in the Dwelling House of Ann Blackham , the 3d of January last. The Prosecutor depos'd, That the Prisoner came to lodge at her House the 3d of January, and the next Morning they went out and appear'd very bulky; and not coming home that Night, the next Morning she looking thro' the Key-hole, and missing the Curtains, she broke open the Door, and found the Things to be missing. The Prisoner deny'd the Fact, and said, That there was a Person like him that does such Crimes, whose Sister he had the Misfortune to marry, and so he was taken for that Person. But the Fact being plainly prov'd, the Jury found him guilty to the Value of 4 s. and 10 d. Transportation .

Mary Merryday , of the Parish of St. Andrew Holborn , was indicted for feloniously stealing two Suits of lac'd Head-Cloths, value 30 s. and other Goods, the Property of Grace Dorney . And a pair of Stays, and other Goods, the Property of Ann Meredith , in the House of Grace Dorney , the 14th of this Instant February . Grace Dorney depos'd, That the Prisoner was her Servant , and the Goods were taken out of her Drawer, and they were taken upon the Prisoner when she was carried before the Justice. The Constable depos'd, That she had the Stays, and some other Goods, upon her. The Prisoner deny'd the Fact, said the Goods were her own, and that her Mistress and she had some Words, being of different Religions, and she had a mind to go out; but her Mistress not giving her leave to go, she went without leave, and not coming home, she charg'd her with stealing the Goods, tho' they were her own. But the Prosecutors swore positively that the Goods were not hers but theirs. Upon this the Jury found her guilty to the Value of 10 d. Transportation .

Mary Paul , of the Parish of St. Mary le Bone , was indicted for feloniously stealing two Shirts, value 10 s. and other Goods, to the Value of 50 s. the 18th of this Instant February , the Property of Mary Duncomb , in the House of Thomas Owen . It appear'd by the Evidence, That the Prisoner was Servant in Mr. Owen's House, and that Mrs. Duncomb being a Lodger, the Goods were taken away, and found upon the Prisoner. She having nothing to say in her Defence, the Jury found her guilty to the Value of 10 d.

[Transportation. See summary.]

Isaak Baker , alias Drew , of the Parish of St. James, Westminster , was indicted, together with Edward Lewis, alias Robins , since deceas'd, for breaking the House of William Ryman , in the Night Time, and stealing Eighteen Holland Smocks, value 5 l. and divers other Goods to a considerable Value , the 30th of January last. The Servant Maid depos'd, The Doors and Windows were made fast when the Family went to Bed, and the next Morning, when she was call'd up about six a Clock, the Street Door was unlock'd, unbolted, and unbarr'd, and a piece was cut out of the Shutter of a Window, and the Casement open'd. Henry Inon being taken, and carry'd into the Round House, before Colonel Carpenter, tax'd the Prisoner, and Lewis, deceas'd, as being Accomplices with him in breaking the House. Henry Inon being call'd for an Evidence, and being examin'd as to the Nature of an Oath, he was order'd by he Court to be indicted upon his own Confession. But their being no Evidence against Isaak Baker, he was acquitted .

Mary Bisset , was indicted for privately stealing a Gown, value 15 s. and other Goods, in the Dwelling House of William Godfrey , the 8th of February . The Evidence depos'd, That the Goods were taken away; and, that the Prisoner did own, that she had pawn'd the Gown for 9 s. but she deny'd it at the Bar. The Jury found her guilty to the Value of 10 d. Transportation .

Pleasant Bateman , of the Parish of Uxbridge , was indicted for the Murder of her Male Instant Bastard Child, by suffocating it in a Close-stool-pan the 23d of January last. She was indicted a second Time upon the Coroner's Inquest for the same Fact. Mrs. Grey depos'd, That as she was sitting by the Fire, the Prisoner was complaining of what great Pain she had gone through, upon which she answer'd her, that she had a great deal more to go through. To which she reply'd, That as she was sitting upon the Close-stool something stopp'd from her, that thereupon she went and found the Child in the Close-stool-pan, and the Pan was pretty full of Urine, &c. She did believe the Child might be born alive; and, that the Head of it being under what was in the Pan was sufficient to suffocate it. Mrs. Glede depos'd, That she went up with Mrs. Grey, and did see the Child in the Close-stool-pan. She believes it was at its full Time; it was a fine Child, the Hands were shut when its was taken out, and there appear'd no Marks of Violence. The Child's Head lay downwards, and there was Water sufficient to strangle it. Another Evidence depos'd, She took it out of the Pan, it was at its full Growth, but she did believe it might be Still-Born. These Evidences depos'd, That they perceiving her bigger than ordinary, and often taking Physick, they us'd to tell her, they believ'd she was with Child. That she did not own it, but said, that she wore a thick Coat. The Midwife depos'd, That she being sent for, was present at the taking the Child out of the Pan, and she laid it out, and she did believe it was born alive. That there was a great deal of Soil, and enough to suffocate the Child; and it had lain there, she supposes, an Hour, and believ'd she might have taken it out. That the second Birth was with it, and she separated it from it. The Prisoner pleaded, That she was ill, and was in a Fit when she was deliver'd, and had not her Senses; and, that she had made Provision for the Child; and call'd one of the Evidences for the King to prove it; who did depose, That she had five or six Months before, seen several Things proper for a Child. That she had several Fits but a few Days before, and she was not able to help her self in an Hour's Time after. The Jury having heard the whole Matter, acquitted her.

Griffith Williams , of the Parish of St. Giles in the Fields , Gentleman , was indicted for the Murder of Charles Haynes , the 25th of January last, by giving him one mortal Wound with a Sword, on the right Side of his Body under the right Pap, the Breadth of a Quarter of an Inch, and the Depth of five Inches, the 25th of January last, of which he instantly died . He was indicted a second Time upon the Coroner's Inquest. John Lewis depos'd, That he being drinking at the Sign of the Blew Boar's Head in Exeter Street, the Prisoner and Deceas'd were there, and that some Words arose betwixt them about a Man, and some Names were call'd by them, and the Lie given; and the Prisoner said to the Deceased, You are not worth a Man's Anger. The Deceased reply'd, He was his Man at any Thing, let him Name Time and Place. Upon which the Prisoner answered, No Time like the present. And soon after they went out. William Hatch depos'd, That he was crossing the Fields from St. Gile's to Clerkewell, and saw two Soldiers walking before him. That in the first Field beyond the Lay-Stall, near Tottenham Court , they both stripp'd, and drew their Swords; the deceased drawing first. That then he follow'd, and coming pretty high them, He bid them consider what they were about. That they made several Passes at each other, and then they went to half Swords, and cut at one another, and there were some Wounds given. Then they retreated, but afterwards went to pushing again, and he perceiv'd some Blood upon the Deceased's Shirt, and the Prisoner said to the Deceased, Charles leave off, I believe you have enough. That they push'd again, and the Deceased receiv'd the Wound, of which, he suppos'd, he dy'd. That then he dropp'd the Point of his Sword. They both shook Hands, and went to their Cloths, which were about twelve Yards off. That the deceased's Knees then began to fail him, and he fell, and the Prisoner came and rais'd him up, saying, He believed he was only sick; but he dy'd on the Spot. That then he laid hold of the Prisoner, who made no Resistance, and beckoning to some Bricklayers, who were at work in sight, they came to him. The Prisoner, in his Defence, pleaded, That being a drinking with the Deceas'd in the Ale-house, he call'd him Scoundrel and Blockhead, and told him, He would strip off his Skin alive. That he desir'd him to be quiet. That then he went out, and the Deceased followed him. He call'd an Evidence, who is their Serjeant, who depos'd, That he, the Prisoner, and the Deceased, were at the Blew Boar's Head, and the Serjeant said to the Prisoner, How could you say, that you spent 8 d. to beg such a Man out of the Savoy? That the Prisoner reply'd, He said no such Thing. That then the Serjeant reply'd, There's the Man that says it, meaning the Deceased. That upon this some Words arose between the Prisoner and the Deceased, and they both went out, but he did not apprehend that they went out to sight. The Prisoner call'd several to his Reputation, who gave him the Character of a quiet, peaceable Person, and among the rest, his Captain gave him a very good Character. The Jury acquitted him of the Murder, but found him guilty of Manslaughter .

[Branding. See summary.]

Mary Collier , of the Parish of St. James Clerkewell , was indicted for stealing a Broad Piece of Gold, value 23 s. 2 Guinea, and 5 s. in Money, in the Dwelling House of Edward Abbot , the 20th of January last. It appear'd by the Evidence, That she was Servant to the Prosecutor, and that the Money was taken out of a Trunk. But the Evidence against the Prisoner not amounting to a clear Proof of her committing the Fact, the Jury acquitted her.

William Burk , of St. Dunstans Stepney , was indicted for assaulting William Fitzer , near the High-Way, and taking from him a Jacket, value 20 s. 2 Tobacco Box, Knife and Fork, and other Things , the 11th of February last. The Prosecutor depos'd, that he had been at Mile End, and stopp'd at Stepney to drink a Pint of Drink, and about seven or eight a Clock at Night, was met by the Prisoner, in the first Field, near the back Lane, with a great hedging Bill in his Hand, with which he cut him in the Head, telling him he was the Man he wanted; he told him he must have his Jacket, and stood over him with his Bill while he pull'd it off, that then he bid him be gone, and not speak a Word, for he had five Accomplices in the Fields, and if he made any Stir, he would be a dead Man. That he went away, and hearing of the Prisoner's Apprehension, went, and the Constable had taken his Knife and Fork out of the Prisoner's Pocket, which was produc'd in Court, and sworn to by the Prosecutor. Robert Andrews depos'd, that he and his Father, John Andrews , were going home, the 13th Day of February, he having been at Work, at Mr. Langerwood's, the Rope Maker, and going home, between seven or eight a Clock, in the second Field, next the back Lane, near the half Way-house, the Prisoner with his Bill came up to them, swearing, damn'd them, and bid them stand, and with the Bill, chopt his Father down; he thinking his Father to be murder'd, made at the Prisoner, and catching up his Father's Stick, attack'd the Prisoner, and he cut several Times at him, gave him a Wound in the Arm, but he clos'd in with him, got him up against a Bank, and over powering him, took the Hedging Bill from him; his Father getting up to his Assistance, and another young Man coming by, they carried him to the Constable; John Andrews, the Father confirm'd what his Son had depos'd, and shew'd the Wound in his Head. Jeremiah Parkins depos'd, That he was the Person that assisted the former Evidences, in apprehending the Prisoner; adding, He saw the Constable take a Knife and Fork out of the Prisoner's Pocket, which was sworn to be his by William Fitzer, whom he had rob'd on the 11th Day. The Jury found him guilty of the Indictment. Death .

He was also indicted a second Time for assaulting James Westwood , near the High-Way, and taking from him a Coat, value 8 s. a Rule, value one Shilling, and 10 s. in Money , the 9th of February . The Prosecutor depos'd, that going home from Work about seven a Clock on Saturday Night he was met by the Prisoner, with the Bill in his Hand, that the Prisoner caught hold of him by the Collar, and holding his Bill over his Head, put his Hand out of his Pocket, and took out his Money, ask'd him if that was all; he told him it was all, that then he bid him take off his Frock, that he holding the Bill over his Head, hastened him, so that he thought he would have cut him down, before he could get it off; that he told him it was hard to take his Frock, he was a poor Man, the Prisoner told him he knew him, bid him go away, and not dare so much as to look after him; if he made any Stir, he had five Accomplices in the Field, and he would be a dead Man. That going to him in Newgate, he desir'd him to let him have his Frock again, he told him, if he would come again another Day, he did not know what he might do. The Jury found him guilty of this Indictment likewise. Death .

John Map , of the Parish of St. James Clerkenwell , was indicted for feloniously stealing a Holland Shirt, value 10 s. the Property of Richard Van Blake ; and three other Shirts, value 3 l. the Property of Robert Cary ; and also three Shirts, value 3 l. the Property of Henry Seephens , in the Dwelling House of Thomas Price , the 16th of January last. Thomas Price depos'd, The Prisoner did confess to him, after his Apprehension, That he came in at the Top of the House, and stole the Shirts; and he depos'd likewise, That when he was apprehended, and carried before Sir John Fryer , one of the Shirts was found upon the Prisoner's Back. The Prisoner in his Defence, pleaded, That going along Clerkenwell, he went to ease himself, and found the Shirts in a Bag. The Jury found him guilty to the Value of 39 s. Transportation .

John Smith , of the Parish of St. Martins in the Fields , was indicted for privately stealing Head-cloths, and other Linnen, value 16 s. in the Dwelling-house of Richard Morris , the 16th of January last, The Prosecutor depos'd, That the Prisoner and another Man came his Shop, and had a penneyworth of Aniseed Water, and his Friend gave him a Crown Piece to change and while his Back was turn'd, the Prisoner was missing, and the Things were lost out of the Kitchen. But there not being Evidence sufficient to convict the Prisoner, the Jury acquitted him.

He was indicted a second Time for a Misdemeanor, in cheating Sampson Cook of a Shilling . Mary Cook depos'd, That the Prisoner, with another, came to drink a Dram, and gave her a five Shilling Piece to change, and she having given the other Person 4 s. 6 s. out of his Crown, he wanted a half Crown, and she not having an half Crown, he swept some Money into the Drawer, and bid her give him his Crown Piece again, and he would give her three half Pence, but upon counting her Money, she found he had not put in all, for she miss'd 2 s. he give her a Shilling for a Shilling she miss'd at first. The Evidence not sufficiently affecting the Prisoner, he was acquitted .

Roger Stephens , of St. Martins in the Field , was indicted for stealing two Coach Glasses, value 40 s. the Property of Mary Drelincourt , the 18th of October last. The Evidence depos'd, That the Glasses were stolen, and taken upon the Prisoner. The Prisoner pleaded the Glasses were given him by Thomas Pierce , the Lady Philippa Walton 's Coachman, to sell. The Coachman deny'd it upon Oath, and he having been found in several Stories, the Jury found him guilty to the Value of 39 s. Transportation .

John Mills , and William Gibson , of the Parish of St. Andrews Holborn , were indicted for breaking the House of Williams Thomas , in the the Night Time, the 24th of January last, and stealing 24 Pair of Shoes, value 40 s. the 24th of January last. The Prosecutor depos'd, That about eight a Clock the Key was taken out of the Pin of his Window, the Shutter was taken down, and his Shoes taken, two Pair of the Prosecutor's Shoes were found in the Lodging of Mill's Mother, and Mills own'd that he had given one Pair to Gibson, which Gibson sold to Edward Predom , and were own'd by the Prosecutor. Mills pleaded he found three Pair of old Shoes, and a Pair of Slippers, upon a Bulk. Mills call'd several to his Reputation, which gave him a good Character, the Jury acquitted them.

Sarah, Wife of Thomas Darvel , of the Parish of St. Dunstan Stepney , was indicted for feloniously stealing a Sheet a Bolster and Cap, value 7 s. the Goods of John Arundel , the 15th of February last. The Prosecutor's Wife depos'd She hir'd her to fill Quills, for 3 s. per Week, she gave her her Lodging, and she went away, and carried the Sheet, Bolster, and Cap. The Prisoner pleaded her Mistress gave her the Cap. The Jury acquitted her.

Richard Evans , and Edward Lewis , of the Parish of St. Catherine Creed Church , were indicted for feloniously stealing 50 l. of Sugar, value 50 s. the Property of Sir John Fellows , Richard Holditch and Thomas Eannerson , the 12th of February last. The Evidence depos'd, That the Prisoners being carrying Sugar Loaves, at two a Clock in the Morning, the Watch apprehended them upon Suspicion, and examining them how they came by them, they said, They bought them in Goodmans Fields, and that the Celler of the Prosecutors before mentioned had been broken open that Night, and several Sugar Loaves were taken away, and that the Sugar was mark'd with the Mark of the Prosecutors. The Prisoners pleaded, They bought the Sugar of a Man in the Street, but could not produce that Man, nor prove their buying them. The Jury found them both guilty of the Indictment. Transportation .

Mary Keatly , of the Parish of St.Bernard Pauls Wharf , was indicted for feloniously stealing a Silver Tankard, value 7 l. a House-man's Coat, value 5 s. and other Goods in the Dwelling house of Richard How , the 27th of January last. Her Confession of the Fact before Sir John Fryer was read in Court, but however, she deny'd it at the Bar; saying, They were given her by a Man to pawn, but not being able to prove it, the Jury found her guilty to the Value of 39 s. Transportation .

Stephen Davenport , of St. Bernard Pauls Wharf , was indicted for feloniously stealing 34 Boards value 4 l. the Goods of Tobias Priest , the 25th of February . One Evidence depos'd That he bought Boards of the Prisoner, some of which were own'd to be his by the Prosecutor: Two other Evidences swore, the one to one, and the other to two of them that they were Mr. Priests. The Prisoner pleaded, He bought the boards of a Stranger, under the Temple Gate, and had paid him for them, and he had given him a Receipt, in the Name of Priest; which Receipt was in the Hands of one Plat, at Putney, whom he had sent for, but was not yet come. The Jury found him guilty to the Value of 10 d. To be Whipt .

Martha Howard , alias Ford , of the Parish of St. Sepulchre , was indicted for privately stealing 6 Shifts, value 6 s. a Moidone, and half Guinea, in the Dwelling-house of William Knight , the 3d of this Instant February . Winifred Knight depos'd, She found in a Shift of hers, under her Petticoat, a Moidore, and a false Key to her Husband's Drawers, where the Mony was, the Moidore had a Mark, and she swore to it. Another Evidence depos'd, She own'd she bought the Key in Forestreet, and that she made Use of it to open the Drawers. The Prisoner pleaded, She found the Key and the Moidore, ty'd up in a Rag; and as for the Shift, it was given her by her Mistress. The Jury found her guilty to the Value of 39 s. Transportation .

Phillip Large , of the Parish of St. Paul Covent-Gardens , was indicted for privately stealing a Silk Handkerchief, value 2 s. 6 d. from the Person of Thomas Rone , Gentleman , the 7th of this Instant February . The Prosecutor depos'd, coming from the Play-house, going into a Coach, he lost his Handkerchief. Another Gentleman depos'd he had many Times seen him picking Pockets about the Playhouse, that he saw him take the Prosecutor's Handkerchief and pursued him, but in the Crowd he got away, but in a few Minutes came again, and he seiz'd him; he threw away one Handkerchief, and had three more, when carried before the Justice. The Prisoner deny'd the Fact, but the Jury found him guilty to the value of 10 d. Transportation .

James Steward , of St. Olave Hart-Street , was indicted for feloniously stealing a Pair of Breeches, value 15 s. and other Goods, in the Dwelling-house of Nicholas French , the 12th of November last . The Prosecutor depos'd, The Prisoner lodg'd in his House, that he went away, and the Breeches were missing. Mr. Turmer depos'd, That he being a Messenger, was ordered to take the Prisoner up, and he saw the Breches in his Lodging, hid in a Private Place, and he had seen him wear them. The Prisoner pleaded, The Prosecutor lent him these Breeches, but he deny'd it. The Jury found him guilty to the Value of 10 d. Transportation .

He was indicted a second Time, by the Name of James Steward , alias Richard Henley , of the Parish of Black Fryers , for feloniously stealing a Peruke, value 20 s. the Property of Edward Wood , in the Shop of Mr. Elmhurst , the 13th of June last. It appear'd by the Evidence, that the Prisoner was recommended to the Prosecutor as a Customer, he being a Barber , That the Prisoner came to the Prosecutor's Shop, and he not being at home, borrow'd a Wig, to go before the Commissioners of the Customs, and while the Barber's Wife went out to get the Wig ty'd up for him, another Wig was missing, and no Body had been in the Shop, but him and his Friend. The Prisoner own'd the borrowing of the Wig, but as to the Wig, which was stolen, he deny'd he knew any Thing of it. The Jury not thinking the Evidence sufficient to charge the Prisoners as to this, acquitted him.

Hannah Cox , of the Parish of Stanes , was indicted for feloniously stealing two Flitches of Bacon, two Blankets, a Petticoat, and other Things ; the Goods of Richard Turner , the 10th of February . The Evidence not coming up to a Proof of the Prisoner's stealing the Goods, she was acquitted .

Richard Wills , of the Parish of St. Andrew Holborn , was indicted for stealing a Gown, value 5 s. the 23d of Jaunary last. The Prisoner confest the Fact, upon his being apprehended. He pleaded that he being drinking in the House, and being drunk, put on the Gown out of a Frolick, and went home in it. The Jury found him guilty to the Value of 10 d. To be Whipt .

John Harris , and Richard Rutt , of the Parish of Covent Garden , were indicted for assaulting Thomas Tailor on the High Way, and taking from him a Hat, value 9 d. and a Peruke, value 9 d. the 17th of January last. The Prosecutor depos'd, That going along Drury Lane , about eleven a Clock at Night, he was thrown down, and his Hat and Wig was lost, he was pretty much in Liquor. The Prisoners deny'd the Fact; Rutt called some to his Reputation. The Jury acquitted them.

Anthony Dubart , of the Parish of St. Martin in the Fields , was indicted for stealing six Handkerchiefs, and some Linnen, the Property of Samuel Shepherd , Esq ; in the House of Magdalen Dessessey , the 14th of January last. The Matter being plainly proved, the Jury found him guilty to the Value of 4 s. and 10 d. Transportation .

Martha Thomas , of the Parish of St. James, Westminster , was indicted for feloniously stealing divers Linnen, &c. value 40 s. the Property of Simon Clifton , the 20th of January last. It appear'd by the Evidence, That the Prisoner was Servant in the House where the Prosecutor liv'd when the Goods were stolen. The Prisoner said, The Things were given her by the Prosecutor to let him lie with her, but she would not consent, therefore he indicted her for stealing them. The Jury considering the Matter acquitted her.

Solomon Barlow , of the Parish of St. James, Westminster , was indicted for feloniously stealing two Sheep Skins, value 4 s. the Goods of John Coleburn ; and three Sheep Skins, value 9 s. the Goods of Arthur Elborough , the 6th of February last. The Facts being plainly prov'd, the Jury found him guilty to the Value of 10 d. Transportation .

Samuel Eslic , jun. of the Parish of St. Mary Whitechappel , was indicted for feloniously stealing a Pestle and Mortar, Linnen, and other Goods , the 24th of February last. His Father was Evidence against him, and said, That he took such ill Courses, and was so irreclaimable, he was obliged to take this Method to save him from the Gallows. The Jury considering the Matter, found him guilty to the Value of 10 d. Transportation .

Isabel Carr , of the Parish of St. John Wapping , was indicted for feloniously stealing a Wig, value 1 s. and 6 d. the Property of Michael Bland , the 26th of December last. The Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d. Transportation .

Elizabeth Scot , of the Parish of St. Dunstans Stepney , was indicted for feloniously stealing wearing Apparel, value 1 d. 4 s. the Property of John Lambert , the 16th of January last. But the Evidence not being sufficient to convict her, she was acquitted .

Thomas Blackford , with Jane his Wife , of the Parish of St. Giles in the Fields , were indicted for feloniously stealing; 3 half Firkins, and a half Barrel of Soap, 2 Gallons of Oil , the Goods of John Cleeve , Esq ; the 22d of December last. But there not being sufficient Proof to convict the Prisoners, the Jury acquitted them.

Samuel Sammon , of the Parish of Stepney , was indicted for stealing a Sack, value 1 s. the Goods of Thomas Tovey , the 23d of October last. The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d. Transportation .

He was indicted a second Time, for stealing a Coat, value 1 s. from James Orms , the 10th of February last. And this Fact being also prov'd, the Jury, found him guilty of the Indictment. Transportation .

Elizabeth Smith , of the Parish of St. Buttolp without Aldgate , was indicted for stealing divers Goods, value 3 l. in the Dwelling House of Robert Fabian , the 21st of January last. It appear'd by the Evidence, The Prisoner was entertain'd out of Charity by Mr. Fabian, and she took the Goods, and pawn'd some, and sold others. The Fact being plain, the Jury found her guilty to the Value of 10 d. Transportation .

John Moore , William Capers , William Worrel , and John Hawkins , were indicted for feloniously stealing 3 Agate handled Knives and Forks, 2 Snuff Boxes, and other Goods, from the Shop of Valentine Henry , the 16th of February last. But the Evidence against them not being sufficient, the Jury acquitted them.

John Philips , of the Parish of St. Katherine , was indicted for feloniously stealing a Fustain Frock, value 1 s. the Property of John Nodes , the 28th of January last. But the Indictment being laid Thomas Nodes, instead of John, the Jury acquitted him of the Indictment .

Hester Brown , was indicted for stealing a Rug, value 6 s. from Katherine Richardson . It appear'd by the Evidence, That the Prisoner had taken the Rug and Pawn'd it. The Jury found her guilty to the Value of 10 d. To be whipp'd .

John Whitehall , and Elizabeth Whitehall , were indicted, the former for feloniously stealing 19 Yards of blue and white Linnen, value 40 s. in the Shop of John Goodman , the 5th of January last; and the latter for receiving it, knowing it to be stolen . The Prosecutor depos'd, He went to the Prisoner's Mother, and that she confess'd, she had pawn'd the Linnen in Hounsditch, at the Shears, where he found it. The Prisoner pleaded, He found the Linnen in the Street, near the end of Gravel Lane. The Mother pleaded, It was brought to her by one William Douglass , as his Wife's, he desiring her to sell it for him, her Son being with him, and that she knew not it was stolen. The Jury acquitted her, and found John Whitehall guilty to the Value of 4 s. and 10 d. Transportation .

Sarah Swan , and Jane Taff , were indicted, the Former for feloniously stealing a Wig, value 3 l. and 7 flaxen Sheets, value 3 l. in the Dwelling House of Gregory Swinney , the 28th of November last. It appear'd by the Evidence, That Sarah Swan was Servant to the Prosecutor, and stole the Goods; and, that Jane Taff sold them ; but it did not appear, that Taff knew they had been stolen, wherefore the Jury acquitted Jane Taff, but found Sarah Swan guilty to the Value of 4 s. 10 d. Transportation .

Mary Jackson , alias Waller , was indicted for stealing divers Goods , the Property of Eleanor Humphreys , and Hassel Short the 6th of December last. The Fact being plainly prov'd the Jury found her guilty to the Value of 4 s. and 10 d. Transportation .

Thomas Linney , and Sarah Barns , of the Parish of St. Leonard Shoreditch , were indicted for feloniously stealing a Blanket, value 10 d. the Property of John Clavering , the 22d of January last. But no Body appearing against them, they were acquitted .

John Thomas , of the Parish of Stepney , was indicted for feloniously stealing, 2 s. and 6 d. in the Shop of John Smith , the 6th of this Instant February . Several Persons appear'd for the Prisoner, who depos'd, He was so silly, that he had rather have a Half-penny than a Shilling; and gave several Instances of his want of Reason, upon which the Jury acquitted him. But some Persons deposing, That the Prosecutor would have taken Money to compound for the Felony, and insisted upon 12 or 14 l. the Court ordered the Prosecutor to give Security for his Appearance the next Sessions, and oblig'd the Persons who so charg'd him, to enter into a Recognizance then to prosecute him for the same.

Henry Inon , of St. James Westminster , was indicted for stealing divers Goods, in the Dwelling House of the Reverend Mr. William Ryman , the 30th of January last. The Fact being plainly prov'd, the Jury found him guilty to the Value of 39 s. Transportation .

Elisabeth Staughton , of St. Martins in the Fields , was indicted for feloniously stealing Linnen, value 8 s. the Goods of John Burch , the 1st of November last. But the Prosecution appearing to be malicious, she was acquitted , and had a Copy of her Indictment granted her.

Thomas Frost , of, Lalam , was indicted for stealing a black Mare, value 15 l , the Property of Richard Adams , the 28th of January last. The Fact being plainly prov'd, and the Prisoner having nothing to plead in his Defence, but that he found the House on the Road, the Jury found him guilty of the Indictment. Death .

Hannah Thompson , alias Reeves , of St. Brides , was indicted for privately stealing Money from the Person of Andrew Stock , the 18th of January last. The Fact being plainly prov'd, and she saying nothing Material in her own Defence, the Jury found her guilty to the Value of 10 d. Transportation .

John Burgess , of St. Katherine Creed Church , was indicted for privately stealing 7 s. in Money, a Penknife, a Pair of Silver Buttons, &c. from the Person of Abraham Mortier , the 20th of February last. The Fact being fully prov'd, and the Prisoner making but a trifling Defence, tho' he called some to his Reputation, the Jury found him guilty to the Value of 10 d. Transportation .

Susannah Jones , and Mary Meers alias Webster , were indicted for feloniously stealing a Gold Watch, value 13 l. the Property of Ralph Keate , the 8th of February last. The Prosecutor depos'd, That being very much in drink, he went to the House of the Prisoners, and going into their Room, they being in Bed, he sat down on the Bed-side, and having pull'd out his Watch, laid it down, either on a Chair, or the Ground, by the Bed side. and, that falling asleep, when he awaked he miss'd his Watch, and taxed the Prisoners with it; and, that they had since offer'd either to pay for the Watch, or give him another in lieu of it. The Prisoner deny'd the Fact, and calling several to their Reputation, the Jury acquitted them.

James Robinson , of St. Bennet Grace Church , was indicted for stealing 17 Rabbets , from Thomas Knapton , the 26th of January last. But the Evidence not being sufficient to convict the Prisoner, the Jury acquitted him.

William Moore , was indicted for Assaulting Ann Knapper on the Highway, and taking from her divers Linnen, and a Leather Clog , the first of January last. The Prosecutor depos'd, as she was going along Pig Hill in the Evening, the Prisoner came behind her, endeavour'd to pull her Handkerchief off from her Neck; but it not coming off, he threw her down, drew the Bundle of Clothes from under her Arm, rolled her in the Mud, endeavour'd to strangle her, and with his Knees bore her down to the Ground; that thereupon she fell into Fits, and knew not what was done afterward. Another Evidence depos'd, That he saw the Prisoner on the Ground, and feeling about her Clothes, as if he was putting on her Clog, with a Bundle under his Arm; and, that pretending to go to call a Coach, he went away, and this Evidence went after him, and took him, with the Bundle, and a Clog in his Hand. One Evidence swearing positively to his apprehending the Prisoner going away with the Goods, the Jury found him guilty of the Felony, but acquitted him of the Assault . Transportation .

Elizabeth Robinson , and Jane Thornton , alias Black Jenny , were indicted for privately stealing a Silver Watch, from the Person of Morris Prosser , the 25th of January last. The Prosecutor depos'd, That Robinson met him, he being in Liquor, and ask'd him to go to her Lodging, which he refus'd, but then she offering to give him a Dram, he went with her to a Brandy Shop in Chick Lane; but he not liking the House, was for going away, and the two Prisoners offering to take care of him, he would have left his Watch with the Man of the House, but he refused to take it; that then he put it up, went away, but the Prisoners follow'd him, took him hold one by one Arm, and the other by the other, and presently he miss'd his Watch. The Constable depos'd, That Robinson confes'd she had the Watch, and had sold it for a Guinea, and Black Jenny own'd she had 10s. of the Money. The Jury considering the Matter, found them both guilty to the Value of 10d. Transportation .

Thomas Judd , was indicted for a Misdemeanor, in taking three Hundred Weight of Lead off from the Freehold of Thomas Ketteredge . It appear'd by the Evidence, That the Prisoner came to the Person who had the Key of the empty House, enquiring for the Landlord, saying, He had a Friend that would buy the Estate . That some Time after he came and ask'd for the Key again, telling him, His Friend had bought, or taken a Lease of it. and he being a Workman, or Bricklayer, was going to work upon it; and, that hiring two Labourers, he immediately set them to work to take off the Tiles, and strip off the Lead, which they had done by Breakfast Time. That while they were gone to Breakfast he brought a Plummer, whom he told, that his Friend had bought the Premises, was going to pull down that and five Houses more, and build as many New ones, and being recommended to him, he should be the Plummer, whereupon he bought the Lead for 29 s. The Prisoner had nothing to say in his Defence, the Jury found him guilty . The Court fin'd him twenty Marks , and three Months Imprisonment ; but the begg'd the Liberty to transport himself, which was left to the Consideration of the Sheriff.

Richard Pitchard , was indicted for a Misdemeanor, in defrauding Charles Greenwood of a Firkin of Butter, in pretending he was sent by one Tho Follows , to whom he was Servant , which he was not . The Fact being plainly prov'd, the Jury found him guilty , and the Court sentenc'd him to three Months Imprisonment , and to pay 10 Marks .

Jonathan Batt , of the Parish of Stepney , was indicted for assaulting Thomas Jones on the Highway, with intent to rob him , the second of February last. The Prosecutor depos'd, that between 11 and 12 a Clock at Night of the Day aforesaid, just by the Watch-house between Mile End and Bow , he met a Man, who pass'd by him, then turn'd again, and bid him stand and deliver, threatening to fire at him immediately, shewing him a Pistol, telling him, he had the Fellow to it in his Bosom, and opening it, did shew him something, which he took to be a Truncheon, and with it hit him on the Forehead, and knock'd him down, and he fell on his Back, and his Head against a Bank, and being very Moon-light, he had a full View of him; that he had on a black Coat, so short, as to be five or for inches above his Knees. That he took nothing from him, He telling him, He had nothing about him, but damn'd him, saying, You Dog, where do you work? What have you been about? He told him, He had been a begging. To which he reply'd with a Course, Then get up and beg again. And so he came away. That he afterwards going to Mr. Boswel's at Bow, and he taking Notice of the Wound in his Head, ask'd him how he came by it. He describ'd the Person, upon which he told him, if he went to the three Tuns in Bow, he might see the Person that answer'd the Description. That accordingly he went, saw him, and charged him with it immediately, and was positive in Court he was the Man. The Prisoner deny'd his having ever seen the Prosecutor; said he had been at labouring Work for Sir Charles Peers , came home very weary, and went to Bed about Nine a Clock. Benjamin Bridgman , his Landlord, depos'd, That he went to Bed about Nine a Clock, and did not go out any more that Night as he knew of; and, that the Prisoner had no black Coat. His Landlady, Susan Bridgman , confirm'd the same, adding, That they going thro' the Prisoner's Room to Bed, she did see him in Bed between Ten and Eleven a Clock, and never heard him go out. The Jury acquitted him.

He was a second Time indicted for assaulting Richard Tisdale on the Highway, with intent to rob him , the 1st of February last. The Prosecutor depos'd, That he was coming from Bow to Mile End , between Nine and Ten a Clock at Night, and being gone beyond the Barn, he overtook a Man in a short black Coat, five or six inches above the Knee, and going together, and telling him of his being afraid of a former Man he saw, but adding, he had no Money to loose, tho', indeed, he had 3 l. a Watch and Ring, he soon after knock'd him down, saying, D - n you, you Dog, I have you down, lie still you Son of a Bitch, deliver your Money. That he seem'd to hearken if any Body was coming, and that in the mean time he got up and ran towards Bow; but the Prisoner followed him, and hearing his Tread near him, he stop'd short, and slipp'd under his Arm, and run towards London, upon which he d - n'd him, bidding him stand, and fir'd after him, but miss'd him, and he ran to the Coach and Horses. That then he heard Horses coming on the Road, and he told them how he had been serv'd; they carried him back to Bow, and there he describ'd the Prisoner. He was positive the Prisoner was the Man. The Prisoner deny'd the Fact, and call'd the following Evidence. Havers Watkins depos'd, That on the first of February, having been out of Town, be came home at Eight at Night, and gave his Mare to the Prisoner to rub down, bidding him, when he had done, come to him to the King's Head. That in about a Quarter of an Hour he did so; that then he sent him to the Red Lion on an Errand, giving him Money to drink a Pint of Drink; that he came to him again in a Time too short for him to go to the Place where the fact was done, and that he stay'd at the King's Head till near Eleven a Clock. Several of these Circumstances were confirm'd by two other Evidences, and several appear'd to his Reputation, as an industrious Fellow, working as a Labourer at any sort of Work that was to be done, tho' the Prosecutor objected that he had been a Bailiff's Follower , which was not deny'd by them. But upon the whole the Jury acquitted him of this indictment also.

Benjamin King , was indicted for a Misdemeanor, in solliciting and perswading Edward Cheesebrook , to take up on him the Name, and personate Elias Russel of Brownley, Esq ; without his Knowledge and Consent, and make a frandulent Transfer, of 500 l Original South Sea Stock, to one Mr. Francis Fisher . Edmund Cheesebrook depos'd, That he ask'd him if he would transfer South Sea Stock; to which he reply'd, How could he do that, having none in, nor was he acquainted with Persons who had any, nor did he know the Manner of it: That King reply'd, he was acquainted with Clerks of the South Sea Company, could procure him Persons Names, and Places of Abode, that had Stock, and an Account of what Stock they had, and that as for the Manner of it, it was easily done, and with little Danger of being discover'd, especially they being in that Hurry; that with his Perswasions, he undertook to be concern'd with him in that Affair, and accordingly some Time after, he brought him an Account of Stock of one Kales, and also of one Skinner, being a 1000 l. but he did not transfer that, there being not, upon Examination, so much, but about, 300 l. that after that he brought him an Account of the Stock of Elias Russel , of Bromely Esq; ordering him to employ a Broker to sell it, which being about 1700, he did employ a Broker one Mr. Fenton, to sell 500 l. of it; that Fenton did dispose of it to one Mr. Fisher, or his Broker, and he went to the South Sea House , transferred the Stock to Mr. Fisher, signing the Books by the Name of Elias Russel , Mr. King being them present in the South Sea House: That the Broker Fenton and himself, went to the Fleece Tavern in Cornhill, where he paid him for it, as near as be can remember, about 490 l. in Bills and Money; that as soon as the Broker was gone, the Prisoner King came into the Room to him, and they shar'd the Bills and Money equally betwixt them, as had been the Agreement, and that he did sell of Mr. Russel's Stock, these Times, by the like Management. Mr. Morrison, a Clerk to the South Sea Company depos'd, That he being acquainted with the Prisoner King, at the Lock and Key in Smithfield, he did enquire of him, concerning the Stock of some Persons in the South Sea Company's Books; that as for the Stock of Hales, he could give a very particular Account, and as to Mr. Russel's Stock, he could not be so particular; but does remember, that about July, the Prisoner came to him, said he had just parted with a Friend, one Mr. Elias Russell, who had Stock, that he lived in the Country, and was just going out of Town, and had not Time to enquire into it, but has desir'd him to enquire for him, and give him a particular Account of it, and he afterwards did deliver him a Paper, at the Lock and Key, but would not swear positively it was Mr. Russel's Stock, but at last did own he did believe it was. There was much Pains taken on both sides by the Counsel, to invalidate Cheesbrook's Evidence, and to establish the Credit of Mr. King: And he call'd many Persons to him Reputation; but the Jury esteem'd the Fact to be plainly prov'd upon the Prisoner , by several Circumstances; the Court sentenc'd him to pay a Fine of 400 l. to suffer a Year's Imprisonment , and stand once in the Pillory at the Royal Exchange .

Edward Fox , of the Parish of St. Sepulchre , was indicted for assaulting and carnally knowing Susannah Mitchel an infant under ten Years of Age, the 17th of December last. Susannah Mitchel depos'd, That the Prisoner did enter her Body, and that afterwards he threaten'd her if she told any Body of it, he would cut her Tongue out; that therefore being afraid, she did not tell her Mistress, till she found it out by her Linnen. Her Mistress and the Midwife, both depos'd, The girl had been much injured and abus'd, and the latter, that it was her Opinion she had been penetrated. Two Surgeons were called, who did own the Girl had been much injured, but were of Opinion she had not been penetrated. Upon the whole, the Jury acquitted him.

William Brown Hester Brown , and Richard Wills

Upon an Affidavit made, That Sally Salisbury was Sick, and could not be brought down to her Tryal, without the Danger of her Life, her Tryal is defer'd till the next Sessions when it is fixed to be by a Rule of Court.

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

Receiv'd Sentence of Death, Three.

William Summerfield , William Barks , Thomas Frost .

Burnt in the Hand, Two.

Griffith Williams , William Brown , convicted last Sessions.

For Transportation, Thirty Five.

Joseph Allan , alias Biggs, Frances Allen , alias Mary Thompson , alias Cole, Mary Keatly , Richard Evans, Edward Lewis , James Steward , alias Richard Henley , John Burgess , Harnah Thompson, John Map , Roger Stephens; Martha Howard , Philip Large , Anthony Dubart , Soloman Barlow, Samuel Eslic, Isabel Carr, Samuel Sammon , Elizabeth Smith , Elizabeth Robinson , Jane Thornton , alias Black Jenny, Henry Inon, Sarah Swan Mary Jackson , alias Wallace, John Whitehall ,William Anderson, John Robinson, Henry Owen, William Moore, Elizabeth Steward , Margaret Bowes , Amy Scriven, William Broughton, Mary Merriday , Mary Paul , Mary Bissat .

To be Whipt, Four.

Stephen Davenport, Thomas Wicks , Formerly convicted, Hester Brown , and Richard Wills .

Benjamin King Sin 'd 400 l. sentensc'd to a Year's Imprisonment and to stand once in the pillory at the Royal Exchange.

Thomas, fin'd twenty Marks and three Months Imprisonment.

Richard Pritchard , fin'd ten Marks, and three Months Imprisonment.

ADVERTISEMENTS.

Just publish'd the Sixth Edition (with many Additions and Ammendments ) of

A Rational and Useful Account of the Venereal Disease With Observations on the Nature, Symptoms and Care, and the bad Consequences that attend by ill Management; with proper Admonitions ; recommended as a Friendly Instruction to all Persons who do, or may, labour under this Misfortune. Also, A short Inquiry into Old Gleets, and other Weaknesses, and the Reason why they are so seldom cured: With the Author's Methods of Cure. To which are added, Some Hints on the Practical Scheme, the Methods and Medicines therein expected, and the gross Impositions justly detected: With an Account of Specifick, the life and of the Name, and how it covers ignorance and a Cheat. By Joseph cam M.D. Printed for, and sold by G. Strahan, against the Royal Exchange, W. Means without Temple-Bar, G. King in Westminster-Hall, T. Norris on London Bridge, J. Baker against Hatton-Garden in Holborn; and by the Author, at the Golden Ball and Lamp in Bow Church Yard, Cheapside. Price 1 s.

A Water that perfectly cures the Itch, or any Itching Humour, in a few Days, without Necessity of Purging, or the dangerous Use of Mercury, Price 1 s. 6 d. only is prepared and sold, by A. Downing, Chymist, at the Crown and Ball, in George Court, in St. John's Lane, by Hicks's-Hall, near West-Smithfield. Where also may be had the best Spirits of Scnrvy Grass, by Wholesale or Retale, at 8 d. a Bottle. A most effectual Remedy for the violent Pain in the Teeth, Price 1 s. Also a most excellent Remedy for the Teeth, and clearing them from the Scurvy.

A Fall and Compleat History of the Lives, Robberies, and Murders of all the most notorious Highwaymen that have been in England, Scotland, France and Ireland, from the Reign of William the Conqueror, to this present Year 1723. beginning with Thomas Don , Robin Hood and Little John, Sir John Falstaff , Capt. Hind, the Golden Framer, Nevison, Witney, and above a Hundred more: also giving a more full Account than any yet published, of the Robberies committed by Benjamin Child , John Hawkins , and George Sympson , who were all Three executed for Robbing the Bristol Mail; concluding with the Life and Robberies of the famous Cartouche in France: And also the Robberies and remarkable Actions of John Malhosi , and James tick, lately executed for robbing William Young , Esq; in his chair. The whole being faithfully collected out of the best Histories, Records, Trials, Ordinaries Accounts, and Manuscripts, and Written regularly as the were committed. By J. W. The Second Edition. Price 1 s. bound in Ship, and 1 s. 6 d. Calf. Where may be had also, The Life and most Surprising Advertisement of Robinson, of York, Marines The whole Three done into One, with Cuts Price a s. 6 d. Both printed for M. Hotham, at the Black Boy on London Bridge.

Printed for J. Hamfreys, in Barthe, behind the Royal Exchange; and R. Symon, the Corner of Pope-Head Alley, Cornhill: And Sold by J. Roberts, near the Oxford-Arms, Warwick-Lane, 1723 Where Advertisements are taken in. Price Three Pence.