Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 30 July 2014), October 1724 (17241014).

Old Bailey Proceedings, 14th October 1724.

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, Saturday, Monday, and Wednesday, being the 14th, 15th, 16th, 17th, 19th, and 21st of October, in the Eleventh Year of his MAJESTY's Reign.

BEFORE the Right Honourable Sir PETER DELME , Kt. Lord Mayor of the City of London; Mr. Baron Price , Mr. Justice Tracy, and John Raby , Esq; Serjeant at Law; 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.

John Appleby ,

John Morsden ,

John Leppige ,

John Fewtril ,

Thomas Humston ,

Stephen Skinner ,

Thomas Whiting ;

John Darwin ,

Stephen Nichols ,

Thomas Tailor ,

John Gardener ,

Thomas Winterbottom ,

The Middlesex Jury.

Thomas Ingram ,

William Tame ,

Thomas Richmond ,

Benjamin Timbrel ,

William Frith ,

Thomas Fann ,

Joseph Parsons ,

William Gilmore ,

Bartholomew Wimberly ,

John Martin ,

John Clark ,

Robert Young .

The Proceedings were as followeth, viz.

William Doleman , of the Parish of St. Andrew Holborn , was indicted for feloniously stealing a Turncock Key, value 4 s. the Property of the Governor and Company of the New River Water , brought from Amwel to London, the 3d of July last. It appear'd by the Evidence, That the Turncock Key was lost from without Bishopsgate, and found at the Prosecutor's Shop, who said he bought it of a Man that found it in Bishopsgate-street. It appear'd the Prisoner gave Notice voluntarily of his having the Key, and call'd Evidences to prove his buying it, and call'd divers to his Reputation. The Jury acquitted him.

Dorothy Ford , of the Parish of St. Martin's Vintry , was indicted for privately stealing Linnen, value 20 s. and other Goods, in the Dwelling-house of Soloman Baudwin , the 1st Day of August last. It appear'd by the Evidence, That the Prisoner was Servant to the Prosecutor, and stole the Goods. The Jury found her guilty to the Value of 39 s . Transportation .

Priscilla Hilliard , of the Parish of St. Buttolph's Aldgate , was indicted for privately stealing a Pair of Worsted Stockings, value 2 s. in the Shop of Henry Carrington , the 28th of September last. It appear'd by the Evidence, That the Prisoner came to the Prosecutor's Shop, under Pretence to buy a Pair of Stockings, and being suspected, was search'd, and the Stockings found upon her. The Jury found her guilty to the Value of 10 d. Transportation .

William Francis , of the Parish of St. Lawrence Old Jury , was indicted for feloniously stealing a Pair of Leather Breeches, value 8 s. The Property of Francis Charden , the 28th of August last. And also a Perriwig of James Grey , value 10 s. The Prisoner had confest the Facts before the Justice, but deny'd them at the Bar; but they being positively sworn against him, the Jury found him guilty to the Value of 10 d . Transportation .

Thomas Armitage , of St. Christopher's Broadstreet , was indicted for privately stealing a Paper Book, value 2 s. from the Person of William Warren , the 19th of August last. The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d. Transportation .

Moses Ouseman , alias Souseman , a German, of the Parish of St. Buttolph's Bishopsgate , was indicted for feloniously stealing 109 Guineas, 16 Moidores, one 4 Pistole Piece, 20 Broad Pieces, the Property of William Farmer and William Clements , in their Dwelling-house , the 24th of August last. The Prosecutor depos'd, That he having been abroad, when he came home he found a Closet in the Back-Shop broken open, and the Money taken away, which was found in the Prisoner's Lodging. That the Prisoner was a Relation to a Jew Family that lodg'd in his House, and had liv'd there before for about seven Months, but did not lodge there at the Time when the Fact was committed, but he had dined there the Day the Money was missing, therefore suspecting him they went to his Lodging, and ask'd him about it, but at first he deny'd that he knew any Thing of it; but being inform'd by another that the Prisoner had got Money, he went and fetch'd it where he had hid it between the Tiles, but there wanted three Pound of the Sum, and he pretended that going to the Prosecutor's House, he found the Door open, and seeing an Englishman there, he ask'd him, What he did there? whereupon he threw the Bag of Money down, and he took it up, and carried it Home. The Prisoner pleaded much to the same Purpose at the Bar; the Reason he gave for not stopping the Person he found in the Prosecutor's House was, That it was a Thing of very dangerous Consequence in his Country, to call stop Thief, or the like, after a Person; and that he hid it between the Tiles that he might keep it safe, in Order to return it to the Prosecutor, he having no Lock, or Security, in his Lodging. And that being ask'd about the Money, he did at first deny his knowing of it, in Hopes they would offer him some Reward. He call'd several Jews to his Reputation, who gave him a good Character. But the Fact being plainly prov'd, the Jury found him guilty of the Indictment. Death .

Robert Barnet , of the Parish of St. Bartholomew the Less was indicted for stealing a Hat , value 3 s. the Property of James Selby , the 11th of September last: Which Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d. Transportation .

William Bucknel , of the Parish of St. Sepulchres , was indicted for feloniously stealing Money, in the Dwelling-house of Mary Bucknel , the 24th of August last. To which Indictment he pleaded guilty . Transportation .

William Grove , of St. Mary Magdalen Old Fishstreet , was indicted for breaking the Dwelling-house of William Tomlin , in the Day-time, no Person being therein, and stealing 25 Guineas , the 17th of June last. It appear'd by the Evidence, The Prisoner was the Prosecutor's Servant , left in Charge of the House, and when the Master came back in about Half an Hour, the Prisoner was gone, the Door broken open, and the Money gone: The Prisoner went after to Ipswich, where he was taken eight Weeks after, had spent all the Money, gotten 38 s. in Debt, and own'd the Fact. The Jury found him guilty of the Indictment. Death .

Jeremiah Edmunds of the Parish of St. Brides , was indicted for privately stealing Stockings in the Shop of Nathaniel Web , the 17th of September last. The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d . Transportation .

Willoughby Fielding , of the Parish of St. Bartholomew the Less , was indicted for feloniously stealing 2 Perriwigs , the Goods of John Wenham , the 27th of August last. The Fact being plainly prov'd, the Jury found him guilty of the Indictment. Transportation .

John Yoe , of the Parish of St. Clement Eastcheap , was indicted for privately stealing 2 Guineas, 3 Gold Rings, and 18 s. in Money , the Property of Ruth Tailor , the 9th of January last. It appear'd by the Evidence, That the Prisoner and Prosecutor were Fellow Servant s in Mr. Heath's House. The Jury found him guilty to the Value of 4 s. 10 d. Transportation .

John Newport , of the Parish of St. Brides , was indicted for feloniously stealing 4 s. the Money of George Dascomb , the 1st of this instant October . It appear'd by the Evidence, That the Prisoner was Servant to the Prosecutor, and having several Times lost Money out of his Breeches Pocket, he put in some remarkable, and it was taken upon the Prisoner the next Morning. The Jury found him guilty of the Indictment. Transportation .

Margaret Hooper , of St. James Westminster , was indicted for stealing the Goods of Nicholas Duboi , Esq ; the 20th of September last. It appear'd by the Evidence, the Prisoner was Cookmaid to the Prosecutor, and the Things being lost, were found in the Prisoner's Trunk, where she lodg'd when she was out of Place. But there not being sufficient Evidence that she stole them, she was acquitted .

Joseph Watson , of the Parish of St. Leonard Shoreditch , was indicted for stealing divers Wearing Apparel, in the Stable of Alexander Pitfield , Esq ; the 8th of September last. The Jury found him guilty . Transportation .

Jonathan Fernello , of the Parish of Pancras , was indicted for the Murder of Samuel Jones , a Child , about two Years and three Quarters old, by beating down the Child with the Coach Pole, and also his Sister, who had him in her Arms, and afterwards driving the Wheel over his Head, which kill'd him out right . He was also indicted a second Time upon the Coroner's Inquest. The Evidence for the King depos'd, That the Prisoner was driving his Coach into Tottenham Fair , and upon the Turn committed the Fact. That he was call'd out to, to stop, but did not. Others for the Prisoner depos'd, That they saw him pulling the Reins with all his Might, endeavouring to stop the Houses, and others gave him the Character of an honest, peaceable, good temper'd and careful Fellow. The Jury brought in their Verdict, Chance Medley .

John Darby , William Pritchard , and William Risdell , of the Parish of St. Leonard Shoreditch, were indicted together with Thomas Pritchard , not yet taken. The former was indicted for the Murder of Samuel Orchard , the 30th of August last, and Pritchard and Risdel for being aiding and abetting . They were indicted a second Time upon the Coroner's Inquest: And a third Time for the Murder of Samuel Orchard, there being no Weapon drawn. The Witnesses for the King were, Thomas Dillo , Thomas Batten , Henry Griffin , and - his Wife, who all depos'd to the Purpose following. That on the Time mentioned in the Indictment, Henry Griffin and his Wife being in Shoreditch, at the House of Samuel Orchard, the Deceas'd, 'till after eleven a-Clock at Night, and they having at Haggerstone, Thomas Dillo, Thomas Batten, and Samuel Orchard, agreed to bear them Company over the Fields to Haggerstone . That as they were going along they met with William Pritchard, Thomas Pritchard, and William Risdel, who gave them some affronting Language, calling them Taylors, and King John's Men, and Risdel very rudely and violently would kiss Mrs. Griffin, which they permitted for Peace Sake, and parted: And afterwards they heard them say, as they were a little Way from them, What had they three to do with the Woman? they would take her from them and came to them again, and would have Mrs. Griffin from them, who was then holding by the Deceased's Arm, and did violently pull her away, though they told them she was Mr. Griffin's Wife, That she not being willing to be carried away, was knock'd down; and Mrs. Griffin depos'd, That it was Risdel that knock'd her down, giving her several Blows on the Face and Head with his Hand, which hurt her so that she could not bear to touch her Head with a Comb for a considerable Time: But her Husband getting her away, while Thomas Batten was fighting with the Prisoners Pritchard and Risdel, she could give no Account of the killing of Orchard. Thomas Dillo depos'd, That upon this Violence offered to Mrs. Griffin, the Prisoners fell upon them: That the Deceased had a Stick in his Hand, but one of them got hold of it, and would have pull'd it out of his Hand, upon which he assisted Orchard, to pull the Stick, and it broke, and then he ran away from the Prisoners; but they followed him, and Pritchard stopp'd him, and said he should not go, unless he gave him a shilling. That he was running to the Town to get Assistance, for one of the Pritchards and Risdel were fighting with Thomas Batten. That then they return'd into the Fray, and that was near John Darby's Door, who, upon an Outcry (as he supposes) that they had made of Murder, was come out in his Shirt, and was looking over his Gate with a Stick in his Hand. That then he came to the Fray, and stood by, while one of the Pritchards and Risdel had Thomas Batten down on the Ground. That he desir'd him, Darby, not to make any Party, but to make Peace, that they might go Home about their Business. That the Deceased was standing by him, giving no Provocation, not fighting, and that John Darby with his Stick knock'd the Deceased down, and he died in about Half an Hour: That having apprehended him, he said he hoped he had not kill'd him; but being carried to the Deceased, and seeing him dead, he kneel'd down, and Kill'd him, saying, Carry me where you please, I am willing to die for him. Thomas Batten depos'd the same, as to the Circumstances before the Beginning of the Fray, and Occasion of it; but as to the killing of Orchard, he being upon the Ground, and Risdel and one of the Pritchards fighting with him, he could give no Account of that. Henry Griffin depos'd much to the same Effect, saving that he having been to get his Wife away to his Lodgings, return'd back, and coming in Sight of the Prisoners, he saw John Darby give the Deceased the Fatal Blow, who was at that Time standing still, and not fighting. The Prisoners Risdel and Pritchard in their Defence pleaded, as to the Beginning of the Fray, That meeting the Prosecutor, Witnesses, and Deceased, about twelve a-Clock at Night with a Woman, suspected her to be an ill Woman, and having been drinking, there happen'd to be some Words pass, which proceeded to Blows, the Prosecutors being the Aggressors, and as for Mrs. Griffin's being knock'd down, Risdel deny'd his striking her, but said she might possibly be push'd down in the Fray. John Darby pleaded, That he knew not the Deceased, and therefore had no Malice against him. They all called Persons to their Reputation, who gave them the Character of honest, laborious Person in their Calling of Brickmaking . Upon a full Hearing of the Matter, the Jury found John Darby guilty of Manslaughter . Burnt in the Hand . And acquitted Pritchard and Risdel.

Isaac Berry , of the Parish of St. Mary Whitechapel , was indicted for breaking the House of William Roberts , in the Night-time, and stealing 2 Cheeses, 2 Bottles of Strong Waters, and 11 d. in Money , the 30th of April last. The Prosecutor depos'd, His Shop was broken open before three a-Clock in the Morning, he being call'd up at that Time: Thus the Things before mentioned were taken away, and a great many more Goods were Put into a Baker's Sack, in order to be carried away, but that they were disturbed. John Shoebridge depos'd, That the Prisoner and himself did the Fact. They took out the Pin and the Bar, and Berry took down the Shutter, and he went in, opened the Door, and let in Berry, and they carried away the Things mentioned in the Indictment, but not having Time could not carry away any more, for it was at that Time Break of Day. The Prisoner deny'd the Fact, and call'd Persons to his Reputation. The Jury found him guilty of the Felony, but not of the Burglary . Transportation .

Frances Jakes , of the Parish of St. Andrew Holbourn , was indicted for stripping Elizabeth Barker , a Child of six Years of Age, of a Frock, Stays and Petticoat, value 8 s. It appear'd by the Prisoner's own Confession. That the Prisoner did call the Child from School, stripp'd her, and left her in a Church-Porch, near Ormond-street. The Fact being plainty prov'd, the Jury found her guilty of the Felony. Transportation .

Sarah Baker , of the Parish of Whitechapel , was indicted for stealing Pewter Plates, and other Goods , the Property of Richard Milton , the 31st of August . The Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d. Transportation .

John Harrison , of the Parish of St. Giles in the Fields , was indicted for privately stealing a Saw and Planes, in the Shop of Edward Owen , the 31st of August last. The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d. Transportation .

Richard Moreby , of St. Martin's in the Fields , was indicted for feloniously stealing a Cloth Coat, value 10 s. the Property of Alexander Steward , the 26th of August last. The Fact being plainly prov'd, the Jury found him guilty of the Indictment. Transportation .

Ann Spur , of St. Andrew's Holborn , was indicted for feloniously stealing the Goods of Oswald Dyke , the 29th of May last. The Fact being plainly prov'd, the Jury found her guilty in the Value of 39 s . Transportation. Her Master and Mistress begging the Favour of the Court for her, she was burnt in the Hand .

Nathaniel Scarlet , Mary Scarlet his Wife , and Andrew Scarlet , were indicted. That whereas Elizabeth Wakelin had robbed her Master Ebenezer Mitchel , of divers Goods, for which she had been convicted at a former Sessions, they had received divers Goods, knowing them to be stolen . The Prosecutor depos'd, That his Servant gave an Account that she had pawn'd the Goods to the Prisoners; and that lately he had Notice given him of a Parcel of Goods dropt in a Coach, directed to him, and that there were his Goods. But there not being sufficient Proof against the Prisoners, the Jury acquitted them.

Mary, the Wife of William Davis , of the Parish of Stepney , was indicted for feloniously stealing the Goods of George Hill , the 24th of August last. The Fact being plainly prov'd, the Jury found her guilty to the value of 10 d. Transportation .

Elizabeth Smith , of St. Giles's in the Fields , was indicted for feloniously stealing the Goods of Jenkin Thomas , the 10th of September last. The Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d. Transportation .

Elizabeth Cordwell , of St. James's Westminster , was indicted for feloniously stealing a Sauce Pan, value 16 d. the Goods of Jane Burnham , the 10th of August last. The Fact not being plainly prov'd, the Jury acquitted her.

She was also indicted a second Time, for feloniously stealing a Coverlet and Sheet , the Goods of Robert Holms , the 18th of August last. The Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d. Transportation .

Sarah Dawson , of the Parish of the Trinity Minories , was indicted for feloniously stealing 2 Silver Watches, value 7 l. the Property of Thomas Roberts , and Richard Astbury , the 16th of September last. The Prosecutor depos'd, Being drinking in Southwark , he fell asleep upon a Table, and when he awaked his Watches were gone, and about a Week after, he heard they were in the Hands of a Constable. Samuel Graves , a Constable in the Trinity Minories, depos'd, That three or four Soldiers brought the Prisoner to him, telling him, that she ask'd one of them to drink with her, and show'd him a Watch, and asking her how she came by it, and another she had in her Pocket, she reply'd, she had got them by Dibbling in Southwark Fair. The Prisoner in her Defence pleaded, That she liv'd in Lamb Alley, in Bishopsgate-street, and the Prosecutor going by as she was going out, he put his Hand round her, and kiss'd her, and ask'd her to go and drink with him, which she refus'd, as what she did not use to do with a Stranger; 'till she thinking he might be some Acquaintance of her Husband's, did go in with him, and he telling her she was very like one that he had a Kindness for, ask'd her to grant him one Favour, which was to let him lie with her; and not having Money enough then about him to make her Amends, gave her the two Watches to make him a Promise to meet him the next Morning, at the Pye Tavern at Bishopsgate. The whole of this was deny'd by the Prosecutor, or that he had ever seen her, before he saw her after her Apprehension by the Constable. The Fact being plainly prov'd, the Jury found her guilty of the Indictment. Transportation .

David Kennier , of the Parish of Stepney , was indicted for feloniously stealing 3 Hundred Weight of Logwood , the Property of George Brailsford , the 4th of September last. It appear'd by the Evidence, That the Logwood was taken out of a Lighter and put into a Boat in the River of Thames. The Fact was plainly prov'd, and also by his own Confession. the Jury found him guilty of the Indictment. Transportation .

Ann Snow , of St. Buttolph's Aldgate , was indicted for feloniously stealing a Smock, value 10 d. the Goods of William Bass , the 22d of August last. The Shift being shew'd in Court, appear'd to be of no Value, and the Prisoner pleading that it was lent her by her Mistress while she nurs'd her, the Jury acquitted her.

George Belshaw , of St. Mary Islington , was indicted (together with William Brown , who pleaded guilty) for feloniously stealing 2 Shirts, value 8 s. the Property of Joseph Johnson , and William Buckle , the 28th of August last. The Prisoners were both Boy s: The Proof not being sufficient, the Jury acquitted him.

Jonas Richardson , of St. James Clerkenwell , was indicted for feloniously stealing a Shirt, value 7 s. the Goods of Evan Redworth , the 14th of August last. The Shirt was taken off a Line, as it hung up to dry, and the Prisoner was seen to take it off the Line. The Fact being plainly prov'd, the Jury found him guilty . Transportation .

John Williams , of St. Dunstan's in the West , was indicted for feloniously stealing the Goods of Charles Aten , the 18th of September last. The Fact being plainly prov'd, the Jury found him guilty to the Value of 4 s. 10 d. Transportation .

Edward Jefferies , of St. Sepulchres , was indicted for feloniously stealing a Silver Dial Plate, value 18 d. the Goods of Henry Thornton , and a Watchcase, value 7 s. the Goods of Thomas Raymund , the 5th of October last. The Fact being plainly prov'd, the Jury found him guilty to the value of 10 d. Transportation .

Nicholas Row , of St. Michael's Woodstreet , was indicted for feloniously stealing 50 Yards of Stuff, value 30 s. the Goods of John Stockwell , and Company , the 18th of September last . The Fact being plainly prov'd, the Jury found him guilty of the Indictment. Transportation .

Katherine Knox , of St. Botolph's Aldgate , was indicted for privately stealing a Bible, in the Shop of Stephen Fitzer , the 16th of September last. The Fact being plainly prov'd, the Jury found him guilty to the value of 10 d. Transportation .

Mary Kilmister , of St. Bride's , was indicted for feloniously stealing a Tea-kettle , the Property of John Walker , the 16th of September last. The Fact being plainly prov'd, the Jury found her guilty to the value of 10 d. Transportation .

Timothy Daley of St. Giles's in the Fields , was indicted for feloniously stealing a Spoon , the Property of Arthur Moore , Esq ; The Fact being plainly prov'd, the Jury found him guilty to the value of 10 d. Transportation .

Isaak Clerk , of St. Leonard's Shoreditch , was indicted, for that John Heath having stolen 50 Pair of Shoes, the Property of John Smith , the Prisoner did receive them, knowing them to be stolen . The Fact being plainly prov'd, the Jury found him guilty of the Indictment. Transportation .

John Brown , of the Parish of Chiswick , was indicted for feloniously stealing 4 Iron Links of a Chain , &c. the Property of Thomas Mawson , the 26th of July last. But the Evidence not being to the Satisfaction of the Jury, he was acquitted .

Charles Towers , and George Web , of St. John Wapping , were indicted for assaulting and robbing George Westwood , on the Highway, and taking from him 3 s. the 25th of May last. Westwood depos'd, That he being drinking at the Sign of the King Edward, at King Edward's Stairs, the Prisoners came there to enquire for some Name, and he seeing them, ran up Stairs for Fear of them, and got into a Gallery, and drop'd thence down to the Stairs that go down to the Water, and there the Prisoners seized him, carried him on their Shoulders, afterwards set him down, and led and dragg'd him into the Mint , and as they went along Towers put his Hand into his Pocket, and he had 13 s. in it, he desir'd him not to take his Money if they did design to knock him on the Head; but he damn'd him, and ask'd him what he meant by that, but kept his Hand shut. That they carried him to the Seven Cities of Refuge, and demanded his Pocket Book, look'd over his Writs, and gave him them again, but duck'd him in two nasty stinking Ducking-places, and afterwards stabb'd him, and beat him so that he was almost murthered; but he did not charge Web with taking the Money. Robert Cherry depos'd, He saw Capt. Towers with a Cutlass or Backsword in his Hand, lead Westwood out of the Back Door of the Seven Cities of Refuge into the Ducking place, and lent him his Hand out, but did not see him strike him. Upon a full Hearing of the Matter the Jury acquitted them.

Abraham Deval , of St. Martin's in the Fields , was indicted for counterfeiting a Certificate, No. 72. in the 68th Course of Payment for 52 l. 12 s. for seven Blank Lottery Tickets, in the Lottery 1723. to John Davis of Oxford. John Cog depos'd, That being invited to go with a Friend down in the Country, applying to the Prisoner to borrow his Horse, and saying his Father objected against furnishing him with Money for his Journey, he offered to lend him 20 Guineas, if he would go and sell him a Lottery-Certificate: That asking the Prisoner, Why he would not sell it himself? He reply'd, That he had it from, or it was owned by, one Johnson, and must be so endors'd; and he being a Clerk in the Lottery-Office it would not be so well for him: That he thereupon did go and sell it for 52 l. 3 s. and endorsed Johnson, according to his Direction, and carried the Money to the Prisoner, and he did lend him 20 Guineas of the Money. George Robinson depos'd, He bought the Certificate of John Cog . The Commissioners of the Lottery depos'd, It was a false Certificate: That the true Certificate, No. 72, in the 68th Course of Payment, was for 202 l. to one - Curson. That as to the Names with which the Certificate was signed, they were not written by them, though they were artfully counterfeited. Other Evidences, who were Fellow-Clerks with him in the Office, depos'd, That they did believe the filling up of the Certificate was the Prisoner's Hand-writing. The Prisoner in his Defence alledged, That he bought the Certificate in Exchange Alley, but did not know who he bought it of; and that George Robinson had sworn before the Justice, that he bought it of one Mr. Parsons. But it was contradicted that he swore it positively, but that he did verily believe he was the Man he bought it of. The Jury acquitted him.

He was also indicted a second Time, of the Ward of Cheap , for counterfeiting and forging one Blank Lottery Ticket, value 7 l. 10 s. No. 39, in the 65th Course of Payment, to one Solomon Grimstone , of Chappel, in Essex, the 7th of August last. Richard Gibbons depos'd, He bought the Ticket of the Prisoner, at John's Coffee-house, in Exchange Alley , and paid him for it 7 l. 9 s. That the Prisoner endos'd it by the Name A. Deval and he sold it again to another Person, and he carrying it to the Bank, it was found to be counterfeit. The Evidence as to the filling it up was much the same as the other, that they did verily believe it was written by the Prisoner, they knowing his Hand, he having been a Clerk in the Lottery Office : And the Commissioners depos'd, That tho' their Names were there, yet they did not believe them to have been written by themselves. Several Evidence depos'd, That searching the Prisoner's Lodgings they found nothing, but in his Brother in Law Parson's Room, in the same House, in a chest of Drawers, there was two or three Quires of Paper, and in that Paper was a Blank Certificate, and looking two or three Leaves further, they found a Ticket of the same Number, Course of Payment, and Sum, and Date, with the counterfeit Certificate, but torn in two Pieces, which the Commissioners and Officers did believe to be a true Ticket, and signed by themselves. Upon a full Hearing of the Matter, the Jury found him guilty of the Indictment. Death .

Joseph Blake , alias Blueskin , of St. Mary le Savoy , was indicted for breaking the House of William Kneebone , in the Night-time, and stealing 108 Yards of Woollen Cloth, value 36 l. and divers other Goods , the 12th of July last. Mr. Kneebone depos'd, That he having heard that two of his Neighbours had not long before been robb'd, and receiving some Intimation that his House was mark'd down to be robb'd, he did the Night that his House was broken open, with special Care see all the Doors and Windows fast when he went to Bed: That early the next Morning he found two Bars of his Cellar Window cut, the Cellar Door, which was bolted, and lock'd with a Padlock, broken, and his Goods stolen. That thereupon he went and acquainted Jonathan Wild , telling him he suspected John Shepherd : That thereupon he procured both Shepherd and the Prisoner to be apprehended. That Shepherd declared to him, after his being apprehended, that the Prisoner was with him in breaking and robbing his House; and that afterwards William Field came in as a voluntary Evidence against John Shepherd and the Prisoner. William Field depos'd, That he was not well acquainted with John Shepherd, having only seen him two or three Times, as he came to the Prisoner, who lodg'd in Field's House: And that the Prisoner ask'd him to go out with them, to rob Mr. Kneebone. But he refusing to expose himself to any Danger, saying, he did not know the House; the Prisoner said neither would he; but that John Shepherd knew it, and would undertake the doing it himself. That thereupon they went from his House in the Mint, cross'd the Water at Lambeth, and went to Shepherd's Lodgings at Westminster, and having spent the Time together from three in the Afternoon, till about twelve a Clock at Night, they went to the Prosecutor's House, and John Shepherd broke open the House, taking out the Bars of the Cellar Window, which he said he had cut a Month or more before. That he had provided himself with a Tinder-Box, &c. and he gave the Prisoner Money to buy a Wax-Candle. That Shepherd opening the Back-Door, (they standing to look out) they went in, and each of them carried away his Burden of Goods. Part of the Broad Cloth was pawned, the Prisoner going and standing at some small Distance, while he himself pawned it. The Cloth was found where pawned, and produced in Court. Abraham Mendez depos'd, That he going with Mr. Wild to bring the Prisoner to Newgate, Mr. Wild coming by the Prosecutor's House, Show'd it to the Prisoner, who reply'd, Mr. Wild, say no more of it, I know I am a dead Man, but what I fear is, after I am dead I shall be carried to Surgeons Hall and anatomized: To which Mr. Wild reply'd, He would take Care he should not, he would give him a Coffin. Quilt Arnold depos'd, That he went with the former Evidence, and Mr. Wild, to apprehend the Prisoner, and he himself going to his Chamber, bid him open the Door; but he swearing he would not do it, he burst the Door open, and he having a Pen-knife drawn, swore he would kill any Body that came in. That he reply'd it was him, and Mr. Wild was not far off; saying, throw down your Pen-knife, or I will chop off your Arm: And upon this he threw down the Knife, and he apprehended him; and he did hear Mr. Wild say to the Prisoner, I will give you a Coffin. The Prisoner deny'd the Fact, or having any Acquaintance with William Field, the Evidence; but this was proved beyond Contradiction. He then proceeded to object against the Credibility of the Evidence; but had no legal Objection to offer. He then endeavoured to colour his resisting Quilt Arnold with his Penknife, he supposing him to be a Bailiff coming to arrest him. And having no further Defence to make, the Jury found him guilty of the Indictment. Death . He then proceeded to tell the Court, That on Wednesday Morning last, Jonathan Wild said to Simon Jacobs , I believe you will not bring 40 l. this Time, I with Joe was in your Case, I am afraid he'sa dead Man. But I will do my endeavour to bring you off as a single Felon. But speaking to him (this Prisoner) said, I believe you must die, I'll send you a good book or two, and you shall not be anatomized; I'll provide you a Coffin. This is the Account he gave of the discourse between Mr. Wild and himself, but he proceed to tell the Court that he cut his Throat.

William Collins , of the Parish of St. James's, Westminster was indicted , together with John Turner not taken, for the Murder of Thomas Roberts , by beating and bruising him on the Head, Breast, &c. on the 19th of September , of Which Bruises and Blows he languished till the 6th of October, and then dy'd . He was indicted a second Time on the Coroner's Inquest for feloniously killing the said Thomas Roberts. It appear'd by the Evidence, that the Prisoner and the Deceased being in a Publick House a drinking, but not in the same Company: The Prisoner took occasion to call the Deceased a reproachful Name, which giving occasion for more provoking Language, they fell to fighting, but the Surgeons deposing that they did not perceive any Marks of Violence on the Body of the Deceased; but a great Inflammation of the Pleura and other Parts, which they did not think were occasioned by any Blows given; but that he rather died of a Fever, which they could not say was occasioned by the Blows, the Jury acquitted him.

Thomas Bruff , of the Parish of St. Leonard Shoreditch , was indicted for feloniously stealing a brown Mare value 5 l. the Property of William Sneeth the 25th of August last. The Fact being plainly prov'd, the Jury found him guilty of the Indictment. Death .

Mary Eustace , of the Parish of St. Clement's Danes , was indicted for feloniously stealing a Mug in the Dwelling-House of Philip and Thomas Lambert the 3rd of September last. It appear'd by the Evidence, that the Prisoner came to the Prosecutor's House, being the Fountain-Tavern in the Strand , to drink in Company of one George Austin a Bricklayer, and having drank 3 Pints of Wine and din'd there, had 3 Pints more after dinner, and a Mug being carried them with Drink, was immediately missing: That the Drawer having observed her when going out, to stoop and make some Motions with her Hands about her Coats, he suspected she had taken it, and she at her going away having ask'd him if he was a marry'd Man, telling him if he had occasion she was a Mantua-maker, and liv'd but over the Way, sent out the Porter in quest of her, he bringing Word where the Man and she were, he went and found the Man, calling a Coach, and going up into the Prisoner's Room found her in a stooping Posture; and immediately at his entering the Room the Mug drop'd from under her Coats, and he took it up. The Prisoner deny'd her stealing the Mug, but said George Austin set it down, in her Room, desiring it might stand there till he came back, he being going into the City, and he being gone down, she having occasion was going to make Water in it. The Jury found her guilty to the Value of 4 s. 10 d. Transportation .

Benjamin Lane , of the Parish of St. Katherine's , was indicted for stealing the Goods of divers Persons in the Shop of Thomas Butroy the 2nd of this present October. The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d. Transportation .

Esther Montgomery , of the Parish of Pancrass , was indicted for feloniously stealing divers Linen in the House of William Montague the 24th of August last. It appeared by the Evidence, that the Prisoner, assisted the Prosecutor in washing Linen, she being a Washer-woman , and took the Goods and pawn'd them. The Jury found her guilty to the Value of 10 d. Transportation .

Mary Andrews , of the Parish of St. Giles's Cripplegate , was indicted for stealing the Goods of Susannah O Brian the 4th of September last. The Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d. Transportation .

Joseph Bonshaw , of the Parish of Stepney , was indicted for feloniously stealing 60 Pounds of Sugar value 15 s. the Property of William Goodwin and Company the 27th of August last. It appear'd by the Evidence, that the Sugar was stolen out of a Lighter in the River of Thames : And the Fact being plainly prov'd upon the Prisoner, he was found guilty of the Indictment. Transportation .

Austin Richardson , and Cartwright Richardson , of the Parish of St. Giles's Cripplegate , were indicted for High Treason, in counterfeiting the current Coin of this Kingdom . They were indicted the second Time for feloniously having in their Custody, and concealing Utensils for coining , the 31 st Day of August , 1724. Henry March depos'd, that he being a Joiner or Cabinet-maker, &c. wrought as a Journeyman with Cartwright Richardson, and that both he and Austin sent him away from the Work-house (which was not the Dwelling-house) in Black Raven Court in Chiswell-street, about the latter End of February last, pretending they had some Experiments to make, by way of melting. That the next Morning he went to their Lodging for the Key of the Work house, and coming to it found Embers of Charcoal, some Crucibles and Metal. That Austin Richardson coming about 9 or 10 a Clock, he enquired what they had been doing: That thereupon he answered, that they had been making some Trials as to coining of Money, having melted Brass for that Purpose, but that he could not make it bear, but he had been told by a Friend of something that would do better, and he would try the Experiment with that. And that about the 8th or 9th of March following, they did coin with Several Metals mixt 12 Pieces in the Likeness of King Charles the Second's Shillings, and 25 Pieces in the Likeness of Half Crowns: And that the Saturday Night following he went with Austin Richardson, and he put off one of these Half Crowns at a great Wholesale Grocers in Smithfield. And that some Days after, Cartwright Richardson ask'd him (this Evidence) why he was afraid to put the Money off, telling him he had put off one of those Half Crowns at a Cheesemonger's Shop in Drury-lane over against Covent-Garden; but he reply'd, he would be no farther concern'd than he had been. And that then they bid him take care of the Tools, and he hid them under the Boards of a Floor in the Closet. That afterwards Austin Richardson was arrested, and he being with him in the Counter, he threatned to impeach him (this Witness) of Coining: Whereupon he thought best to secure himself, and therefore went to Mr. Morgan, who was ordered by Mr. Pinkney, Deputy-Warden of the Mint, to take care of the Affair of Coinage in his Absence, he being gone into the Country, and acquainted him with the Matter on Saturday the 22d of August. But being arrested on Monday on an Action of 20 l. by Cartwright Richardson, could not go to make out his Information as he had appointed Mr. Morgan, by reason that he was a Prisoner in the Marshalsea. Mr. Morgan depos'd, that March did come to him the 22d of August, and inform'd him that there were two Brothers that had been concerned in Coining, and he proposing to have them apprehended, he desired him to let it alone a Day or two longer, because one of the Brothers was out of the Way, promising he would come to him again the Monday following, but did not come; and on Tuesday a Person came to him, and told him that Cartwright Richardson had arrested March, thrown him into Prison, and so he could not come to him. That he advis'd him to get him to a Justice of the Peace to take his Examination; and that afterwards he having given an Account where the coining Utensils were, they went with an Officer to apprehend Cartwright Richardson (for Austin Richardson was then Prisoner in the Counter) at his House in Swan-Alley near St. James's, secured him, and took him with them the next Day when they went to sieze the Utensils. And taking up some Boards found them under the Floor, between the Floor and the Cieling in a Closet in Black Raven Court in Chiswell-street . Mr. Woodman depos'd, that having received a Note from Henry March, he went to him, and he giving him an Account that he had been put in Prison at the Suit of the Prisoners, that he might not give his Information against the Prisoners: He went to Mr. Morgan in the Tower, and Measures were concerned to get Justice Nichols to take March's Information, who went to the Prison to him and took it there; that he also went and talk'd with Cartwright Richardson, about arresting March, who sent for a Lawyer, to answer him; who speaking in the Plural Terms, owned, that March did not owe them 20 l. but did owe some Money, but there were some Reasons for arresting him, in such a Sum, beyond his Capacity of getting Bail, and had they known that he would have done such a Thing to hang them, they would hang him. And that when Cartwright saw the Utensils taken out, he sell into an Agony and Fit, and said, The Lord have Mercy upon him, there is enough to hang an hundred People; but said he knew nothing nothing of the Matter, but could not say as to his Brother, he had an ill Character. William Barret depos'd, that when they went to apprehend Cartwright, at Austin's House in Swan Alley, he was deny'd; but searching the House they broke open a Chamber Door, and found him, he not opening it: That when they told him, that they apprehended him for High-Treason, he reply'd, I thought so. The finding the Tools as before depos'd. was confirm'd by several Evidences; and Moulds, Crucibles, and Pieces of melted Mettal were produc'd in Court; and also a false Half Crown, which March swore was one of those coined by the Prisoners and himself.

The Prisoners in their Defence utterly deny'd the Fact, or having any Knowledge of the Utensils. As to the Utensils being found there, they insinuated they might be put there by March himself, by Way of Revenge, in that they had a Difference, he having pawned two of Austin's Clock Cases, and stole their Tools, for which they had threatened to arrest him; whereupon he threatened, That if they did, he would hang Austin. That March did come to Cartwright's House, on Sunday the 23 d of August (the Day after he had been and accused them to Mr. Morgan in the Tower) and desired to have the Key of the House in Black Raven Court, (where the Tools were found) under Pretence of showing it to an Acquaintance of his Wife's, a Midwife, in Order to take it, and kept the Key two Hours and a half, in which Time he might hide the Tools there, in Order to carry on his Plot against them. That he had the Key was prov'd by two Evidences, and that he kept it near two Hours, by one of them, though March pretended he brought it again in Half an Hour; but he did not produce this Midwife, or any Person, that did want to see it, in Order to take it. And it was highly probable, the Reason was, that when he went on the Saturday to Mr. Morgan, and gave him Notice of two Brothers, he did not consent to compleat his Information, not go immediately to apprehend them, but put it off till Monday, that he might have an Opportunity to get the Key on the Sunday, and put the Tools there: Which was more probable, in that his Pretence was, That Austin was out of the Way, when at the same Time he knew he was in the Compter. That as to their arresting him, it was not to prevent his proceeding in his Impeachment against them, but he did really owe them 4 l. 6 s. and call'd Evidences to prove it. That the Reason of arresting him for so much beyond that Sum was, Because they were bound for him in several Sums. And though he was not arrested 'till the Monday after he had informed against them, they knew nothing at all that he had done so; and though the Process against him was not Serv'd upon him, it had been entred Several Days before. To lessen the Credit of March's Evidence, they urg'd, He was a Person of an infamous Character, had pawn'd their Goods, stole their Tools, and did this in Revenge, because they had threatened to arrest him, for what he stood indebted to them. That he had been more than once convicted of Perjury, had stood in the Pillory at Rochester, and had burnt a Ship; but they had not Records to prove it. They call'd a great many Persons to their Reputation, who gave them a good Character. The Court also observ'd, in Favour of the Prisoners, That the Proof of the putting off the two Half Crowns, the one by Austin, the other by Cartwright, depended intirely on the Credit of March's Evidence, and that the Persons to whom they were said to be put off, tho' living at no great Distance, were not produc'd in Court, who might probably remember that they had about that Time taken such Money. Upon a full Hearing of the Matter, the Jury acquitted them of both Indictments.

Benjamin Tyrrel , of St. John's Hackney , was indicted for feloniously stealing a Brown Mare, value 6 l. the Property of Christopher Johnson , the 2 d of February last. It appear'd by the Evidence, That the Mare was stolen from Stoke Newington , and sold to one Kemp by the Prisoner. The Prisoner pleaded, He bought the Mare of one Farmer Whiting , and call'd Evidences to prove it. The Jury acquitted him.

Thomas Faircloth , of St. Dustan's Stepney , was indicted for feloniously stealing a Gander , the Property of , the 11th of August last. But the Fact not being plainly prov'd on the Prisoner, the Jury acquitted him.

Ann Cheyney , was indicted for marrying a second Husband, a first Husband being alive . But both Marriages being both before the last Act of Grace, she was acquitted .

Ann James , of St. Andrew's Holborn , was indicted for feloniously stealing a Moidore, 3 Guineas and a half , the Property of Luke Parot , the 22 d of July last. The Prosecutor depos'd, That he met the Prisoner and another Woman in Gracechurch-street, he being in Drink, and that they went in a Coach to Hatton Garden , and being ask'd, What he went there for? He reply'd, He could not tell, being in Liquor; but, perhaps, to do what he should not do: But when he came out of the Coach he had lost his Money, yet he could not say the Prisoner took it. The Jury acquitted her.

John Tailor , and Eli Reed , were indicted for breaking the House of William Woolley , in the Night-time, and stealing a Quilt, value 40 s. the Goods of Mary Thompson , the 10th of June last. The Prosecutor's Wife depos'd, The Shop was broken open, and the Goods were taken away; and they were taken by the Watch upon the Prisoners. The Prisoner John Tailor pleaded, That he going Home saw two Men talking, and they ran away, and he found the Things upon the Bulk. Eli Reed pretended, He met with Tailor, and he ask'd him to help him to a Lodging; and he told him he would do it, and he then desir'd him to carry a Bundle for him. The Jury acquitted them of the Burglary, but found them both guilty of the Felony . Transportation .

Mary, the Wife of Miles Allison , of St. Martin's in the Fields , was indicted for feloniously stealing the Goods of Mary Allen . The Fact being plainly prov'd by the Prisoner's Confession, the Jury found her guilty to the Value of 10 d. Transportation .

John Cleg , of St. Dunstan's Stepney , was indicted for feloniously stealing a Gold Ring, value 10 s. the Goods of Mary Spencer , the 1st of April last. It appear'd by the Evidence, that the Prisoner came to pave a Yard with Brick, and perswading the Prosecutor to lay a Brick, and she doing it, she sent for some Ale, and as they were drinking it, he pull'd the Ring off her Finger, and made Excuses for not returning it, 'till at last he swore he had given it her, which she deny'd. It appeared rather a Trespass than a Felony, whereupon he was acquitned .

Lawrence Simpson , and Mary Davis , were indicted for feloniously stealing 4 Pewter Plates , the Goods of John Williams , the 11th of August last. But the Prosecutor and Evidence not appearing, the Jury acquitted them .

Fredrick Discount , of St. Butoloph's Aldgate , was indicted for feloniously stealing a Perriwig, value 25 s. the Property of Edward Thompson , in the Shop of Edward Maplesdon , the 5th of July last. It appeared by the Evidence, that the Prisoner being at the Barber's Shop, he was treating about buying the Wig, offering a Guinea for it; but Thompson not allowing he should have it under 25 s. the Prisoner said he would have nothing to do with it, hung it on the Block, and he put it in the Box. That he afterwards took the Wig unknown to him, and carried it away. The Prisoner pleaded, He bought the Wig, that Maplesdon had him take it, and Maplesdon came to ask for him, and said he wanted 25 s. of him, for a Wig he bought of him: And afterwards told him another Time, when he said to him he was sorry he should take out a Warrant against him, That it was his own Fault, because he would not pay him for it. The Jury acquitted him.

George Wood , of St. Mary le Bone , was indicted for feloniously stealing a Bay Horse, value 4 l. the Property of John Polsen , the 18th of June last. It appear'd by the Evidence, That the Prosecutor lost the Horse, and that the Prisoner, who was an Under-Bailiff to the Bishop of London, took it as a Stray Horse: It was put into the Pound, publickly apprais'd, and afterwards publickly sold. There being no Ground for a Charge of Felony, the Jury acquitted him: And the Court granted him a Copy of the Indictment.

Henry Murphy , of St. Giles's in the Fields , was indicted for feloniously stealing divers Wearing Apparel , the Property of Thomas Wilbey , the 16th of August last. It appear'd by the Evidence, That the Prosecutor left his Cloaths with his Sister, and he found them on the Prisoner's Back. The Prisoner pleaded he had the Cloaths from his Wife, who was the Prosecutor's sister, whom he married on the 19th of August, three Days after. It not appearing that he stole them from the Prosecutor's sister, the Jury acquitted him.

William Harvey , of St. Giles's in the Fields , was indicted for breaking the Dwelling-house of Thomas Cross , in the Night-time, and stealing the Goods of Stephen Tone , and Robert French , the 23 d of November last. It appear'd by the Evidence, That James Collins , George Tailor , and the Prisoner were intimate Acquaintance: And that the Prisoner was in the Warrant for the apprehending Tailor and Collins, who have been since convicted; and he absconded, and they were informed he was gone to France, and they could not meet with him, 'till he was put into Newgate for another Fact. Elizabeth Butterworth depos'd. That William Harvey, the Prisoner, and George Tailor came to her Mistress, and sold a Suit of Clothes, which French the Prosecutor swore were his. The Prisoner entirely deny'd the Fact, or that he ever was with Tailor at the selling the Suit of Clothes. The Jury found him guilty to the value of 4 s. 10 d. Transportation .

Thomas Hulls , of the Precinct of St. Katherines , was indicted for feloniously stealing the Money of Thomas Prior , the 9th of August last. It appeared by the Evidence, That the Money was left in a Chest in a Barge, to which the Prisoner belonged as a Servant ; That it was all in Half Pence. The Prisoner pleading he laid out the Money for Mr. Prior's Use the, Jury acquitted him.

Joseph Ellison , of St. Giles, Cripplegate , was indicted for that, whereas Isaac Deering was at the Sessions the 25th of April last convicted for stealing 13 Hundred Weight of Iron, the Goods of Joseph Trueman , and Company , the Prisoner did receive them, knowing them to be stolen . Isaac Deering deposed, That he did sell 13 Hundred Weight of Iron that he had stolen from Mr. Truman, &c, for a Penny a Pound. That he told him that it was stolen, and where he had it. And he told him, Let him bring as much as he would he would buy it. But the Prisoner calling several Persons to his Reputation, who said they liv'd by him, and gave him a good Character, the Jury acquitted him.

Elizabeth Smith , of St. Martins in the Fields , was indicted for assaulting Edward Lob , and taking from him two Guineas, and 20 s. in Silver , the 19th of July last. The Prosecutor deposed, That he having come from his Work at Windsor, it being near 12 a Clock at Night, and being weary, he sat down on a Bench in Bear-street , and the Prisoner and a Man came and sat down by him, and enter'd into Discourse with him, pretending she had travelled 30 Miles too, and was weary and dry, and he saying, That he should be glad to drink, pull'd out his Purse to pay for a Pint, but presently suspecting them put it up again, upon which the Man jump'd up upon the Bench and pulled him down backwards, and the Prisoner took the Money out of his Pocket, and ran away, but describing her to the Watch, she was apprehended, and he had 30 s. of his Money again. He was positive she was the Person. And the Watchmen confirmed the return of the 30 s. and that they knew her to be a loose Person, and had seen her a little before about the Place where the Prosecutor was robb'd, and knew her by his Description. After a full Hearing the Jury found her guilty of the Felony, but not of the Robbery . Transportation .

Sarah Roberts , of St. Mary Staining , was indicted for feloniously stealing divers Goods of Richard Saunders , the 11th of August last. It appeared by the Evidence, That the Prisoner was Servant to the Prosecutor. The Fact being plainly proved, the Jury found her guilty to the Value of 39 s. Transportation .

Frances Slade , of St. Giles in the Fields , was indicted for privately stealing 2 Guineas and a half from a Person unknown , the 2d of September last. Thomas Isham deposed, That the Prisoner came to his House and called for Geneva, and showed him a handful of Gold, he believes 18 or 20 Guineas; and to convince him it was Gold, put 2 Broad Pieces into his Hand. - Lion, a Watchman, deposed, he met her about 12 or 1 a Clock, and She wanted him to light her home, and she giving him a Shilling he saw a handful of Gold. That he gave Notice to John Hare , who acquainted the Constable; and when they went to her Lodging they heard her say to a Woman that was in Bed, get up, you Bitch, and get me a Coach, as I may be gone; I have got Money, and if I don't get away I shall be hang'd. John Hare deposed, That he having given the Constable Notice, he went and brought her to the Watch-house, and asking her for the Money, she replied, it was in her private Parts; she dropped 2 Guineas and a half from her, and had half a Crown and some Half pence in her Pocket. John Penney the Constable depos'd, That the Watchman giving him Notice, that the Prisoner had got a great deal of Gold, and that they believed she had picked some Body's Pocket, he went with some Watchmen to her Lodgings, and the Night being still, and they making no Noise, heard a Woman's Voice in the Prisoner's Room say, I am sorry you have miss'd the Watch. That the Prisoner (for he knew her Voice) answered, no matter, I have got all his Gold; and said, you Bitch, go get me a Coach, I'll give you a Guinea. That a Person, he supposes a sort of a Servant, going out of Doors, he put in his Staff, and went in, and took her to the Watch-house, and examining her where the Money was, she would not own having any Money; but he ordering the Watch to search her, she said the Money was not in her Pocket, but it was in her Privy Parts (but she made use of the plain Name.) And saying, that she was not as she ought to be, and not fit to be search'd, but if they would let her alone she would search her self, they did permit her, then she stoop'd down, and putting her Hand under her Coats, a Guinea dropped on the Ground, afterwards half a Guinea, and then another Guinea; and he saw that she had nothing in her hand before. That he saw no more Money, but half a Crown in her Pocket, and some Half pence, &c. which she said was her own, and they gave that to her again; but he did suspect that at the same Time that she pretended to pull out the 2 Guineas and a half, she did put the rest further up, because she afterwards owned there were 6 or 7 more in the same Place, and owned, that as she was standing at Stone-Cutters Alley , a Gentleman came to her, and asked her, what she stood there for? She told him, she stood there to wait for Money and good Company; whereupon he laid her down on the Stones, and lay with her, and while he was Doing her over, she put her Hand into his Pocket and took some Silver; and having a mind to try farther, she put her Fingers into his Fob Pocket, and took out his Gold, and then she thought she was at home; and when he had done with her, she told him she could not stay, and so went away from him. And added, That the Gentleman told her that he had never been better pleased by any Woman in his life. The Constable also deposed, That he put an Advertisement into the News, and a Person came and demanded the Money, but said it was not his, but a Gentleman's that would not appear. Upon which he told him, the Person must come himself, and give some Satisfaction the Money was his, because there were some Expressions between the Prisoner and Gentleman at that Time, which had been communicated to him, and would be Tokens that he was the Owner thereof. The Prisoner, before she began her Defence, demanded the 2 Guineas and a half that were in the Constable's Hands, promising, that then she would give an Account how she came by the Money. The Judge promising, that if she did give a good Account of it she should have it, she gave the following Account: That as she was, about 8 a Clock at Night in Great Queen-street and had just been drinking a Dram or two, a Gentleman came up to her, and took hold of her, and took her Stick out of her Hand, and she desired him to let her alone, and give her her Stick, for she was dark sighted, and could not go home without it; that then he laid her down upon the Ground, or Stone at a Gentleman's Door; that she cried out, and he thrust his Hand in his Pocket and gave her a whole handful of Money, as much as her Hand would hold, and then 2 Men coming by making a Noise, the Gentleman went away and left her. Then afterwards she did go to Isham's House, and called for Geneva, and did show the Money to him, to know what it was being dark sighted, and being glad to hear it was Gold, gave him a Crown Bowl of Punch, bought a Riding Hood, and other Clothes of his Wife, for her Rigging before was very mean. That she did give the Watchman a Shilling to light her home, and paid her Landlady a Guinea, she owing her Money, and in the interim of the Time the Constable and Watch came and carried her to the Watch-house, and took her Money from her. The Fact being plainly proved, the Jury found her Guilty . Transportation .

Charles Towers , and John Web with John Bowler , , John Tibs , &c. of the Parish of White-Chappel , were indicted for riotously assaulting the House of Henry Brookbank , being in Company of 60 other Persons arm'd with Swords, Staves, Clubs, &c. in white Shirts with their Faces black'd, and putting him in danger of his Life, and feloniously stealing 12 Pounds of Tobacco, 14 s. in Money, a Stone Bottle of Liquors , the 15th of August . The Evidence against the Prisoners not being to the Satisfaction of the Jury, they acquitted them.

Charles Towers , of the Parish of St. Paul's Shadwel , was indicted a third Time, for breaking the House of George Westwood , and feloniously stealing a Hatcher , the 11th of August last. It appear'd by the Evidence, that the Prosecutor's House was assaulted, the Door burst open, and the Hatchet taken out of the Prosecutor's Wife's hand, and she being knock'd down with it. the Hatchet was carried away. The Jury found him guilty to the Value of 10 d. Transportation .

He was indicted a fourth Time, of the Parish of White-Chappel , for feloniously stealing a Silver Spoon value 10 s. the Goods of Mr. Huggins , the 14th of September last. The Prosecutor depos'd, the Prisoner and several others of his Accomplices came to his House, and he having not been well, had been eating Broth, and the Spoon stood in a Poringer in the Chamber, and Charles Towers took the Spoon and carried it away; that he called after him, bidding him not carry away the Spoon, but he did carry it quite away. The Jury found him guilty to the Value of 4 s. 10 d. Transportation .

Simon Jacobs , alias Joseph Guest , of the Parish of St. Dunstans in the West , was indicted for feloniously stealing 2 Guineas, and 3 s. 6 d. in Money , the Property of George Harcourt , the 8th of August last. The Prosecutor depos'd, that his Desk in the Crown-Office had been broke open 3 Times, and he lost Money, and enquiring of the Maid who she gave the Key to that Night, she told him to the Porter's Son; then examining Thomas Charlton the Porter's Son, he owned, that he had gotten the Key at the Desire of the Prisoner and 2 more, the one called White Will , and the other Jeremiah Hill . He describ'd their Persons and Haunt, and the Prisoner was taken up by the Boy's Description and Account; That the two Persons before mentioned, and Prisoner, broke open the Desk with the Poker, and took out Money, he could not tell what, but they gave him 2 Guineas. The Jury found him guilty of the Indictment. Transportation .

Philip Goodwin , was indicted for a Misdemeanour, for tearing a Receipt that he had given for 6 l. 6 s. for the Interest of 60 l. for 6 Months . But there being a Defect in the Indictment, he was acquitted .

John Lowen , of the Parish of St. Mary le Bow in the Ward of Cheap , was indicted for privately stealing a Silk Handkerchief, value 2 s. 6. from the Person of Nicholas Bland the 19th of October last. It appear'd by the Evidence, that as the Prosecutor was going along Cheapside he lost his Handkerchief, and the Prisoner being Suspected was apprehended, having that Handkerchief in his Hand, and 6 more in his Pocket. The Jury found him guilty to the Value of 10 d. Transportation .

He was also try'd a second Time, for stealing 4 Handkerchiefs from Persons unknown : But of this he was acquitted .

Jenkin Bulcock , of the Parish of St. Botolph's Bishopsgate , was indicted for feloniously stealing 7 Yards of Dowlas, a Pair of Stays, and other Goods , the Property of Anne Tooth , Spinster , the 17th of June last. But no Evidence appearing against him, he was acquitted .

Bartholomew Bradley , of St. Bartholomew's Exchange , was indicted for feloniously stealing a Silver Spoon, value 7 s. the Property of Thomas Jackson the 19th of August last. It appeared by the Evidence, that the Prisoner calling for a Gill of Wine, and a little Sugar in a Spoon, carried away the Spoon. The Jury found him guilty . Transportation .

John Corney , of St. Bennet's Gracechurch , was indicted for feloniously stealing 3 Pounds of Glue, value 1 s. the Goods of Thomas Plumstead , the 4th of September last. The Fact being plainly prov'd, the Jury found him guilty to the value of 10 d. Transportation .

Isaac Walsum , alias Walson , of St. Sepulchres , was indicted for feloniously stealing a hat, value 10 s. the Goods of Henry Smithson , the 10th of September last. The Fact being plainly prov'd, the Jury found him guilty to the value of 4 s. 10 d. Transportation .

Hannah Sheppard , alias Lawson , of St. Christopher's Broadstreet , was indicted for feloniously stealing the Goods of Thomas Davis , the 8th of September last. The Fact being plainly prov'd, the Jury found her guilty to the value of 4 s. 10 d. Transportation .

Julian , a Black was indicted for feloniously stealing 20 Guineas , and burning the House of Elizabeth Turner , the 8th of August last. Mr. Turner depos'd, That the Prisoner was Servant to his Mother; and that the Night laid in the Indictment, he being in Bed, smelt a Smoke, and got out to see what was the Matter; and going into one Chamber, found it all on Fire, and it broke forth with such Violence that the Family narrowly escaped with their Lives. That supposing it was done by some Body in the House, he examined the Prisoner, and he owned the Fact, as he did also before Sir Francis Forbes . His Confession was read in Court, wherein he owned he had some Days before taken 20 or 30 Guineas, and being in Fear left it should be found out, did put a Candle under the Sheets in a Room up one Pair of Stairs, and went away and left it, with a Design to set Fire to the House, and to burn not only that, but all that were in it. That he fetch'd down the Guineas, and threw them into the Canal in the Garden. The Fact being plainly prov'd upon the Prisoner by his own Confession, the Jury found him guilty of the Indictment. Death .

Lewis Hussar , of the Parish of St. Leonard Shoreditch , Labourer , was try'd upon the Appeal of Solomon Rondeau , Brother and Heir of the Deceased, for the Murder of Ann Hussar , his Wife , by cutting her Throat with a Razor , the 26th of February last.

After some considerable Debate: concerning some Preliminaries between the Counsel for the Appellant and Appellee, they agreed to join Issue upon the Prisoner's Plea, which contain'd some Matters in Bar, and others in Abatement.

The Matters contained in the Defendant's Plan, were as follows:

1. That there was another Appeal (besides that to which he now pleaded) yet depending and undetermin'd.

2. A Misnomer, that his Name was not Lewis, but Loui.

3. That the Addition of Labourer was not right, for that he was a Barber Chirurgeon , and not a Labourer.

4. That there were no such Persons in rerum natura, as John Doe and Richard Roe (mentioned as Pledges in the said Appeal.)

5. That Solomon Rondeau was not the proper Appellant, for that one Henry Rondeau was Brother and Heir to Ann Hussar, and Solomon was her Brother and Heir.

6. That he was not guilty of the Fact charged in the Said Appeal.

The Defendant failed in the Proof of his Plea: For it appeared, as to the First, by the Records of the Court, that the former Appeal was quash'd, and so not depending, as the Defendant had pleaded.

To the Second, It was prov'd by the Prisoner's own Hand-writing, that he had used to write his Name Lewis, as set forth in the Appeal. And further it appeared by the Records of the Court, that he had owned that Name, and had before pleaded, in two former Indictments, the same for Murder, and the other for Bigamy. And besides that he had usually answered to that Name.

Thirdly, That as to the additional Title of Labourer, he had also pleaded to that Title or Addition, in two former Indictments. To this the Prisoner call'd two Evidences, the one of which depos'd, That he work'd as a Journey-man or Servant, to our Mr. Fradden, and did not carry on the Trade as a Master. The other depos'd, That he was bound Apprentice to him not long before last Christmas: By which is appear'd he was now no other than a Servant and Labourer.

Fourthly, As to that Article, That there were no such Persons in natura return, or now existing, as John Doe and Richard Roe, one Evidence depos'd in Court, That there were two such Persons now existing, and living in Middlesex, the one a Weaver, the other a Soldier.

Fifthly, To the fifth Issue, That Solomon Rondeau was not the true Appellant. Mrs. Rondean depos'd, That she had no Children but Salomon Rondean , and Ann Rondeau , whom the prisoner had murdered; And that Henry was but a Half Brother to the Deceased, he being by another Venter; and that Solomon was Brother and Heir of the Deceased.

Sixthly, As to the Plea, That the Appelles was not guilty of the Fact. To prove him guilty the following Evidences were produced.

James Ainsworth, or Hensworth , depos'd, That he was thirteen Years of Age, last Michaelmas; and that last Winter, the Night that Ann Hussar was murdered, about or between seven or eight of the Clock, as he was standing near the End of Swan Alley in Shoreditch, the Prisoner came to him, and asked him, If he would go of an Errand? That he reply'd, Yes: That then he ask'd him, If he knew one Mrs. Rondeau? To which he reply'd, No. That the Prisoner told him, he would show him the House; and would give him a Penny to go thither, and tell Mrs. Rondeau that a Gentleman wanted to speak with her immediately, at the Black Dog Alehonse, in Bishopsgate street. That the Prisoner went with him into Swan Alley, within one Door of Mrs. Rondeau's, and bid him go down the Steps, and ask for her, and do the Message. That he did so, and Mrs. Rondeau said, She would come presently. That when he came out of the House, the Prisoner seem'd to be doing his Needs, and he gave him a Penny, and asked which Way she went, and he telling him towards the Street, he bid him go about his Business. Being interrogated by the Prisoner's Counsel, How he could see him at that Time of Night, so as to know him again? He reply'd, That he saw him plainly by a Lamp, meaning, as he afterwards explain'd it, a Glass light, or Lanthorn, hung up at a Butcher's Stop, near the End of Swan Alley, where the Prisoner talk'd with him: That he had on at that Time whitish Clothes. And being several Times interrogated about it, be constantly affirmed, He was the very Man that had sent him to Mrs. Rondeau's House, that Night and Time the Murder was committed; and that Mrs. Rondeau was the Woman that he did the Message to. And she likewise depos'd, that he was the very Boy that did bring that Message to her. He added, That he knew him again in Newgate, and singled him out at the first Sight, from all the rest, without the least Hint or Intimations given him.

Daniel Grenoe deposed, That when the Boy went to see the Prisoner in Newgate, he was led up by Mr. Reuse and another Man; and, that he would not let any Body go up that knew the Prisoner, that they might not give him the least hint; and, that there were 7 or 8 Persons in the Room. That the Boy, immediately upon seeing him, said, This is the Man. That the Prisoner said, Child, What do you mean? You don't know me. That he answered, you gave me a Penny to go to Swan Alley, and when I came out you were doing your Needs. That the Prisoner said, If I had known of your coming I would have been provided for you.

Martha Bread and Wine deposed, That that Night the Murther was committed, as she was going for a Pail of Water, she saw a man between 7 and 8 Clock; and also a Boy, and that the Boy stood looking in the Man's Face, as if he was speaking to him. That this was about 6 Doors from the House of Mrs. Rondeau. That the Man was for Person and Stature exactly like the Prisoner; and the Boy of the same Stature. She confirm'd the former Evidence, that the Man had a whitish Coat on; and, that she saw the Boy go down into Mrs. Rondeau's House.

Martha Rhubarb deposed, That she dwelling in Swan Yard, saw a Man walking to and fro about the Door Where she dwelt, to the best of her Knowledge about eight a Clock at Night: That she went in and came out again, and saw the same man standing between two Posts, over against the House where she dwelt, and afterwards saw him speaking to the Boy, saying, Which Way is she gone? and the Boy made Answer, towards Shoreditch: And he had on a two-tail'd Wig, a whitish Coat, and his Hat slapped over his Face. That the Man was of the same Stature, and Person with the Prisoner; and the Boy of the same Size or Stature with James Ainsworth, the first Evidence.

Margaret Pinet deposed, She also saw a Man in Swan Yard that Night, which ask'd her what it was a Clock, and what Country Woman she was; and was sure the Prisoner was the same man, and she knew him again in Newgate, and particularly by his Voice and his Clothes.

Mrs. Rondeau deposed, That the Boy, the first Evidence, came to her, and told her a Gentleman wanted to speak with her at the Black Dog Alehouse, and it was the very Boy that stood by her in Court. That she went to the Black Dog in Shoreditch, and found no Person there that wanted to speak with her. That when she went out, she left her Daughter, Ann Rondeau , winding Silk by the Fire-side, and the Door on the Latch; and when she return'd, found the Door open, and her Daughter's Throat cut to the very Neck-bone. Being ask'd as to the Prisoner's former Behaviour to his Wife, she answered, It was very bad, he had ruined her twice; and having been arrested, he ran away to Holland, and left her to shift for her self; and when he came back, pretending he had taken a House, he got her Goods in a Cart, and bidding her go one Way, while he want another, pretending to meet her, in Order to go and live together, he carried away the Goods, and sold them, and never came near her for a long Time afterwards. That he had given her Poison (as for believes) twice, which both Times caused her to vomit; the first Time but little, telling her, It was Marlborough Stone; but the second Time he gave her something be called Conserve of Roses, which she taking about six a Clock in the Evening, set her a writing for three Hours in the most violent Manner. That after the Vomiting was over, she lay motionless and sensless, so that she thought she had been dead, for several Hours after it, and that she was always complaining after that. Being asked concerning her Daughter's Wound in the Throat, if it was haggled, or seem'd to be done with a Sharp Instrument? She reply'd, It was but one Cut, and as if done with a sharp Instrument.

Mrs. Walbridge depos'd, that the Prisoner had a Room in her House in Swan-Alley in Coleman-street, that he came to her House as near as she could guess between 7 and 8 a Clock at Night, and desir'd a Candle, and went up Stairs to his Room, and having dress'd himself came down in about a Quarter of an Hour, and when he came down, he had on a whitish Coat under a great Coat, and also a Sword and Cane, and that the great Coat was never heard of afterwards.

That after he was taken up he sent to her, and she fetch'd a Man to him, he being then in the condemned Hold; and he sent them to pawn a Suit of Clothes, which they did, and gave him 2 Guineas, one of which she changed into Silver; and that when the Man was gone, he desir'd her not to say that he was at her House the Night the Fact was committed. That she went to him another Time, and said to him, Mr. Hussar, I wish you had been sick in your Bed when this happened, because it has caus'd so much Trouble to you, and every Body. That he reply'd, he was not sorry for it; for if it had not happened now, it would have happened at another Time. And this was after he had had his first Trial.

Mary Hill depos'd, that she liv'd with the former Evidence, and deposed to the same Purpose; adding; that both the under Coat and great Coat were whitish; that as she thinks he came there between 6 and 7, and staid there about a Quarter of an Hour.

Claudius Praddin depos'd, that the Prisoner, some considerable Time before the Murther was committed, ask'd leave of him to let him have the Use of his Shop, to make a Whig or two in, which he gave him; and in the way of Discourse, he asked him how he could give himself those Airs as he did, in pretending to court young Women, when he had a Wife already. That he reply'd, she signified nothing. That if he found one he lik'd be could prosecute her, and she could be burnt for her Religion, for she was a Socinian, and it was no more Sin to kill her, than to kill a Dog.

Mrs. Sprags depos'd, she dwelt in Bishopsgate street near the Work-house, and that Elizabeth Hern his present Wife, being her Acquaintance, came to pay her a Visit the Night the Murther was committed, and her Apprentice came with her, and that after they had been there sometime and supp'd, she having given the Apprentice a Plate of Victuals, he had just eaten it up, when the Prisoner came to her House. That it was then betwixt 8 and 9 a Clock, by this Token, that the Maid came and ask'd her, if she might not shut up the Shop, for her Neighbour had, and it was past 8 a Clock. That as the Prisoner was sitting musing and melancholy, she took notice of it, and said to him, You seem to be uneasy; and that soon after, he catched up his Cane which stood by him, and started up in a sort of Surprize, which was so visible, that she desir'd to know the Reason of it. To which he reply'd, he was much Surpris'd, left Mr. Sprags her Husband should come in, and see him in that Pickle. To which she made answer, he was very well; And told the Court that he then was dress'd as well, and she thought better, than when she had seen him before.

Charles Cotterel depos'd, that he having some Acquaintance with the Prisoner, they having been Neighbours, went to see him in Newgate: He sent for him by a Porter twice, about 3 Sessions ago, and treated with him concerning being an Evidence for him, and desired him to swear that he was drinking with him in an Alehouse in Newgate-street, at the Time when the Murther was committed. That the Prisoner owned to him, that he had given a Boy a Penny to call her Mother out, and had indeed given her a Touch with his Razor, not thinking of killing her. And that he sent to him another time, and then promised him, if he would be an Evidence for him as before proposed, he would give him a new Suit of Clothes, a new Shirt, and 20 Guineas, and that this was the Day before the Sessions began. That he objecting against doing it, the Prisoner reply'd, there was no more Harm in taking a false Oath, than in common Cursing and Swearing.

This being the Sum of the Evidence for the King, the Prisoner in his Defence call'd the following Evidences.

Edward Satchwel depos'd, that he met the Prisoner about half an Hour after 6 a Clock the Evening that the Murther was commited, and said he was going to Grey Friars, and he saw him about 7 a Clock, and left him about half an Hour after 7.

Mary Hern depos'd, that the Prisoner came to her Mother's House, in Prince's Court in Lothbury, between 7 and 8 a Clock, to see if her Mother was gone, and her Sister ask'd him to stay, but the Maid said to him, Mr. Hussar, you don't consider what a Clock it is; he ask'd her what a Clock, and she reply'd between 7 and 8.

William Bradley depos'd that on the 26th of February, he saw the Prisoner about 7 a Clock just by the Exchange. The Prisoner desir'd this Evidence to be ask'd if he did not ask him then to give him a Pint of Wine for Socket Money. He answer'd it was the Drawer at the Vine Tavern that did.

He call'd also Francis Pike , who was his new Wife's, Mrs. Hern's Apprentice, what Time it was when he came to Mrs. Sprag's. He reply'd, it was betwixt 8 and 9.

Elizabeth How depos'd, that Charles Cotterel , the Evidence before mentioned, was a sorry drunken Fellow, and she had heard him in several Tales concerning Mr. Hussar, as that he had given him half a Guinea to go to a House, and offered him 10 Guineas. and 20 Guineas, and the Like.

The Prisoner call'd some Persons to his Reputation.

The Prisoner was out of Temper with some of his Evidences, and would persuade them they depos'd more to his Advantage at his former Tryal; but his Displeasure had no influence on them to say what he would have them, nor could his Counsel, nor Solicitor, give him Satisfaction, as to the Management of his Cause. Neither did he behave himself, at the Bar, with that Temper and Humility it became him. However, after the Evidence had been impartially summoned up, the Jury went out, and after a short Stay, brought their Verdict in as follows.

As to the Questions.

1. Being ask'd, if the Prisoner's Name was Lewis, Whether they found for the Appellant or Appellee? they found for the Appellant.

2. As to the Addition of Labourer? they answer'd, they found for the Appellant.

3. If there were such Persons, as John Doe and Richard Roe? they answer'd, they found for the Appellant.

4. As to Solomon Rondeau's being the true Heir of the Deceased? they answer'd, they found for the Appellant.

5. Whether the Prisoner was guilty of the Murther laid to his Charge, or not? they answer'd, Guilty .

[Death. See summary.]

Robert Fitz Simonds was indicted for the Murther of Charles Middleton , by giving him one mortal Bruise on the left side near the Crown of the Head, on the 26th of September last, of which he languished till the 6th of October, and then died . He was indicted a second time, upon the Coroner's Inquest, Mr. Cooling depos'd, That he invited Mr. Fitz Simonds to drink, in a Part of the Fleet-Prison , call'd The Yorkshire House; and that there was with him Mr. Maclean, who also press'd Mr. Fitz. Simonds to drink as well as he, and that Mr. Middleton came up when they had drank one Pot. That Maclean propos'd a Health, (God's King, God's Church, and God's People.) Upon which Mr. Fitz Simonds desir'd him to explain himself, and because he did not, he threw the Mug of drink at him, and thereupon a Scuffle ensued between the Prisoner and Mr. Maclean, and they were both down on the Bed, but he saw no Blow given to Middleton, but that he went to part them. William Maclean depos'd, that Mr. Cooling and himself did invite Capt. Fitz Simonds to drink, but he refused till they pressed him, and he promised to treat him, that he did propose this Health, God Almighty's King, God Almighty's Church, and God bless us all. That the Prisoner said, why do you not name King George. That Mr. Cooling set the Mug down on the Table, and the Prisoner call'd him (this Evidence) Jacobite Rogue, and took the Mug and threw the Drink in his Face: That he wip'd his Eyes with his Fingers, and thinks he might say to the Prisoner he would not take it. That thereupon the Prisoner clos'd with him, and ran him down on the Bed, and they were parted, and the Prisoner took up a Chair, but he saw no Blow given with it, and they were fallen on the Bed again, and when they got up, Middleton had had a Blow, and said, Let who would part them he would not, for he had gotten a broken Head, but did not say who gave it. Henry Raynes depos'd, that the Prisoner, and Cooking, and Maclean, were drinking in his Room, and Middleton came in when they had drank one Bottle. That Maclean proposing the foresaid Health, and refusing to name King George, the Prisoner threw the Drink in his Face, and so the Quarrel began. That he saw nothing of any Blow given with a Chair: But while the Prisoner and Maclean were scuffling on the Bed, the Prisoner being undermost, the Deceased (Middleton) being near the Side of the Bed fell down, and hit the left Side of his Head against the Edge of a Bench, he took him up, and wash'd it with Brandy, for it bled. That they stay'd some Time afterwards, and were reconciled; and the Prisoner expostulating, with Maclean, why he would not explain himself, he call'd for Brandy, and did drink King George's Health: That they went away together, and that Middleton stay'd after them. That he did not see any Chair in the Prisoner's Hand, but he said he was sorry for Middleton's being hurt; and Maclean also depos'd the same, adding, that the Prisoner said he did not intend it for him. Raynes added, that some Time before, the Deceased complained to him of his not being well. Mrs. Middleton depos'd, That her Husband said he had received a Blow from Mr. Fitz. Simonds, but it was not designed for him. The Surgeon depos'd, He did believe that the Bruise on his Head, was the Cause of his Death. The Prisoner in his Defence gave the same Account of the Occasion of their Meeting and Quarrel that the other Evidences had done, saving that upon his urging Maclean to explain himself, whether by God's King he meant King George, that Maclean should reply, He was the Devil's King; and Cooling being call'd as to that, said, Maclean said, If he is not God's King, he is the Devil's King. The Prisoner pleaded, That he told the Evidence Maclean, that he having the Honour to bear the King's Commission, would not bear to hear such Expressions; and if he would not explain himself, and drink King George's Health; he should go out of the Company. That he took up no Chair, nor did strike the Deceased, and that while they were down on the Bed, Maclean being uppermost, having gotten his Finger in his Month, and bit it half off, they getting up found the Deceased had received a Hurt, but he knew not how it came. It appear'd by all the Evidences, That there was the utmost Friendship between the Prisoner, Deceased, and all the rest of the Company, till the unhappy Dispute arose, and that before they parted they were reconciled. That the Deceased did not charge the Prisoner with giving him the Blow; nor did any of them say, that they saw any Blow given by the Prisoner to the Deceased; and by the Evidence of Raynes it appear'd to have been rather the Effect of his Fall against the Bench. The Prisoner call'd some to his Reputation, who gave him the Character of a peaceable, inoffensive Person, and upon a full Hearing of the Matter, the Jury acquitted him of both Indictments.

Michael Cannon , William Perkins , John Heath . The three last Convicts former Session

N.B. Jonas Richardson , for stealing a Shirt, by Mistake in the Trial, said to be found guilty, was acquitted .

The Trials being over, the Court Proceeded to give Judgement as follows, viz.

Received Sentence of Death, Seven.

Julian, a Black, Joseph Blake , alias Blueskin, Thomas Bruff , Moses Ouseman , Abraham Deval , Katherine Knox , and William Grove , for the last of which the Jury desir'd the Favour of the Court. The Sentence of Lewis Hussar is respited till the 30th of November next.

To be Transported, Forty Four.

William Francis , Thomas Armitage , Robert Barnet , William Bucknel , Jeremiah, Edwards, Willoughby Fielding, John Yaugh , John Newport , Joseph Watson , John Williams , Edward Jefferies , Nicholas Row, Mary Kilmister , Sarah Robert , Frances Slade , Isaak Berry , Fransis Jakes, Joseph Bonshaw , Mary Davis , Elizabeth Smith , Elizabeth Cordwell , Sarah Baker , John Harrison , Richard Moroby , Sarah Dawson , David Kennier , William Brown , Timothy Dalay , Isaak Clark , Charles Towers , Mary Enstace , Elizabeth Smith , Esther Montgomery , Mary Andrews , John Tailor , Eli Reed, Mary Allison , William Harvey , Isaak Walsum , John Corney , Bartholomew Bradley , Simon Jacobs , alias Joseph Guest , John Lowen , Hannah Sheppard , alias Lawson.

Burnt in the Hand, Six.

John Darby , Ann Spur , Dorothy Ford , Michael Cannon , William Perkins , John Heath . The three last Convicts former Session .

To be Whipp'd, Two.

Priscilla Hilliard , Benjamin Lane.