Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 31 October 2014), January 1725 (17250115).

Old Bailey Proceedings, 15th January 1725.

THE PROCEEDINGS ON THE KING's Commission of the Peace, AND

Oyer and Terminer, and Jail-Delivery of Newgate, held for the CITY of London, and COUNTY of Middlesex, at Justice-Hall in the Old-Baily,

On Friday, Saturday, Monday, and Tuesday, being the 15th, 16th, 18th, and 19th of January, in the Eleventh Year of his MAJESTY's Reign.

BEFORE the Right Honourable Sir GEORGE MERTTINS , Knt. Lord Mayor of the City of London, the Lord Chief Baron Eyre , Mr. Justice Dormer, John Raby , Sergeant 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 Tidman ,

John Glover ,

Samuel Saunders ,

Nathanael Russel ,

Joshua Walfry ,

John Marsh ,

Henry Clifton ,

William Wackett ,

John Lewis ,

Robert Smith ,

Dryden Leach ,

William Bell .

The Middlesex Jury.

John Prater ,

Henry Goddard ,

Thomas Baker ,

Joseph Wootton ,

Francis Gouge ,

John Gouge ,

Thomas Worsey ,

Francis Brounker ,

Edward Wren ,

Samuel Lee ,

Hugh Lloyd ,

Thomas Daniel .

John Best , of S. Giles's Cripplegate , was indicted for privately stealing a Gold Ring value 8 s. the Goods of John Johnson , on the 10th of December , last. It appear'd that the Prisoner came to cheapen a Ring, and putting one upon his Finger, ran away with it; but was stop upon the Cry at Stop Thief. Guilty 4 s. 10 d . Transportation .

Edward Johnson , of S. Mary le Bow , was indicted for privately stealing from Eliz. Graham a Pocket value 2 d. one Guinea, four Shillings, a Pair of Scissars, two Keys, and a Pair of Silk-Gloves , on the 27th of December last. It appear'd that on Sunday Night, about 6 o'Clock, the Prisoner met the Prosecutor in Cheapside: He thrust his Head under her Coats, and took away her Pocket. She presently mist it, cry'd out, ran after him, and stopt him; when others coming to her Assistance, they took him to an Alehouse. They could not find any of the Goods upon him; but he offer'd to make Restoration if they'd let him go. Guilty Val. 10 d .

Thomas Doncaster , of S. Gabriel Fenchurch , was indicted for stealing a Suit of Drugget Cloaths value 30 s. the Goods of Daniel Man , on the 23d of December last. It appear'd that the Prisoner was the Prosecutor's Bedfellow; that they were drinking together, and wanting Money to pay the Reckoning, the Prisoner said he could find a Way to Supply that Deficiency, and so going out, he went to their Lodging, took the Prosecutor's Cloaths, pawn'd them to Mr. Rudge as the Three Balls in Hounsditch for 28 s. and returning with the Money to the Prosecutor, they spent it all betwixt them before they parted. Guilty Value 10 d . Transportation .

George Craft , of S. Katharine Coleman , was indicted for stealing a Hogshead val. 8 s. the Goods of William Brett , on the 2 d of January last. But the Jury acquitted him.

John Hobbs , (a little Boy ) of Aldgate , was indicted for privately stealing a Cork-Screw value 2 s. two Boxes value 7 s. 6 d. a Silver Ring, and other Things , the Goods of John Bracey , on the 23d of Dec. last. It appear'd that while the Prosecutor was busy in his Shop, the Prisoner took the Goods out of the Shew-Glass. He was seen by a Neighbour, who stopt him, and the Goods were taken upon him. He confess'd before the Justice, that he, in Company with another Boy, nick-named Kiddy Madge , had committed other Facts of the same nature, and sold the Goods to - Cummins, not far from the Red Lion in the Old Mint, near the Square. Guilty Val. 4 s. 10 d . Transportation .

Benjamin Baldry , (a little Boy ) of Alhallows Lombard-street , was indicted for stealing 17 Pair of Worsted Stockings val. 40 s. and three Pair of Silk Stockings val. 30 s. the Goods of Francis White . It appear'd that the Prisoner was the Prosecutor's Errand-Boy , and sold the Goods for 2 s. to 2 Scotchman, who he said seduced him, and promis'd him 2 s. more. Guilty Value 10 d . Transportation .

Elizabeth Gandy , of St. Alban Wood-street , was indicted for privately stealing a Hat value 7 s. the Goods of William Tranter , on the 6th of January last. Guilty Value 4 s. 10 d . Transportation .

John Hewlet , of S. Andrew's Holborn , was indicted for the Murder of Joseph Candy , by giving him with a Staff a mortal Bruise on the Left Side of his Head, on the 26th of December last, of which he instantly died . He was a 2d time indicted on the Coroners's Inquisition for the said Murder. Edward Newman (Son-in-Law to the Deceased) and Richard Wright deposed, that on Saturday about Midnight, going to see for the Deceased, who was a Watchman in Fetter-Lane, they met the Prisoner (another Watchman) with two Staves and two Lanterns, but no lighted Candle. Did you see my Father? (says Newman.) Yes, (said the Prisoner) he lies dead at Dr. Lad's Door in Castle-Yard . Dead! Yes, dead, I saw him fall. And why did not you raise him up again, and call somebody to his Assistance? D - ye, reply'd the Prisoner, do you think that I kill'd him? One of the Staves and one of the Lanterns which the Prisoner then had in his Hands, appear'd to be the same that the Deceased had at the time of his Death. Ann Hall (Servant to Mr. Steel) deposed, that about Midnight she sent their Boy for a Peck of small-coal, and held the Door a-jar till he came back; and in the mean while she heard a hoarse Voice say, If you had been a Gentleman, I would have used you like a Gentleman; but as you are a Watchman, I'll use you, like a Watchman, if you don't go about your Business. The Boy then came in, and told her that a Watchman was knock'd down. Joseph Wait (a Boy aged 13) deposed, that going for the Small-coal about half an Hour past 11, he saw a Man with a Lantern coming by the Prisoner's Watch-house in Castle-Yard. The Prisoner demanded, Who's there? And the other answered, A Friend. Whither are you going? About my Business. D - yes, says the Prisoner, if you are sawcy, I'll send you to Bridewell. Some other Words pass'd, and the Prisoner came out, knockt him down at Dr. Lad's Door, and then went into his Watch-house again. Eliz Reeves (in Magpye-Yard near Castle-Yard) deposed, that after 12 o'Clock, she heard a Cry of Stop Thief, and looking from her Window, saw two Men run by with Staves and Lanterns, and one of them said in a hoarse Voice, Now I have ye, and I'll smash ye By G - . They pass'd the End of the Yard, and one of them returning, was met by two or three more, who said to him, Did be knock down you, or you him? The hoarse Voice answer'd, I knock'd him down. It appeared that the Prisoner was very hoarse at that time. John Glover deposed, that hearing of the Death of the Deceased, he went to see him, and going through Magpye-Yard, he met the Prisoner with two Staves and two Lanterns, and said to him, Lord bless me! how came this Accident? Why, said the Prisoner, he came by my Stand, and I called to him; but be made as Answer, and so I stept out and took him a Knock. These Words raised 2 Suspicion; upon which the Prisoner was apprehended, and committed to Bridewell. Francis Hemmit deposed, that a little before 12 the Prisoner came drunk to his Stand, (at Mr. Bird's Door in Castle-Court) and without any Provocation began to be very quarrelsome, swearing, calling him ill Names, and striking him two or three times. Hemmit desired him to get out of his Beat, or he'd make him forfeit Sixpence. (Such a Forfeit being, customary among the Watchmen, if one comes into the other's Beat.) Mr. Bird then came to the Door, and threaten'd the Prisoner that he would charge a Constable with him, and send him to Bridewell; upon which the Prisoner was very free of his ill Language to Mr. Bird, and concluding with G - damn it I'll make a Sacrifice of somebody to Night; he went away. Great Part of this was confirm'd by Mr. Bird himself. John Clark deposed, that coming to see the Deceased, who lay on the Steps of Dr. Lad's Door, he happen'd to spy something White within Dr. Lad's Palisades, and dragging it out, found it to be a Piece of the Deceased's Neckcloth; for by comparing it with the other Piece that was then about the Deceased's Neck, it appear'd to have been torne from it, and afterwards thrown over the Palisades. Both the Pieces were produced in Court, and matched exactly. Robert Lugg deposed, that coming into Castle-Yard, he saw the Deceased lying dead on the Stone Steps, his Lantern with a lighted Candle in it, and his Staff standing by him, and the Prisoner walking to and fro before him. He asked the Prisoner if he knew who it was that lay there, or how he came by his Death; to both which Questions the Prisoner answer'd in the Negative. He (this Deponent) then went away, and coming that Way again soon after, he found the Deceased lying in the same Place; but neither his Lantern, Staff, nor the Prisoner, were then to be seen there. Other Witnesses confirmed that Particular of the Prisoner's owning that he saw the Deceased fall, and that he (the Prisoner) was a very abusive quarrelsome Fellow. Mr. Keatly the Surgeon depos'd, that on the Wednesday after the Death of the Deceased, (which was on Saturday Night) he view'd the Body, and making an Incision cross wise on the Left Side of the Head, he found a Contusion about the Breadth of a Shilling. He then took off the Pericranium, but found no Fracture in the Skull. There was also a deep Bruise in the Left Shoulder but he thought it very unlikely for a Contusion in that Place to prove mortal. As for the Bruise in the Head, he thought it might probably be the Cause of his Death; but he could not be positive. It appear'd, he said, to be done by a Blow with a Staff: But it being demanded if it was not possible that such a Bruise might be received by a Fall, he answered, Yes.

The Prisoner in his Defence said, that the Deceased had been subject to the Apoplexy; that he had often seen him fall into such a Fitt, and that it was in such a Fitt that he dropt down at Dr. Lad's Door. That soon after, a Gentleman coming up the Yard, he went to light him in at Doors; at which time 2 or 3 Fellows coming out of Holborn, took up the Deceased's Lantern and Staff which stood by him, and ran away with'em, which he (the Prisoner) seeing, ran after'em thro' Magpye-Yard, and cry'd, Stop Thief. They finding that he pursu'd 'em, threw away the Staff and Lantern, and got off. He took 'em up and brought 'em back, which was the Cause of his being seen by several with 2 Staves and 2 Lanterns. Mr. - depos'd, that coming up Castle-Yard, he saw the Prisoner walking about very drunk, and the Deceased lying on Dr. Lad's Steps, whom he at first thought to be drunk too; but the Prisoner assured him that he was really dead. The Prisoner then lighted him to his Door, and 2 or 3 Men coming by the Deceased, took away the Lantern and Staff. The Prisoner pursu'd 'em, and as drunk as he was, brought the Lantern and Staff back again; at which time some other Watchmen (whose Depositions have already been mentioned) met him with the 2 Staves and 2 Lanterns. He added, that he believed that these Words, I'll smash you by G - were spoken by the Prisoner to one of the Men that took the Deceased's Staff and Lantern. Mr. Steel depos'd, that his Boy Jos. Wait had told his Wife, that he knew nothing of the Matter, but gave his Evidence before the Coroner by the Maid Anne Hall's Persuasions: That he knew the Boy to be much addicted to Lying; for which, and some other Misdemeanors, he had since turn'd him away. Anne Hall was then called up again, and said, that as she had no Reason to do it, so she never did, in the least, persuade the Boy to say any thing about it; but that the Boy said she persuaded him, merely to escape a severe Whipping, which his Mistress and young Master threatned him with. The Boy was then called up a second time; He said his Mistress was going to strip him stark naked; and that Robert steel (his young Master) took the Horse-Whip, and Struck him once with it, threatning not only to whip him then in a terrible Manner, but afterwards to send him to Bridewell, except he would confess that the Maid had persuaded him to swear, as he did before the Coroner; and that the Fear of such Treatment made him say any thing that they desired of him. Rob Steel acknowledged, that knowing the Boy to be addicted to Lying, he did strike him once with a Whip, and threatned him farther, if he did not confess the Truth, which was all that he desired of him. Stephen and Samuel Candy , (Sons to the Deceased) and several others, in Contradiction to the Prisoner's Assertion, depos'd, that the Deceased was never known to have a Fitt of the Apoplexy, not was it likely that he tell down being drunk, for that they saw him but about an Hour before his Death, and he was then as sober as a Judge, besides, it could never be thought that an Apoplectick Fitt would fear the Deceased's Neckcloth, and throw Part of it over the Palisades. Charles Walter depos'd, that the Prisoner had been his Servant some time ago, and then behaved himself like an honest, harmless, inoffensive Fellow. One or two more spoke in his Behalf to the same Effect. The Jury, after a long Consideration, found him guilty . Death .

Anthony Dumont , of S. Martin's in the Fields , was indicted for stealing a Silver-Hilted Sword, value 25 s. and a Hat value 14 s. the Goods of Henry Baxter , on the 19th of Aug. last. The Prisoner being a Frenchman, and understanding no English, an Interpreter was sworn upon the Tryal. Mr. Baxter depos'd, that he living at the French Resident's in Suffolk-street , the Prisoner (whom he had some Knowledge of) came thither to get a Pass for France. He (the Prosecutor) going up Stairs, the Prisoner, before he came down again, was gone away with the Sword and Hat that hung on a Peg below, and had left his own Hat in the room of 'em. By making Enquiry, and describing him, he was afterwards taken by a Soldier in Southwark, with the Sword-Hilt in his Pocket. He confessed the Fact , and the Court granted him a Pass to his Majesty's Plantations .

William Lipsat , of S. Giles's, in the Fields was indicted for stealing in the House of Robert Kelway 57 Guineas and a half, 29 Carolus's, 5 Jacobug's, 3 Moidores, 6 Pieces of Silver value 12 s. a Silver Buckle set with Stones, and 2 Purses value 12 d. the Goods of Robt. Kelway , on the 9th of Dec. last.

Robt. Kelway depos'd, that going out of Town on the 9th of Dec. he left the Money and Goods in the Indictment lock'd up safe in the Drawers of his Scrutore, and remaining the next day, he was told that his Servant (the Prisoner) had robb'd him, and was committed to the Round-House. Edward Higginson depos'd, that about 11 at Night the Prisoner came to him, and desired to lie with him, which he granted, and the next day the Prisoner shew'd him a Watch, 2 Snuff Boxes, (which he had bought the day before) several Pocket-Pieces, and other Things, which raised a Suspicion in the other that they were not honestly gotten. He therefore caused him to be apprehended. The Constable and Watchman depos'd, that upon searching the Prisoner, they found 50 Guineas and a half, 30 Broad Pieces, 3 Moidores, 2 Snuff-Boxes, and a Common-Prayer Book. He confes'd before Justice Ellis, that he broke open his Master's Scrutore, and took from thence the Goods mention'd in the Indictment. His Confession was read in Court, and the Jury found him guilty . Death .

William Jobson , of S. James's Westminster , was indicted for stealing a Silver Tankard value 7 l. a Silver Porringer value 4 l. a Silver Cup value 5 l. 2 Moidores, 2 Broad Pieces, 6 Guineas, and a Box value 8 d. the Goods and Money of William Barns , in the House of William Barns , on the 24th of Dec. last. The Council of the Prosecutor opened, that Mr. Barns having married a rich Widow, and the Prisoner having had some Acquaintance with her before this last Marriage, he came to visit her while her Husband was gone out, and persuaded her to, &c. -

William Barns depos'd, that going out about Noon to receive some Money, he left the Goods and Money in the Indictment last locked in the Chest of Drawers which stood in his Bed-Chamber, and delivered the Key to Jane his Wife. He returned about 6 in the Evening, and soon understood that she was eloped with the Prisoner. The Chest of Drawers were fast lock'd, and the Key left in the Window; but when he came to open 'em, all was gone. When his Wife Jane came home again, she confessed that she had taken the Money away. The Prisoner desired that the Prosecutor or his Wife might be asked, if they did not know that Plate was his, (the Prisoner's,) and that he lent it to Jane the Prosecutor's Wife before her last Marriage. Mr. Barns did not care that his Wife Jane should be examined in Court. The Jury acquitted the Prisoner.

Alexander Cameron , of the Savoy , was indicted for the Murder of Tho. Crew , by giving him one mortal Wound between the 2 Forefingers, of the Length of 1 Inch, and Depth of 2 Inches, of which he languished till the 3d of January , and then died . He was a 2d time indicted on the Statute of Stabbing: And a 3d time indicted on the Coroner's Inquisition for the said Murder. It appeared by the Evidence of the Brother and Widow of the Deceased, and several others, that the Deceased kept a Victualling-Cellar , and that the Prisoner came down in the Night and enquired for - Foreside, a Soldier. The Deceased's Wife said to him, You have no Occasion to ask that Question, for you know as well as I that he's in the Savoy. The Prisoner then Shaking his Fist, reply'd, D - your Blood, you Bitch, I'll be revenged of you for what you said to him. Some of the Company desired him to be either quiet, or go away; but he continued very troublesome. A Recruit, who was then drinking in the Cellar, stept to him, and thrust him up Stairs. In the Struggle the Prisoner drew his Sword, push'd at the Recruit, and scratched him in the Neck. The Recruit retired, and the Deceased seeing him bleed, went to the Stair foot and called the Prisoner Rogue and Villain, for drawing upon a naked Man. You Black-guard Dog, says the Prisoner, come hither, and I'll serve you the same Sauce. Upon this, the Deceased stept up 2 or 3 Stairs towards the Prisoner, (there being but 7 Stairs in all) and the Prisoner standing at the Top, thrust his Sword down, and stuck it into the Hand of the Deceased, between the 2 Forefingers. The Prisoner then went away, but returned several times that Night to the Stair Head, calling'em ill Names, flourishing his Sword, and swearing that he would stab every one of them. The Deceased received this Wound about 7 of the Clock on Monday Night. They washed it with Geneva; his Hand swell'd, and was very painful. Tuesday, Wednesday and Thursday, he went to a Surgeon, who dressed it, and gave him something to bathe it. The Surgeon depos'd, that he saw the Deceased no more till the Sunday following, at which time he died of a Fever; but could not say that the Wound was the Cause of the Fever and consequently of his Death. Another Surgeon open'd the Wound after his Death, but said, that he did not believe it to be mortal. The Prisoner in his Defence said, that the Recruit struck him first kickt him, and thrust him up Stairs, the Decreased and others followed with Broomsticks to drive him away. Upon which, he was forced to draw in his own Defence, but did not know how the Decreased happened to receive that Wound; and that the Deceased afterwards receiv'd a great Hurt by falling down Stairs with a Barrel of Beer. Several Witnesses depos'd, that they saw the Deceased 2 or 3 days after he received the Wound, going about his Business as usual. That having a Barrel of Beer on his Shoulder, he fell down, and the Barrel rolled over him: Upon which he cry'd out to his Wife, O! my Dear, I am gone! That a little before his Death, his Wife asked him if that Rogue Cameron (the Prisoner) was not the Cause of his Death And he answered, No. The Jury acquitted him of the 1st and 2 d Indictment, and found him guilty of Manslaughter on the 3 d. Burnt in the Hand .

Eliz Schooling , Ann Williams and Anna Maria Belson , of S. Martin's in the Fields , were indicted for privately stealing from Thomas Dunn 9 l. 9 s. on the 4th of January last. The Prosecutor depos'd, that being to go abroad with two Countrymen, and expecting to pay a bill before he came home again, he put 16 Guineas into his Purse. They went together to see Westminster Abbey, and from thence came to the Horseshoe Tavern in Drury-Lane about 6 at Night, and staid till between 9 and 10. By which time he got tolerably drunk; and parting with his 2 Friends at the Door, he presently met with another, but of a different Sex. Great was their Joy at meeting, and away they went, Transported with Pleasure, to the Lady's Lodgings in Castle-Yard , where he found the 3 Prisoners. They drank Geneva till they could hardly see one another; and then taking out his Purse to pay the Reckoning, he found but 7 Guineas left out of the 16. But where or how the Money was lost, was more than he could tell; for all that he knew of the Matter, was, that it was gone, and that he got nothing for it, but a little Gin, and a little * * *

Anna Maria Belson , in Defence of herself and the other 2 Prisoners, said, that the Prosecutor came to their House with a Woman, both he and she being so drunk, that they fell down together as soon as they came in. They got up again; he called her his Dear Mother; she bade him kneel down, ask her Blessing, and kiss her * * *. He obey'd. But hark ye me, Son, says she, I understand that you lead a very fine Course of Life: You make a common Practice of getting drunk, and spending all that you have upon naughty Women, while your poor honest Wife and Daughters here, (pointing to the Prisoners) have had nothing to eat these 3 days. I have a good mind to whip you severely. Indeed Mamma, it's no such thing. What, do you deny it, Sirrah? Here, fetch me the Rods. Will you do so any more? No, never. Well! get you to Bed, and behave yourself as you ought to do, or i' faith I'll tickle your Toby. His Mother then took him up Stairs, where they two staid together about half an Hour; and when they came down again, he took out his Purse to pay the Reckoning, and said he had lost 9 Guineas. Upon which his Mother bade him good Night, There being no Proof that either of the Prisoner's had the Money, the Jury acquitted them.

Ruth Corket , alias Calcot, and Eliz Bridger , of S. Clement Danes , were indicted for privately stealing from Wm. Sterling a Silver Pepper-Box value 25 s. on the 26th of Dec. last. Wm Sterling depos'd, that about 4 of the Clock on Saturday in the Afternoon, he was drinking a Dram at a Chandler's Shop in New-street, Fetter-Lane, where Bridger came in, and invited him to her new Lodgings at Corket's; where she said she had got a Seal to cut; for she knew that he was an Engraver . He went, and stand with them all Night, and till Sunday in the Evening. In which time he got drunk and crazy, but did not remember that they went to Bed together. But as soon as he was got out of the Door, he mist the Box, and going back, charged them with it. They told him he should not have it again, except he would pay 17 s. which he was forced to give 'em a Note for, and then they returned him the Box. Corket in her Defence said, that Sterling pawn'd the Box to her for 10 s. that he spent in Drams, (with which he treated all Comers) 5 s. that she lent him, and 2 s. that Bridger lent him. She called some Witnesses, who said that they believed her to be an industrious Woman. She had lately kept a Cook's Shop; but she now got her Living by letting Lodgings to young Men and Women, washing Linnen , Shaving and Bleeding , on which last Account she said she kept a Dram in the House, for fear any of her Patients should faint under the Operation. The Jury acquitted them.

Eliz. Crisp , of Alhallows, Lombard-Street , was indicted for stealing a dead Goose value 3 s. the Goods of John Deal , on the 8th of Dec. last. To which Indictment she pleaded guilty . Burnt in the Hand .

William Brian , of S. Andrew's Holborn , was indicted for stealing 2 Iron Bars value 4 s. the Goods of Francis Wilkinson , on the 14th of Jan. last. To which he pleaded guilty . Transportation .

Edward Johnson , alias Pollet , was a second time indicted for returning from Transportation before the Expiration of 7 Years . To which Indictment he pleaded guilty . Death .

William Arguis , of S. Margaret's Westminister , was indicted for stealing Half a Crown , the Money of Benjamin Beddow , on the 30th of Nov. last. Eleanor Beddow depos'd, that her Master (the Prosecutor) keeps an Alehouse . Wm Killiner , Rich Page , and the Prisoner, were drinking by the Fire-side . She ask'd if either of 'em could give her Change for Half a Crown. Upon which the Prisoner snatch'd it out of her Hand, and put it into his Pocket, and then threw a Piece of a Tobacco Pipe into the Fire, pretending that it was the Half Crown that he threw there. They raked all the Fire out, and sifted the Cinders, but could find nothing of it. Killiner and Page confirm'd the Maid's Evidence, and added, that when the Prisoner went away, he said, D - it, it can't be Transportation. The Prisoner in his Defence said, that the Maid desiring him to change the Half-Crown, he, took it out of her Hand, and threw it into the Fire, saying, What, do you put an Affront upon me? Do you ask a Journeyman Carpenter to change Half a Crown on a Monday Morning? That the Prosecutor came to him at Night, call'd him Rogue, and beat him: For which he arrested the Prosecutor; and the Prosecutor, in Revenge, indicted him. He called several to his Reputation, and the Jury acquitted him.

Harris James , of S. Gregory's , was indicted for stealing from Tho. Howard one Guinea on the 10th of December last. Tho Howard depos'd, that being a Stranger in London, he met three Men, and enquired the Way to Lothberry: They told him they were going thither, and would shew him. They went into a bye Alley, where they stopt to play at a Game that they call'd Prick at the Garter, and asked him (the Prosecutor) to play with them. He told them he did not understand it. Phoo! says one of them, that signifies nothing, I understand it better than either of them. - I'll go your Halves for Half a Crown, and I'll engage you shan't lose. He (the Prosecutor) then took out a Guinea, which one of them snatch'd from him, and gave to one of the other, and bid him hold Stakes. The Prisoner then collar'd the Prosecutor, and swore that he ow'd him a Shilling; and while they two were quarrelling, the two others ran away. The Prisoner in his Defence said, that coming by where the Prosecutor and two more were at play, they invited him to make 24th Man; that he knew nothing of the Guinea; but having won a Shilling of the Prosecutor, he desired him to pay him; which the Prosecutor not only refused, but raised a Mob, and charged him with the Robbery. Guilty . Transportation .

Maria Wells and Katharine Bennet , of Paul's-Wharf , were indicted for stealing 8 Sacks, val. 18 s. the Goods of John Miller , on the 10th of Dec. last. Guilty . Transportation .

Ann Hussey , of S. Andrew's Holborn , was indicted for privately stealing from James Hughs 8 Shillings, and a Piece of Silver, value 4 s. on the 6th of Dec. last. James Hughs deposed, that going along Shoe-Lame in a very dark Night, the Prisoner catched hold of his Arm, and, My Dear, says she, where are you going? Won't you give me a Pint? You sawcy Bitch, (says he) what should I give you a Pint for? By - , says she, I will have a Kiss then; and throwing one Hand round his Neck, he felt the other in his Pocket. Rot your Impudence, for a corrupted Toad, says he; do you want to pick my Pocket? He push'd her from him, felt for his Money, mist it, stopt her, and she cry'd out Murder. The Prisoner in her Defence said, that as she was passing by the Prosecutor, he threw his Arm round her, and would needs go home with her. They went together to a Neighbour's House, where he gave her 2 s. to occupy her. He would have lain with her all Night; but because she refused, he charged her with picking his Pocket. Guilty to the Value of 4 s. 10 d . Transportation .

John Short , of Aldgate , was indicted for stealing a Silver Tankard value 8 l. the Goods of Edward Jones , on the 9th of January last. It appear'd that the Prosecutor keeps an Alehouse at the Fiery Beacon in Duke's-Place , and on Saturday Night the Prisoner (who had formerly been his Servant ) came in and called for a Pint of Beer, and while the Maid was gone backward, took away the Tankard, and went off, without either drinking his Beer or paying for it. He confess'd the Fact, and that the Tankard was sold by two Women to William Field in Southwark for 56 s. Guilty to the Value of 39 s . Transportation .

James Smith and Elizabeth Hunter , of Kensington , were indicted for stealing two Silver Chains val 4 s. 8 d. one Gold Chain val. 5 l. 5 s. one Copper-gilt Chain, 4 s. 6 d. two Brass-gilt Chains, 10 s. 6 d. nine gilt Brass Hooks, 10 s. a Camlet Clock 20 s. and other Things , the Goods of Jacob Wallis , on the 26th of Dec. last. Jacob Wallis being dead, the Goods were found upon the Prisoners. They said they bought them of the Deceased, and there being no Proof that they were stolen, the Jury acquitted them.

Joseph Picken and Thomas Packer , of Hornsey , were indicted for assaulting Charles Cooper on the Highway, putting him in Fear, and taking from him a Knife, a Fork, and a Pair of Scissars, value 2 s. 6 d. one Carolus, a Half Guinea, and 56 s. 6 d. in Silver , on the 19th of December last. Charles Cooper deposed, that on Saturday between 9 and 10 at Night, as he and John Knight (of East-Barnet) were riding down the hollow Way beyond Highgate (between the Pump and the Brick-Kilns) they were attacked by the two Prisoners, who bid them stand, made them dismount, searched them, and turned their Horses loose. They found no Money upon Knight; but Picken took from this Evidence a Knife, Fork, and a Pair of Scissars, all in one Sheath. He said he would keep them for Luck; and then taking some Money from him, he left him to Packer, who rifled him of the rest, the whole amounting to between 5 and 6 l. Charles Hussey , Constable, deposed, that between Twelve and One the time Night, a Watchman called him to go to the Six Cans in Monmouth-Court, Holborn, where two or three Men were quarrelling. He went thither, and Picken, as soon as he saw him, said, I charge you with that Fellow, for he's a Pick-pocket, pointing to one Henry Hudson . Sir, says Hudson, I charge you with those two Rogues, (the Prisoners) for they are a Couple of Highwaymen; I have taken these two Pistols from them. Upon this, he searched the Prisoners, and found the Knife and Fork upon Picken, and several Parcels of Money upon both of them. Then Picken told him that he rented the Tap at the Mermaid at Windsor, and came to Town to pay 50 l. to Sir John Tash ; that Packer was his Friend, and only came to bear him Company, and that they brought the Pistols for their own Security. However, he carried them to the Round-house, and from thence before Mr. Justice Ellis, where they were desir'd to shew the Receipt for the 50 l. paid to Sir John Tash. Pickers said it was in his Pocket-Book, which was in the Coat that he pluck'd off when he shifted himself at the Round-House; and that Packer's Wife had taken that Coat to her Lodgings in Parker's-lane in Drury-Lane, or else to his own Lodgings in Cross-Court, which was not far distant from the other. A Man was sent to search at both Places, and a Pocket-Book was found, but no Receipt in it. This increasing the Suspicion, the Justice order'd them to be examin'd apart. They both agreed, that they hired the Horses of Mr. French at the Pavior's-Arms by Smithfield-Bars to go to Windsor, for 4 s. and that they set out between 3 and 4, and rode to Brentford. Picken said one of the Horses was a Grizzle-grey and the other a Bay; and that it growing dark when they came to Brantford, they changed their Minds, turn'd their Horses, and rode directly back again, without once alighting, or stopping to drink either at Brentford or any other Place upon the Road. But Packer said that both the Horses were says, that they slope to drink at several Places on the Road, and at Brentford alighted, drank Ale and Brandy, and staid about half an Hour. The Prisoners were committed to New-Prison; and several Countrymen that used Smithfield Market having; been lately robb'd, the Knife and Fork that were taken from them were left at Joseph Winsmore 's ( the Lock and Key in Smithfield ) to see it any body would own them. There they were found by the Prosecutor. The Knife was branded in the Handle with C.C. It was produced in Court, and sworn by the Owner to be the same that the Prisoners took from him. J. Winsmore deposed, that he went with the Prosecutor to see if he knew the Prisoners in New-Prison. They saw Pickner hast, who said, I know what you come about; I am a dead Man: I was advis'd to make myself an Evidence against Packer. I might have done it last Sunday; but now it's too late. - French deposed, that on Tuesday, Thursday, and Saturday, the Prisoners hired two Horses of him, one a Grizzled-grey, and the other a Bay: At each time they came about 4 in the Afternoon, and always told him they went only to the Upper Flask at Hampstead. They commonly return'd between 10 and 11, as in particular they did that Saturday Night the Robbery was committed, and came in then very dirty and splash'd. The Prisoners said nothing in their Defence, only Picken told the Court, that he found the Knife in Smithfield. Elizabeth Mason deposed, that the Prisoners came into her House at Cow-Cross one Minute before 10 o'Clock that Saturday Night: She remember'd the Time exactly, because Puken ask'd for her Husband; and she look'd upon the Clock, that she might tell her Husband at what Time Picken had been to enquire him; and that she did not observe that they were dirty when they came in. The Jury found them both guilty . Death .

William Lewis , Charles Abbot , and Mary Abbot , of S. Margaret's Westminster , were indicted for stealing a Pair of Brass Shivers, val. 50 s. the Goods of William Wallinger , on the 8th of Sept. last. Lewis was found guilty of Felony, Transportation . And the two Abbots acquitted .

Thomas Kilkup , William Kilkup , and William Watson , of S. Margaret's Westminster , were indicted for feloniously stealing 90 lb. of Lead val. 30 s. the Goods of the Parishioners of the said Parish, on the 9th of December last. They were a 2d time indicted for a Misdemeanor, in unlawfully taking (with Francis Chevers ) 120 lb. of Lead from Westminster-Abbey , the Goods of the , on the 9th of Dec. last. They were acquitted of the Felony, and found guilty of a Trespass on each Indictment . Twelve Months Imprisonment .

Francis Chevers was indicted for the same Misdemeanor ; but the Jury acquitted him.

Mary Loveday and Elizabeth Wood , of S. Martin's in the Fields , were indicted for privately stealing in the Shop of Mary Carlisle 34 Yards of Linnen, val. 34 s. the Goods of Mary Carlisle on the 26th of Dec. last. It appear'd that the Prisoners went into the Shop to cheapen Aprons. and took away the Goods. They were perceived by a Neighbour, who brought them back, and they deposited 'em in the Shop. The Jury found each of them guilty to the Value of 4 s. 10 d . Transportation .

John Vaughan , Edward Quin , and Frances Dun , of Stepney , were indicted for breaking and entring the House of John Norman , and stealing from thence 75 Yards of strip'd Cotton, val. 8 l. 6 s. 8 d. 220 Yards of Cotton Check, value 14 l. 13 s. 17 Yards of Holland, value 35 s. and 10 Caps value 5 s. the Goods of John Norman , on the 18th of December , in the Night time .

Anne Norman depos'd, that about 8 at Night, Dun and Quin came into her Shop at Limehouse , and bought a Pack of Cards. They gave her a Guinea to change, and observing the Woman to look very much about the Shop, and now and then to laugh upon the Man, She suspected the Guinea was not good, and was unwilling to change it; but Dun tore the Cover off the Cards, which made them untie for Sale, if she had taken them again. So that at last she gave the Change to Dun, who told it over several times. She lighted them out, and shut fast the Hatch and the Door after them, and went backwards; but soon after, some body knock'd at the Door; and when she opened it, she saw 2 of her Neighbours with Vaughan, the Prisoner, and a Parcel of her Goods which had just been taken out of her Shop. Jo Norton and John Hall depos'd, that going to drink at a Friend's House, they saw 2 Men and a Girl whispering together at the End of an Alley, opposite to Norman's Shop. Says Hall, I don't like the Looks of those Fellows; I believe they are Bailiffs. Prithee, John, step over and observe 'em. It being a Moon-light Night, he went by them, looked wishful in their Faces; and returning to Hall, told him, that they looked more like Thieves than Bailiffs. Upon this they watch'd 'em, and by and by they saw Vaughan go along with a Bundle upon his Shoulder. They stopt him. He cry'd out, Thieves! Rogues! do you design to rob me? They told him they knew who those Goods belong'd to. Are they yours, says he? No, said they, but we can bring you to the right Owner quickly. Gentlemen, be but easy, and you shall go Halves. No, we will have all. All? What won't you leave me one Cap? Pray, Gentlemen, let me have but a Cap, and take the rest betwixt you. They carried him back with the Goods to Mrs. Norman. Quin ran away; but he and Dun were both taken next day. The Prisoners then made their Defence. Vaughan own'd that he had the Goods, but said that he found'em under a bench next Door to Norman's. Quin said he was at Ipswich when the Robbery was committed, but brought no body to prove it. A Picklock was found in his Pocket; and he was an Evidence at a former Sessions. Charles Sheppard and his Wife in Sheppard's-Yard in the Little Minories depos'd, that Dun was at their House between 6 and 7 that Night the Robbery was committed. The Jury acquitted her, and found Vaughan and Quin (Brothers by Mother's Side) guilty of Felony to the Value of 39s . Transportation .

Christian Christian , Wife of Henry Christian , of Whitechappel , was indicted for stealing 2 Muslin Handkerchiefs, value 5 s. and other Things , the Goods of Fergus Baily and Isabel Fenly , on the 16th of Dec. last. But the Jury acquitted her.

Jane Silletay , of Whitechappel , was indicted for stealing a Sattin Gown value 4 l. a Cotton Gown value 20 s. 2 Petticoats value 3 l. a Scarf, a Suit of Headcloaths, and a Pair of Stockings, the Goods of Edward Percival , in the House of Edward Percival , on the 15th of Sept. last. It appeared that the Prisoner was Servant to the Prosecutor; that she took the Goods and ran away, and being taken, confess'd the Fact. In her Defence at the Bar, she said, that her Master gave her the Cloaths and Money too, for Favours that he often desired of her, when he came to her Bed-side in the Morning to call her up: But for the greater Secrecy, he bade her take a Lodging in some Place where he might conveniently visit her. But she going, and not sending him Word where she was, and he finding her out by chance, prosecuted her in Spight. She own'd that she did not make this Defence when she was first apprehended; but that (she said) was only because she was then unwilling to disgrace her Master. Guilty to the value of 4 s. 10 d . Transport .

Richard Thomas , of S. Giles's in the Fields , was indicted for stealing a Bed value 15 s. a Rug value 5 s. a Blanket value 2 s. and a Sheet value 3 s. the Goods of Tho. Perry , on the 11th of January last. It appeared that the Prisoner was a Lodger to the Prosecutor; and when he had lain there 4 Nights, he went away, and being afterwards taken, confess'd the Fact. Guilty . Transportation

Ruth Herringshaw , of Aldgate , was indicted for stealing two Sauce Pans and 2 Copper Cover value 7 s. 6 d. and an Apron value 6d. the Goods of James Farr , on the 17th of Dec. last. But the Evidence not being sufficient, the Jury acquitted her.

Elizabeth alias Edith Bird , of S. Giles's in the Fields , was indicted for stealing a Hat value 5 s. the Goods of Hugh Musket , on the 7th of January last. Guilty to the value of 10d . Transportation .

Thomas Burge , of the Savoy , was indicted for breaking and entring the House of John Roberts , and taking from thence 2 Sheet value 1 s. a Shirt value 10 d. a Smock value 2 s. a Towel and 2 Aprons, the Goods of John Roberts, on the 14th of Dec. last, about the Hour of 6 in the Night . The Prosecutor depos'd, that coming down Stairs about 5 in the Evening, he found the Sash of the Parlour (which he left shut) thrown open, and a Wastcoat lying in the Window; and upon farther Search he miss'd the Goods in the Indictment. William Young , a Boy aged 13, depos'd, that being Servant to the Prosecutor, a Taylor, he was sent on an Errand for Silk, in the Dusk of the Evening. As he was going out he met the Prisoner, who had formerly been his Play-fellow. The Prisoner gave him 6d. to go away, that he might get into the Parlour. He, the Boy, stept aside, and saw him throw up the Sash and go in. He then went for the Silk, and at his Return found the Prisoner in the Parlour, who told him, if he said any thing, he would kill him. He carried the Silk to his Master, and when he came down again, the Prisoner was gone. Next Night he came again, and proffered him Half a Crown and a Penknife to cut his Master's Throat in the Dead of the Night, and then to let him into the House. Several Things being lost, this Evidence was suspected, and upon Examination, confess'd that he had stolen a Silver Tea Spoon, for which his Master turned him away; and he afterwards meeting the Prisoner in Lincoln's-lnn-Fields, went and informed his Master of the whole Affair, who thereupon went and apprehended the Prisoner. Guilty of Felony to the Value of 4 s. 10 d . Transportation .

Richard Gold , alias Golden , of Whitechappel , was indicted for stealing a Gown value 5s. a Smock value 2s. 6d. and other Linnen , the Goods of Persons unknown, on the 20th of Dec. last. But the Felony not being proved, the Jury acquitted him.

Martha Dennis , alias Braithwaite , and Elizabeth Brock , of Stepney , were indicted for stealing two Coach Seats val. 8 s. 15 Sheep skins value 7 s. 6 d. and 30 Yards of Linsey-Woolsey value 40 s. the Goods of Persons unknown, on the 12th of January last. But the Evidence not affecting the Prisoners, the Jury acquitted them.

Susan Cock , of Aldgate , was indicted for privately stealing in the Shop of Edward Moor 16 Handkerchiefs value 17 s. on the 14th of January last. Guilty to the Value of 10 d . Transportation .

Jane Pearse , of S. Mary le Bow , was indicted for stealing a Gown value 3 s. the Goods of Edward Weedon , on the 21st of Dec. last. Guilty Value 10 d . Transportation .

Susan Baker , of S. Martin's in the Fields , was indicted for stealing a Pair of Shoos val. 1 s. on the 24th of Dec. last. It appeared that the Prisoner came to cheapen Shoos: The Prosecutor gave her a Pair to look on and she carry'd them away without paying for them: Which being only a Trespass, and not a feloniously taking away, the Jury acquitted her of the Indictment.

Simon Hacket , of Shoreditch , was indicted for stealing two Shirts, two Aprons, and two Clouts, value 5 s. the Goods of John Hunter , on the 15th of Dec. last. The Prisoner brought a Crowd of Witnesses to prove that he was in another Place at the time the Fact was committed; the Jury acquitted him.

Thomas Charleton , of S. Dunstan's in the West , was indicted for stealing two Guineas and 3 s. 6 d. the Money of George Herbert , on the 8th of Aug. last. It appear'd that the Prisoner was Son to a Porter belonging to the Crown Office in the Temple ; by which Means procuring the Keys of the Doors, he and two others went in, forced open the Desk with a Poker, and took out the Money, which they spent at the Blue Ball Alehouse near S. Giles's Pound, where they were constantly harbour'd. Guilty . Transportation .

Martha Cook , of S. Sepulcbre's , was indicted for stealing a Silver Spoon val. 10 s. a Smock 3 s. and three Aprons 5 s. the Goods of Thomas Upton , on the 22d of Nov. last. Guilty . Transportation .

Ann Bull , of Coleman-street , was indicted for stealing a Smock val. 5 s. and a Pair of Stays val. 8 s. the Goods of Eliz. Langford , on the 13th of Jan. last. But for want of sufficient Proof, the Jury acquitted her.

Martin Eustace , William Boon , and Tho Grace , of Alhallows Barkin , were indicted for stealing a Boat value 4 l . the Goods of William Taylor , on the 19th of Dec. last. It appear'd that the Boat was mist from Tower Stairs early in the Morning; and about 10 o'Clock the same day the Prisoners were taken in the same Boat, being pursued by some Sailors for stealing Stanching Irons from the Sloop Glocester. The Prisoners in their Defence said, that they found the Boat a-drift; and it not appearing to the Jury that they did take it feloniously, they acquitted them.

Daniel Mercer , alias Masters , of Cornhill , was indicted for stealing a Frock with 12 Silver Buttons, value 8 s. 6 d. the Goods of Thomas Thompson , on the 10th of Dec. last; but no Evidence appearing, he was acquitted .

Sarah Rayner , of Aldgate , was indicted for stealing a Petticoat val. 20 s. a Silver Spoon val. 10 s. and a Cup val. 12 d. the Goods of Israel Crow , on the 27th of Oct. last. Israel Crow depos'd, that the Prisoner (who had formerly lodg'd with her) came to visit her; and after she was gone, the Goods were missing. She charged the Prisoner with the Fact, and she confess'd that she had pawn'd them at - Corket's, the Two Golden Balls in Hounsditch, at which Places they were found. Guilty . Transportation .

William Enfield , of Tottenham High-Cross , was indicted for breaking and entring the House of William Goodwin , no person being therein, and taking from thence two Coats and Pair of Breeches value 20 s. a Pair of Stays value 10 s. and other Things, the Goods of William Goodwin, on the 17th of Dec. last, about 9 in the Morning . It appear'd that John Archer met the Prisoner in the Field, with the Goods upon his Back. The Prisoner enquired the Way to Walthamstow. They Pass'd, and Archer going a little farther, found that Goodwin's House was broke open: Upon which he turned back, pursued and took the Prisoner, who confess'd the Fact. Guilty 4 s. 10 d . Transportation .

John Map , of S. James's Clerkenwell , was indicted for returning from Transportation, without lawful Cause, before the Expiration of seven Years . The Prisoner in his Defence own'd himself to be the Person, but said he was forced to it by being press'd on board his Majesty's Ship the Greyhound, Capt. Peter Solgard . Several Sailors appeared to prove that he was on board the said Ship; but he could bring none to swear that he was press'd. The Jury found him guilty . Death .

Thomas Olivant , Gent. of S. Martins in the Fields , was indicted for Murder of John Lewis , by giving him with a Sword one Mortal Wound in the left Part of the Belly, near the short Ribs, of the Length of half an Inch, and Depth of 10 Inches, on the 6th of Dec. last, of which he languish'd till the next day, and then died . He was a second time indicted on the Coroner's Inquisition for Manslaughter. Major Nortliffe depos'd, that on the 6th of Dec. himself, Mr. Olivant, Mr. Lewis, and some other Gentlemen, dined at Mr. Lewis's Lodgings, at Charing-Cross. After Dinner they went to Young Man's Coffee house and from thence to the Mitre Tavern, to take a Parting Glass; for Mr. Olivant (who was an Officer in General Evans's Regiment of Dragoons) was to go the next day for Dorchester. They drank pretty briskly, and all appeared friendly and pleasant. About 11 o'Clock, part of the Company went away, and only Mr. Olivant, Mr. Lewis and himself, were left together. Soon after they were gone, Mr. Lewis desired Mr. Olivant to pay him 53 l. that he ow'd him. Mr. Olivant express'd a Surprize, that his intimate Friend should, without giving him any previous Notice, make such a Demand, at a time, when it could not be thought, that he should have such a Sum about him; and added, that as he was obliged to go out of Town the next day, he could not possibly have Time to provide the Money; but he would either remitt the Sum to him when he came to the Regiment, or give him a Note for Value upon a Relation, payable in London. Neither of these Proposals would satisfy the Deceased for he still insisted upon present Payment. He, this Evidence, then told him, that he himself would discharge the Debt the very next day, if Mr. Olivant would give him a Note to pay the same Sum at six Months after Date. To this they both acquiesced and appeared to be good Friends again. And then he, this Evidence, fell asleep, but was suddenly awaked by a Quarrel betwixt the other two. He looked up, and saw that the Deceased had left his Place, and was gone round the Table to Mr. Olivant, at whom he that instant made a Pass with his drawn Sword, which the other put by with his Hand, and by that means received a Wound. He got up to part them; but before he could effect it, they closed, and fell down, Mr. Lewis under Mr. Olivant; and then he saw Mr. Olivant's drawn Sword upon the Ground, which he did not see before. Tho Maccarthey the Drawer depos'd that when Mr. Olivant, Mr. Lewis, and the other Gentlemen came, they all appeared to be very good Friends, and be spoke a Supper. About 12 o'Clock, he heard a Disturbance, ran up, and found the Deceased and Mr. Olivant upon the Ground, the former being undermost. He and the Major's Servant, who followed him, help'd 'em up, and then he ran for a Surgeon. At his Return, he found them in another Room. The Deceased was lying upon a Bed, and Mr. Olivant said to him, Dear Lewis, I am afraid you are a dying Man; My Life is at Stake. I beg you to speak what you know. Was not your Sword drawn first? The Deceased answered, Ay, Ay, I forgive you freely, and then killed Mr. Olivant. This Evidence farther said, that the Room in which the Misfortune happened, was very small, and except the Deceased had risen from his Seat, and gone round the Table to Mr. Olivant, it was hardly possible for them to have fallen together in the Place and Manner that he found them in. John Mills , Servant to the Major, depos'd, that he followed the last Evidence into the Room, saw a drawn swords upon the Floor, and raising the Deceased, they convey'd him into another Room, where Mr. Olivant said to him several times, Did not you draw first? And the Deceased answered as often, I forgive you. Mr Olivant's Left Hand was bloody. The Sword of the Deceased was produced in Court, and appeared to be stained with Blood. John Martin , Surgeon, depos'd, that upon Searching the Wound, he found the Sword entred the Left Side of the Belly, pierced thro' the Diaphragma and part of the Lungs, and came out under the short Ribs, there being a considerable Quantity of Blood extravasated. The Deceased died about 8 o'Clock in the Evening, and that Wound was the Cause of his Death. Before he died, he said to Mr. Olivant, I forgive you. John Bowler depos'd, that being sent for to the Deceased, he stay'd by him from 3 o'Clock till he died; betwixt which Times, a certain Gentleman came in, to whom the Deceased (without being asked the Question) said, 'Twas Mr. Olivant's Fault, because he would not pay me the Money.

Mr. Olivant in his Defence made no material Variation from the Account that Major Nortliffe had already given, but added, that when the Major was asleep, the Deceased started up from his Seat, drew his Sword, came round the Table, and push'd at him two or three times; and the Room being very narrow, and the Door opening inwards, he could not retreat without manifest Danger of his Life, which put him under a Necessity of defending himself, the Consequence of which proved very unhappy; tho' at the same time he was ignorant when or how the Deceased received the Wound. Dr. Furlong deposed, that after the Deceased was wounded, Mr. Olivant laid his Hand upon his Shoulder, and said, Lewis, Lewis, Was not you the Aggressor ? And the Deceased answer'd, I forgive you; 'twas all fair. Mrs. Carter at the Mitre Tavern depos'd, that coming into the Room where the Deceased lay wounded, Mr. Olivant said to the Company, Take Notice of what he says; and then turning to the Deceased, he said, Did not you draw first? The Deceased answer'd, I forgive you. Mr. Olivant return'd, That's not what I ask you, my Life's at Stake: Did you draw first? To which the Deceased reply'd, Ay, Ay, I forgive you. Capt. Edward Hawley and Capt. Newton deposed, that they said to the Deceased as he lay on the Bed, they were sorry to find him in that Condition, and asked him how it happen'd; and the Deceased answer'd, It was my own seeking, I freely forgive him, and desire there may be no manner of Prosecution.

The Rt. Hon. the Lord Viscount Lonsdale inform'd the Court, that he had known Mr. Olivant about four Years, in all which time he maintained a fair Character, not being addicted to quarrel, but distinguishing himself by an agreeable Civllity and good Nature. Sir Wilfrid Lawson deposed, that having known Mr. Olivant three Years, he had constantly found him to be a Person of a happy, peaceable Disposition, and far from being quarrelsome. General Evans gave Mr. Olivant the Character of an open, peaceable, generous Gentleman, one that was not backward in paying his just Debts; and that on the contrary, the Deceased was very turbulent, and subject to quarrel in his Drink, for which Reason he had desired him to dispose of his Commission. Col. Lanoe, in the Behalf of Mr. Olivant, deposed, that he knew him to be a Man of a pleasant, even Temper, and that the Deceased more the opposite Character, he frequently being (especially when in Drink ) very troublesome in the Regiment. Many other Persons of Distinction were ready to appear in Favour of Mr. Olivant; but the Court thought it unnecessary. Manslaughter . Burnt in the Hand .

Samuel Brooks and Francis Mason , of Whitechappel , were indicted for privately stealing in the Warehouse of Rich Lindsey Esq; 85 lb. of Lead, value 25 s. the Goods of Richard Lindsey Esq; on the 24th of Dec. last. The Jury acquitted Mason, and found Brooks guilty to the Value of 10 d. Transportation .

Richard Blackbourn , alias Thomson, alias Evans , of S. Giles's in the Fields , was indicted for stealing a black Mare val. 20 s. the Goods of Richard Lad , and a Bridle and Saddle value 7 s. the Goods of William Lawen , on the 19th of November last. Tho Higgins deposed, that having in September last bought a Gelding of the Prisoner, he came into Trouble about it in November following; and soon after seeing the Prisoner standing at an Alehouse-Door with a Mare in his Hand, he said to him, Brother Dealer, how goes it? Shan't we drink together? And the Prisoner answer'd, with all my Heart. They went in together, and he (this Deponent) privily sent for a Constable. The Prisoner told him, that he bought the Gelding very honestly; but if he was uneasy about it, he would take the Gelding again and give him the Mare that stood at the Door instead of it. John Row (at the Two Spies and Grapes in King-street near the Seven Dials) deposed, that about 7 in the Morning the Prisoner came there to drink, and hung his Mare at the Door: They having some Suspicion of him, sent for Higgins, and afterwards for Richard Lad , the Owner of the Mare. Richard Lad deposed, that the Mare that was found in the Prisoner's Possession was his Mare, he having turn'd her out to Grass at Barn-Elms about 6 o'Clock the preceding Night. The Prisoner (who was try'd last Sessions on three Indicments) said nothing in his Defence; and the Jury found him Guilty . Death .

Mary Dunt , of S. Giles's Cripplegate , was indicted for stealing 120 Copper Halfpence in a Bag , the Money of Ann Harriot , on the 14th of Dec . last. Guilty to the Value of 10 d. Transportation .

Alexander Warren , of Islington , was indicted for stealing a Roan Mare value 5 l. the Goods of Humphrey Bodman , on the 26th of December last. It appear'd that the Prisoner offer'd to sell the Mare at Barnet for 5 Guineas; but being apprehended on Suspicion, and carry'd before Justice Smith, he there confess'd that he had stoln it from Mr. Nicholson's Ground at Islington . H. Bodman deposed, that he put his Mare to Grass at Mr.Nicholson's, and that it was the same Mare that was offer'd to Sale by the Prisoner. John Nicholson deposed, that the Prisoner had lately been his Servant , and having lost Mr. Bodman's Mare, and hearing upon what Account the Prisoner was stopt, he went thither and found them both. The Prisoner in his Defence said, that he never offer'd the Mare to Sale, nor did he take her with a felonious Intent, but only for the Sake of a Ride; and had not the Justice prevented him, he should have rode her back again the same Night. Guilty . Death .

Thomas Bradley , of Stepney , was indicted for assaulting Margaret Cook on the Highway, putting her in Fear, and taking from her a Riding Hood value 25 s. the Goods of Jane Huckle , on the 9th of Jan. last.

Marg. Cook deposed, that going along Blackwall Causeway , between 8 and 9 at Night, the Prisoner came to her, took her by the Cloak, and said, Have you got any Money? She answer'd, No. Why then, says he, D - your Blood, you Bitch, I'll have your Life. She beg'd of him not to murder her; but he struck her three or four times with a Stick, and knock'd her down. He then turn'd up her Petticoats to feel for her Pocket, and did what he would with her. But finding no Money, he beat her again cruelly, and swore that he'd do her Business for her; and not withstanding her Cries and Entreaties, he drag'd her into the great Road, laid her in the Cart-rout, beat her again, and took away her Cloak. She cry'd out; and a Man coming by, prevented his doing her farther Mischief. Edward Hall deposed, that hearing some Blows given with a Stick, and a Woman crying Murder, he mended his Pace, and saw the Prisoner take the Cloak from the Prosecutor, and heard him swear that he'd have her Blood. He (this Witness) ask'd him what he was about? But the other, without answering, struck at him with a Stick, and went aside out of sight. He (his Deponent) then ran to the House of John Brounker , which was not far off, and told him of what had happen'd. J. Brounker depos'd, that going out, (upon Halls Information) he met the Prisoner, and stopt him upon Suspicion. E. Hall and others came to his Assistance: They went a little farther to see for the Woman, and by the Way they found her Cloak, and just by it the Prisoner's Stick and a Glove, which he deny'd to be his; but they found the Fellow of it in his Pocket. The Woman had made shift to get to the next house, which was a Tavern, and there they brought the Prisoner to her. Guilty . Death .

Priscilla Bridges , of S. Martin's in the Fields , was indicted for stealing a Petticoat val. 30 s. the Goods of Katharine Hastings , on the 6th of Jan. last. Guilty Val. 10 d . Transportation .

Elizabeth Edwards , alias Casey , of S. Martin's in the Fields , was indicted for stealing 5 Shirts val. 40 s. a Frock 4 s. a Pair of Breeches val. 20 s. 8 Napkins val. 8 s. and other Things , the Goods of Rich. Higginson , on the 31st of Dec. last. It appear'd that the Prisoner was a Nurse in the House, and the Goods being lost, some of them were found upon her. Guilty Val. 4 s. 10 d. Transportation .

Margaret Robard , of S. Andrew's Holborn , was indicted for stealing the Goods of Thomas Maile , value Three Half-pence , on the 25th of Dec. last. But the Jury acquitted her.

John Price , of the Savoy , was indicted for breaking and entring the House of George Paterson , about the Hour of Seven at Night, with an Intention to steal . But he was acquitted .

John Picton and Charles Moody , of S. Martin's in the Fields , were indicted for privately stealing 50 Books val. 40 s. the Goods of John Millan , on the 11th of Dec. last. The Evidence not reaching Moody, he was acquitted ; but it being full against Picton, the Jury found him guilty to the Value of 4 s. 10 d . Transportation .

Anne Pinch , alias Pinches , of S. Giles's in the Fields , was indicted for stealing a Petticoat, a Scarf, and other Things, the Goods of Margaret Fessy ; and 4 Yards of Silk, a Handkerchief, and other Things, the Goods of Thomas Powel , on the 13th of Jan. last. The Jury acquitted her.

Robert Lloyd , of S. Martin's in the Fields , was indicted for a Misdemeanor, in unlawfully breaking the House of James Tickner , on the 9th of Dec. last, in the Night-time, with an Intent to steal away the Goods of the said James Tickner . Guilty . Pillory .

John Bowler , alias Bowel , of S. Katharine's , was indicted for a Trespass in unlawfully taking from the Tenement of Isabella Lansdown 112 lb. of Leaden Pipe , on the 6th of Dec. last. Guilty . Transportation .

John Bowler was a 2d time indicted, with John Tibbs , of Whitechappel , for that they, with several others, being arm'd with Guns, Swords, and Staves, and having their Faces black'd, or being drest in White, or otherwise disguised, did, on the 15th of August last, appear in the High Street, to the great Terror of his Majesty's Subjects . But the Charge not being proved, the Jury acquitted them.

John Bowler was a 3d time, and John Tibbs a 2 d time, indicted, for that they, with several others, did break and enter the House of Henry Brooksbank , and take from thence 12 lb. of Tobacco val. 18 s. 5 Quarts of Brandy val. 7 s. 6 d. 5 Bottles val. 10 d. and 14 s. in Money; the Money and Goods of H. Brooksbank, on the 15th of August last, about Eight in the Afternoon . Brooksbank and his Wife deposed, that he having arrested a Man, the Prisoners, and several more of the New Minters, came to his House in Whitechappel, about Nine at Night. The outer Door was open, but the Sash-Door within was shut; but they forced an Entrance, and Bowler knockt him down, and were very abusive. Some of them, (but not the Prisoners) had their Faces black, and their Shirts over their other Cloaths. As soon as they were gone, the Money and Goods in the Indictment were missing. The Jury found them guilty of Felony to the Value of 4 s. 10 d. Transportation .

Benjamin Goddard , of S. Dunstan's in the East , was indicted, that he, with Samuel Axtell and John Bollan , did assault Robert Wise on the Highway, putting him in Fear, and taking from him a Pair of Crystal Buttons, set in Silver, val. 5 s. on the 8th of Nov. last.

Benjamin Goddard and Richard Rustead , were indicted for a Trespass in conspiring to charge Robert Wise with an Intention to committ Sodomy with John Bollan , and by that means extorting from the said Robert Wise a Diamond Ring value 8 l. and several Sums of Money .

Robert Wise deposed, that on Sunday the 8th of Nov. about Six at Night, as he was making Water at Bear-Key , a Man (whose Name he has since heard is Bollan) came to him, and thrust his Hand into his Breeches, when immediately two others, (Goddard and Axtell) started upon them from behind some Hogsheads, and cry'd, Now, by G - , we have got him; - A Sodomite! A Sodomite! He was very much surprized at the Charge; which they perceived and swore that if he would not make it up with them, they would presently carry him him before the Justice, and take their Oaths that they saw him going to commit the Fact with Bollan. He was in a great Surprize, and assured them, that if they would let him go, he would give them a Pair of Crystal Buttons. Goddard took them, but swore that they must have something else, or it would be the worse for him, and so they followed him home. They told him, as he was going in, that if he did not come down again quickly, and bring them some Money, they would carry him to Newgate directly. He promised them to try what he could do. They bade him borrow a Guinea of the Maid, if he could get it no otherwise. He brought them two York-Building Lottery-Tickets, of 30 s. value each, with which they went away. At two other times they brought the Prisoner Rustead with them, and extorted 15 s. from him. On the 17th of Dec. at Night, the two Prisoners waited for his coming out; and in Gutter-Lane Rustead clapt him on the Shoulder, and swore that they had now got a Warrant to carry him to Newgate; and they would certainly execute it, if he did not help them to 4 l. for Goddard was going to live in the Country, and wanted a little Money to fit him out. He told them, he believed that he had got 40 s. about him, and he would give them that, if they would never trouble him again: They swore they never would. He gave them the Money, and as soon as they had got it, they insisted upon his making it up 4 l. But still promising, with repeated Imprecations, that if he comply'd, they would never come after him any more. At last he gave them the other 40 s. and so they parted for that time: But the next Night, hearing the Bell ring, he went down to see who was at the Door; he opened it, and saw nobody at first; but quickly Rustead stept up, and said he must needs speak with him, and would have taken him out. He was unwilling to go, and therefore desired the other to come in, which he did. Rustead then swore that Goddard (whom he called Brother) was gone out of Town, and had left some Rings in Pawn, and he must have 4 l. to redeem them. He found 'twas in vain to put Rustead in mind of what he swore the preceding Night. But having no Money about him, he gave him (tho' with great Reluctance) a Diamond Ring from off his Finger, with which he went away. But the other being vexed with himself for parting with the Ring, went after Rustead, to try if he could get it again, upon the Promise of some Money. He had gone but a little way, when, to his great Surprize, he found Rustead and Goddard talking together. They told him, they must and would have 40 s. more, or it should be the worse for him. This occasioned a little Disturbance; and a Boy coming by, and hearing something of the Matter, Oh! says he, I know one of these Fellows, his Name is Rustead, he uses the Walks in Moorfields; which the Prisoners hearing, ran away, and he (this Evidence) never saw 'em again, till they were apprehended, which was not long after. It appeared that the Prisoners were drinking together at the Farthing Pye-house by Moorfields, from whence they sent a Man to sell the Diamond Ring. This Fellow happening to offer it to the very Goldsmith of whom the Prosecutor bought it, the Goldsmith knew it again, and stopt him, and he discovered where the Prisoners were waiting; by which means they were presently apprehended. Rich Baily the Constable depos'd, that Goddard own'd that he took the Buttons from the Prosecutor; and that upon his Information he found Bollan and Axtell, and apprehended 'em; but they being bailed, have since fled for it. That Rustead own'd, that he knew that the other three had followed that Practice of getting Money several times before, and that he himself had most of the Money from the Prosecutor. The Prisoners than made their Defence. Goddard deny'd that it was he that took the Buttons, but said, that accidentally meeting the Prosecutor, (to whom he was before a Stranger) he (the Prosecutor) told him where he lived, and that he had twice committed Sodomy with Bollan. Rustead said, that meeting with Goddard in Moorfields, Goddard told him what the Prosecutor had said, upon which the Prosecutor took him by the Arm, and said, Pray don't go to my Master's House to disgrace me, for I am a young Gentleman, and it will be my Ruin; and at the same time gave them Money not to discover it. It appeared highly improbable, that any one in his Senses should confess such things to Strangers, and then tell them where he lived. The Jury acquitted Goddard of the Robbery , but found them both guilty of the Misdemeanor .

[Fine. See summary.]

[Pillory. See summary.]

[Imprisonment. See summary.]

John Sanders , of S. James's Westminster , was indicted for feloniously receiving a Hartshorn handled Hanger and Belt, value 16 s. the Goods of John Mills , on the 17th of Oct. last, he knowing the same to be stoln . Guilty . Transportation .

William Green , of Stepney , was indicted, for that e, with Cha Towers , John Bowler , John Warren, alias Warthern , and others, did break and enter the House of Geo Westwood , and take from thence a Hatchet val. 2 s. the Goods of Rich Lillington , on the 28th of Aug. last. It appear'd that the Prisoner, with other New Minters, came to the Prosecutor's House, and Bowler took a Hatchet from the Prosecutor's Wife; but the Jury not thinking it to be taken with a felonious Intent, they acquitted him.

William Green was a 2d time indicted for a Riot and Assault upon William Jones . W. Jones deposed, that on the 26th of Nov. last, about 7 in the Evening, he was drinking at the Tewksbury-Church Alehouse in Whitechappel, when the Prisoner and others came in, knock'd him down, and drag'd him thro' Whitechappel to their usual Place of Rendezvous in the New Mint . There they stript him naked, and wore Sixpenny worth of Rods to the Stumps in whipping of him, and he believed he received a thousand Lashes. Then they put on his Cloaths again, and threw him into a Pit fill'd with Human Excrement, and other Filth, in which they dipt the Rods when they whipt him. There they duck'd him several times, and as they took him out, the Prisoner held him up by the Hair, and thrust a Turd into his Mouth; and then they attended him part of the Way home, with lighted Links. The Prisoner, when carry'd before Sir Isaac Tillard , desired to be made an Evidence against Mr. Saintloe. Another Witness deposed, that he saw the Prosecutor when he came back, attended with near two hundred of the Mob; but he was so cover'd over with Excrement, that he could see no Part of him but his Teeth. Guilty .

[Fine. See summary.]

[Pillory. See summary.]

[Imprisonment. See summary.]

Richard Edwards , was indicted for a Riot and Assault on Joseph Robinson . Joseph Robinson (who was the first Bailiff that underwent the Discipline of the New Mint) deposed, that on the 3d of Nov. last, between Seven and Eight at Night, William Green (followed by several others) came into his House, and said, G - D - my Body, you are my Prisoner. They carry'd him to the Sun at Green-Bank in the New Mint ; they laid him a cross a Joint-Stool, and whipt him, giving him (he believes) 3 or 400 Lathes, and then put him into the Pit, which was about six Foot long, and three or four Foot broad, and over it hung the Sign of the Hand and Tipstaff. When they thought that he had been sufficiently soak'd in the Pit, they were going to take him out; but the Prisoner came to him, and cry'd, G - D - your Blood, you shall duck two or three times for my Pleasure; and so made him plunge in again, and roll about (he said) like a Sow in hot Weather. Guilty .

[Fine. See summary.]

[Pillory. See summary.]

[Imprisonment. See summary.]

Henry Ireson and Thomas Earle , were indicted for appearing arm'd in a riotous and tumultuous manner, in the King's Highway, to the great Disturbance of his Majesty's Subjects . Michael Baslow deposed, that Earle, follow'd by several others, came to his Door with a Club, shod with Iron, and said, G - D - ye, I'll kill you one Day or another; but he (this Evidence) ran up Stairs, and got away over the Houses. Robt Sippet deposed, that being taken by the New Minters, they carry'd him along in Triumph, with Colours flying, and Violins playing before them. Earle was with them, and cry'd, D - ye, go along you Rogue ! You have arrested me many a time, and now I'll kill you. But John Tibbs , (who was convicted yesterday) said to him, Go Home about your Business, Mr. Sippet, nobody shall hurt you; - They have made Game enough of you already. And so he escaped the Discipline. There was no Evidence that affected Ireson, and therefore the Jury acquitted him, and found Earle guilty .

[Imprisonment. See summary.]

The Tryals being over, the Court proceeded to give Judgement as follows, viz.

Received Sentence of Death, Nine.

John Herlet , William Lipsat , Thomas Bradley , Joseph Picken , Thomas Packer , John Map , Richard Blackbourn , Alexander Warren , and Edward Johnson , alias Pollet.

Burnt in the Hand, Three.

Thomas Olivant , Alexander Cameron , and Elizabeth Crisp .

To be Transported, Thirty Five.

John Best , Thomas Doncaster , John Hobbs , Benjamin Baldry , Anthony Dumont , Harris James, Mary Wells , Katherine Bennet , Anne Hussey , John Short , William Lewis , Mary Lovoday , Eliz Wood, John Vaughan , Edward Quin , Jane Silketay , Richard Thomas , Elizabeth Bird , Thomas Burge , Susan Cock , Jane Pearse , Thomas Charlton , Martha Cook , Sarah Rayner , William Enfield , Samuel Brooks , Mary Dunt , Priscilla Bridges , Elizabeth Edwards , John Picton , John Bowler , Elizabeth Gandy , John Tibbs , John Sanders , and Williams Brian.

Thomas Killkup , William Killkup , and William Watson , to suffer Twelve Months Imprisonment each.

Robert Lloyd , to stand once in the Pillory in Spring-Gardens.

William Green, and Richard Edwards , fined twenty Nobles each, to suffer Three Months Imprisonment, and stand in the Pillory near Gravel-Lane in the Newmint.

Benjamin Goddard , and Richard Rustead , fined 20 l. each, to stand twice in the Pillory, viz. once on Tower-Hill, and once at Cheapside Conduit, and to suffer Six Months Imprisonment.

Thomas Earle to suffer Three Months Imprisonment.

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