Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 17 April 2014), February 1725 (17250224).

Old Bailey Proceedings, 24th February 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 Wednesday, Thursday, Friday, and Saturday, being the 24th, 25th, 26th, and 27th, of February, in the Eleventh Year of his MAJESTY's Reign.

BEFORE the Right Honourable Sir GEORGE MERTTINS , Knt. Lord Mayor of the City of London, Mr. Justice Powys, Mr. Justice Denton, 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.

Ralph Lemon ,

James Green ,

John Ward ,

Edward Fenton

John Haddon

James Boyte ,

Peter Breach ,

Henry Gregory ,

Thomas Clark ,

Henry Pearson ,

Thomas Gardener ,

Joseph Austin ,

The Middlesex Jury.

John Mills ,

Edward Dennis ,

George Dagger ,

Thomas Duffin ,

Richard Freelove,

John Filmore ,

Henry Hobbs ,

Nicolas Snow ,

Charles Fairchild ,

Richard Lovell ,

Joseph Bateman ,

Paul Hussey .

The Proceedings were as follows, viz.

Thomas Gering , of S. Dunstan's in the West , was indicted for privately stealing from John Cumberland a Handkerchief value 2 s. on the 2d of February . Guilty to the Value of 10 d. Transportation .

Christopher Clitherow , of S. Sepulchre's , was indicted, for that he and Thomas Mealin did privately steal from Tho. Wilgus a Watch val: 3 l. on the 16th of January last. It appear'd that the Prosecutor was Chamberlain at the Rose Inn in Smithfield , to which Place the Prisoner and Mealin came to lodge on the 2d of February, (Mealin having lodged there, a Night or two before.) The Tapster let them into the Kitchen, where the Prosecutor lay asleep upon the Bench, the chain of his Watch hanging out of his Fob. When the Tapster was gone, they, instead of going to Bed, went away; and when the Chamberlain awaked, he miss'd his watch. This Prisoner pawn'd it to Calcot in Hounsditch for 40 s. and gave Mealin half the Money. Catcot being afterwards inform'd that the Watch was stoln, apprehended the Prisoner, who confes'd that he took it from the Prosecutor. Guilty . Death .

John Mealin was indicted for the same Fact ; but being in a very high Fever, his Tryal was order'd to be deferr'd, and he is Since dead.

Penelope Blake . of Aldermanbury , was indicted for stealing two Smocks, a Table-Cloth, three Napkins, and seven, Clouts , the Goods of Thomas Ford , on the 2d of February . It appear'd that the Prisoner was a Washer-Woman ; the Goods were miss'd; she was tax'd, confess'd, and restor'd them. Guilty Value 10 d. Transportation .

Elizabeth Moore , of S. Sepulchre's , was indicted for stealing four Half-Guineas and 22 s. 6 d. the Money of Thomas Carpenter , in the House of Henry Walton . It appear'd the Prisoner was Nurse to the Prosecutor's Wife. The Money was laid on the Bed's Tester, from whence it was lost; and the Prisoner being examin'd, confess'd she took it. Guilty Value 39 s. Transportation .

Peter Cartwright , of Bishopsgate , was indicted for privately stealing three Yards of Bays, value 7s. 6 d. the Goods of John Warman , on the 26th of Jan last. It appear'd, that in the Evening the Prosecutor observing the Prisoner to pass by his Door several times, he suspected him, and went backwards to watch him. The Prisoner seeing nobody in the Shop, stept in, look'd about him, took the Goods, and went out. The Prosecutor follow'd and took them upon him . Guilty Value 4s. 10 d. Transportation .

David Dickenson , of Cornhill , was indicted for stealing a Half-Hundred Weight, value 10 s. the Goods of Henry Parsons Esq ; Guilty . Transportation .

John Barker , of S. Bartholomew's by the Exchange , was indicted for stealing a Silver Spoon value 10 s. the Goods of Sarah White . Guilty Val 10 d. Transportation .

Deborah Greening , of South Mims , was indicted for the Murder of her Female Infant Bastard, by wilfully strangling the said Infant , on the 13th of Jan . last. She was a second time indicted on the Coroner's Inquisition for the said Murder.

James Wallis depos'd, that going to fetch up a Bullock, he saw a Hog on a Dunghill with part of a Child in his Mouth, the Head and Arms of it being eaten off. William Shorrard , Farmer, deposed, that the Prisoner was his Servant , had been sick two or three days, and was gone to her Father's about a Mile off, when Wallis call'd him out to see the Child that the Hog had partly devour'd. This gave him a Suspicion that the Prisoner was the Mother of that Child; upon which he caused her to be apprehended, and carry'd before the Justice, to whom she confess'd that she was deliver'd of a Child in her Master's House; that it was still-born; that she bury'd both it and the After-birth in the Dunghill, then went home again, and turned the Bed to prevent a Discovery, and afterwards went to her Father's.

The Midwife deposed, that to the best of her Judgment, the Prisoner did not go her full time, for the Toe Nails of the Infant were not perfect. Justice Smith deposed, that when the Prisoner was first brought before him, she produced some Child bed Linnen, which she said was as much as she had time to make in her Service. The Jury acquitted her.

Ann Dickenson , of Cripplegate , was indicted for assaulting Thomas Lerigo , in an open Place near the Highway, putting him in Fear, and taking from him a Silver Watch and Chain value 6 l. on the 20th of Jan . last. Thomas Lerigo deposed, that about 7 at Night, he was drinking at an Alehouse in Company with a Neighbour, and the Prisoner, whom he had never seen before. When he had staid till he was betwixt drunk and sober, he left them together; but the Prisoner came after him, and ask'd him to give her a Pint; which he refus'd, and went into another Alehouse so shun her: She follow'd him; he drank one Pint, and came out again; but she would still keep him Company, and so they walked together to the Rope-Walk in Swan-Alley , where she got him up against a Door, and began to be very busy with his Breeches. He ask'd her what she wanted? And she answer'd, D - your Blood, I'll have your Money or your Watch. And so seizing him by the Throat with one Hand, she pluck'd his Watch out with t'other: But he made shift to catch hold of the Chain. D - ye, says she, for a son of a Bitch, let go or I'll cry out Murder. However, he kept this hold, and she was as good as her Word. Diana Tanner depos'd that hearing a Bustle at her Door, she look'd out of the Window, it being Moon-light and saw a Man and a Woman in a close Engagement. Get ye gone from my Door, says she, or I'll cool your Courage with a Pail of Water. The Man presently said he was robb'd and call'd for Help; and the Prisoner told him, that if he would not let go, she'd give him such a Blow as would make him remember it; and then she Struck him, and cry'd out Murder: At which time John Stapleton , came up and saw the Prisoner and Prosecutor both tugging for the Chain. A Constable was call'd, and the Caterwauling Lovers were taking into Custody. But it not appearing that the Prisoner took the Watch clear away from the Prosecutor, the Jury acquitted her.

Sarah Gaskin , of S. Martin's in the Fields , was indicted for privately stealing a Callico Gown and Petticoat, val. 40 s. a quilted Petticoat val. 30 s. 3 Aprons val. 7 s. four Table Cloths and other Things, the Goods of Allen Haydon , Spinster, in the House of Allen Haydon , Gent. It appeared that the Prisoner was the Prosecutor's Servant ; and the Goods being missed, she was examined, and confessed that she had pawn'd them for 38 s. The Jury found her guilty to the value of 39 s. Transportation .

Bartholomew Morris , of Whitechappel , was indicted for stealing the Carcass of a Sheep , the Goods of Rich. Dameron , on the 19th of February , George Matthews depos'd, that late at Night the Prisoner brought the Sheep into the Queen's Head Alehouse in Rosemary Lane, and ask'd if any body would buy any Mutton. What will you have for the whole Carass? says one in Company. You shall have it for a Pint of Geneva, says the Prisoner. Let me see it, says this Evidence. I am afraid you stole it? No, reply'd the Prisoner, I'll give you my Word I came honestly by it, for l found it in the Street. This Evidence looking upon the Carcass, presently knew who it belong'd to, by the Mark upon the Shoulder, and forthwith sent for the Prosecutor, who own'd it. Guilty . Transportation .

Elizabeth Gregory , of S. Ann's Westminster , was indicted for stealing a Leaden 14 Pound Weight, val. 15 d. and a 7 Pound Weight, val. 9 d. the Goods of Giles Hanwell , on the 26th of January last. Giles Hanwell depos'd, that being backwards, he heard somebody in the Shop; and coming forwards, he saw the Prisoner Thrusting the fourteen Pound Weight down her Bosom, As soon as she perceived him, she took it out, and pretended to be in Jest. How easily, says she, could I have taken this away, if I had had a mind to have been a Thief? He thought her to be in Earnest. But it seems she had carry'd the left too far; for upon searching her, he found a Seven Pound Weight under her Armpit. Guilty to the Value of 10 d. Transportation .

William Fell and George Nichols , of Wilsden , were indicted for stealing an Ox, val. 20l the Goods of William Cuxon , on the 17th of Feburary. William Cuxon, Grasier , depos'd, that he lost the Ox out of his Ground at Kilborn , which was afterwards seized by - Neal, a Butcher, in Clare Market. - Neal depos'd, that the Prisoner Nichols came to him about Five in the Morning, and said, Here is a Man has brought me An Ox to the Slaughter-House, and asks 5 l. for it; I wish you could came and see it. He went, and presently knew it to be the Prosecutor's Ox. Have a care what you do, says he to Nichols, for this is Cuxon's Bullock, and I believe it is stoln. If you think so says Nichols, I can quickly bring your to Will. Fell, the Man that brought it, for he is but at that Alehouse. They went together, and found him sitting by the Fire; and after a sharp Examination, brought him to confess that he stole it from Kilborn, And did not your Heart ake, you Dog, as you came by Tyburn? says Neal. Yes, faith did it, says Fell, I thought I should came to be hang'd there, for this very Ox. I made several Stops, and had a great Mind to drive him back again; but the Devil was in me, and so I came forward. No Proof appearing against Nichols, and several giving him a good Character, the Jury acquitted him, but found Fell guilty . Transportation .

Charles Gordon , of Holbourn , was indicted for stealing a Wig, val. 15 s. the Goods of Richard Darby , Esq ; on the 11th of February . Guilty . Transportation .

John Jones and John Lloyd , of Clerkenwell , were Indicted, for that they, with Joseph Kemp , and Thomas Page , (not yet taken,) did assault Richard Cade in an open Field near the Highway, put him in Fear, and take from him a Peruke, value 3 l. 10 s. on the 16th of February . Richard Cade depos'd, that being a Servant at the London-Spaw, he was sent from thence to attend Mr. Starky to Grays-lnn-Lane; and returning about 13 at Night, the Moon shining, he was met near the Ducking Pound, between Sir John Oldcastle's and the London Spaw , by the Prisoners and 2 more, John Kemp and Thomas Page , (Brother to Page who was convicted at the Session in December last, for Robbing the Watch Maker's Shop in Fleet-street, in Company with Jack Sheppard .) They stopt him, and demanded his Money. He told them he had no Money about him, but Three Half-pence, and that was given him by the Gentleman that he had just been home with. L - it, says Kemp, what signifies Three Half-pence: Let us take his Wig, and presently snatch'd it off and ran away. Then he (this Deponent) stopt Page, who stood next him; but the Prisoners, who were going after Kemp, came back, and swore it he did not let him go, they would be the Death of him. He was forced to comply, and so they all went off. But being near Home, he went and called out his Fellow-Servant, Jo Watmore , and pursued them. In their Way they met a Watchman, by whose Direction they found them all four in Leather-Lane, just at the Turning to Brook's Market. He (this Evidence) knockt Lloyd down, and seized Jones by the Collar. Loyd got up again and ran away, but being followed with a Cry, stop Thief, he was soon taken by John Pitman an Excise Officer, who was then on Duty. The other two escaped. Lloyd confessed in the Watch-house, and before the Justice, that he was in Company with the other three when the Robbery was committed, and that they all agreed to take the Wig. He promised the Prosecutor, that if he would be favourable, he should have the Wig again; and accordingly the Wig was soon after sent by the Penny Post, with the following Note: Sir, enclosed is Richard's Wig that was lost, which you are desired to give him forthwith, from your Servant unknown, A. B. The latter Part of this Evidence was corroborated by Watmore and Pitman. The Prisoner Jones, in his Defence said, that he met Page accidentally in Bishopsgate-street; and having been formerly acquainted with him, (tho' not knowing that he followed ill Courses) they resolved to drink together, when it unluckily happen'd that neither of them had got any Money: But however, rather than two old Friends should part with dry Lips, Page very generously pawn'd his Wastecoat, in Hounsditch for three Shillings, and away they went to spend it at the London Spaw, where the Prosecutor lived. Here they met with Lloyd and Kemp, the Latter of whom, as they were going Home together, snatch'd off the Prosecutor Wig, and ran away. Lloyd said in his Defence, that he had formerly lived a Servant at the Maidenhead at Windmill-Hill; but being out of Place, he went with Kemp to the London-Spaw to enquire after a Service: That when they came from the Spaw he and Jones pass'd the Prosecutor, to whom he heard Page (who was a little behind) say, Honestly, will you give me a Pot? The Prosecutor answered, Not so much Honesty as you think for. At this Discourse he turned back, when Kemp said, Let us take his Wig off. He (this Prisoner) asked him why he would do so? But Kemp, without making any Reply, did what he proposed, and ran away. The Jury found them both guilty , Death .

Ann Jones , of S. Giles's in the Fields , was indicted for stealing a Drugget Suit val. 30 s. the Goods of William Clark , Senior, a Coat val. 3 s. a Silk Wastcoat. val. 2 s. the Goods of William Clark , Junior; 2 Suits of Drugget, 2 Shirts and 2 Pair of Leather Breeches, the Goods of , in the House of William Clark, Senior , on the 2 d of February . It appeared that the Prisoner with a great Candle came thro' an Entry belonging to Mr. Clark's House, and passed by his Wife, who stood at the Door, about 3 in the Afternoon. She suspected her to be a Thief, and desired her Husband to go and stop her; which he did, and brought her back, with all the Goods mention'd in the Indictment. What, says he, could not you be contented with one Suit at a time? No, says she, I am like a great many more in the World, and I fare accordingly for all covet, all lose. Guilty to the Value of 39 s. Transportation .

John Bavan , of Holbourn , was indicted for stealing a Gold Ring; val: 50 s. and 4 Guineas and a Half , the Goods and Money of William Pots , on the 23d of January last. It appeared that the Prosecutor and Prisoner, both lodged in one House; and the Money being lost, and the Prisoner absconding, he was apprehended upon Suspicion and confess'd that seeing the Money and Ring lying in the Windows, her took them, but intended to return them. He called several to his Reputation, who gave him a good character and all agreed, that they believed it was his first offence of such a kind. But the Fact being mainly proved the Jury found him guilty . Burnt in the Hand .

Jane Fleetwood, of alias Piper , of S. Giles's is the Fields , was indicted for stealing a Gown and Petticoat, val. 9 s. a Pair of Stocking 8 s. a Pair of Ear Rings 5 s.: a Pair of Sheets 10 s. a Hood 8s. and other things the , Goods of James Oldham , on the 23d of January last. It appeared the Prisoner was a Lodger, took the Goods and carried 'em to her new Lodging, where some of them, were found. Guilty to the Value of 10 d. Transportation .

William Moore , of Aldgate , was indicted for, privately stealing 14 Yards of Holland val 34 s. 33 Yards of Cotton and Holland woven together val 3 l., 19 s. a Petticoat val. 16 s. and 1 Yard of Lindsey Woolsey, the Goods of Mary Beauchamp , in the Shop of Mary Beauchamp , on the 30th of January last. Mary Beauchamp depos'd that as she was in her Kitchen in Goswell-street , she saw the Prisoner take the Goods from behind the Counter, and go away. She followed him, crying out, Stop Thief: He was taken. Walter Pitt depos'd, that he saw the Prisoner go by his Door, and hearing the Prosecutor call out, he pursued him. The Prisoner ran down Carthusian-street; he dropt the Goods, and swore if any body came near him, he would knock him down. But more Company coming up, he was stopt before he got into Charterhouse-Square. Rich. Evans depos'd, that he saw the Prisoner run out of the Prosecutor's Shop. Rob Lodqe depos'd, that he saw him drop the Goods, and afterwards, seized him. Guilty . Death .

He was a 2d Time indicted, of S. Botloph's Aldersgate , for privately stealing in the Shop of Joseph Baker , a Wig value 5 l. the Goods of Joseph Baker , on the 9th of January last. Tho Davis depos'd, that about 4 in the Afternoon, the Prisoner came into his Master's Shop to have his Wig comb'd, a new Wig at that time hanging on a Branch in the Window. He went backwards to powder the Prisoner's Wig, and then brought it out to him. As soon as the Prisoner was gone, he miss'd the new Wig, and went out after him. The Prisoner looked back and saw him, and ran away. This Evidence being lame, could not run after him; but in 2 or 3 Weeks after he heard that he was apprehended for another Fact. Guilty . Death .

Edward Dixon , alias Dison , was indicted for stealing 3 Shirts and a Pair of Stockings, val. 12 s. the Goods of John Broadbank , on the 30th of January last. Guilty . Transportation .

Robert Cook , Esq ; of Hanwell , was indicted for the Murder of George Merrick , Esq .; by giving him with a Sword one mortal Wound in the Right Side of the Body, near the short Ribs, of the Breadth of Half an Inch, and the Depth of Fourteen Inches, on the 11th of February , of which he instantly died .

He was a 2d time indicted on the Coroner's Inquest for Manslaughter. John Edwards , Drawer, at the Red-Lyon in Brentford depos'd, that on Wednesday Night, Col. Emely, Capt. Percival, Lieutenant Shipton, the Prisoner and the Deceased, were all in Company together at his Master's House. About 11 o'Clock, they all went away but the 2 last, who then gave Orders for a Bowl of Punch, and appeared very pleasant and friendly. Between 12 and 1, they called for a Box and Dice, which he carried to them; and in about 5 Minutes after, he heard'a Noise, ran up Stairs, and saw both the Prisoner and the Deceased with their Swords drawn; the tormer standing in a Corner within half of a Yard of the Wall, so that he could not retreat from the other, who stood before him. In this Posture this Evidence left them, and ran down to call up his Fellow-Servants; and returning with them, they found both the Gentlemen fallen down, the Deceased being undermost. They took them both up. The Prisoner kill'd the Deceased, and called him his Dear Merrick. And turning to this Evidence, For God's Sake, says he, run for a Surgeon, which he did immediately; but returning without the Surgeon, who staid to prepare some Necessaries, the Prisoner, with great Impatience, sent him back again, and then he brought him. The Prisoner was wounded, and bled pretty much, but would not suffer himself to be dress'd, till the Surgeon had taken Care of the Deceased. Tho Robinson , the other Drawer depos'd, that when his Fellow-Servant was gone for a Surgeon, the Deceased said, Dear Cook, was it you that did it? And the Prisoner answered, Dear Merrick, it was. Then reply'd the Deceas'd, I freely forgive you. But was it not your seeking? return'd the Prisoner; to which the Deceased made no Answer. The Deceased was afterwards laid upon a Bed, where this Evidence asked him how he did? And he answered, Very well! How does Cook do? Cook had 2 Wounds in his Side, and both their Swords were drawn. James Bethune Surgeon, depos'd, that about 2 in the Morning, being called by one of the Drawers, he came to the Red Lyon, where he found the Prisoner and the Deceased standing together in a friendly Manner, the other Drawer standing by them. The Prisoner desired him to take Care of his friend, which he did; and tho'in the mean time the Prisoner fainted, yet he would suffer nothing to be apply'd to his own Wounds, till those of the Deceased were dress'd. The Deceased had lost about a Pint of Blood by his Wounds; and his Condition appearing dangerous, it was thought necessary to have the Advice of another Surgeon. And Mr. - Hollaway was send for; and they together, by putting the Deceased in another Posture, perceived that the Sword had pass'd quite thro' the Body. He heard the Prisoner says Merrick, you Know 'twas your own Fault? But the Deceased made no Answer. About an Hour or two before his Death, this Evidence ask'd him if there had been any former Quarrel betwixt him and the Prisoner? And he answered, No: I forgive him and all the World. The opened the Body, and found that the Sword had perforated the Cavity of the Belly, and wounded the Guts in two Places. He died about 11'o Clock in the Night of the same Day, and they believed that that Wound was the Cause of his Death.

The Prisoner in his Defence said, that he sate next the Door, and the Deceased came round, drew his Sword, and stepping betwixt the Door and him, he (the Deceased) forced him up to the Wall, and put him under a Necessity of using his Sword for the Preservation of his own Life The Gentlemen that were in Company with the Prisoner and the Deceased that Night the Misfortune happened, depos'd, that they saw no Signs of ill Will in either of them, but that they appeared to be very good Friends; and that when they were taking their Leave of them, the Prisoner desired Mr. Shipman to stay longer, which they thought was a Sign that the Prisoner had no Intention to quarrel. The Duke of Richmond, the Duke of Montague, the Earl of Essex: the Lord Mansfield, the Lord Albemarle, and the Lord Walgrave, depos'd, that they had known Mr. Cook for several Years, and always found him to be of a peaceable Disposition, and not subject to quarrel. A great Number of other Persons of Quality were present and ready to speak in the Favour of the Prisoner; but the Court thought it unnecessary. The Verdict was Se Defendendo .

Worster Wilson , of Covent-Garden , was indicted for the Murder of Tho Tothill , by giving him one mortal Wound in the Right Part of the Belly near the Navel, of the Length of half an Inch, and Depth of eight Inches, on the 8th of February , of which he languished till the next day, and then died . He was second time indicted on the Coroners's Inquisition for feloniously staying the said Thomas Tothill .

Benj Marshall deposed, that on Monday Night the Prisoner and the Deceased were drinking l'unch together at Sturges's Coffee-house in S Martin's-Court, where he (this Deponent) lived. That he heard the Deceased say, G - Damn ye, Wilson, I won't be affronted: By G - I'll lose my Life first. My Dear Tothill, (says the Prisoner) sure you are but in Jest. No, G - D - ye, an't, reply'd the Deceased. Well but, says the other, let us drink our Punch out before we quarrel. - Come - to your Health! - Do you drink it with all your Heart? says Tothill. Yes, return'd the Prisoner. Why then, says the Deceased, here's to your Health. When they had emptied the Bowl, he (this Evidence) lighted them into Castle-street, and by the Way he heard the Deceased say to the Prisoner, G - D - ye, what did you affront me so for? John Saunders , Drawer at the Three Tuns in Chandos-street , deposed, that between 9 and 10 at Night, the Prisoner and the Deceased came in to drink. He snew'd them up Stairs; they call'd for New Sherry; he carry'd it: They drank a Boat apiece, and he withdrew. In about five Minutes after, the Prisoner came to the Stairs-Head, and call'd him up again. The Deceased was then lying on the Floor, to whom the Prisoner said, Tothill, was not you the Aggressor? But he made no Answer at that time. A Surgeon was sent for, at whole coming in the Deceased said to the Prisoner, Next time I'll fight you with Pistols. John Smalman , the Tavern Boy, deposed, that going to kindle a Fire in the Room where those two Gentlemen were, the Deceased kick'd him out, and told him they did not want any Fire. He was afterwards sent for a Surgeon, and when he came back he heard the Deceased say, I was the Aggressor; I drew first; and if I die, 'tis my own Fault. Mr. Wilky the Surgeon depos'd, that about 11 at Night, he was call'd to the Deceased, whom he found on the Floor, and the Prisoner supporting him in his Arms. After the Deceased was dress'd, he said, I desire you would all take Notice; I was the Aggressor; I drew first, and it is my own Fault. The Constable offering to take hold of the Prisoner, the Deceased rose up, and made a Pass at the Constable with his Sword. The Wound that the Deceased had then received was mortal, and he died in about twenty Hours after. Mr. Larouche in Round-Court, with whom the Deceased lodged, depos'd, that about Midnight the Deceased was brought home in a Chair, very drunk, and dangerously wounded. The next day in the Afternoon, he asked him if he and the Prisoner were sober when they went to the Tavern together? No, said the Deceased, but we were sober when we first met at the Coffee-house; - We went from thence to the Tavern on purpose to fight; - I believe we were both in Fault; - I believe I drew first.

The Prisoner in his Defence said, that when they came from the Coffee-house, the Deceased desired him to go to the Three Tuns, where he said he had appointed to meet a Gentleman. He went with him; but finding nobody there, he drank once, and was for going away; but the Deceased drew upon him, and bid him go to Hell. He retreated, and in so doing stumbled over some Faggots that lay in the Room. The Deceased follow'd him, and put him under a Necessity of using his Sword in his own Defence. Mr. Hains depos'd, that he was in Company with Brigadier Wilson (the Prisoner) in an open Room at Sturges's Coffee-house, where they had a Pint of Rum made into Punch. When they had drank it, they came down Stair, and were going out together: But the Deceased, who sate below, call'd out, Mr. Wilson, come and drink with me; pray stay and drink with me; and repeating his Entreaties several times, the Prisoner at last went to him. They then appear'd to be very good Friends, and to this Evidence left them. He farther depos'd, that he had known the Prisoner five Years, and always found him good-natur'd and peaceable even in his Drink, and so far from being quarrelsome himself, that he was remarkably diligent in reconciling Differences among others. Mr. Thornton the Apothecary depos'd, that being sent for to the Deceased about 11 at Night, he heard him say, Die or Live, 'tis my own Fault; I drew first and forced him to it: The Brigadier drew in his own Defence and therefore I desire you all to take Notice of what I have said. This was wrote down, and read over to the Deceased he said it was right, and pray'd all that were present to sign it; which they did, and he acknowledg'd the same the next Day: It was produced in Court, and confirmed by the Subscribers. Major Wright, Capt. Batson, Capt Moreton, and Capt. Parker, gave the Prisoner the Character of a Man of an even Temper, never known to be passionate; and that contary-wise, the Deceased was very apt to be quarrelsome in his Drink. Many others were ready to appear in his Favour; but the Court thought it needless. The Jury found it Se Defendendo .

Thomas Bury , of Cornhill , was indicted for privately stealing from Walter Ray , a Handkerchief, value 2 s. on the 5th of Febr . Guilty Val. 10 d. Transportation .

John Stevens , of Alhallows Staining , was indicted for stealing 21 lb. of Currants value 8s. 9d. the Goods of Walter , on the 4th of February . Guilty Val. 10d . Transportation .

Robert Newell , of Cripplegate , was indicted for assaulting John Wood on the Highway, putting him in Fear, and taking from him 2 s. 10d. on the 16th of January last. It appeared, that about 12 on Saturday Night, three or four Men were fighting in Jewin-street near Crowder's-Well-Alley : The Prosecutor coming by at that time, was in the Scuffle knockt down by the Prisoner. The former lost his Money. But there being no Proof that the Prisoner took it, the Jury acquitted him.

Charles Castile , of S. Gabriel Fenchurch , was indicted for stealing a Silver Tea-Spoon, and 18 d. in Money ; the Goods and Money of Susan Kempton , on the 18th of February Guilty Val. 10d. Transportation .

John Winter , of Billingsgate , was indicted for stealing 4 lb. of Tobacco, val. 5 s. the Goods of Jonathan Forward , on the 8th of September last. Jonathan Forward depos'd, that the Prisoner was a Porter on the Keys, and having miss'd Tobacco several times, he watch'd, and saw him take it out of the Hogshead. Others, that work'd with the Prisoner, depos'd, that he was at that time in his Wastecoat, and if he had had any Tobacco about him, he could not have concealed it from them; and therefore they were sure he had none. That Forward came on board the Liter where the Prisoner was at work, abused the Prisoner, called him Rogue, and beat him without any Cause. Several appear'd to the Prisoner's Character; some of which swore that he was as great a Rogue as any breathing; and others, that there was not an honester Man alive. The Jury acquitted him.

John Lemmon , (a little Boy ) of S. Sepulchre's , was indicted for stealing a Copper Shovel, val. 4 s. a Pair of Gold Scales, val. 2 s. and three Canes, val. 15 s. the Goods of Ralph Chamberlen ; and a Horse Whip, val 6 d. the Goods of John Gee , on the 19th of February . It appear'd that the Prisoner came at Night to the King's Head-Inn in Smith-field , and ask'd for a Lodging, telling them that his Father was a Grasier, and would be there the next Morning early. In the Night he got up, and broke open a Cupboard with a Poker, took the Goods, unlock'd the Doors; and not staying to shut them again, he went to a Night-House in Covent Garden; where offering one of the Canes to sell, he was apprehended, and confess'd the Fact. Guilty . Transportation .

Peter Levee , was indicted for a Misdemeanor, in attempting to steal from John Rogers a Handkerchief , on the 19th of January last. It appear'd that about Seven at Night, as the Prosecutor was going by the Poultry-Compter , he felt the Prisoner's Hand in his Pocket, and turning about, took hold of him; he fell on his Knees, and cry'd, for God Sake, Sir, says he, let me go. But the Prosecutor still holding fast by the Coat, he slipt it off, in Hopes of escaping; which the Prosecutor observing, he let the Coat drop, and took fresh Hold on the Prisoner; and a Mob gathering about them, the Coat was quite lost. Guilty . Fined 20 l.

William Atwood , of S. Bennet Gracechurch , was indicted for stealing a Frock, value 20 s. a Pair of Stockings, value 3s. the Goods of Benjamin Ken ; and 20 Yards of Canvass, value 30 s. the Goods of Rob Kendrick , on the 2d of January last. It appear'd that the Prisoner was a Plaisterer , and work'd at the Prosecutor's House, from whence he took the Goods. Guilty Val. 4s. 10d. Transportation .

Thomas Maxfield , of S. Dunstan's in the West , was indicted for privately stealing a Handcherchief, val 2 s. from Waring Seaman on the 17th of January last. Guilty Val. 10 d. Transportation .

Edward Ellitt , of S. Sepulchre's , was indicted for stealing 13 lb. of Spelter, val. 13 s. the Goods of Elizabeth Stevens , on the 5th of Feb . Guilty . Transportation .

Simon Pew of Covent-Garden , was indicted for stealing a Silver Spoon, val. 8s. the Goods of Joseph May , on the 1st of Feb . It appear'd that the Prisoner was Servant at the Rummer Tavern in Henrietta-street ; the Spoon was lost, and a Woman of the Town being taken up for offering to sell a Piece of it, she discover'd that she had it from the Prisoner; who, upon Examination, confess'd that he broke the Spoon into three Pieces, threw one Piece down the Vault, the other he left in the House, and the middle Piece (which had the Owner's Name upon it) he gave Betty Baptist to let him lie with her. Guilty Val. 10d. Transportation .

Ann Throll , of Stepney , was indicted for stealing a Petticoat val. 16s. a Smock 3s. four Yards of Cottons 9 s. and 1s. in Money , the Goods and Money of Elizabeth and Mary Fenly , on the 23d of Jan . last. Guilty Value 10 d. Transportation .

Thomas Turner , of Whitechappel , was indicted for stealing one Iron Bar value 4s. the Goods of Rich Richards and Comp . on the 21st of Jan . last. He was a second time indicted for stealing two Iron Bars val. 4s. 10d. the Goods of Rich. Richard, and Comp. on the 15th of Jan last. It appear'd that the Prisoner took the Bars out of the Glass-house in the Minories , and sold them for a Penny a Pound to John Richmond , a Smith, in Old Graves-Lane, who bade him be careful of himself. Guilty each 10 d. Transportation .

Edward Carver of Edmonton , was indicted for stealing four Shirts val 8 s. the Goods of John Harden , on the 19th of Febr . Guilty . Transportation .

John Hoskins , of S. Peter's , was indicted for stealing two Horses value 10 l. and a Coach val. 20l. the Goods of Henry Etoff , on the 31st of Jan . last. Robert Herbert depos'd, that he was Driver to Mr. Etoff, and on Sunday in the Afternoon he left his Coach upon Tower-Hill , and went to a Gentleman who lived not far from thence, to beg off a Summons that was sent to his Master upon that Gentleman's Complaint. He staid about half an Hour, and at last prevail'd. But when he came back, his Coach was gone, and next day he found it at the Roebuck in Kent-street, where he heard that the Prisoner set it up between One and Two that Morning.

The Prisoner in his Defence said, that Herbert and he were very well acquainted; that he used to water his Horses for him; that they dined together that Sunday, and after Dinner Herbert desired him to take Care of his Coach and Horses, while he went to such a Gentleman's House; and if he could meet with a fare, to take it, and to call upon him as he drove along. Away went Herbert, and soon after some Ladies hir'd the Coach, and would not suffer him to go out of the Way to call upon Herbert; and afterwards, not knowing where to find Herbert, he work'd the Horses the remaining Part of the Day, and then took Care to set them up. Herbert could not deny what the Prisoner said; and there being no Appearance of a Felony, the Jury acquitted him.

Thomas Sheppard , of S. Martin's in the Fields , was indicted for stealing 4s 4d. the Money of Sarah Harris , on the 28th of Jan last. Guilty 10d Transportation .

John Carmichel , (a little Boy ) of S. Martin's in the Fields , was indicted for stealing a Table Cloth, a Sheet, two Pair of Stockings, and an Apron , the Goods of Matth.ias Acton , on the 13th of Febr . Guilty . Transportation .

John Santa-Cruse , of Shadwell , (a Black) was indicted for stealing a Piece of Cable val. 4s the Goods of Solomon Dupar , on the 1st of Feb . Guilty 10d. Transport

Alice Jones , of Whitechappel , was indicted for stealing a Half Guinea , the Money of Samuel Hawkins , on the 6th of Feb . Not Guilty .

Edward Scot , of S. Giles's in the Fields , was indicted for stealing 13 Pair of Stockings, val. 3l. the Goods of Benjamin Appleby , on the 8th of Feb . It appear'd that the Prisoner was a Lodger to the Prosecutor, and the Goods being miss'd, he was examin'd, and confess'd that he had taken 9 Pair. Guilty Val. 39s. Transportation .

John Pope , (a little Boy ) of S. Andrew's Holborn , was indicted for stealing in the Shop of William Cook , a Wooden Drawer value 1d. and a Guinea and 47s. in Silver , on the 24th of Feb . It appear'd that the Prisoner seeing no body in the Shop, crept in, took out the Drawer, and ran a way with it; but being observed by a Neighbour, he was quickly stopt. The Jury found him guilty of Felony. Transportation .

Elizabeth Duce , of the Strand , was indicted for stealing two Shirts, the Goods of a Person unknown . Guilty 10 d. Transportation .

Thomas Johnson , of Cripplegate , was indicted for stealing a Petticoat , the Goods of William Wells , on the 11th of Feb . Guilty 10d. Transportation .

John Davis , Thomas Holford , Ann Ward , and Thomas White , of Cripplegate , were indicted, for that they, with Mary Cartwright , (not yet taken) did steal a Half-Hundred Weight, val. 4s. 6d. the Goods of William Atkinson , on the 14th of Jan . last. They were a second time indicted for stealing a Sheet val. 4s. the Goods of Roger Woodhouse , on the 11th of Jan . last. It appear'd that Holford being apprehended on Suspicion, confess'd the Fact in each Indictment; and the Jury found him Guilty . ( Transp .) But there being no Proof against the others, they were acquitted .

Margaret Raven and Mary Lion , of S. Andrew's Holborn , were indicted for privately stealing in the Shop of Benjamin Lee a Fustian Frock value 12s. on the 22d of Jan last. It appear'd that the Prisoners and two Men came together into the Prosecutor's Shop: The Men cheapen'd a Frock; the Women help'd one of the Men to try it on, who ran away with it, and the Women were stopt. The Prisoners in their Defence said, that they did not know either of those Men, but came in accidentally at the same time. The Jury acquitted them.

Mary Harvey , of Shadwell , was indicted for stealing three Sheets, value 6s. the Goods of Samuel Randal , on the 16th of Feb . It appear'd that the Prisoner was a Chairwoman to the Prosecutor; and the Goods being miss'd, she was examin'd, and confess'd where she had sold them. Guilty 10 d. Transportation .

Robert Grayer and William Whitehead , of Whitechappel , were indicted for assaulting Benj. Wright on the Highway, putting him in Fear, and taking from him 10s. on the 10th of Jan . last.

Benj Wright thus depos'd. On Saturday Night I was drinking at the Cock in Whitechappel with my Master Thomas Munday , (a Weaver) who there paid me 13 s. 6 d. at 10 o' Clock. The Prisoners came in, drank Brandy, and some Discourse passing between them and me about Kicking and Jumping, they ask'd me what I was? And my Wife answered jestingly, Perhaps he is a Running-Footman. They went away before 11 o'Clock, and I and my Wife, and Munday, went soon after Eleven. But some little Difference arising betwixt me and my Wife, I would not go home with her then, but would go first to her Father's in Baker's-Row . My Wife went homewards; and at the End of Greyhound Lane, I parted with Monday, and went to my Father-in-Law's, with whom I staid till about Two about Two in the Morning, and then went to my own Door. The Key being usually left for me under the Door, I was stooping to take it from thence, when the Prisoners came up to me, Oh! D - you, (says Grayer) you are the Running-Footman, are you? What do you mean, Gentleman? says I, D - him, says Whitehead to Grayer, Does be bid you stand? Knock the Dog down. They beat me, hauled me away, and asked me where the other Rogue, Tom. Munday was? I told them I could not tell. Then they said they would have my Money: And Whitehead held me, while Grayer thrust his Hand into my Pocket; which bring Pretty right, the drawing his Hand out again, pulled the Lining after it; and at the same time bursted the Wasteband of my Breeches, which was only fastened with a Pin. Gentleman, says I, have a Care what ye do, for I know ye both. This, I thought, would frighten them; but I was mistaken, for then they beat me worse. And Whitehead cry'd, Murder the Dog No, says Grayer, Let us carry him to the Watch-house. Pray, Gentlemen, says I, don't kill me: Do but spare my Life, and carry me Where you please; is will never be in my Power to do ye any Hart; for I don't know ye, and 'twas nothing but a damned Lye that I told ye when I said I did. At last I got away from 'em, and ran for my Life to Mother Aldridge's, at the Corner of White-street, and told her all that had happened. Elizabeth Aldridge thus depos'd. About Two in the Morning I heard somebody knock at the Door; and thinking it was a Kinsman of mine that I expected, I got up in the Dark, and let in the Prosecutor, who was then a Stranger to me. He presently lock'd the Door. I was frightened when I found my Mistake, and would have put him out again; but he beg'd for the Lord's Sake that I would let him stay, for he had been robb'd of 10s. and was in Danger of being murdered. I struck a Light, and he shew'd the several Places where he was very much Bruised. Tho Munday confirmed the Prosecutor's Evidence so far as to their parting at Greybound-Lane.

The Prisoners, then made their Defence. I am Servant (says Whitehead) to Mr. Robotham, who deals in Manchester Goods, and Mr. Grayer is one of his Customer's. I had sold Mr. Grayer some Goods; and we afterwards went to drink together at the Cock, where Wright and Munday forced their Discourse to us, the former pretending to be a Running-Footman, and was for laying Wagers of his own Activity. We not liking their Company, went from thence to the Blind Beggar of Bednal-Green, where we staid till it was late. It was a Moon-Light-Night. We came away together, and at the End of Greybound-Lane, Wright met me, and stopt me, and hollowed for his Companion, who started from behind us. I knock'd Wright down; upon which, his Companion threw a Brick-Bat at us, and ran away. I ask'd Wright why he stopt me? Gentlemen, says he, if you knew but my Necessity, you would not blame me for going upon the Highway. My Wife is ready to Lie-in, and I have not a Farthing as myself or her. For God's Sake let me go. I told him I would first know who his Companion was. He refused to name him for a long time; but as last, threatning to carry him to the Watch-house, he said it was Munday. Some People who lived there-abouts, looked out of their Windows, heard this and a great deal more. One of them bid us search him to see if he had any Pistols about him; which we did, but found none. In the Struggle, his Breeches fell down, but he pinn'd them again, and got away. Mary Howard , Wim Stiles , and Mary Williamson , depos'd, that hearing a Noise, they looked out of their Windows, and saw three Men quarreling. Says one of the Men, Sirrah, what did you stop us for? Are not you the Rogue that told us at the Cock Alehouse, that you was a Running Footman? Who was your Companion that threw the Brick-Bat, and ran away? He made no Answer; they beat him, and then he said in a muttering Voice, (as if he was afraid of being known by his Tongue.) Well! Gentlemen, I am a poor silly Fellow; and if you will kill me, kill me; but if you knew my Necessity, you could not blame me for what I have done. Mary Williamson called to them, and bid them not kill him, but search him, for fear he should have Pistols, and then carry him to the Watch-house: And the same muttering Voice, answered. Ay, search me and welcome. I am a poor silly Soul, and have not a Farthing in the World. They asked him again who his Companion was? And he at last told them it was Monday. Mr. Robotham and several other Witnesses gave the Prisoners the Characters of honest industrious Men; and that on the contrary, the Prosecutor was a Man of very ill Repute, and would swear any thing. The Jury acquitted 'em, and the Court granted'em a Copy of their Indictment.

Francis Kite , alias Brooks , of Aldgate , was indicted for a Misdemeanor, in publishing and uttering, on the 26th of Jan . last, a Counterfeit Bank Note for 70 l. payable to Samuel Brooks , or Order, dated Jan. 23. 1724. he knowing the same to be False and Counterfeit . It appeared that on Saturday the 23d of Jan. last, Twenty Pounds was paid into the Bank, for which a Bill, Numb. 107, payable to Sam Brooks , or Bearer, was taken out by the Person that brought the Money; but none of the Witnesses were positive that that Person was the Prisoner. Isaac Woodburn depos'd thus. On Tuesday the 26th of Jan. about 8 at Night, the Prisoner came to my House, (the Queen's-Head Tavern on Tower-Hill) He called for Wine, and ordered a Chicken to be broil'd for Supper. When he had done eating, he asked me if I could change him a Bank Bill, for he said he was obliged to go out of Town next Morning before the Bank would be open, and he should have Occasion for a little ready Money. The Bill was Numb. 10. dated the 23d of Jan 1724. for 70 l. payable to Sam. Brooks, or Bearer. Not having so much Cash by me at that time, I sent my Drawer with the Bill to Mr. Green, a Goldsmith in the Minories, who returned Word, that he believed that the Bill was very good, and he would have changed it with all his Heart; but it happened that he had just before paid away a large Sum, and was unprovided. I shew'd it to a Club of Gentlemen that were then in my House; none of them could give me Money for it; but they all agreed that it was good. I carried the Bill again to the Prisoner, and told him I could not get it chang'd. He told me I need not be afraid, for the Bill was good; it was taken out in his own Name, which was Sam. Brooks; that he had three new Houses in Chiswel-street, and he lived in one of them, which was opposite the Tobacco-Roll: And then he asked me what Money I had in the House. I told him I could give him a 50 l. Bank Bill, 10 l. in Cash, and a Note on Demand for the other 10 l. He told me that would do very well. I called my Drawer to be a Witness, and gave the Prisoner the 50 l. Bill, and 10 l. in Money. But he told me, that since what they did was before Witness, he would not give me the Trouble of writing a Note for the Remaining 10 l. but he would take my Word, and call for it in two or three Days. He called for a Coach, (No 370) and ordered the Coachman to drive him to Chiswell-street, and I saw him no more till the 7th of Feb. when hearing that he was in the new Jail in Southwark, I went thither to pay him a Visit. On Wednesday, the Day after he was at my House, I sent my Servant to the Bank with the Prisoner's Bill, to receive 50 l. of the 70 l. which was readily paid him. And the next day, I sent him again for the remaining 20 l. which he also received. Most of this Evidence was confirm'd by Sam Clark , the Drawer. John Pin , the Hackney Coachman, depos'd, that the Prisoner ordered him to drive opposite the Tobacco-Roll in Chiswell-street; but when he came to Aldgate, the Prisoner got out, gave him two or three hard Words, and a Shilling, and went away. Mr. Legross depos'd, that he made Enquiry at the Tobacco-Roll, the Black Raven, and several other Places in Chiswell-street, but could find nobody that knew, or had even heard of such a Man as Sam. Brooks, or Francis Kite , that had ever lived in that Parish; and much less been Owner of three new Houses there. George Bromfield depos'd, that the 50 l. Bill which Isaac Woodburn delivered to the Prisoner, was paid at the Bank to a Woman, on the 27th of Jan. (which was the Day after the Prisoner took it of Woodburn). This was mentioned as a Circumstance of the Prisoner's knowing the 70 l. Bill to be alter'd; for else he might have sent that as well as the other; and if he had gone a Journey that Morning, he would have been as much hindred in waiting to receive the 50 l. as in waiting to receive 70 l. It appear'd that that Bill was so nicely alter'd, that it was not mistrusted even at the Bank, till they came to examine their Books, and then they found that there was no Bill payable to Sam. Brooks given out that day, but one for 20 l. Numb. 107 The Head of the [I] was taken off, and the Body of it turned into an [S,] the [W]was changed into [Ev,] and the [7] in the Number taken quite out.

It appeared that the Prisoner went afterwards to the Fountain Tavern in the Borough. Drawer, says he, I have been a Gaming, and have lost 100l. and have wm 70 l. for which I have taken a Bank Note; and if you'll get it off for one presently, I'll make you a handsome Amends, for I want a little Ready Money just now. The Drawer carry'd it to several Gentlemen in the House, but none of them could change it. The Chester Man being robb'd but a little before, and the Oddness of the Prisoner's offering a Gratuity to the Drawer, began at last to raise a suspicion in some or them, that this Bill was taken from thence. Away the Drawer was sent to the Bank, but he came too late to receive the Money for it: However, they told him it was good, and if he came the next day, they'd pay him. From thence he went to the Post Office, but could make no Discovery. In the mean while, the Prisoner appeared very uneasy, and ask'd Mr. Parks(the Master of the Tavern) if his Drawer was honest; and told him, that if a Drawer proves a Rogue in such a Case the Money will be expected from his Master. The Prisoner still being suspected, he was taken into Custody till farther Enquiry could be made. Guilty . Pillory , fined 20 l. six Months Imprisonment ,and security for 12 Months .

Elizabeth Child of the Poultry , was indicted for privately stealing 17 Yards of Printed Linnen, value 24 s. in the shop of Samuel Collier , on the 22d of Feb . Guilty 4l. 10d. Transportation .

Joseph Collins and George Belcher (little Boy s) of Alhallows, Lombard-street were indicted for stealing a Silver Coral value 16s. the Goods of Thomas How , on the 1st of Feb Collins was acquitted , but Belcher found guilty . Transportation .

Jarvis Murray , of Aldgate , was indicted for stealing two Ounces of Silver, val. 10s. the Goods of Persons unknown , on the 13th of Feb . Acquitted .

Edward Davis , of Aldgate , was indicted for stealing a Handkerchief value 6 d. the Goods of Matth.ew Brooks , on the 21 st of Feb . Guilty Transportation .

John Lemon and John Terril were indicted for a Misdemeanor, in forging and publishing a Bail Bond .

- Pepper, an Attorney, thus deposed; By Order of the Plaintiff Samuel Quessenborough , (Administrator of William Ball ) I took out a Writ against Tho Pixley , Cheesemonger, 10r 70l. on the 23d of May last, and gave it to the Prisoners to execute, and they accordingly arrested Pixley, and carried him to Lemon's House in Barnaby-street. Not long after I saw them again, and they told me that they had taken a very good Bail-Bond, sign'd by John Wilson , a Founder, next to the Adam and Eve in Long-Lane, and William Smith , a Farrier in the Borough; Tho Pixley the Defendant, and themselves, as Witnesses; and that they had deliver'd the said Bond into the Sheriff's Office. I went to the said Office in Thavies, where I found it, and took out an Assignment. I had been several times to enquire after these two Bondsmen, but could never find them; and having afterwards another Writ against Pixley, I carried it to the Prisoners, and asked them, Why they made me run after People that were not to be found? They then both confess'd that it was all wrong, and that they knew no such Persons as John Wilson and William Smith . But (says Leman) it was Terril that signed the Bond with those Names. Mr. Pepper, (says Terril) I call'd this Old Rogue Lemon aside, and told him, that we above all Men ought never to have served you so, because you had always been our very good Friend. G - Damn ye for a Fool, (says he) you'll never know your Business; for as Pepper is our Friend, he will do us no Hurt; and as the Plaintiff Quessenborough is your Kinsman, we have nothing to fear from him. - Take it for a Rule from me, If a Man has a mind to be a Rogue, 'tis his safest way to practice it upon his Friends. Samuel Quessenborough thus deposed: There being no such Bondsmen as John Wilson and William Smith to be found, I began a Prosecution against Terril in the Court of Common Pleas; and meeting him afterwards, Why (says he) do you prosecute me? Do you expect that I shall pay the Debt? You have Reason to pay it, (says I) for it had been secured before now, if you had taken good Bail. Why, that's true, says he, 'tis a false Bond. Lemon's an Old Rogue, and I would have persuaded been from it, for I thought what it would come to; but he would not regard me. The Jury found them both guilty of the whole Indictment. But in Consideration that they had made some Satisfaction to the Persons injured, the Court fined them only 20 Nobles each .

Thomas Evans was indicted for wilful and corrupt Perjury ; but no Evidence appearing, be was acquitted

Mars Bury of Algate , was indicted for receiving a Silver Tankard, value 8l. the Goods of Edw. Jones , on the 9th of Jan . last. But it appearing that she was a Principal, and not an Accessary, the Court directed the Jury to acquit her of this Indictment.

Richard Dicksey . of Cripplegate , was indicted for breaking and entring the House of Thomas Selby in the Night time, (in Company with Tho Hands ) and stealing from thence five Pewter Dishes, value 20 s. 18 Plates val. 24 s. one Kettle 12 s. two Candlesticks 5 s. and a Nest of Drawers, Etc. the Goods of Tho, Selby , on the 27th of Jan . last. Tho Selby deposed, that his House in Golden-Lane was broke open in the Night-time, and the Goods in the Indictment taken from thence; and suspecting the Prisoner, who was his Apprentice , but had run away two Weeks before, he caused him to be apprehended; and he confess'd that he took the Goods, and left them with Tho. Hands in Rose-Alley in Golden Lane. The Jury found him guilty of Felony only . Transportation .

John Higgs , of Wapping , was indicted for breaking and entring the House of Joseph Torkington , and taking from thence three Wigs value 13 l. on the 12th of Jan . last in the Night . Jos. Torkington deposed, that on Tuesday Night, about Eight o'Clock, the Sash of his Shop Window was lifted up by a Person unknown, and three Wigs taken away. The Prisoner was soon after carry'd before Justice Mitchell for abusing a Constable, when one of those was found in his Pocket, which by Order of the Justice was advertised, and the Prosecutor came and described it. The Prisoner in his Defence said, that he bought the Wig of one John Brian for 10s. at the Bird-in Hand at Cow-Cross, on Tuesday Morning; and that John Coomes (a Boy) was then present. John Coomes deposed, that he saw the Prisoner cheapning a Wig of an Irishman, who asked 10s. for it; but said, he would not have sold it at that Price, but that his Wife was Lying-in, and he was hard put to it for Money. The Prisoner asked the Irishman if he came honestly by the Wig, and desired this Evidence to be Witness that he bought it fairly. This he said was on Tuesday Morning; but it appeared that the Prosecutor did not lose his Wigs till that same Tuesday Night. Guilty of Felony 4s. 10d. Transportation .

James Philips , of Whitechappel was indicted for privately stealing in the Shop of Stephen and John Ozwin , 19 Bobbins of Silk value 3 l. on the 26th of Jan . last. It appeared that the Prisoner was Servant to the Prosecutor, and sold the Silk to - Wall and John Crab in the Mint for 1 s per Bobbin: But Wall and Crab afterwards falling out, one of them discover'd it, and then they both abscounded. Guilty 4 s. 10 d. Transportation .

Sarah Scott , alias Holden of S. Giles in the Fields , was indicted for stealing two Shirts value 10 s. the Goods of Alexander Hamilton on the 17th of Feb . Guilty 10 d. Transportation .

Robert Stock , of S. Sepulchres was indicted for the Murder of Ann Hawkinson by giving her with his Foot one mortal Bruise on the Belly, on the 18th of January last of which she instantly died Rachel Wilson , Anna Marin Billing , and Mary Fisher , deposed, that about 10 o'Clock on Monday Morning, the Deceased complain'd to them, that her Master (the Prisoner) had given her such a Kick, that she believed it would be her Death, and she died in two or three Hours after; the Deceased not Subject to the Tiffick Susan Blanch deposed, that between 7 and 8 the same Morning, she heard the Prisoner call the Deceased down Stairs, and say, If he don't come-down, ye Bitch, I'll break your Neck, Edward Adams deposed, that seeing the Deceased lying in the Street, he went in and said to the Prisoner, Mr. Stock, year Maid is lying in the Street, and they say that you have kill'd her. - D - em, they lye, (says he) for I only gave her a Kick on the Arse The Surgeon depos'd, that he narrowly view'd the Maid's Belly as she lay upon a Table; that all appeared fair and White; and he could not perceive the least Blackness, not any external Signs of a Hurt: Then he took out his Instrument and open'd her, but could find no Rupture,s no Confusion, not any thing that could raise the least Suspicion of a violent Death. Her Card was very much wasted, as it common in Persons subject to the Tiffick and Consumption. Mary Corser deposed; that the Deceased was often ailing, and the Prisoner was always very tender of her. He used to make her go to Bed, and gave her good warm Things to comfort her, and did her Business for her. Eleanor Merry deposed, that she has often heard the Prisoner say to his Maid, Nan, if you are not well, go to Bed, and I'll do your Work myself: - I'll bring ye something hot to take inwardly. Elizabeth Ward deposed, that the Deceased often complained of being ill, and said that she had more Ailments than the Tiffick and Consumption; for she had got an Ulcer in her Womb, for which she had been in the Hospital, but was turn'd out again incurable. The Jury acquitted the Prisoner.

Joseph Whitchurch , of S. Clement Danes , was indicted for stealing a Pewter Quart Pot, val. 2 s . the Goods of Samuel Roche , on the 12th of Feb . Guilty to the value of 10 d. Transportation .

Dorothy Spires , of Covent Garden , was indicted for stealing a Leather Bolster, val. 5 s. the Goods of Edward Morgan . But there being no Proof against her, the Jury acquitted her.

Simon Small , of Hornesey , was indicted for the Murder of John Lambert , by Kicking, Beating, Bruising and Pinching him on the Head, Back, Belly, and Privy Members, on the 20th of Sept . last, of which he languish'd till the 30th of the same Month, and then died

He was a 2d time indicted on the Coroner's Inquisition for Manslaughter.

Stephen Morris , at the Green Man on Muzzle-Hill , depos'd, that the Prisoner was his Ostler , and the Deceased Wife served in the Kitchen. The Prisoner and the Deceased were old Friends, and were drinking together in a friendly manner, till some Dispute arising about Wrestling and who was the best man, the Deceased said to the Prisoner, D - ye, you are a Cramin, and I can either throw you or beat you. The Prisoner then had him come out, and try whether he could or no. They both came out, stript and fell to Boxing. At last they were parted, and the Deceased said to the Prisoner, D - ye, Small, you are a Rogue; you kicked me in the Face. However, they shook Hands, drank together, and appeared to be good Friends again. But the deceased afterwards coming by the Prisoner, said to him, I will have t'other Stroke, and so they fell to Fighting, a 2d time. It was not evident that the Blows that the Deceased received were the Cause if his Death; and the Jury acquitted the Prisoner.

Elizabeth Willington of Stepney was indicted for stealing a Gown val 10s. 2 Smock and an Apron the Goods of Edward Sheltrum , on the 6th of February ; but no Evidence appearing, she was acquitted .

William Nichols , of Whitechappel , was indicted for stealing a Table Cloth and two Shirts , the Goods of Henry Burgess , on the 11th of Feb . It appeared that the Prisoner was a Lodger, and they were found Guilty to the value of 4s 10d. . Transportation .

Eleanor Gandy , of Cripplegate , was indicted for stealing (with Elizabeth Smith ) one Pewter Dish, value 2 s. one Pot 18 d. a Pair of Shoot, a Petticoat and other Things , the Goods of Mary Lock , Elizabeth Russel and Mary Atkinson , on the 1st of Nov . last. But the Evidence not being sufficient, the Jury acquitted her.

Elizabeth Hodgkins , of S. Clement Dames , was indicted for stealing a Coat, val. 15 s. the Goods of William Gardner , on the 16th of Feb . but no Evidence appearing, she was acquitted .

John Lewis , of Wapping , was indicted for stealing a Silk Gown val. 20 s. a Stuff Gown val. 7 s. a Scarf val 10 s. and other Things , the Goods of Elizabeth Mitchel , on the 22d of Jan . last. It appeared that the Prosecutor kept a Shop in New Rag-Fair . At the Back of her Shop, there was another, which was parted from her's, only by a Wooden Partition. This Back Shop stood empty; and the Prisoner now and then us'd to get in at the Window, and lie there; sometimes by himself and sometimes with a Woman. But the Prosecutor did not use to lodge in her Shop, except it happened to be a Rainy Night. On Saturday Night she heard a Noise in the Back-Shop; and looking out, saw the Prisoner getting out at his Shop-Window. She went home about 11 o'Clock, and left all safe; and on the Monday Morning following, she found Part of the Partition, betwixt her Shop and the other, broken down, and a great many of her Goods gone, to the Value of above 5 l. some of which she found in the Back-Shop, where the Prisoner us'd to lie. She met him afterwards, and secured him. The Prisoner, in his Defence, brought a Witness to swear, that he was not out of his own Lodging in Brown's Lane in Shoreditch, from Saturday in the Evening, till Monday Morning. But the Evidence against him being very positive, the Jury found him guilty to the Value of 4 s. 10 d. Transportation .

Anthony Areton , of Whitechappel , was indicted for stealing a Cloth Coat, val. 20 s. the Goods of Edward Rudge , on the 28th of Dec . last. Edward Rudge depos'd that having lost his Coat, he found it in the Prisoner's Shop in Rag Fair. The Prisoner said he bought it of Jonathan Hughs . Jonathan Hughs depos'd, that he bought the Coat of Joseph Walters , and I (depos'd Joseph Walters) bought the Coat of - Bains; who stole it. It is my Business to buy and sell old Things: and as I was selling some so - s Wheatly, a Salesman, in Monmouth street, Bains came thither and desired Wheatly to go with him to fetch a Coat out of Pawn. Wheatly was busy, and desired me to go; and I went and paid 9 s. 3 d. for the Coat, and sold it again to Jonathan Hughs for 10 s. I afterwards hearing that the Coat was stole, went to Wheatly, who directed me to the Prisoner. I charged a Constable with him, and he was carried before two or three Justices at Button's Coffee-house in Covent Garden; but there being nobody them present, that could swear to the stealing of the Coat, he was set at Liberty. The Course of this Evidence not at all affecting the Prisoner, the Jury acquitted him.

Mary Webb , of S. James Westminster , was indicted for stealing a Shirt val. 8 s. a Gown 10 s. a Petticoat, two Smocks; two Suits of Head Cloaths, two Aprons, a Wastecoat, a Mantle, and other Things , the Goods of James Talbot and Richard Ashford , on the 5th of Sept . last. Eliz. Ashford (at the Corner of New Queen-street in Tyburn Road ) thus depos'd: The Prisoner was a former Acquaintance of mine, and came to see me. After some Talk, she desired me to go of an Errand for her to her Mother's in Russel Court in Drury-Lane. When I came thither, her Mother bade me make haste back again, or, says she, my Daughter will rob you before you get home. I found her Words true, for the Prisoner was indeed gone away with my Goods; and I saw her no more till about a Fortnight before Christmas, when I accidentally met her in Whitechappel, and held her till I got others to assist me. She confess'd that she had sold some of the Goods at Chipping-Norton. She was committed to Newgate, where she has since Lain-in. The Jury acquitted her.

Martha Cook , John Cornwick , alias Mac Cornwick , Elizabeth Morris , alias Tipping

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

Received Sentence of Death, Four.

Christopher Clitherow , John Lloyd , John Jones , William Moore .

Burnt in the Hand, Five.

Martha Cook , John Cornwick , alias Mac Cornwick , Elizabeth Morris , alias Tipping , John Bavan , and John Higgs . All but the two last were former Convicts.

To be Transported, Forty three.

Thomas Gering , Penelope Blake , Elizabeth Moore , Peter Cartwright , David Dickenson , John Barker , Sarah Gaskin , Bartholomew Morris , Elizabeth Gregory , William Fell , Charles Gordon , Ann Jones , Jane Fleetwood , Edward Dison alias Dixon, Thomas Bury , John Stevens , Charles Castile , John Lemmon , William Atwood , Thomas Maxfield , Edward Ellitt , Simon Pew , Ann Throll , Thomas Turner , Edward Carver , Thomas Sheppard , John Carmickel , John Santa Cruse , Edward Scot , John Pope , Thomas Holford , Elizabeth Duce , Thomas Johnson , May Harvy , Elizabeth Child , George Belcber , Edward Davis , James Philips , Richard Dicksey , Sarah Scot , Joseph Whitchurch , William Nichols , and John Lewis .

John Lemon and John Tirrel fined Twenty Nobles each.

Francis Kite , alias Brooks, to stand in the Pillory on Tower-Hill, fined 20 l. to suffer Six Months Imprisonment, and give Security for his good Behaviour for Twelve Months afterward.

Peter Levee fined 20 l. and to be imprisoned till paid,


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