Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 02 September 2014), May 1725 (17250513).

Old Bailey Proceedings, 13th May 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 Thursday, Friday, and Saturday, being the 13th, 14th, and 15th Days of May, 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 Fortescue, Mr. Baron Page , Sir William Thompson , Kt. Recorder, 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

James Kelham ,

Eustace Harding ,

William Vere ,

William Best ,

Oliver Bressington ,

Jonathan Holland ,

Samuel Puller ,

Edmund Hickman

David Tough ,

John Hains ,

John Dawson ,

John Edwards .

The Middlesex Jury.

James Dunbar ,

Thomas Cradock ,

John Wells ,

Matthew West ,

John Purdy ,

Thomas Ryland ,

Richard Golding ,

William Brin ,

William Brown ,

Richard Wilder ,

Thomas Smith ,

Thomas Wisdich .

The Proceedings were as follows, viz.

John Plant , of Bishopsgate , was indicted for privately stealing from Ann Brown a Handkerchief value 6 d. and two Guineas , the Goods and Money of William Brown , on the 21st of April last.

William Brown thus depos'd: I having two Guineas to pay for Excise, I ty'd it up in a Silk Handkerchief, and sent it by my Daughter Ann Brown, a Child about 10 Years old. She soon came back crying, and said she had lost it going through Bishopsgate . I was told by others, that a Man in a Sailor's Jacket was seen to have such a Handkerchief, and ran down Hounsditch. A Fellow being afterward, seen in such a Jacket, (which was distinguishable by three odd Buttons) he was apprehended, and upon Examination it appear'd that he was the Prisoner's Brother, and that not himself but the Prisoner had that Jacket on when the Girl lost the Money. By his Directions we found the Prisoner at the House of Eliz Fowler , the Cherry-Tree in Golden-Lane. This is the Handkerchief that I ty'd the Money in when I gave it to the Girl, and this same Handkerchief I found about the Prisoner's Neck when he was taken. He confess'd that he met with it near Bishopsgate, and from thence immediately ran through Devonshire-Square into Still-Alley, and there untying it, he found two Guineas in it. He is a Fellow of an ill Character, and has not been long out of New-Prison.

Margaret Kingstow thus depos'd: As I was cleaning Shoos in the Street near Bishopsgate, about Nine in the Morning, I saw the Prisoner pass by me, turn the Lappet of his Jacket aside, thrust a colour'd Handkerchief into his Breeches Pocket, and run down Hounsditch; and presently after I heard the Child Ann Brown crying for the Loss of her Money. Ann Brown deposed, that she lost the Money under Bishopsgate.

The Prisoner thus made his Defence: As I was going along Bishopsgate-street, over against the Church, I happen'd to see this Handkerchief lying upon the Ground; so I took it up, and holding it in my Hand, Who has lost a Handkerchief? says I. Whereupon a Gentlewoman that sells Apples cry'd Halves. But when I open'd it, and found two Guineas in it, 'Tis all your own, young Man, says he, and much good may't do you. If the Gentlewoman was here, she'd say the same thing herself. As for my being in New-Prison, it was for no Harm, for I never did an ill thing in my Life: 'Twas only for Face-making, (that is) getting of Bastard Children. Guilty . Death .

Philip Large , of S. Dunstan's in the West , was indicted for privately stealing from Tho Clements a Handkerchief value 18 d. on the 20th of April last. Guilty 10 d. Transportation .

Sarah Webster , of Walbrook, was indicted for stealing a Guinea , the Chattels and Money of John Griffis , on the 10th of this instant May . Acquitted .

Samuel Hull Edward Harney alias Harvey , and William Sperry , of Aldgate , were indicted for breaking and entring the House of Tho. Hilton , and taking from thence a Wig val. 2 s. two Hones 3 s. a Looking Glass 30 s and three Ounces of Human Hair val. 10 s. the Goods of Tho. Hilton, on the 27th of April in the Night .

Thomas Hilton thus depos'd: I lie in my Shop; I went to Bed about Midnight, and left all fast. About Two, the Watch call'd me up; I found the Bill of my Window was wrenched off, one of the Shutters taken down, the Sash thrown up, and the Goods in the Indictment missing. The Prisoners were committed to New-Prison on Suspicion of another Robbery. I went thither to them, and found one of my Hones and my Wig upon Ned Harney. My Glass I found at Henry Yarp 's in Hounsditch, who bought it of Sam Hull . The Prisoners then made their Defence. Hull said that the Glass he sold to Yarp was left him by his Father. Harney said that he bought the Wig in Rag-Fair: And Sperry protested, that he was as innocent as the Stones unborn. The Jury acquitted them.

Samuel Hull , Edward Harney , and William Sperry , of S. Leonard Bromley , were a 2d time indicted for assaulting Tho. Golding on the Highway, putting him in Fear, and taking from him a Coat val. 4. s a Pair of Breeches, Stockings, Shoos and Buckles, a Hat, a Rure, a Pruning-Knife, and a Penknife , on the 20th of April last. Golding thus depos'd: Between 9 and 10 at Night, a little beyond the Watch-House in Bow Road , I pass'd by a Man which I believe to be Ned Harney : He turn'd back: I asked him why he did so? He swore at me, and bid me stand Some Words pass'd betwixt us, when two more (which I am pretty positive were Sperry and Hull ) started up with a G - D - ye, What do you strike the Man for? They drag'd me into a Field, stript me naked, and then give me an old Wastcoat to put on. I beg'd hard for my Pocket Book. Tell me where you live, says Hull, and I'll send: you to-morrow, if I find nothing in it that will be of use to me. I told him I lived next to the Five Bells in Bromley. He was not so good as his Word: But however, my Name being in it, and it being found in Wood-street by a Men who was acquainted with a Neighbour of mine, I got it again. The Prisoners being sent to New-Prison on another Occasion, I went thither, and found my Breeches upon Sperry. I knew them again by the new Strings, a Darn upon the Knee, and 1 Patch betwixt the Legs. The Pruning Knife I found at Sperry's Lodging. My Penknife he delivered to Sir Isaac Titland , and at the same time said, This Knife I took from Golding in these Breeches. Hull and Harney were acquitted ; but Sperry found guilty . Death .

Samuel Hull , Edward Harvey , and William Sperry , alias Spiller , of S. Andrew's Holborn , were a 3d time indicted for breaking and entring the House of William Colbin , and taking thence three Wigs value 9 l. and 15 Ounces of Human Hair val. 21 l. on the 27th of April last in the Night . William Colbin depos'd, that his Shop was broke open, and the Goods in the Indictment taken away. Hull's Confession before Sir Francis Forbes was read, in which he own'd, that he, with Sperry and Harvey, broke open Colbin's Shop in Camomile-street , (but did not say whether in the Night or Day) and took out the Hair and Wigs, one of which he sold in Middle-Row. The Jury found each of them guilty of Felony to the Value of 39 s. Transportation .

Edward Harvey and William Sperry , of Aldgate , were a 4th time indicted for breaking and entring the House of James Walker , and taking thence six Pair of Stockings val 15 s. on the 28th of April , in the Night-time . James Walker depos'd, that he lost the Stockings out of his Shop at the Hermitage ; but knew not how, not when. John Johnsy thus depos'd: Sperry had lodg'd at my House: His Wife brought me four Pair of Stockings to sell. Where did you get them? says I. - Your Husband leads a loose Life, and I am afraid they are stolen. I am afraid so too, says she, and I believe he'll never leave off till he brings me and himself too to the Gallows. But I'll go and fetch him and his Companion, and let them answer for themselves. She went away, and quickly return'd, with her Husband and Harvey. They asked Half a Crown a Pair for the Stockings. I examin'd how they came by 'em; and Harvey said they were his, and he bought them to go to Sea; but wanting a little ready Money, he was willing to dispose of them again. But afterwards he confess'd that he wrenched aside the Shutters of Walker's Shop, and pull'd them out with a Hook. They were carry'd before the Justice: Their Confession was drawn up, and Sperry was going to sign it; but Harvey pull'd him away, with a G - D - ye for a Fool! Are you going to sign your own Dead-Warrant? They were committed to New-Prison; but the Keeper there was for having them sent to Newgate; for he thought they did not belong to his Posterity. The Jury found them guilty of Felony.

Rawson Paul , of S. Bride's , was indicted for stealing Eleven Guineas, and a Piece of Gold, val. 3 l. the Goods of Tho. Alprice , on the 24th of April last; to which Indictment he pleaded Guilty . Transp .

William Jones , of the Old-Jewry , was indicted for stealing six Ells of Black Mantua Silk, val. 30. s. the Goods of John Slater , on the 6th of May . Guilty . Transportation .

Thomas Board , of Lothbury , was indicted for stealing three Guineas , the Goods of Samuel Vanderplank , on the 1st of this instant May. Guilty . Transp .

Stephen Powell , of Garlick-Hithe , was indicted for stealing two Silver Mugs, val. 7 l. a Silver Tumbler val. 20 s. Nine Spoons val. 40 s. and a Guinea and a half, the Goods and Money of Oliver Mills , in the House of Oliver Mills , on the 29th of April last.

Oliver Mills thus depos'd: I sell a Pot of Home-brew'd Ale . The Prisoner was my Servant , and got up early one Morning in order to brew. Now this Plate of mine was in a Box in the Kitchen, which Box he broke open, and took it away bodily. I enquired after him of an old Acquaintance of his, who told me that he heard he was gone to a certain Whore in the Mint. Then I went to the Mint to see for this Whore, and there I understood that she was removed to fresh Quarters in Drury-Lane. The Prisoner was afterwards taken at the Swan in Leadenhall-Street . He confess'd he had pawn'd the two Mugs and six Spoons at the White Hart and Anchor in Barbican, where they were found. The Tumbler and the other three Spoon he presented to Madam. Mary Armstrong depos'd, that she received the Tumbler and three Spoons from the Prisoner.. Guilty val. 39 s. Transportation .

Jane Johnson , alias Price, alias Peirce , of Bishopsgate, was indicted for stealing a Petticoat, three Mobs, a Sarsnet-Hood, and a Child's Frock , the Goods of Jane Benson , on the 4th of May inst. Jane Benson thus deposed: Mary Lee was my Lodger, and the Prisoner having some Acquaintance with her, came to see her now and then; and so it fell out that she came one Day when I was attending the Child; and the Child was a little cross vixen Thing, and it had befoul'd itself lamentationly: So, says the Prisoner to me, Mother Benson, says she, you look as if you was very weary and sleepy: I would have you go and take a Nap, and lay the Child by you, and I will wash its Things the while. And so I went; but when I waked, and found that this wicked Jade was gone, and my Cloaths were gone too, it put me into a strange Confirmation, for I never respected she would a' served me so. The next Witness deposed to this Effect: My Name is Mary Lee; and tho' I say it, there is never a Woman in the Parish that takes more Care for an Honest Livelihood than myself. I turn my Hand to any Thing to get a Penny: Sometimes I sell Things in Leadenhall Market; and sometimes I do an odd Char at one House, and sometimes at another. We Market-Women are up early and late, and work hard for what we have. We stand all Weathers, and go thro' thick and thin. It is well known, that I was never the Woman that spared my Carcass; and if I spend three Farthings now and then, it is nothing but what is my own. I get it honestly, and I do not care who knows it; for if it was not for something to cheer the Spirits between whiles, and keep out the Wet and Cold; alackaday! it would never do: We should never be able to hold it; we should never go thro' stich with it, so as to keep Body and Soul together. But as for this Jenny Johnson the Prisoner, she coming sometimes for a Quartern to the same Shops that I made use of, we now and then had a Dish of Chat together, and so we became pretty well acquainted; whereof she came to see me two or three Times; and of all the Times in the World, she happened to come that Day as my Landlady lost her Things. Now after that, she comes to me at a certain Place, and there we had two or three Quarterns of such simple Stuff as we poor Souls are glad to drink. And from thence we went to another Friend's House, and there truly she would needs treat me with a Quartern of right French Brandy; whereof I wondred at it, because we had had but a very indifferent Market that Day. Oh! says she, I do not want for money; I have got above a Crown in my Pocket; and so we went to another Friend's House, and another, and another to that; and so by way of Discourse about this, and that, and t'other; and a Talking about my Landlady, and how she lost her Things, and all that; Why, says Jenny, says she, as for your Landlady's three Mobs and a Handkerchief, I sold them all for a Shilling. The Jury acquitted her.

John Jones , of S. Giles's in the Fields , was indicted for privately stealing in the Warehouse, of William Beatnife , two Spring Sides for a Coach, val. 40 s. the Goods of Wm. Beatnife, on the 8th of this instant May . Guilty to the Value of 4 s. 10 d. Transportation .

Mary Hill , of S. Mary-le-Bone , was indicted for stealing a Watch, val. 30 s. the Goods of Lewis Robert , on the 23d of April . It appeared that the Prisoner was Servant to the Prosecutor at the Salutation in Marybone, staid about a Week, took the Watch from her Master's Bed, went off at the Back-Door; and next Day offering it to Sale to Lewis Mattaire , she was apprehended. The Prisoner in her Defence said, that her Master pox'd her; and because his Wife kept him bare of Money, he gave it her to sell to pay the Surgeon. Guilty to the Val. of 4 s. 10 d. Transportation .

Elizabeth Glover , of S. Clement Danes , was indicted for stealing a Table-Cloth, a Petticoat, and a Pair of Gloves , the Goods of Thomas Faulkner , on the 1st of May . Guilty . Transportation .

Hannah Norton , of S. Giles's in the Fields , was indicted for stealing an Apron and three Sheets , the Goods of Flora Stanburg , on the 3d of April last. Guilty Transportation .

Margaret Roberts , of S. Giles's in the Fields , was indicted for stealing a Brass Stew-pan, val 12 d. the Goods of Edward Garret . Guilty val. 10 d. Transp .

Elizabeth Morgan , of S. Dunstan's in the West , was indicted for stealing three Silver Spoons, val. 15 s. the Goods of Richard Hawkshead , on the 24th of April last. Guilty val. 4 s. 10 d. Transportation .

Katharine Green , of S. Andrews Holborn , was indicted for stealing six Pieces of Silk, being Breadths for Petticoats, val. 15. s. the Goods of Persons unknown, on the 10th of April last. Acquitted .

Katharine Lewis , of S. Martin's in the Fields , was indicted for privately stealing from John Hutton 10 s. 6 d on the 23d of April last.

John Hutton thus deposed: I live in the Meuse: I had been in the Temple to receive a little Money, and afterwards staid there drinking till One or Two in the Morning; at which time, being pretty well in for it, I came away; and as I was going along the Strand, I overtook three Soldiers. They jostled me as I pass'd by them; but I went forward without saying any Thing to them: And soon after I met the Prisoner. My Dear, says she, will you give me a Pint? I being willing to shun the Soldiers, who were not far behind me, stept with her into the Crown and Harp Tavern, the Corner of S. Martin's-Lane . I called for a Pint of Wine; but before we had drunk it, I happened to put my Hand into my Pocket, and miss'd Half of a Guinea and some Silver. She ran down Stairs a-cross the Way, and I after her: But presently the three Soldiers came up to her Assistance. She cry'd to them, Kill the Dog, kill him. So they all drew their Bayonets, and forced me up again the Wall. Gentlemen, I hope (says I) you will not be so honourable as to kill me.

Edward Jones thus deposed: As I was coming by the Bottom of S. Martin's-Lane, (the Night was very dark) I heard a Slap o' the Face given, and somebody say, You have pick'd my Pocket you Bitch of Half a Guinea. Coming nearer, I discovered three Soldiers, with their Bayonets drawn, and pointed at the Prosecutor, who was forced up to the Wall. I called the Watch, and the Soldiers ran off. But the Woman endeavouring to get away too, ran against a Coach that stood in the Street, and so was taken.

The Constable deposed, That when the Prisoner and Prosecutor were brought to the Watch-House, they were both confoundedly drunk. She said, if She had any more about her than 4 s. 6 d. she knew nothing of it; but in searching her Pocket, I found Half a Guinea and more Silver. The Prisoner thus made her Defence: The Prosecutor took hold of me in the Strand, and would make me go to the Tavern. I was very unwilling; but he would not let me alone, and so I went. We had three Pints of Wine. He gave me Money to lie with me, but no Gold that I know of. It is possible indeed that Half a Guinea might slip in among the Silver; but I saw none. And because I refused to comply with what he required, be charged me with picking his Pocket, which I was surprized at. However, he paid his Reckoning, went down before me, and waited at Door; and as I came out, You Bitch, says he, give me my Half Guinea. I ran away, and two or three Soldiers came up; but I knew nothing of them, for I never saw them before. The Jury acquitted her.

Elizabeth Marlow , alias Murphy , of S. Martin's in the Fields , was indicted for privately stealing 25 Yards of Dunjar, val. 30 s. the Goods of John Kirk , in the Shop of John Kirk , on the 6th of May . Guilty val. 4 s. 10 d. Transportation .

Mary Clemson , of S. Andrew's Holborn , was indicted for stealing a Silver Porringer, val. 40 s. a Pot 15 s. and 3 Spoone 15 s. the Goods of Walter Longford , on the 28th of April last.

Walter Longford thus deposed: The Prisoner was a Lodger. I lost the Goods on the Wednesday, and on the Saturday following I distributed printed Advertisements to the Goldsmiths, and Pawnbrokers. The Goods were very remarkable, exactly described, and a Reward of 20 s. offer'd. I carried one of these Bills myself to White, a Pawnbroker, in Baldwin's Gardens, who positively denied that he had any such Goods in his House; but going thither again with a Search-Warrant on the Monday following, he presently confessed that he had the Plate, and deliver'd it up; but yet in the Afternoon, he sent his Servant to demand the Reward promis'd in the Advertisement. Guilty val. 4 s. 10 d. Transportation .

Jane Penington , of S. Martin's in the Fields , was indicted for privately stealing two Yards and a half of Holland, val. 5 s. (cut out for a Smock) the Goods of Rachel Humes ; 3 Yards and half of Holland, val. 4 s. (cut out for a Shirt) the Goods of Tho Scot , and a Suit of Head Cloaths, val. 1 s. the Goods of Tho Jenkinson , on the 5th of May . Acquitted .

John England , and William Craftow , of Covent-Garden , were indicted, for that they, with Robert Bent , not yet taken, did steal 1 Cock and 5 Hens, val. 6 s. the Goods of Robert Kirkland , on the 4th of March last. John Kirkland deposed, that his Stall (the Corner of Bow-street in the Covent-Garden ) was broke open, and his Poultry, Oranges, Lemons, and Apples, taken away.

William Audry thus deposed: England set me to watch at the End of the Street, and whistle if any body came, while they broke open the old Man's Apple-Stall; from whence they brought 6 Fowls, and their Pockets full of Oranges, and other Fruit; all which we carried to Tottenham-Court.

The Prisoner England thus made his Defence: I am a Slater by Trade, and that Rogue Audry was to have been my 'Prentice: but he stealing a Game-Cock and 2 Hens, from Justice Ellis, he carried the Cock to fight for 5 Guineas at the Seven-Dials, where it was own'd, and he apprehended; and so, in Hopes of getting off, he has made himself an Evidence, and sworn this against me. Most of his Relations have been Rogues and Whores; his Aunt is now in New Prison; he has had 3 Cousins hang'd at Tyburn, and in a little time he'll go the same Way himself. The Jury acquitted 'em.

Robert Martin , of S. Andrew's Holborn , was indicted for stealing a Suit of Cloths, val. 30 s. the Goods of William Nicholson , on the 10th of April last. Guilty val. 4 s. 10 d. Transportation .

Jane Thornham , of Stepney , was indicted for stealing 4 Caps, val. 6 d. a Pair of Pinners, 12 d. a Pair of Ruffles, 3 d. and a Hood, 6 d. the Goods of William Farrow on the 3d of May . Acquitted .

Thomas Nolson , and William Nolson , of Islington , were indicted for assaulting Jonathan Davison on the Highway, putting him in Fear, and taking from him 16 s. 3 d. the Money of John Davison , and a Brown Mare, val. 20 l. the Goods of John Brown , on the 30th of April last.

Jonathan Davison thus deposed: I being a Taylor , and having done some Work for Mr. Brown, he recommended me to a Friend of his at Harrow on the Hill; to which Place we went together; Mr. Brown in a Chaise, and I upon his Mare: We return'd in the Evening; and I being but an indifferent Horseman, Mr. Brown drove too fast for me. However, I came jogging after as well as I could; and about Ten o' Clock came to Holloway , where the two Prisoners pass'd me; one of 'em had a sort of a Budget, and look'd like a Carpenter: They saw that I was tired, and could not very well get my Mare along the Road; whereupon they turn'd about, and cry'd, D - ye, stand and deliver presently, or you're a dead Man, and so they took 16 s. from me, pulled me off the Mare, and mounted themselves, Tom. first, and Will. behind him. It was a Star-light Night, and I saw 'em pretty plainly, especially Tom. who had a dirty white Wastecoat: They rode towards London, and swore that I was a dead Man if I offer'd to follow them. I walk'd along as well as I could in my Boots, and enquired of some Waggoners that I met, if they saw such Men upon such a Mare? But they told me, No. I called at the Queen's-Head at Holloway, but could hear nothing of 'em; from thence I made shift to get to Mr. Grimsted's, at the Angel and Gown in Islington, where I told 'em how I was robbed, and described the Prisoners and the Mare to them; and not long after, the Boy of the House going to the Door, saw two Men coming along agreeable to my Description, and came and told us. The Prisoners stopt, hung the Mare at the Door, and came in; I would have had Mr. Grimsted have secured them; but he was unwilling to do it at that time; and so being glad that I had found the Mare again, I got upon her, and rode home, without taking any farther Notice of 'em. I am positive that Tom. was one of the Men that robb'd me, but cannot be certain that Will. was the other.

William Grimsted thus deposed: Between 10 and 11, Davison came to my House, told the Company that he was robb'd, and described the Persons. Whether he was disordered with the Fright, or the Vexation of being robb'd, or with walking in his Boots from the Place where he lost his Money, which is about a quarter of a Mile from my House, or whether he had been drinking too much, I cannot tell; but certain it is, that not only I, but all that were in my House took him to be fuddled, and that his Mare had only thrown him, and so ran away But in less than a quarter of an Hour after, my Boy comes in and says, Here's two such Men come to the Door. with such a Mare. We went to the Door, and as soon as we saw 'em, we were of the Boy's Mind, for they answer'd the Description that Davison had given of 'em; one of them in particular was in a white dirty Wastecoat. Davison presently said, These are the Men, and this is the Mare. But then we thought that it was only a Drunken Frolick, because if these Men had taken the Mare from him, they would hardly have stopt at a House so near where the Fact was committed. Davison seeing we gave but little Credit to his Account, he got upon the Mare, and rid homewards, and the Prisoners never offer'd to prevent him. I then ask'd 'em where they got the Mare? They said, they found her astray in White Conduit-Feilds, and were going to carry her to Rolf's Pound: Upon farther Enquiry, I found that they did not come the direct Road to the Pound, but went round a Byeway, thro' Mr. Sibban's (the Cow-keeper's) Ground, which is 4 or 5 times farther about than the right Way. This made me begin to suspect'em; for I thought this was the Reason that none of the Carriers that Davison met on the Road, had seen these two Men upon the Mare; and that tho' he walk'd in his Boots, yet he came to my House sooner than they that rid it; and so I sent for a Constable. The Deposition of this Witness was corroborated by Basil Kemp , Jeremy Eustace , and others.

Robin Hughs (the Boy) thus deposed: As I was shutting up the Windows, I saw the Prisoners coming along, one upon the Mare, and the other walking a foot. It It being the last Day of April, I ask'd 'em if they were going a Maying already? And as they came a little nigher, I thought they and the Beast were agreeable to Davison's Account of 'em; and so I ask'd 'em, where they were going with that Mare? Upon which one 'em said, Let's go and see if it's Grimsted's Mare; but the other answer'd, D - ye what need ye mind what he says? They made a little Stop, and I ran in and call'd my Master.

Mr.Brown thus deposed: Mr. Davison went with me to Harrow; he was in my Company all Day, and I saw him drink nothing that was likely to disorder him. We were benighted in returning; and he being but an indifferent Rider, I lost him before we came to Hollaway But he came to my House late that Night, and told me of his being robb'd, and he was then sober.

Thomas Nolson thus made a Defence for himself and his Brother: I and my Brother were in Union Court, opposite to S. Andrew's Church in Holborn, at half an Hour past Ten. From thence we were going to my Mother's, who lives at Lower Hollaway; and by the way, in White-Conduit-Feilds, we saw this Mare saddled, and her Bridle thrown over her Head, and ty'd to a Stile. I was afraid some Rogues had been robbing thereabouts, and so had left her there; but, says my Brothers, Don't be afraid, we'll take the Mare to Town; but we won't go the Road-way, and then we shall be in no Danger of meeting any body. So my Brother got up, and I walked behind him, till we came thro' Sibban's Ground to the Angel and Crown Ale-house. The Boy was at the Door, and ask'd whose Mare that was? And we said, we could not tell; and so he call'd several People out of the House, and one of 'em said to Davison, Is this your Mare? And he said it was. Why then, said I, I am very glad of it. Whereupon, one Mr. Kemp being there, D - this Fellow, (says Mr. Kemp) he's got drunk, and pretends that he has been robb'd, to impose upon People's Charity, and get some Money by it.

John Baily deposed, that he lived in New-street; that he was a Scabbard-Maker, and dealt in Sword Blades; that Tom. had been his Apprentice , and afterwards his Journeyman , and behaved well all the Time that he knew him.

Elizabeth Foster thus deposed: The Prisoner went from my Mother's in Union-Court at half an Hour past Ten, on the last Day of April; and it was then a very bright Moonshine Night.

Thomas Green thus deposed: I was standing at my Door, at the Angel and Crown in Union-Court, and a Neighbour's Girl came to ask me what it was a Clock. I took out my Watch, and it wanted just three Minutes of Ten; and then I saw Tom. Nolson and Betty Foster come out of her Mother's (Mrs. Witby's ) House. But I was afterwards told that she went to Saffron-Hill with him, and he came back again to see her Home. Elizabeth Witby spoke to the same Effect.

Anne Edge , and her Maid Mary Taylor , at the Queen's-Head in Holloway, deposed, that between Nine and Ten, or there-abouts, Davison called at their House, and asked if two Men were lately come in there? for he said he had been robbed of a Mare and two Guineas. The Court, in summing up the Evidence to the Jury, observed, that it was highly improbable that Davison should tie his Mare to a Stile, and walk in his Boots at that Time of Night, so far as to the Angel and Crown, and there describe two Men, that, according to the Evidence given, it was impossible for him to have seen any where that Day, but near the Place where he said he was robbed; because it was proved that he had been out of Town ever since the Morning: And then the Prisoners came to that very House in less than a Quarter of an Hour after Davison. And tho' Davison walked it in his Boots, yet, as the Prisoners came a Bye-Way that was further about, and came but a Foot-Pace neither, (for one of them walked by the Mare's Side) it is no Wonder that Davison got there a little before them. The Jury acquitted them.

Robert Sanford , of S. Giles's in the Fields , was indicted for assaulting Peter Goutier on the Highway, putting him in Fear, and taking from him 14 s. on the 15th of March last.

He was a 2d Time indicted for assaulting Jacob Deblet on the Highway, putting him in Fear, and taking from him 6 d. on the 15th of March last.

He was a 3d Time indicted (of S. Pancras ) for assaulting William Tolfield in a Field near the Highway, putting him in Fear, and taking from him a Watch, a Wig, a Coat, Wastecoat, Neckcloth, and 4 s. on the 18th of April last.

Peter Goutier thus deposed: Between 7 and 8 at Night, as 1 and Jacob Deblet were coming from Marybone, we were pass'd by the Prisoner, (who was in a Soldier's Coat) and James Little . They turned back upon us; and the Prisoner, clapping a Pistol to my Face, demanded my Money, and took 11 s. 6 d. from me. Jacob Deblet deposed, that in the like manner, and at the same time, James Little took 6 d. from him.

William Tolfield thus deposed: On the 18th of April, between 8 and 9 at Night, as I and another were coming over the Field betwixt Kentish Town and London, James Little, and the Prisoner, who was in a Soldier's Coat, stept up to us. My Friend was suspicious of their Design, and ran away. G - D - my Blood, says the Prisoner, I am sorry I did not shoot that Son of a Bitch; and then clapping a Pistol to my face, he bade me deliver. James Little took my Watch, Money, and Wig; and the Prisoner stripp'd me of my Coat, Wastecoat, and Turnover. The Jury found them guilty of all three Indictments. Death .

Robert Sanford and James Little , of S. Mary-le-Bone , were indicted for a Trespass, in assaulting William Taylor and Elizabeth his Wife , on the Highway, with an Intention to rob them , on the 22d of April last.

William Taylor , the Milkman , thus deposed: As I and my Wife, and Elizabeth Atkins my Maid, were going along Marybone Fields, near the Bear-Garden, the Prisoners came up; Sanford assaulted my Wife, and beat her; and Little presenting a Pistol to me, demanded my Money; which I not giving him, he shot as me, by which I received a small Hurt in my Hand. But however, I began to struggle with him; upon which Sanford left my Wife, and made an Offer to fire at me, but his Pistol would not go of; which so enraged him, that he broke it with beating me about the Head. By this Usage, I received so many Wounds, that I bled as much as two Horses. In the mean time my Maid ran away, and alarmed the Neighbourhood; and Sanford perceiving she was gone, he jumpt over a Bank and got off. I still had hold of Little; but in the Struggle he unbuttoned his Coat and Wastecoat, slipt himself out of them, and ran in his Shirt after Sanford. This is the Coat and Wastecoat that he left in my Hands; they are both very bloody, for I threw 'em over my Head to keep off the Cold. This was corroborated by his Wife and Maid. Little going Home that Night to his Father, and being without his Coat, some Words passed betwixt them; and he began to abuse his Father very grosly, for which he was sent to Bridewell; where, by the Rumour of having lost his Coat, he was quickly found out by the Prosecutor. But in regard that he has given Information of several Robberies, he was not now try'd for the other Facts in which he was concerned with Sanford. The Jury found them both Guilty .

Mary Austin , of S. Martin's in the Fields , was indicted for stealing a Riding-Hood val. 20 s. two Smocks and a Shirt val. 15 s. a Pair of Stockings, and 7 s. in Money, the Goods and Money of Robert Norwood , in the House of Rob Norwood , on the 16th of December last; but no Evidence appearing, she was acquitted .

Susan Junks , of Holborn , was indicted for stealing two Guineas and Half a Crown , the Money of William Booker , on the 22d of April . Acquitted .

Joanna Ogden , of Stepney , was indicted for privately stealing, in the Shop of Richard Cross , 30 Yards of Cotton, val. 45.s. the Goods of Richard Cross , on the 3d of May . Guilty val. 10d. Transportation .

Katharine Dorrell , of Stepney , was indicted for stealing a Quilt, a Sheet, and a Pillowbear , the Goods of Tho. Trumball , on the 1st of May . Guilty to the val of 10d. Transportation .

William Beals , of Finchly , was indicted for stealing three Sheep, val. 24 s. the Goods of John Ekins , and two Sheep the Goods of Jonathan Roberts , on the 30th of April last. Guilty . Transportation .

Thomas Bowden , was indicted for breaking and entring the House of Stephen Watts , and stealing from thence 15 Pair of Breeches, val. 40 s. on the 6th of November last. Guilty of Felony. Transportation .

Joseph Steed , of Stepney , was indicted for stealing a Petticoat, and Eleven Gallons of Beer, val. 15 s. on the 9th of May . Guilty . Transportation .

William Ashby , of Aldgate , was indicted for stealing two Pearl Tassels for a Neckcloth, val. 10 s. and two Silver Sockets set with Diamonds val. 48 s. the Goods of Jacob Pierraro , on the 24th of April last. Guilty val. 10 d. Transportation .

Michael Fennel , was indicted for a Misdemeanor in forging a Certificate or Pass for Joseph Pain to travel the Countries, and beg under the Pretence of being a Ship-wreck'd Sailor going Home to Biddesford . Guilty . Pillory , and a Month's Imprisonment afterwards.

John Ferral , of St. Dunstan's in the West , was indicted for stealing two Guineas, the Money of Katharine Gilburn , in the House of William Davis . Acquitted

Henry Johnson , alias Keebly , of S. Sepulchre's , was indicted for stealing a Petticoat and Smock , the Goods of Willoughby Johnson , on the 1st of May . Guilty val. 10 d. Transportation .

Rebecca Beacham , of Aldgate , was indicted for stealing 44 s. 6. d. the Money of Anne Clemenson , in the House of Anne Clemenson , on the 17th of April last. Acquitted .

Mary Richardson , of S. James's Westminster , was indicted for breaking and entring the House of Matthew Spink , and taking thence 51 s. and an Earthen Tea-Pot , on the 4th of May . Guilty of Felony to the value of 4 s. 10 d. Transportation .

Walter Hetherington , of S. Margaret's Westminster , was indicted for stealing a Silver Bolt, six Silver Spoons, four Silver Forks, a Silver Salt, a Pair of Tea Tongs, and other Things, the Goods of Charlotte Burrows , in the House of C. Burrows , on the 12th of May . Guilty of Felony to the value of 39 s. Transportation .

Richard Kelly , of S. Giles's in the Fields , was indicted for stealing a Coat, val. 10 s. the Goods of George Shaw , and two Handkerchiefs the Goods of Thomas Lewis , on the 28th of April last. Guilty val. 10. d. Transpor.

Jophenix Smith , of S. Giles's in the Fields , was indicted for stealing 12 lb. of Bacon , the Goods of Katharine Foulks , on the 9th of May . Guilty val. 10 d. Transp .

Elizabeth Eaton , of S. Giles's in the Fields , was indicted for stealing two Gowns, and two Smocks , the Goods of Anne Brown , on the 27th of March last. Guilty val. 10d. Transportation .

Elizabeth Anderson , alias Bruce, alias Grisdal , of Wapping , was indicted for stealing three Ells of Holland, val. 15 s. the Goods of Jeffry Adams , on the 27th of April last. Acquitted .

Elizabeth Spurrier , alias Hall , of Wapping , was indicted for stealing a Pair of Blankets, Sheets, and other things , the Goods of Elizabeth Stevens , on the 1st of March last. Guilty val. 10 d. Transportation .

Samuel Collins , of Wapping , was indicted for breaking and entring the House of Matth.ew Pattison , and taking from thence fourteen Pair of Shoos val. 56 s. and three Pair of Boots val. 30 s. on the 22d of April last, in the Night . Guilty of Felony to the val. of 39 s. Transportation .

Margaret Sims alias Brow , and Margaret Silkwood , were indicted for receiving several Pair of Boots and Shoos, the Goods of Matth.ew Pattison , they knowing them to be stoln . Acquitted .

Margaret Gardner , of S. Giles's in the Fields , was indicted for stealing four Curtains, three Sheets, two Plates, and two Candlesticks , the Goods of Robert Pearson , on the 24th of April last. Acquitted .

Anne Rowel , of S. Clement Danes , was indicted for stealing a Gown and Petticoat val. 3 l. a Ring, five Shirts, and other things, the Goods of Elizabeth Wright , in the House of George Allen , on the 29th of September last. Acquitted .

John Alloway , of S. Martin's in the Fields , was indicted for assaulting, ravishing, and, against her will, carnally knowing Sarah Muns , Spinster , on the 19th of April last.

He was a 2d time indicted for assaulting Sarah Muns on the River Thames, (it being a Common Highway) putting her in Fear, and taking from her 9 s. 6 d. the Money of Sarah Muns, on the 19th of April last.

Sarah Muns thus deposed: On Saturday, Night, between 9 and 10 of the Clock, I was taken into a Boat at Hungerford Stairs, in order to go to Westminster. - I do - do not know - I can't say that - that I know - the Waterman , but he carried me upon the Water; - I do not know where, - against my Consent; and there he left me floating in the Boat, at I do not know what Time; but while he staid, he was very - rude - and - a - lay with me - once - whether I would or no. - He had the - the car - nal - use of - my Body - without my Con - sent - by - Force - but not - not against my Will. - I did not comply thro' any Fear - He forced me to it by great Per - Persuasion, and not by any Threats. - And indeed, I cannot say whether he had any Thing to - to - do with me or no. He might, or might not, - but he never meddled with me, - so as to do me any Harm; for if he had, I should have cry'd out; but I made no Noise at all. - As for the Money that he took from me: No, he did not take it from me - against my Will. - I think I gave it him freely. - He was welcome to any Thing that I had about me. - A young Man (I think his Name is Barnham ) found me floating in the Boat about 5 in the Morning; and he took me out, and went with me before a Justice; and I was in a great Surprize, and swore I don't know what. The Jury acquitted him.

Elizabeth Smith , of S. Giles's in the Fields , was indicted for privately stealing from Thomas Bowen 7 Guineas , on the 7th of May . Thomas Bowen thus deposed: About Ten o' Clock on Monday Night, I was got confounded drunk, and was riding along Drury-Lane, and at the Corner of Russel-street I met the Prisoner and another Woman. How do you do, my Dear? says she; Won't you give us a Pint? With all my Heart, says I; and so we went to the Half-Moon Tavern . I hung my Horse at the Door, went up Stairs with them, and call'd for a Bottle of Wine We sat down together, the Prisoner on my Right Hand, and the other Woman on the Left. They began to talk about Country Affairs; I told them I came out of Essex, and they pretended to be well acquainted that way, and grew very familiar with me. The Prisoner thrust her Hand into my Breeches, and the other Woman unbutton'd my Cloaths; and then I began to think that I was got into ill Company, and so I got up and felt for my Money, but could not find it. I charged them with it; but they deny'd it. However, they gave me good Words; but I not being satisfy'd with that, they quickly came to bad ones. But at last, to make me easy, they said they'd help me to my Money again, if I'd pay the Reckoning, and give them the odd Guinea. I offer'd them a Crown, and they agreed to it, upon Condition that I would take my Money again without telling it over; and so I did, and then went away together to a Gin-Shop in Newtoner's-Lane; and when we came there, the Prisoner bade me look upon my Money, and see if it was right. So I took it out of my Pocket to tell it, and she dash'd it all out of my Hand, and then they pick'd it up betwixt 'em, and swore I should never have any of it again. I made a great Uproar, and sent for a Constables. The other Woman ran away, but I secured the Prisoner; and upon Search, we found six of the seven Guineas in a Pail in the Yard. The Prisoner thus made her Defence: I accidentally went to light a Candle at the Gin-Shop, and there the Prosecutor was quarrelling with a Woman. The Woman got away, and thereupon he charged me with being concerned with her. The Jury acquitted her.

Jonathan Wilde , of S. Andrew's Holborn , was indicted for privately stealing, in the Shop of Katharine Stetham, 50 Yards of Lace, value 40 l. the Goods of Katharine Stetham , on the 22d of January last.

He was a 2d time indicted, for that whereas 50 Yards of Lace, value 40 l. was privately stoln in the Shop of Katharine Stetham, by Persons unknown, on the 22d of January last; he the said Jonathan Wilde, on the 10th of March last, did feloniously receive of the said Katharine Stetham Ten Guineas, on Account and under Colour of helping the said Katharine Stetham to the said Lace again; and did not then, nor any time since, discover or apprehend, or cause to be apprehended and brought to Justice, the Persons that committed the said Felony .

The Prisoner, in the Morning before his Tryal came on, dispersed about the Court a considerable Numbers of printed Lists of the Felons that he had apprehended, which concluded in these Words; In regard therefore of the Numbers above Convicted, some that have yet escaped Justice are endeavouring to take away the Life of the said Jonathan Wilde, This extraordinary Proceeding gave Occasion to the King's Counsel to observe, That such Practices were unwarrantable, and not to be suffer'd in any Court of Justice: That this was apparently intended to take off the Credit of the King's Witnesses, and to prepossess and influence the Jury. But as he believed them to be Men of Integrity, he was under no Apprehensions that it would have such an Effect: Nor, on the contrary, could he suppose that they would give any other than a conscientious Verdict, according to Evidence, tho' the indirect Management of the Prisoner was far from making his Cause appear favourable. That it was impossible that a Man that has carry'd on a Trade of Felony for so many Years past; a Man that has bred up and erected a Corporation of Felons; a Man, whose constant known Practice has been to procure Goods that have been lost in any Part of the Town; that it was impossible that such a Man should not have it in his Power to detect those Felons: And yet that there was good Reason to believe, that (to the great Scandal of publick Justice) he has on the contrary terrify'd many from Reformation, and prevented them from making such Discoveries as might have been of Public Advantage. That if a strict Enquiry was to be made after the Motives of his apprehending those Criminals named in his List, we should find that they were private Interest, old Grudges, or fresh Quarrels, and not the least Regard to Justice and his Country, &c. The Prisoner pray'd that the Witnesses against him might be examin'd apart; which the Court granted.

Henry Kelly thus deposed: In January last I went to see Mrs. Johnston, who then lived at the Prisoner's House: Her Husband brought me over from Ireland; upon which Account I wanted to speak with her. I found her at home, and we drank a Quartern of Holland's Gin together. By and by in comes Mrs. Murphy with a Pair of Brocaded Shoos and Clogs, and makes a Present of them to Mrs. Wilde. The Prisoner was in Company. We drank two or three Quarterns more, and then I and Mrs. Murphy got up to go away together. The Prisoner ask'd me which way I was going? I told him to my Lodgings at the Seven Dials. I suppose you go Holborn Way, says he. We answer'd, Yes. Why then, says he, I'll tell ye what; - There's an old Blind Bitch that sells fine Flanders Lace just by Holborn-Bridge; her Daughter is as blind as herself; and if ye call there, you may speak with a Box of Lace, (that is, steal a Box) - I'll go along with ye, and shew ye the Door. So the Prisoner and I and Murphy went together, till we came within Sight of the Door: He pointed and shew'd us which it was, and said he would wait for us, and bring us off, if any Disturbance should happen. Murphy and I went to, and turn'd over a great deal of Lace, but could see none that would please us, not a Piece that was broad enough, and fine enough, for it was our Business to be very nice and difficult. At last, the old Woman stept up Stairs to fetch another Piece: And as People of our Profession are seldom guilty of losing an Opportunity, I made use of this. I took a Tin Box of Lace, gave it to Mrs. Murphy, and she hid it under her Cloak. The old Woman came down with another Box, and shew'd us several Pieces, for which she asked 6 s. a Yard. We offer'd her 4 s. and not being likely to agree about the Price, we came way, and found the Prisoner waiting where we left him. We told him what Success we had had, and so went back with him to his House. There we open'd the Box, and found Eleven Pieces in it. He ask'd us if we would have ready Money, or stay till an Advertisement came out. Stock being pretty low with us at that time, we chose the first, and so he gave us three Guineas and four Broad Pieces. I took for my Share three Guineas and a Crown, and Mrs. Murphy had the rest. I can't afford to give you any more, (says he); for tho' I have got some Influence over her, by helping her to Goods two or three times before, yet I know her to be a stingey hard-mouth'd old Bitch, and I shan't get above Ten Guineas out of her. Margaret Murphy deposed the same; and Katharine Stetham Corroborated that Part of their Depositions which related to their being in her Shop, and added, that she miss'd the Lace in about half an Hour after they were gone. The Evidence was full and positive against the Prisoner. But here his Counsel (who waited in readiness if any Point of Law should arise) stood up, and beg'd Leave to declare it as their Opinion, that the Defendant, according to the Evidence given against him, could not be guilty of the Indictment; and their Reason for it was, that the Indictment sets forth, That HE did privately steal this Lace [IN] the Shop; when it was certain that he did not enter the Shop: That he might indeed be guilty of a simple Felony, in being Accessary before the Fact, or in Receiving the Goods after; but could not be guilty of the Capital Offence, except (according to the Act) it had been inserted in the Indictment, that He did Assist, Here or Command. The Court, in summing up the Evidence, observed to the Jury, that in Felonies, Burglaries, and Robberies on the Highway, every Accessary before the Fact is a Principal; he that stands by, or watches at a Distance, being as guilty, and as liable to the same Punishment, as the very Man that enters the House, or steals the Money or Goods. But as it was not remembered that there had yet been any Precedent, of the like Construction being put upon Indictments of this Nature, it remained as a Matter of Doubt; and therefore, in such Cases, it was most eligible to incline to the Side of Mercy.

The 2d Indictment against Jonathan Wilde was upon the following Clause in an Act passed in the 4th Year of the Reign of his present Majesty; which was read in Court, viz.

'' And whereas there are several Persons who have secret '' Acquaintance with Felons, and who makes it their Business '' to help Persons to their stoln Goods, and by that means '' gain Money from them, which is divided between them and '' the Felons, whereby they greatly encourage such Offenders: '' Be it Enacted by the Authority aforesaid, That '' where ever any Person taken Money or Reward, directly '' or indirectly, under Pretence or upon Account of helping '' any Person or Persons to any stoln Goods or Chattels, '' every such Person so taking Money or Reward as aforesaid, '' (unless such Person do apprehend, or cause to be apprehended, '' such Felon who stole the same, and cause such '' Felon to be brought to his Tryal for the same, and give '' Evidence against him) shall be guilty of Felony, and suffer '' the Pains and Penalties of Felony, according to the '' Nature of the Felony committed in stealing such Goods, '' and in such and the same Manner as if such Offender had '' himself stole such Goods and Chattels, in the Manner and '' with such Circumstances as the same were stoln.''

Katharine Stetham thus deposed: On the 22d of January, between Three and Four in the Afternoon, a Man and Woman came into my Shop, under a Pretence of buying some Lace: They were so very difficult, that I had none below that would please them; and so, leaving my Daughter in the Shop, I slept up Stairs, and brought down another Box. We could not agree about the Price, and so they went away together; and in about half an Hour after I miss'd a Tin Box of Lace, that I valu'd at 50 l. The same Night, and the next, I went to Jonathan Wilde's House; but not meeting with him, I advertised the Lace that I had lost, with a Reward of 15 Guineas, and no Questions ask'd. But hearing nothing of it, I went to Jonathan's House again, and then met with him: He desired me to give him a Description of the Persons that I suspected, which I did as near as I could; and then he told me that he'd make Enquiry, and bade me call again in two or three days. I did so; and then he said, that he had heard something of my Lace, and expected to know more of the Matter in a little time. I came to him again on that day that he was apprehended, (I think 'twas the 15th of February.) I told him, that tho' I had advertised but 15 Guineas Reward yet I'd give 20 or 25 rathe than not have my Goods. Don't be in such a Hurry, says her I don't know but I may help you to it for less; and if I can, I will. The Persons that have it, are gone out of Town, I shall set them to quarrelling about it, and then I shall get it: the cheaper. On the 10th of March, he sent me word, that if I would come to him in Newgate, and bring 10 Guineas in my Pocket, he could help me to my Lace. I went: He desired me to call a Porter; but I not knowing where to find one, he sent a Person who brought one that appeared to be a Ticket-Porter. The Prisoner gave me a Letter, which he said was sent him as a Direction where to go for the Lace; but I could not read, and so I deliver'd it to the Porter. Then he desired me to give the Porter Ten Guineas, or else (he said) the Persons that had the Lace would not deliver it. I gave the Porter the Money; he went away, and in a little time return'd, and brought me a Box that was seal'd up, but not the same that was lost. I open'd it, and found all my Lace but one Piece. Now, Mr. Wilde, (says I) what must you have for your Trouble? Not a Farthing, says he, not a Farthing for me. I don't do these things for Worldly Interest, but only for the Good of poor People that have met with Misfortunes. As for the Piece of Lace that is missing, I hope to get it for you e'er be long; and I don't know but that I may help you not only to your Money again, but to the Thief too; and if I can, much good may't do you. And as you're a good Woman and a Widow, and a Christian, I desire nothing of you but your Prayers, and for them I shall be thankful. I have a great many Enemies, and God knows what may be the Consequence of this Imprisonment.

The Prisoner said nothing in his Defence, but that he had Convicted a great Number of Criminals; only he desired that Murphy and Kelly might be called in again, which was granted. Then (this Indictment being laid for helping Kat. Stretham to Goods that had been stole from her by Persons UNKNOWN) he pray'd, that Murphy might be ask'd who stole the Lace? In expectation, that she would unwarily swear, that herself and Kelly were the Persons; (for tho' such Evidence was given in the former Tryal, the Law could take no Notice of it in this, except it had been sworn over again.) But the Court inform'd him, that as Murphy was an Evidence upon Oath, nobody could require her to answer any Questions to accuse herself. Then he pray'd the Court would ask her, if he (the Prisoner) stole the Lace? To which she answer'd, No; but he was concern'd with those that did steal it, and he received it after it was stolen. From hence the Counsel for the Prisoner beg'd Leave to observe, That as Murphy had sworn that the Prisoner was guilty of Felony, they presum'd that the Act upon which he was now indicted, was never intended to affect him, or any other Felon, but only such Persons that were not Felons themselves, but hold a Correspondence with Felons. For as there were old Laws in Force for the Punishment of Felons, it would have been altogether unnecessary that a new Law should be made to the same Purpose, - that is, to no Purpose at all - That the very Preamble to that Clause of the Act upon which the Prisoner is indicted, intimates, by a plain Distinction, that Felons are not in that Place intended. The Words are thus: '' Whereas '' there are several Persons who have secret Acquaintance '' with Felons and who make it their Business to '' help Persons to their Stoln Goods, and by that means '' gain Money from them, which is divided between THEM '' and the FELONS.'' - That by a Proviso in the said Clause, it could not be supposed that felons were there intended, without making Contradictions and Inconsistencies in the Act itself. For the Words are, '' Unless such Person doth apprehend, '' or cause to be apprehended, such Felon who stole '' the same, and cause such Felon to be brought to a Tryal '' for the same, and give Evidence against him.'' Suppose now that there was but one Person concern'd in such a Case; can it be thought that ever the Legislature intended that this Person should apprehend himself, bring himself to Tryal, give Evidence against himself, convict himself, and hang himself? No, certainly. To this the Counsel for the Crown reply'd to the following Effect, That it was no Absurdity or Contradiction to say, that that Act was intended to affect Felons, even in a Case where there was but one Felon concern'd: For that a Man's being a Felon, did not any way hinder him from discovering his Accomplices, if he had any; and if he had none, but committed the Offence by himself, it would be impossible to try him for taking Money upon Account of restoring Goods that were stolen, till he was first convicted of stealing those Goods: And this first Conviction would then be sufficient. There would be no Necessity for trying him for the other Offence, for if> he was found guilty, it would make no Alteration in his Punishment: But that this was not the Case of the Prisosoner: That it was evident that he had Accomplices, and had not discover'd them. The Court farther observ'd, that Felons were so far from being excepted in that Act, that it was principally intended against them; for it particularly mentions, '' Those that make it their Business to help People to '' stolen Goods.'' And it was certain, that such Persons must be Receivers of stolen Goods, knowing them to be stolen, and such are Felons. That the Case of the Prisoner came within almost every Circumstance of the Act; it being evident that he was a Person that had secret Acquaintance with Felons, who made it his Business to help People to stolen Goods, and by that means gain'd Money from them; which was divided betwixt him and the Felons, and thereby greatly encouraged such Offenders, and had not apprehended them. That it was a very surprizing Plea for a Man to say, I am more guilty than you are aware of, and therefore I ought to suffer less. And that it could not be thought that the Parliament ever intended by this Act to excuse a Man meerly because he was a Felon, and more Criminal than another.

The Jury acquitted the Prisoner of the first Indictment, and found him guilty of the other. Death .

Robert Harpham , and Thomas Broom , of S. George's in Hanover-Square , were indicted for High-Treason, in Counterfieting the Current Coin of this Kingdom , on the 16th of April last. Broom being committed but the Night before his Arraignment, he pray'd that his Tryal might be deferred till next Sessions; which the Court granted.

William Fordham thus deposed. I have known the Prisoner about six or seven Years; he brought a Sett of Coining Implements into my Cellar, in S. Paul's Church-yard ; there was an Iron Press, two Dyes for Guineas, two for Half-Guineas, and others for Moidores, and Pieces that went for six or eight Stivers; a Cutting Tool for making the Blanks, and an Edging Tool for grinding the Edges of the Money. I believe these that are now in the Court are the same; especially the Cutting Tool, and the Fly of the Press, for he had them of me. He did not lodge in my House, but used to come and work there now and then; and sometimes I assisted him in coining about twenty Pieces that were counterfeit Guineas, and Half-Guineas, and some Moidores, and other Foreign Peices. He paid me no Rent for my Cellar; but allow'd me Part of this Counterfeit Money, in Proportion to the Quantity that he made. From S. Paul's Church-yard, by the Prisoner's Directions, I removed these Implements into Rosemary-Lane, and afterwards to Mr. Williams's in Benjamin-Street, near Swallow-Street; and from thence to Mr. Bails's in Wild-Street, where I left 'em, and went to Sea, which is now about two Years ago.

Mr. Hornby thus deposed. I have known the Prisoner eight or nine Years. I being Clerk of the Works at the Admiralty, and he being then a Carpenter , and trading in Timber, we had some Dealings together; but our Correspondence breaking off, I don't know that I saw him for six Years together, till about a Year and a half ago. In October last, a Statute of Bankrupt was issued against him, and I was chosen Assignee. Upon which Occasion, he had several times invited me to dine with him, at Mrs. Milliscent Russell's in Paradise-Row, by Hanover-Square; so in January last, I went thither; I think we had a Turkey for Dinner; but it not being ready, he told me, if I'd go into the Cellar with him, he'd let me see something that I had never seen in my Life. I went down with him, and he shew'd me his Press: In this Press, said he, I can make Buttons; but I'll shew you a greater Rarity; and with that he took up a Piece of gilt Metal, put it into the Press, and struck it, and it came out like a Half-Guinea, except the Milling on the Edge; and that he presently did, by running it thro' his Edging Tool. I believe that this is the same Press, and that the same Edging Tool.

Milliscent Russel thus deposed: When I first knew the Prisoner, he lived with Mr. Fordham in Benjamin-street; from whence, in about four Months, he removed his Lodgings to my House in College-street; from thence into King-street in Golden-Square; and from King-Street to a Plumber's in Jermyn-street, where he lodged when he was taken up. He desired me to let him have the Use of my Cellar in Paradise-Row. I told him it was damp, and was but of little Service to me, and therefore he should be welcome to it without paying any Rent. He brought thither in the Evening several things in Baskets, two great Pieces of Iron, a Block, and other Things, that I had seen him once work with at Mr. Fordham's; and they told me then that they were making of buttons; but I saw some Pieces taken out like Money. He put up a Grate in my Cellar. I have sometimes heard Knocking, but I never saw him work there; for he always kept the Keys himself, and would suffer no body to go down. He used to have Sea-Coal and Charcoal brought once in two or three Weeks; but it was always laid down at the Cellar-Window, and he shovel'd it in himself. He sent me (I believe nine or ten times) to Mr. Yarndner's a Founder, with a sort of blackish Metal to be flatted, to the Thickness of some of the Notches in this Gage Iron; and sometimes I fetch'd the Pieces back again after they were flatted. These Parcels are very much like them: I believe some of them will fit this Notch; that's the Thickness of a Guinea. Yes, they fit it exactly. Then here is another Notch of the Thickness of a Half Guinea; another for Half Crowns, and another for - I don't know what; perhaps for Moidores, or some other Outlandish Money. The last Parcel I carried to be flatted, was a little before last Chistmas; but I never carried out any from the Prisoner after it was flatted. Once or twice, I think, I carried some Gold to be flatted.

Yardner deposed, that Milliscent Russel and Thomas Broom , had often, within these four Years past, brought him Parcels of Metals to be flatted, 20 or 30 lb Weight at a time, which seemed to be a Mixture of Brass, Copper, and other Metals; and that latterly they had brought some Silver.

Mr. Oakly deposed, that about three Years ago he had several times cast a Mixture of Copper, brass, and other Metals for the Prisoner, 20 or 30 lb together. The preceding Depositions were confirmed by Quinny, (who served the Prisoner with Charcoal) Pierce and Brown, two Smiths; the former mended the Fly of the Press for Fordham; and the other made, for the Prisoner, the Iron Clamp or Collar for the Block, to keep it from splitting, which was produced in Court.

Broom the Bricklayer thus deposed: I set up such a Grate as this for the Prisoner in Mrs. Russel's Cellar: I believe it to be the same, by as having so many Bars at the Bottom, which is not usual, for it makes it draw prodigiously. I told him, that such a Grate, in the Manner that I fixt it, would burn the Devil and all of Fuel. So I would have it, says he; it must serve me either to roast or boil, bake or stew.

Mr. Chandler the Messenger deposed, That on the 16th of April, in Mrs. Russell's Cellar, he seized all these Coining Instruments produced in Court, and had had them ever since in his own Custody.

Mr. Pinkny, Deputy Warden, thus deposed: This Press, Cutting Tool, Edging Tool, and these Dyes, which we found in Mrs. Russell's Cellar, can serve for no other Use than Coining. I likewise found there, these 21 false Half Guineas; They are strongly gilt, three of them weigh'd something more than a Guinea. The [O] in [GEORGIUS] leans a little towards the [E], and is something less than the other Letters, which is exactly the same in this Dye, which was found in the same Cellar. These Dyes appear to have been lately made use of, for here is some of the Gilding now sticking in them.

The Prisoner called two or three Witnesses in his Defence. - Knight, a Chair-Maker, thus deposed: I was drinking with the Prisoner in New Bond street, when Hornby came to us in a great Hurry, and desired the Prisoner to get an Iron Clamp for him, and leave it at Mrs. Russell's.

Thomas Butler thus deposed: By Mr. Hornby's Directions, I made the Grate that stands there, and delivered it at Hornby's House in Ax-Yard, Westminster. I never made but one such before, and that was for a Jeweller. I have indeed seen others of the same Nature, that have been made for Silver Smiths, and other Trades that have Occasion for fierce Fires to melt Metal. Some others gave Evidence, that they had often received Money of the Prisoner, but never found that he gave them any that was bad. Guilty . Death .

Isaac Tesling , and Joseph Nabour , of S. Martin's in the Fields , were indicted for privately stealing 33 Guineas from Samuel Watts , on the 15th of October last. Acquitted .

John Marsham , was indicted for stealing a Sorrel Mare, val. 5 l. the Goods of John Bellers . Acquitted .

Robert Blackman , was indicted for privately stealing, in the Shop of Matth.ew Keaner , a Stow Grate . Guilty val. 4 s. 10 d. Transportation .

Thomas Newsted , and Mary his Wife , of S. Margaret's Westminster , were indicted for stealing 20 lb of Feathers and a Petticoat , the Goods of Elizabeth North . Acquitted .

John Cooper, commonly called Blind Cooper , was indicted for a Misdemeanor in putting off several Counterfeit Guineas, &c. knowing the same to be Counterfeit . It appeared, that on the 15th of March, the Prisoner and Harpham were drinking together at the Rummer Tavern, Charing-Cross . Harpham went away, and the Prisoner gave the Drawer a Guinea to change. He carried it down to his Mistress at the Bar. She scrupled it for being so thick. Mr. Thomson, Warden of the Mint, happened to be behind the Bar at the same time, and desired to see it. He caused it is be cut, and it proved Counterfeit. Harpham and the Prisoner afterwards coming to the same House were apprehended

Mr. Reynolds thus deposed. I paid the Prisoner twenty two Guineas on Account of Mr. Hornby. The Prisoner being blind, or pretending to be so, he fumbled over the Guineas a pretty while out of one Hand into t'other, and then began to ring 'em; and one of 'em not sounding well, he desired me to give him another for it, which I did; but when I look'd upon it, I told him I was sure that he never had that Guinea from me, for all that I gave him were old Guineas, but this was a new shining one; but I thinking it might be good, I made no more Words of it, but paid it away in the Afternoon; but the next Day it was return'd me. I told him of it, and he readily gave me two good Half-Guineas for it.

Elizabeth Russel thus deposed. I desired the Prisoner to give me Silver for a Guinea; which he did, after Mrs. Reves, his House-keeper, had look'd upon it, and told him it was good. But next Day she brought me a Guinea, and said she believed it was not good, and desired me to get it chang'd. But this was a King George's Guinea, and the Guinea that I gave him the Day before was King Charle's Guinea. But I did not know what to do in the Case. I went to change it at Mr. Cotton's, and he took me before Justice Ward, in whose Hands the Prisoner's Guinea was left.

Mr. Russel thus deposed: I was telling the Prisoner, that the Guinea that he had given my Wife, was left in the Justice's Hand. The Justice has no Business with it, says he, Go and fetch it from him, and I'll give you eight Groats for it, for the Gold upon it is worth so much. The Guinea was produced in Court, and compared with the other that was cut. They appeared perfectly alike, and particularly the Figure [3] in the Date 1723, was remarkable by a small Blemish occasioned by a Fault in the Dye. One of Harpham's Dyes was again produced, with which they exactly agreed in that, and all other Parts. Guilty . Fined 100. l and 12 Months Imprisonment .

Rachel Barker , and Walter Pritchard , both former Convicts.

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

Received Sentence of Death, Five.

John Plant , Robert Sandford , William Sperry , Jonathan Wilde , and Robert Harpham .

Burnt in the Hand, Two.

Rachel Barker , and Walter Pritchard , both former Convicts.

To be Transported, Thirty three.

Philip Large , William Jones , Thomas Beard , Stephen Powell , Rawson Paul, John Jones , Mary Hill, Elizabeth Glover , Hannah Norton , Margaret Roberts , Elizabeth Morgan , Elizabeth Marlon , Ann Hall, Mary Clemson , Robert Martin , Samuel Hull , Edward Harney , Joanna Ogden , Katharine Dorrell, William Beals , Thomas Bowden , Joseph Steed , William Ashby , Henry Johnson , Mary Richardson , Walter Hetherington , Richard Kelly , Jophenix Smith, Elizabeth Eaton , Elizabeth Spurrier , Samuel Collins , Margaret Silkwood , and Robert Blackman .

Michael Fennel to stand in the Pillory near Fleet-Lane, and afterwards to suffer one Month's Imprisonment.

John Cooper fined 100 l. and to suffer 12 Months Imprisonment.

ADVERTISEMENTS.

This Day is publish'd, (containing a particular Account of the Ancient Order of the Knights of the Bath)

A New Dictionary of HERALDRY; explaining the Terms used in that Science; and with their Keymology, and different Versions into Latin. Containing all the Rules of Blazon, with Reasons for the same; the Original Significance of Roings; and a cife Account of the most noted Orders of Knighthood that are or have been; and of Honours and Dignities, Ecclestestical, Civil, or Military. Frustrated with 196 Devices on Coppers. The Whole design'd to make that Science families. Revised and corrected, with a Letter to the Publisher, by Mr. James Costes . Printed for Jer. Batley at the Dove in Pater-Noster-Row.

This Day is publish'd,

The General History of the wast Continent and I stands of AMERICA, commonly called the WEST-INDIES, from the first Discovery thereof: With the best Accounts the People could give of their Antiquities Collected from the Original Relations sent to the Kings of Spain. By ANTONIA DE HERRERA , Historiographer, to his Catnolick Majesty. Transloted into English by Cap. John Stevens . Vol 1. Illustrated with Cuts and Maps. Printed for Jer. Dove in Pater Noster-Row.

Just publish'd,

A PRACTICAL TREATISE: Or, Second Thoughts on the Consequences of the VENEREAL DISEASE. In Three Parts, viz. I. On the Simples Gonnerrhera, Gleets, and other Weaknesses, whether from Venereal Embraces, Self-Pollution, improperely call'd Ounanism, or Natural Inhercillity. II. On the Virulent Gonnerrhera, or Clap. III. On the Venereal Lues, or Guand Pox. Wherein are plainly shew'd, the exact Degrees of Different, with their Signs, Symptoms, Prognosticks, and Cures, in all Cases; their Beginnings, Progress, and fatal Periods, when neglected, or unskillfully managed; and how their absolute Cure, without Violence or Injury, is completed. With proper and effectual Remedies, in their several Stages, prescribed and recommended therein. With some Remarks on that preposterous Way of Venery, with Mathints, &c. and a plain Discovery of the Dangers (tho' little expected) which means that vile Practise. And many other useful Discoveries relating to Infections in both Sexes, before taken Notice of. The Whole fitted, as well for the Advantage of Patients, as young Practisers. By Joseph Cam , M.D. Printed for the Author; and said by G. Strahan against the Royal Exchange, C. King in Westminster-Hall T. Norris on London-bridge, and J. Baker over-against Hatton-Garden in Holburn. Price 10.

BOOKS just publish'd,

I. ONANIA Examin'd and Detected; or, the Ignorance. Error, Impertinence and Contradiction of a Book called ONANIA, discover'd and detected; wherein also is consider'd the Differences and sundry Degrees of Self-Pollution in both Sexes; with Choice of suitable Remedies both for extinguishing excessive Desires, and also for strengthening the Bodies of such as have been hurt by Voluntary or Nocturnal Emissions. Together with some Thoughts on the Use of the Marriage Bed, whether these can be sinful Excesses therein, or it can be defiled wihtout a third Person; with the Opionions of the most Learned and Approved Authors, as Divines, Physicians and Surgeons, and su itable Observations added by the Author. The whole interspers'd with Variety of Subjects, both serious and jocose. The 2d Edition. By Philo Castitatis; price stitcht 1 s. 6 d.

II Authentick Memoirs of the Life and surprising Adventures of John Sheppard , who was executed at Tyburn, November 16. 1724. The 2d Edition. Adorn'd with Variety of Copper Cuts. Price bound 1 s.

III. The Order of Causes of God's Foreknowledge, Election, Predestination, and of Man's Salvation and Damnation; as also whether Christ died for all, or not for all. By Henry Haggar . The 6th Edition. price 6 d.

IV. The Art of Spelling. By J.P M.A. The 5th Edition, with Additions.

V. La Plume Volante; or, The Art of Short-Hand improved; being the most swist, regular, and easy Method of Short-Hand-Writing yet extant. Composed after 40 Years Practice and Improvement of the said Art. By William Mason ; price bound 2 s. 6 d.

VI. An Essay concerning the Infinite Wisdom of God, manifested in the Continuance and Structure of the Skin of Human Bodies; price 1 s.

VII. The Young Man 's Guide; being a plain Discovery of the Art of Drawing, Engraving in Copper to the Life, and to etch Pictures or other things with Aqua-fortis; price 1 s.

VIII. The Agreement of the Customs of the East-Indians, with those of the Jews and other Ancient People; with Cuts. To which are added, Instructions to young Gentlemen that intend to travel; price bound 2 s. 6 d.

All printed for Jos. Marshall at the Bible in Newgate-street.

At the Spire and Dove, next Door to the White-Lyon, over-against Lyon's-Inn Back Gate, in Witch-street; are to be Sold the following Medicines, (viz.)

I. BOlus Specificus; Or, the Specifick Bolus: Being a Chymical Preparation, which, (with the greatest Safety, Secrecy, and Expedition) perfectly Eradicates and Cures the Venereal Disease, with all its Symptoms, be it of never so long Duration or Obstinacy, without the Use of Mercury, or any other pernicious Drug.

II. Pillula Antivenerides; Or, that Antivenereal Pills; which insallibly cure the most Malignant Clap, or the Running of the Reins, with all its usual Symptoms, as Heat of Urine, Buboes, Shankers, &c. They are likewise an extraordinary Medicine in the Cure of the Gout, Survey, and all other Chronical Distempers.

III. Bolus Hydropicus: A most excellent Remedy for the Dropsy; which wonderfully carries off all watry Humours, causing that Distemper: It being scarcely ever known to ful in the most dangerous Condition, both of Dropsy and Jaundice, and that in a very short time.

IV. Tructura Diuretica; or, the Diuretick Tincture: A most sovereign Remedy in all Cases where Purging by Urine is required; it perfectly carries off all Relicks of the Secret Disease, and is very beneficial in the Stone, Gravel, or Strangury.

V. His Electnarion into Balsamicum; or the Balsamick Electuary: Which is of extraordinary Efficacy in Cleansing, Cherishing, and Corroborating the weakened parts, occasioned by the too frequent and unskilful use of Mercurial Medicines; which, by the Violence of the Operations, so shake and debilitate the Frame of Human Nature. as to cause those Pains, Aches, Gleets, and other Weaknesses incident to both Sexes.

The abovementioned, with many other choice Secrets, too long to be mentioned here, are truly prepared by the Author himselfs: And are to be had only at the Place above; where Attendance will be constantly given.

N. B. There is a Back-Door comes into the White-Lyon Passage.

LONDON: Printed by Geo James in Little Britain; and sold by Tho Wanner at the Black Boy in Pater-Noster-Row: Where Advertisements are taken in. (Price Three-Pence.)