Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 October 2014), January 1727 (17270113).

Old Bailey Proceedings, 13th January 1727.

THE PROCEEDINGS AT THE Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON. AND ON

The King's Commission of Goal-Delivery of Newgate, held at Justice-Hall in the Old-Baily; for the CITY of London, and COUNTY of Middlesex.

ON

Friday, Saturday, Monday, and Wednesday, being the 13th, 14th, 16th and 18th of January, 1727, in the Thirteenth Year of His MAJESTY's Reign.

BEFORE the Right Honourable Sir JOHN EYLES , Knt. and Bart. Lord Mayor of the City of London; the Honourable Sir Thomas Pengelly , Knt. Lord Chief Baron of the Exchequer, the Honourable Mr. Justice Reynolds, the Honourable Mr. Justice Denton, the Honourable Mr. Baron Thompson , Recorder of the City of London, and John Roby , Esq, Serjeant at Law; and other His Majesty's Justices of Goal Delivery, and Oyer and Terminer aforesaid: Together with several of His Majesty's Justices of the Peace for the said City of London.

London Jury.

James Sabin

William Tomlinson

Samuel Packer

George Lawley

Edward Watkins

James Crockett

Thomas Wootton

John Cole

John Shuckbrook

James Lacy

Joel Stephens

William Brown

Middlesex Jury.

John Prater

Thomas Baker

Francis Gouge

William Gilmore

John Martin

Richard West

James Sharpless

William Sudbury

John Gouge

Edward Wren

John Arnott

John Power .

Mary Gold , of London, Spinster , was indicted for stealing 24 Yards of Taffaty Ribband ; the Goods of John Towers , of the Parish of St. Buttolph without Aldgate , Decemb. the 10th .

John Towers depos'd. That the Prisoner came into his Shop, and his Son shew'd her some Ribbands, but before she went away he miss'd a Piece of Cherry colour'd Ribband, and taxed the Prisoner with it, and that they found several Pieces of Ribband upon her

John Towers Jun. depos'd. That the Prisoner came into their Shop and wanted to see some Ribband; and that after she had fix'd upon a Colour, she conveyed the Piece of Cherry colour'd Ribband away, which he immediately missed, having but one Piece of that Colour in the Box: Whereupon he taxed the Prisoner with it, and took her into another Room, and desired his Mother, Mrs. Towers, to search her.

Mrs. Towers depos'd. That upon searching the Prisoner she found the Piece of Cherry colour'd Ribband under the Prisoner's Stays; and likewise another Piece of a Blue green band, which her Son knew to be theirs, he having cut a Yard off but the Night before by Candle-light for blue Ribband, which being return'd, he put it upon the same Block. The two Pieces of Ribband were produced in Court.

She was a second Time indicted for stealing 2 Pair of Women's Leather Shoes, value 3 s. 6 d. the Goods of Thomas Hyram .

John Towers Sen. depos'd. That the Prisoner having 2 Pair of Women's new Shoes, he believed they might be stole likewise; whereupon he sent a Shoe of each Pair to one of his Neighbour's (a Shoemaker) to know if he had lost such Goods, his Neighbour said they was not his, but he believed them to be Mr. Hyram's in Dukes-Place : The Shoes were sent to Mr. Hyram's, who depos'd that they were his Goods.

Thomas Watts , Mr. Hyram's Man depos'd. That the Prisoner came to their Shop and wanted a Pair of Shoes, and upon trying several Pairs, she said one of them was too long, another Pair was too short; at last he found a Pair that fitted her exactly, but then the Prisoner disliked the Heels; and whilst he was looking for another Pair, the Prisoner conveyed the two Pair of Shoes away mentioned in the Indictment, and that he mist the Shoes as soon as the Prisoner was gone; he was positive that the Prisoner on whom the Shoes were found upon at Mr. Towers's, was the Person that was so difficult to please at their Shop. The Prisoner confess'd she took the Ribband, but denied the Shoes. The Jury found her guilty of both Indictments.

[Transportation. See summary.]

Thomas White , (a Boy ) of the Parish of Christ-Church, in the Ward of Farringdon within , was indicted for stealing a Velvet Cap value 3 s. the Goods of Margaret Fenton , December 17. But the Evidence not been sufficient, the Jury acquitted him.

Henry Johnson , of the Parish of St. Olive's Silver-street , was indicted for stealing a Cloth Coat, value 20 s. the Goods of Thomas Wright , and a blue Shag Coat belonging to Isaac Mead , Jan. 8 . The Evidence not being sufficient, the Jury acquitted him.

James Forbes , of the Parish of St. Magnus , Bridge Ward , was indicted for stealing a Cloth Coat, value five Shillings , the Goods of William Yalding , Decemb. 16 .

He was a second Time indicted for stealing a Silver Fork , the Goods of Francis Grubar , of St. Andrew Undershaft, in the Ward of Aldgate , Decemb. 10 . The Jury found him guilty of the first Indictment , and acquitted him of the second .

[Transportation. See summary.]

Charles Caples , of the Parish of St. Buttolph without Bishopsgate , was indicted for stealing two Cloth Coach Cushions, value 30 s. the Goods of William Walson ; but there being a Defect in the Indictment the Jury acquitted him .

Elizabeth Travers , of the Parish of St. Paul's Shadwell , was indicted for stealing a Pistole, value 16 Shillings , the Money of William Martin , Sen. Decemb. 20 .

William Martin, Sen. thus depos'd. The Prisoner used to Wash one Day in a Week at my House, and to Iron another Day, so she was with me two Days in a Week constantly; I am a Victualler , and on the Tuesday before Christmas Day I started some Beer, and going to over-haul my Books, I found my Money short for Payment of my Brewer, and that it did not answer the Draught I made of Liquor; which made me suspect some Body had Recourse to my Money besides myself. The Prisoner came to help Wash as usual, and immediately, was for going up Stairs; whereupon my Wife bid her keep to the Washing-Tub: In a little Time the Prisoner attempts to go up Stairs again, and my Wife desired to know what Business she had up Stairs? She said, to see for some foul Linen; my Wife told her the Maid could fetch that down, and bid her keep to washing: But the Prisoner's making such Excuses to go up Stairs, made my Wife suspect that she must be the Person that came at my Money, upon that I goes up Stairs, unlocks my Draw where I kept my Money, and counts it over very carefully, and put Twenty three Guineas in one Bag, and laid that at the Bottom of the Drawer, and put the Moidores, some half Broads and a new French Pistole in another Bag, and lays that near the Top of the Drawer, then came down, and my Wife sends the Prisoner up Stairs with a Petticoat that was below; the Prisoner carried it up and comes down again presently, upon which I goes up Stairs again, and found my Drawer lockt as usual, I unlockt it, and took out the Bag which had the odd Gold in it, and mist the new Pistole, then I took the other Bag and told over the Guineas, which I found exactly right: I acquainted my Wife and my Son how it was, and then order'd the Prisoner to go up Stairs and brush her young Master's Cloths; my Son taxed her with the Theft, the Prisoner denied it, and offered to be search'd, but first put her Hand in her Pocket and took out the Pistole, and endeavoured to conceal it in her Hand, but my Son perceiving it, he took hold of her Hand, her little Finger being closed, and found the Pistole under it; then the Prisoner said she found it in the Room, but I being in a Passion, told her she was a lying B - h, and that she took it out of my Drawer.

Mr. Martin, Jun, depos'd, That his Father told him he was robb'd, and sent the Prisoner up to brush his Cloths, as she frequently did before he went out, but when the Prisoner came up Stairs and saw him in his Gown, she desired to know what he wanted; whereupon he taxed her with robbing his Father, the Prisoner denied it, and offer'd to be searched, but at the same Time trembled, and was in great Confusion, and that upon searching her he found the Pistole upon her, as set forth in the former Deposition: The Jury found her Guilty to the Value of 10 d.

[Transportation. See summary.]

Thomas Willis was indicted for stealing 4 Yards of Cable, Value 20. d. and part of an Iron Anchor, Value 19 Shillings , the Goods of Samuel Start , Decemb. 3 . But the Evidence not being sufficient, the Jury acquitted him.

Barnaby Phinks , (a Boy ) of the Parish of St. Margaret's Westminster , was indicted, for stealing 3 Gold Rings, value 40 Shillings, and 10 Shillings in Money , the Goods and Money of Thomas Baker : And Christian Phinks , the Boy's Mother was indicted for receiving the same, knowing them to be stolen . But the Evidence not being sufficient, the Jury acquitted them.

Sarah Jones , of the Parish of St. Catherine's was indicted for stealing a Velvet Hood, a Velvet-back Scarf. 2 Silk Gowns, 2 Silk Petticoat, and other Things , the Goods of Christopher Johnson , the 2d of Decemb .

Ann Johnson (the Prosecutor's Wife) depos'd. That the Cloths which were produced in Court were here, and the Prisoner's Confession taken before the Justice being read, she making no Defence, the Jury found her guilty to the Value of 4 s. 10 d.

[Transportation. See summary.]

Thomas Chou , alias Choun , of the Parish of St. Giles's without Cripplegate , was indicted for stealing a Brass Candlestick, value 12 d. the Goods of Henry Goss , Decemb. 21 . The Prisoner's Confession was read in court, and the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Elizabeth Roberts , alias Bustock , of the Parish of Allhallows Lombard Street , was indicted for privately stealing 2 Guineas, from James Lawson , the Money of the said James Lawson, Decemb, 19 .

James Lawson thus depos'd. On the 18th of December I was going along Cornhill between Eleven and Twelve o'Clock at Night, and the Prisoner desired me to go and drink with her; so we went to the Salutation Alehouse in Bell-Yard , and going up Stairs the Prisoner sate down at the End of the Table, and I sate down at the Side, and my Money was in my Left Pocket, for I had taken it out of my right side Pocket and put it into the Left after I came into the Room, and had only some Farthings in my right Pocket, but after we had been Drinking and - and I went to change a Guinea to pay the Reckoning, indeed I was in Drink, but not so drunk neither but I can be sure the Prisoner had pickt my Pocket, for my Guineas were gone, and I desired the Prisoner to give me them back again, but she would not, so I stopt her, and spoke to the Landlord to call a Constable.

Joseph Blee the Constable thus depos'd. Between Eleven and Twelve o'Clock the Man of the House sent for me from the Watch-house in Bishopsgate-street, and when I came there I saw the Prisoner in Liquor, but she denied she had the Money, and asked me to search her, but I told her I had not Impudence enough to search her; however, afterwards she desired me to go up Stairs with her, and then she shewed me the Money, and said that she would give me Half a Guinea to make it up with the Prosecutor: I asked the Prisoner how she came by that Money, the Prisoner told me she Cribb'd it; I took the Money from the Prisoner and have it here.

The Prisoner thus made her Defence. I was going along Cornhill, near the Royal-Exchange, and the Prosecutor asked me to go and drink with him, I denied him at first, but afterwards went along with him to this Alehouse; I own I am an unfortunate Woman, and live by keeping Company, but never wronged Man, Woman or Child in my Life, but only what Gentlemen please to give me (and what can be freer than Gift?) and when the Constable came I offered to be searched, and told him if I had such Money about me it was the Prosecutor's, and that he must give it me among some Half-pence which he gave me to buy a Bunch of Rods, for we were both drunk, and I did not mind what he gave me. I asked him what I was to do with the Rods, and he said he wanted to be Flogg'd, but the Man of the House said he would not suffer any such doings in his House, and then the Prosecutor sent for a Constable, who carried us both to the computer. The Jury acquitted her.

Ann Huntley , of the Parish of Stepney , was indicted for stealing a Linen Sheet, Value 3 Shillings, and a Feather Bolster, value 4 Shillings , the Goods of Joseph Nevil , Decemb, 21 . Guilty to the Value of 10 d.

[Transportation. See summary.]

Michael Anderson and Luke Wall , of the Parish of St. Clement Dane , was indicted for stealing a Cloth Coat, value 20 Shillings, a Silk Handkerchief, value 2 Shillings, and a shirt, the Goods of James James , out of the Dwelling-House of John Williams , Jan 8 .

James James depos'd. That he Lodges at John williams's in Clement's Lane , and that about 9 0' Clock on Sunday Morning last the Prisoner Anderson came there, to enquire after one Cuel a Cook Maid, that had lived formerly where he was Servant; that going up Stairs after Anderson was gone, he cried, Landlord, some Body has been at my Box, his Landlord told him no Body had been there but the Prisoner; and when he miss'd the Goods mentioned in the Indictment, he made it his Business to find out where the Prisoner lodged, which he accomplished by 7 O'Clock that Evening, but the Prisoner was not at home; but going again about 9 o'Clock he met with the Prisoner at home, charged a Constable with him, searched his Lodgings, and found his Coat under the Prisoner's Bed, and by the Prisoner's Direction found out Luke Wall the other Prisoner, who had his Shirt on his Back and his Handkerchief about his Neck.

The Constable depos'd. That he took the Prosecutor's Coat from under Anderson's Bed, that is, between the Sacking and the Bed.

John Williams depos'd. That the Coat was found at Anderson's Lodgings, and that it was by his Direction they found Wall with the Prosecutor's Shirt on his Back, and his Handkerchief about his Neck: The Coat and Handkerchief were produced in Court, and the Jury found them both guilty of Felony.

[Transportation. See summary.]

Robert Hains of the Parish of St. Margaret's Westminster , was indicted for the Murder of Edward Perry , by giving him one mortal Wound with a drawn Sword, on the left part of the Right Breast, near the short Ribs, of the Breadth of half an Inch and the Depth of 12 Inches, on the 28th of Decemb . of which Wound he languished till the 10th Day of January following, and then died . He was a second Time indicted on the Statute of Stabbing. He was a third Time indicted on the Coroner's Inquest for Murther.

Humphrey Toms thus depos'd. Edward Perry (the Deceased) and his Wife and I, were going cross St. James's Park on Wednesday was a Fortnight, between 7 and 8 o'Clock in the Evening, to see Mary Pool a little Way home; Edward Perry and I were foremost about 20 or 30 Yards when we met the Prisoner, who past us and meddled with Mary Pool; upon which Mrs. Perry cry'd out, and we went back to see what was the Matter, and Edward Perry asked the Prisoner why he meddled with the Women; upon which the Prisoner drew his Sword and stuck him, I saw the Pass, saw the Push given, and was within a Yard of the Deceased when he fell, crying out I am a dead Man; neither the Deceased or my self had either Sword or Stick, nor was there any Offence given to the Prisoner, only the Deceased asked him why he meddled with the Women, but never once lifted up his Hand against the Prisoner.

Mr. James Pringle the Surgeon depos'd. That he went to see the Deceased the next Morning after the Wound was given, and found it to be mortal, and that it was done with a Sword, which went in at the 5th Rib on the Right Side, and came out between the 6th and 7th Rib on the Left, and that it had all the Symptoms of being mortal, insomuch that he did not expect the Deceased could have lived Forty eight Hours, notwithstanding he lived 14 Days; and that after he was dead he opened him, and found it had penetrated the Diaphragma, or Midriff, and through the Left Lobe of the Lungs.

Ann Perry thus depos'd. Going over St. James's Park between 7 and 8 o'Clock at Night, my Husband and Humphrey Tonis were before us, and Mary Pool and I followed at a little Distance, the Prisoner passed my Husband and Humphry Toms, but when he came to us laid hold of Mary Pool about the Neck and Throat, in such a Manner as it he wanted to strangle her, more than to salute her; upon which I called to my Husband, who came back, and only ask'd why he did so? the Prisoner gave no Answer but drew his Sword, and thrust it through my Husband's Body in such a violent Manner, that the Point of the Sword penetrated my Thumb so that it festred for near a Week afterwards; my Husband had neither Stick nor Sword, nor so much as offered to lift up his Hand against the Prisoner, but cried out he was a dead Man. The Prisoner made off, and I called out to the Centry, but they did not stop him.

Mary Pool thus depos'd. I having been at Edward Perry 's House in Long-ditch in Corkcutter's Alley, Edward Perry , Ann Perry , and Humphrey Toms , went to see me Part of my Way home; and as we came near Story's-Gate, the Men being before us, the Prisoner took hold of me and almost choak'd me, and laid his Mouth to mine; what he intended I know not, for I was so much frighted that the first Words I heard was from Edward Perry; who cried out he was a dead Man.

Edward Perks thus depos'd. I was coming cross the Park, and before I came to the Chapel I heard a great Noise, and just as I came up to them I heard a Person say he was a dead Man: I assisted to carry the Deceased to the Angel, his Wife taking him by one Arm, and I the other, he being unable to walk; I staid there and saw his Wounds dressed, but the Doctor did not search both Wounds, and the Woman said her Husband was a dead Man.

The Serjeant depos'd. That when he heard what had happened, he sent for Dr. Pringle, who was their own Surgeon, and when the Deceased came to his Speech, he declared he had no Sword with him.

The Prisoner in his Defence said, He did not draw his Sword, but that Toms followed him, assaulted him and beat him, and that Perry gave him several Strokes with a Stick.

Bryan Higgins depos'd. That on Wednesday was a Fortnight the Prisoner and he coming from their Quarters to their Lodgings in Thieving-Lane, Westminster, between 7 and eight o'Clock at Night, they met some Soldiers and pass'd them, and afterwards met the Women, and the Prisoner went to kiss them, and the Man which is dead turned about and struck him cross the Head and Shoulders, and swore D - n his Soul he would see him out, and that he pushed 3 or 4 Times at the Prisoner near Story's-Gate, and that the Prisoner retreated, and that Toms had no Sword, but he had a Stick, and that Perry had a Sword; but this Deponent having neither Sword nor Stick, did not care to go between two drawn Swords, and that they were not long about it.

Thomas Osborn thus depos'd. Coming home from my Quarters with the Prisoner, we met the Deceased and Toms and pass'd them, and afterwards met the Women, but did not know that they belonged to them, Ann Perry called out, and Toms came back and gave Hains a Stroke over the Back with a Stick, then struck him over the Head and made him reel: Hains asked him what that was for, but I saw no Sword drawn on either Side, but Toms said he would see him out.

Corporal Davis depos'd. That the second Night after the Deceased was wounded he went to see him, and asked him how he did, who answer'd but indifferent, and told him he was very weak; then asked his Wife how this Affair happened, she told him the Prisoner took the Woman about the Neck and almost strangled her, and upon that she called to her Husband, who came back, and the Prisoner wounded him in a most barbarous Manner; upon which the Deceased said, hold your Tongue, for I believe we were all fuddled, and added, that he hoped he should recover for his own Sake and for the young Man's Sake, that he forgave him although he had neither Stick nor Sword.

Serjeant Hare thus depos'd. The Night the Quarrel happened they had pursued the Prisoner home to my House, the Prisoner had a naked Sword in his Hand, and they said he had killed a Man, upon which I took the Sword from him, and carried him to the Tilt-Yard.

The Prisoner had his Regimental Coat on, and there was a Hole in the Right Side of it, and his Thumb was cut and all bloody, and he complained that he got it in a Quarrel with the Deceased; his Sword I delivered to Charles Moody , a Drum in the Company I belong to; the Prisoner has lodged at my House near five Months, in the same Room with Thomas Osborn and Bryan Higgins ; he always kept good Hours, and was not given to Quarrel.

Corporal Smith thus depos'd During the Prisoner's Confinement in the Tilt-Yard I saw his Coat and Wastecoat, which seemed to be run through with a Sword, I likewise saw his Thumb bound up with a Handkerchief, but had not the Curiosity to see in what Manner it was wounded: The Prisoner was 8 Months with me in the Barracks in the Tower, and was always a quiet Fellow, and always declined and avoided Quarrels.

Colonel Williamson thus depos'd. The Prisoner is the Son of an old Soldier that is now disabled, and his Father requested me to do something for his Son, I told him that I could not at present, but recommended him to Colonel Price's Regiment, but advised him to take no Bounty Money, and then when any Thing better offer'd he might the easier get a Discharge; the Prisoner is a pretty good Scholar, and understands Latin, and during his being at the Tower, which was near a Year, he behaved so well that I gave him the liberty to come into my Kitchen, and he always appeared to be a very modest Fellow; and for wearing a Sword it is a standing Order, that no Soldier shall be Seen in the Street without his Sword on, which makes me believe the Deceased might have a Sword.

Some of the Evidences for the Prisoner directly contradicting what had been sworn in favour of the Deceased, the Court thought it necessary to ask the former Evidence some further Questions; upon which Ann Perry declared, She saw no Body with the Prisoner, not any Company pass by, but only stragling or single Persons, and that she neither saw Osborn or Higgins to her Knowledge, and that there was no Violence offer'd to the Prisoner, neither did Toms give any Blow.

Humphrey Toms declared, That he saw no Person with the Prisoner, and that he knew Higgins and Osborn by fight, but they were not there.

Edward Perks said, That he help'd to carry the Deceased to his Lodgings, and that he saw neither Sword nor Stick, nor had the Deceased so much as his Sword Belt on.

The Prisoner's Coat and Wastcoat were produced in Court and shown to the Jury, but upon Examination, the Holes in the Coat and Wastcoat did not correspond, being on contrary sides of the Body. The Jury found the Prisoner guilty of all the Indictments. Death .

John Morgan , alias Morley , of the Parish of St. Mildred Breadstreet , was indicted for stealing 30 Guineas, 1 Half Guinea, 13 Moidores, a Quarter Moidore, 2 Broad Pieces value 23 Shillings each, one Half Broad, value 11 Shillings and 6 d. and seven Pounds in Money, out of the Dwelling-House of Humphrey Brearly Decemb. 3 .

Humphrey Brearly thus depos'd. I keep the Crown and Cushion Tavern in Breadstreet , and having occasion to sit up late, I sent all the Servants to Bed, and before I went to Bed, which was about 3 o'Clock in the Morning, I put my Money into a little Drawer and locked it up in a Side Cupboard that is in a Room behind the Bar, then lock'd the Room Door, and went to Bed; about eight o'Clock my Maid came up and told me the Room behind the Bar was broke open; upon which I got up and found it true, then goes to the Side Cupboard where I had put my Money, and found it was all gone but Six-pence; the Prisoner, who was my Porter , had double locked the Door and threw away the Key in the Street, and a strange Porter took it up and let us out: I had advertised the Prisoner in several News Papers, and by an Advertisement in the Gazette, he was taken at Guilford, and confined there; when he came before the Mayor he confessed the Fact and signed his own Confession.

Eleanor Smith , Servant to Mr. Brearly thus depos'd. I got up between 7 and 8 o'Clock in the Morning, Decemb. 3. and asked for the Porter, but he was not to be found, the Iron Bar of the Door was taken down, and the Door was double locked, so that we could not get out till a Porter who found the Key in the Street opened the Door; the Room behind the Bar was broke open, and there lay a little Key and 2 Iron Skewers, I was frighted, called my Master and gave him the Key, and he found he was robb'd.

Radcliff West thus depos'd. I went with Mr. Brearly to Guilford, and when the Prisoner was brought before the Mayor he confessed he had robbed his Master of the Money, upwards of Sixty Pounds, which Money was told over there.

Another Evidence depos'd. That he went with Mr. Scullard to the New Goal in Southwark when the Prisoner was brought there, and asked him if any other Person advised him to commit this Robbery, and the Prisoner said no Person advised him to it, nor did he think of doing it when he first got up, but said he believed the Devil put him upon it, and that he was very sorry for it. The Prisoner confessed the Fact in Court, and the Jury found him guilty of the Indictment. Death .

James Harrison and Thomas Porter , of the Parish of St. Buttolph without Bishopsgate , was indicted for stealing 2 Cloth Coats, value 15 Shillings, a Pair of Breeches 6 Shillings, a Wastcoat 2 Shillings, 2 Hats, 2 Shillings and 6 d. the Goods of Alexander Bick , Decemb. 22 . The Jury found them guilty to the Value of 10 d. each.

[Transportation. See summary.]

William Laylor , of the Parish of Christ-Church, in the Ward of Farringdon within , was indicted for stealing 4 Pewter Plates, value 3 Shillings , the Goods of John Downs , Decemb. the 19th . The Jury acquitted him.

Elizabeth Burgis , Widow , of the Parish of St. Paul's Covent-Garden , was indicted for stealing a Gold Watch, value eighteen Pounds, a Gold Chain, value five Pounds, a Cornelian Seal set in Gold, value 20 Shillings, the Goods of Sarah Cooper , out of the Dwelling-House of Peter Wood , on the 12th of December .

Sarah Cooper thus depos'd. The Prisoner is an Orange Woman at the Old Play-house, and I have often bought Oranges of her, and I invited her to come and drink Tea with me; she used to talk of a pretty Child that she had, and asked if she might bring her with her, I told her she might, and about, five o'Clock in the Evening the Prisoner came and brought her Child with her; she had been come but a little while before she desired to see my Watch, that she might know what it was a Clock, for she must go to the Play-house early, because there would be a full House; I sent my Maid for my Watch, told her what a Clock it was, and said it down on the Table, then asked the Prisoner to drink a Glass of Wine, she said if it was burnt she should approve of it very well; upon which I ordered my Maid to burn it, and she drank 2 or 3 Glasses and then was for going, but said, that if the Child would not be troublesome, she would leave her with me a little while, I told her not at all: She went out and returned again in about half an Hour, my Watch still lying upon the Table, I asked her to come to the Fire, but she would not, but sate down by the Table where the Watch lay; after a short Stay she said she must go to the House, but would leave the Child with me, the Prisoner was no sooner gone but I miss'd my Watch, and when my Maid came, who I had sent for a Knot and a Tart for the Child, we searched the Room but could find no Watch; her Child which was about six Years old said, Don't be frighted, Mamma put your Watch in her Pocket, but she will give it you again. I called a Neighbour and told him I had lost my Watch, and sent my Maid for Mrs. Burgis, to tell her I must speak with her, she came about 7 o'Clock, and I asked her, why she had played the Rogue with my Watch, she denied having meddled with it, upon which I told her she should go before a Justice, and then she desired she might send for a Cloak, and a Hoop-petticoat, and whispered to a Person that I did not know, and that came in without being sent for, who went and fetched her what she wanted; when they came she was a pretty while in putting them on just at a Corner of the Room, near which there was some old Pattens, she pretended her Shoe was unbuckled, or her Garter untied, upon which she stooped down for a little Time: And after we had been before the Justice, and knocked up all the Pawnbrokers thereabout to enquire if the Watch had been offer'd to them, could hear nothing of it, the Watch was found under an old Patten, with the Cristial downward, just by the Place where the Prisoner made an Excuse to stoop, notwithstanding that the Pattens had been removed, and the Place strictly searched before.

The Prisoner thus made her Defence. The Prosecutor invited me to drink Tea and Breakfast with her, and desired I would bring my Girl with me, I went one Morning about 10 o'Clock, and asked her Maid if her Mistress was within, she said yes, but she was in Bed with a Gentleman; I went another Morning, and then a Gentleman's Footman came to the Door, and I suppose she was in Bed with his Master. So hearing she kept such bad Hours, that she seldom got up before four or five a Clock in the Afternoon, I went in the Evening about Five a Clock, and found the Prosecutor dressing of her Head, she asked me to drink a Glass of Wine, and I believe I might drink two Glasses of French Wine burnt, I enquired what a Clock it was, and the Watch was fetched and said down on the Table, I did not stay long, but went out and came again, and told her if my Child would not be thought troublesome I would leave her while I went to the Playhouse, which she seemed very well pleased with; I went away, and after some Time Mrs. Cooper sent for me from the Playhouse, and when I came she asked me why I had played the Rogue with her Watch, I, as very well I might, denied it, and they were for searching me, and I gave them leave to strip me naked (the Constable promising to look out at Window) this was in her own Room, and they did search me, and after they had so done and carried me before the Justices I was admitted to Bail, the Constable that was then charged with me, came the next Morning and told me he had News to tell me, for the Watch was found, and all further Proceedings would be stopt.

Margaret Colebrook thus depos'd. The Prisoner is a very honest Woman. I never heard any Ill of her, and when she was confin'd, Whitehead, declared he had made a strict Search in the Prosecutor's Room, but could find no Watch, and that she staid with the Prisoner till between 12 and 1 o'Clock.

Colonel Ridley depos'd. That the Prisoner sold Oranges, and had a good Character: but that there was great Reason to believe, that the Prosecutor Cooper, was a lewd infamous Woman and a common Street-walker. The Jury acquitted the Prisoner.

Robert Barrowford , alias Johnson , (a Black, Servant to Colonel Johnson) of St. Paul's Covent Garden , was indicted for stealing 5 Holland Shirts, value Forty Shillings, a Handkerchief, value 2 s. 6d two pair of Thread Stockings, value 2 Shillings , the Goods of his Master Colonel Johnson . But the Evidence not being sufficient, the Jury acquitted him.

William West , of the Parish of St. Andrew's Holhorn , was indicted for stealing a Cloth Coat, value 15 Shillings, and a Pea-Jacket, value 8 s. the Goods of Henry Amps , Jan. 7. The Prisoner made a Poor and trifling Defence, and no Body appeared to his Character, the Jury found him guilty to the Value of 4 s. 10 d.

[Transportation. See summary.]

Thomas Coventry , Labourer , of the Parish of St. Martin's in the Fields , was indicted for an Assault on the Body of Catherine Southall , Spinster , and carnally knowing her against her Will , Jan. 5 .

Catherine Southall thus depos'd. The Prisoner courted me for Marriage, and persuaded me to go down Salisbury Street with him, and he would give me the Wedding Ring; it was about 7 o'Clock at Night when he deluded me, and then haul'd me into a dirty Place at lvy-Bridge , and laid me down, and then laid upon me, and wanted to unlace me, then took up my Coats and laid with me - he had to do with me and entered my Body in such a Manner, that I know well enough I might have been got with Child - I did desire him to let me go at first, but he said he would not hurt me - and he lay upon me a Quarter of an Hour, and said if I stirr'd or spoke a Word he would knock my Brains out - I lived about twice the length of the Court off the Place, and when I came Home I told my Mistress I had been with a Man who deluded me away; then my Mistress sent for my Mother, but she did not come till the Monday following; and when she see what a Condition I was in we took up the Man, he lived before at the next Cellar to us, but went away that Night, and came there no more: We had been acquainted about a Week - indeed, I never made any Enquiry after him, but my Mistress did, and we heard he was in the Rank with the Hackney Coachmen every Night.

Mary Kinerly thus depos'd. Katherine Southall was my Servant , I was not within when she went out, but when she came in she was in a vile Condition all over dirty - I asked her where she had been, she said, to buy some Cheese: However, I sent for this Fellow's Mistress, and we took the Girl into a private Room in the back Part of the House, and examined her very strictly, and made her undress herself; and observing what a Condition she was in, I asked her where she had been, and she said, (crying before his Mistress and my self) the Prisoner took her to Ivy Bridge, which is a very dirty Place, and there he had to do with her against her Will - ; about Half an Hour after this, I went to a Cellar where my Husband was at work, (not the Cellar the Prisoner used to frequent) and I told him that some Man had done something to our Girl which he ought to be punished for; the Prisoner was there drinking Geneva, but I did not know it when I spoke, and he was telling some Soldiers that he longed for a Maidenhead, and by G - d he had got one, and swore the Girl was 16 Years of Age, and as fit for Business as I was; after this, I got a Warrant from Justice Harper, gave it to a Constable and took the Prisoner.

Sarah Kinman (Midwife) thus depos'd. When this Girl's Mother came to me, she desired me to search her Daughter; and upon searching her I found a Man had had to do with her, but I can't say that her Condition was any otherways than what it might have been upon such an Occasion, if no Violence had been used to her; but for my Part, I could never have been persuaded or deluded to it in such a dirty Place.

The Prisoner thus made his Defence. Katherine Southall used to come after me to our Cellar, and would be always giving me Apples or Oranges, or one Thing or another: and I asked her to lend me Six-pence, and she sent it me; I asked her for a Quartern of Gin, and she gave it me; and she asked me to hang her Windows on for her, and I did it, then she asked me if I would drink a Pint of Beer, and I went along with her; and when we came out I asked her to lie with me, and she consented, and came along with me, and took up her Gown Tail that it might not be dirty; and when it was over I asked her to send me a Shilling, and she lent it me; and then said, what shall I say to my Mistress that my Cap is so dirty, I'll not tell her that I have been with you, but I will tell her that a drunken Man run against me and threw me down in the Dirt; the Place is not above five Yards distance from the Strand, and there were People passing by in the Time. The Jury acquitted him.

Thomas Gripp and John Hill , of the Parish of St. Giles's in the Fields , were indicted for stealing 13 Shillings in Money, a pair of Silver Buckles, value 3 Shillings, a Linnen Table-cloath, value 3 Shillings ; the Money and Goods of John Audley , Jan. 2 . They were a second Time indicted for stealing a Sarsnet Hood, value 12 d. a Handkerchief, value 10 d. and other Things , the Goods of Susanna Legget , Jan. 1 .

Mary Audley thus depos'd. I keep a Chandlers Shop in St. Giles's , and on the 2d. of January the Prisoners and John Dukes came to my Shop and offered a Sarsnet-Hood and a Handkerchief to Sale, and while I was bargaining with Gripp for the Hood and Handkerchief, Hill and Dukes went into my Room backward, and called for a Quartern of Gin, and when the Prisoners were gone I mist the Money and Goods mentioned in the Indictment; upon which I caused the Prisoners to be apprehended, and John Hill confessed where he had pawned the Table-Cloth.

John Dukes thus depos'd. On Saturday was Fortnight I went to carry out some Drink, and as I returned home I found the Sarsnet-Hood and a Handkerchief in Vine-street, and I shewed them to Thomas Gripp , and asked him what I should do with them, he said I might sell them to Mrs. Audley; so on Monday Night I went with the Prisoners to Mrs. Audley, and gave the Goods to Gripp to dispose of; and while he was bargaining with Mrs. Audley, Hill and I went into the Room backwards and drank a Quartern of Gin, and Hill gets up while they were busy forwards, and pulls out a Drawer, takes out a little Key and unlocks the Drawer where the Money was, and takes it and put it into his Pocket: Upon which, I asked him how he came to know where the Money was, he answered, that he had been drinking there a little before, and Andley wanted some Money and he see him take it out of that Drawer, and put the Key into the other; and that when Gripp came backwards to them, Hill sent him forwards again to buy some Herrings, and whilst Gripp was buying the Herrings, Hill stole the Table-Cloth, but could not perceive that Gripp knew any Thing of the Matter from any Conversation they had afterwards. The Jury acquitted Gripp, and found Hill guilty of the first Indictment.

[Transportation. See summary.]

Sarah Castle , of the Parish of St. Giles's without Cripplegate , was indicted for stealing a Holland Frock, value 3 Shillings, a Handkerchief, value 6 d. the Goods of John Duffield , Decemb. 27 . Guilty to the Value of 10 d.

[Transportation. See summary.]

James Black , of the Parish of St. Paul's Shadwell , was indicted for stealing a Brass Saucepan and a Copper Pot, value 2 Shillings each , the Goods of William Pincard , Jan.2 .

William Pincard depos'd. That the Prisoner was his Apprentice , and he lost the Goods, and had reason to suspect the Prisoner.

The Prisoner's Confession was read in Court, and the Jury found him guilty to the Value of 10 d.

[Whipping. See summary.]

Abraham Preston , of the Parish of St. James's Clerkenwell , was indicted for stealing a Leather Saddle, value 5 Shillings , the Goods of James Blagden . Jan. 3 . Humphry Porken thus depos'd. The Saddle was in my Custody, and upon my Horse, and was taken from thence.

Thomas Kingham thus depos'd. I see the Prisoner take the House off the Saddle, but I mean the Saddle off the Horse; and it was Mr. Blagden's Saddle. The Prisoner in his Defence said he found it in the Road. The Jury found him guilty to the Value of 10 d.

[Whipping. See summary.]

Mary Fretts , of the Parish of St. Sepulchre's , was indicted for stealing a Linnen Gown, 2 Mobs, 2 Handkerchiefs, and 18 d. in Money , the Goods and Money of Elizabeth Thomas , Decemb. 21 . The Fact was plainly proved, and the Jury found her guilty to the value of 10 d.

[Transportation. See summary.]

Richard Dutton , of the Parish of Chelsea , Labourer , was indicted for stealing 4 Brass Tops for a Coach, and a Pewter Plate with a Coat of Arms , the Goods of Thomas Hall , Esq : Decemb.24 . But the Evidence not being sufficient, the Jury acquitted him.

Richard Bryan , of the Parish of St. Andrew's Holborn , was indicted for stealing 6 Hats, Value 35 Shillings , the Goods of Thomas Harrison . Guilty to the Value of 10 d.

[Transportation. See summary.]

Margaret Reynolds , of the Parish of St. Paul's Covent-Garden , was indicted for stealing a Cloth Coat, value 15 Shillings, a Wastcoat, value 12 d. and other Things , the Goods of Edward Holmes . But the Evidence not being sufficient, the Jury acquitted her.

Sarah Williams , of the Parish of St. Margaret's Westminster , was indicted for stealing an Iron Grate, value 5 Shillings ; the Goods of Samuel Sellon , January 10 . Acquitted .

Elizabeth Salis , of the Parish of St. Giles's , was indicted for stealing a Cotton Gown and Cap , the Goods of Elizabeth Cover . Decemb.14 . Acquitted .

Mary Mukes , of the Parish of St. John's Wapping , was indicted, for that she, with Jane Dennis and another Person, did rob Isaac Estwick on the Highway, of 3 Guineas, a Half Guinea, and four Pounds in Money , between 7 and 8 o'Clock in the Evening. Jan. 2 .

Isaac Estwick thus depos'd. Between 7 and 8 o'Clock on Monday Night on the 2d of January, as I was going along Nightingale-Lane , a Woman was standing at a Door and asked me to come in, I not being willing, she took me by the Cholar and pull'd me into the Shop; I had two of my Acquaintance with me, which they beat and turned out of the House, and then bolted the Door; when they were gone, the Prisoner and Jane Dennis , and another Person seized me and pulled me down with such Violence that I shriek'd out, begg'd they would spare my Life, I felt my Money taken away, for it was in a Bag altogether, but was so frighted that I can't say which of them took it; the Prisoner and Jane Dennis went away, and left only a Woman in the House with me; I would have got away, but could not till my Friends came back and got the Door open.

Anthony Carrel thus depos'd. Going along Nightingale-Lane Jane Dennis was standing at a Door, (it was a Gin Shop) and I asked her if she would give me any Thing, and went in, my Cousin Estwick came up, but was not willing to come in, but Jane Dennis would not let him pass the Door, but laid hold of him and pull'd him in by Force, and after we had drank some of their Liquors, I would have had my Cousin come away, but they said he should not, and took up a Poker and beat one that was with me, and he went away I would have had my Cousin come away, but he said he knew his own Time, and would go by and by; and afterwards when he would have come away they would not let him, but pull'd him by the Coat, and said he should stay there; indeed he had not informed us what Money he had about him, so I went out, and when I came back again he said he was robbed of Seven Pounds fifteen Shillings.

The Prisoner in her Defence said. That she knew nothing of his Money, nor see any of it, excepting 18 Pence which he paid her for Liquors; and called one Edward Johnson , who being sworn, said, That he came into this House about 9 o'Clock that Evening, and found the Prosecutor there who told him that there had been a Quarrel, and he had lost Seven Pounds fifteen Shillings, but he did not charge it on the Women that were there, but said it was two Men that were with him, who were his Evidence next Morning. The Jury found her guilty of Felony.

Jane Dennis , (who had been admitted to Bail, surrended herself some Hours after this Trial was over) and was indicted in the like Manner; and the same Evidence being produced against her as against the former Prisoner; the Jury found her Guilty of Felony.

[Transportation. See summary.]

Eccles Russel , Gent . of the Parish of St. George the Martyr was indicted for a Misdemeanor, for that he and three other Persons unknown, on the 20th of November last, did in a riotous Manner meet together about one o'Clock in the Night of the same Day, and the Dwelling-House of Thomas Benson , Esq ; did strive to break and enter, with an Intent to take away his Wife and Goods, to the Value of three Hundred Pounds; and for assaulting the said Thomas Benson with a drawn Sword . He was a 2d Time indicted, for conspiring with William Cunningham , Esq; to take away the Wife and Goods of the said Thomas Benson , Esq; .

Mr. Benson thus depos'd. The 17th of November I went to to my Office and found a Letter directed to me, which I could not very well read, but found it related to some unwarrantable Proceedings in my Family; and going home about 5 o'Clock, I found my Wife's two Sisters, then asked the Maid where her Mistress was, she answered, gone to Mr. Middleton's: I went to Mr. Middleton's, but they did not Dine at home that Day; she had called there but did not stay, but had been at Cunningham's Lodgings. On Saturday Morning I went out of Town, and left Word that I should not come home that Night, but came home sooner; and in the Stables saw two strange Fellows: And there used to be so many Irishmen about my House, I ordered that no Body should come there without my Knowledge; my Wife complained that it was very strange, if she nor her Sisters must have no Body come to them. I stay'd at home all Day on Sunday, and about 10 o'Clock at Night as I was at Supper with my Wife and her Sister, Joseph Hunt , my Groom, desired to speak with me, I went out, and he desired me to take care of my self, for I was to be murthered to Night, and in the Stable I should find Mary Walthoe , my Wife's Maid who would tell me more; I went to her, and she said I should be murthered, and that her Mistress had a Pistol in her Pocket now, and that her Cloaths were all packed up, in order for her going away between Twelve and Two: I found the Cloaths packt up. Upon which, I said to my Coachman, Richard, will you stand by me? He answered, he would, I went to a Gentleman to desire his assistance, but he was out of Town; I went to see for my own Pistols, but they were not to be found, for they had been carried away to Mr. Cunningham. I then sent to Mr. Harcourt of the Crown Office, and begg'd he would come immediately, but he was not at home; I went into the Parlour, where was my Mother, Sisters, and my Wife, and seized a Pistol in her Pocket; I told them the Story, and fetched her packt up Cloths; and then sent into Shoreditch to Robert Dug's, desiring him to come to my Assistance, and to bring what Arms he could with him, or else I should be murthered: Robert Dags came about one o'Clock. One of the Maids I sent to watch above Stairs at the Window, said, they were come; and presently after I heard a Noise at my Door, as if some Body had been unlocking of it; I rush'd our, saw the Prisoner at the Bar about eight Foot from my Door, making haste over the Ways; I followed him and seized him by the Collar, and turning his Face to a Light, I saw it was the Prisoner, and pushed him from me, and told him he was not the Villain I wanted, (had it been Cunninghams, I believe I should have shot him, for I had a Pistol charged in my Hand) turning back I heard a Noise, and as I thought, saw Cunningham go off; I pursued him down the Street, but could not find him; when I came back my Coachman had seized the Prisoner, who had come back to my Door and drawn his Sword then he talked of having Satisfaction of the little Man in black, but I heard him say nothing of it before.

Pheby Lewis depos'd. That Thomas Ashton a Porter lodged at her House, and that he had a little Girl lay in the same Room, who hearing Ashton tell his Wife what Letters he carried to 'Squire Benson's Lady, and how Mr. Cunninghams visited her; and that he being at Supper there one Night when Mr. Benson came home, they put him into a Closet; the Girl telling this Story, induced this Deponent to send Mr. Benson the Letter he received concerning his Wife and Family.

Mary Walthoe depos'd. That she knew of Mr. - Cunningham's coming to her Mistress a Nights after her Master was in Bed, and that Cunningham told her he intended to come and take away her Mistress that Night, between the Hours of 12 and 2 of the Clock, and that he gave her a loaded Pistol to give her Mistress at her own Desire, and said, if there was any Resistance he would gag and tie all the Servants in the House, and that if he murthered them he did not care, but he had never a Servant at home at present, for Mr. Russel was not come home from hiring the Yacht that was to carry her Mistress away; upon which this Deponent was very uneasy, for fear there should be Murther committed in Case of Resistance; and intended to acquaint her Master with it, but not having Opportunity to speak to him, she told the Coachman and Groom of it, and likewise how the delivered her Mistress a Pistol, which she had from Mr. Canningham; which Pistol was produced in Court. She further depos'd. That the Prisoner knew her Mistress very well, had frequently brought Letters for her Mistress from Mr. Cunningham; he had been at our House often, and came down to Tunbridge on Mr. Cunningham's Account, and spoke to my Mistress there.

Mr. Delauny depos'd. That he made the Pistol, and that his Servant sold a Pair of them to Mr. Cunningham, and that he had known Mr. Russel 2 or 3 Years, and always took him to be Mr. Cunningham's Companion, and not his Servant.

Richard Keneday thus depos'd. The first Knowledge I had of this Affair was but about a Week before this happened; for going into Hertfordshire with my Mistress, Mrs. Benson, to see the Child, we came back to the Crown at Ware in the Evening, and I saw two strange Horses in the Stable, and at Supper-time, sitting in the Kitchen, I saw one Clouds, who I mistrusted was Cunningham's Servant; and we drank Wine together, but he would not let me pay any Thing: In the Morning I put my Mistress forward to go home, and we baited at the Old Bell at Edmonton, as soon as we got there comes Mr. Cunningham and Clouds; Cunningham goes in a Doors, and Clouds comes to me; we drank Wine again, and he ordered the Foot-Boy might not come into our Company, and would not let me pay any Thing: When I got upon my Box he gave me 10 Shillings, I thanked them, but did not know what it was for. And when I saw Mary Walthoe carry out several Bundles on Sunday, I threatned her. He further depos'd. At the Time, Mary Walthoe told us they would come, I saw Ashton the Porter by my Master's House, and asked him what he did out at that Time a Night? And he said he was going home, he thought; just after he left him, St. Paul's Clock struck One: I had not been in half an Hour before the Waits came and played at our Door, and the Cook, who was placed in the Drawing-Room, said, there were 3 or 4 Men looking in at the Iron Rails; when I came out I saw several People, but knew none but Russel, tho' there were four that did not belong to the Waits. That Russel, drew his Sword, and threatened Mr. Benson, but we had Fire Arms, and made him surrender his Sword, and seized him: The Prisoner pretended not to know Mrs. Benson, who was got out of Window on the Iron Rails, but said, Who is the Lady, he would save her Honour, and offer'd her his Hand.

Jane Ramshaw depos'd. That she did not see Mr. Cunningham, but did see Mr. Russel, that he had black Cloaths on and white Stockings; that he had been walking up and down the Street twice on the other side of the Way, and once by their Door, and look'd in at the Rails; and that when her Mistress got out at the Parlour Window upon the Iron Rails, Russel said, Dear Madam, what makes you out, don't make a Noise, you shan't be hurt; and that she took the Prisoner's Hand from her Mistress's Hand, and the Coachman took her down.

Mr. Benson (the Prosecutor's Brother) thus depos'd. My Brother sent me to Shoreditch for Robert Dag , and we were come out a few Minutes before this happened, and I saw the Prisoner cross the Way; and when Mrs. Benson was upon the Rails, he gave her his Hand, and had his Sword drawn, and said that the first that came to him was a dead Man.

John Dags thus depos'd. I see Mistress Benson on the Rails, and the Prisoner said, save her Honour, and had his Sword drawn.

Mrs. Sarah Keet thus depos'd. I saw the Cloaths packt up and a Diamond Buckle had been sent before to Mr. Cunningham, and my sister designed to go away that Night with Mr. Cunningham, who I have seen with my Sister; I saw him once in the Chamber where my Sister lay, and she ordered me out of the Room; and I have seen the Prisoner six or seven Times at Mr. Benson's and I believe he delivered Letters from Mr. Cunningham for I have heard some of his Letters read, and they contained professions of Love; the Prisoner never delivered any Message to me, but to Mary Walthoe ; and I have seen him at Tunbridge at my Sister's Lodgings, but I never saw Mr. Cunningham at Mr. Benson's when he was at home, but once, and then he came to return him Thanks for some Favour done him.

For the Prisoner, Mr. Hammond depos'd. That the Prisoner at the Bar came to the House the Monday before this happened, and agreed with her for a Lodging for a Gentleman that would be private; and that there would not be above two or three Persons come to him: And I insisted that no Woman should come to him, being cautious in that respect for the Reputation of my House. And the next Day after the Gentleman came, he invited me to Dine with him, and told me he was in Debt, and desired I would not let any Bailiff in, and the Prisoner used to be with him every Night. She swore she was awaked out of her Sleep at One in the Morning by the opening of the Door, she put on her Cloaths and went down, and cloud was in the Entry, and Cunningham and Ashton above Stairs.

Margaret, Mrs. Hammond's Maid swore. About One o'Clock she let the Prisoner out of their House, that Ashton the Potter was not out of their House till after Two o'Clock, (which was positively contradicted by Keneday, Mr. Benson's Coachman) and that Mr. Cunningham and Cloud his Man, and Ashton were all up, and in their House, about the Time of the Disturbance in the Street.

Mr. John Gother depos'd. That Mr. Cunningham was indebted to several Persons very considerably, and that he advised him to go to Holland about 3 Weeks before this happened, for his own Safety.

Mrs. Benson was examin'd by Consent of both Sides, she depos'd. That she was not positive that Mr Russel was privy to her going away with Mr. Cunningham, he had resolved to carry her away as had been mentioned; but did not name particularly who should assist him; but when she was upon the Iron Rails, the Prisoner came up and said no Body should hurt her. That the Prisoner had brought Letters and Messages from Mr. Cunningham, and knew her very well; that she was several Times with Mr. Cunningham, at his Lodgings; and Mrs. Hammond see her and knew of it.

One of the Waits depos'd. That one of their Company had 2 s. and 6 d. given them to play a Tune under Mr. Benson's Window, and they were repulsed by Mr. Benson's Servants, and the Prissoner followed them, and would have them go back and play there again. The Jury found him guilty of both Indictments.

[Fine. See summary.]

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

Thomas Morris of the parish of St. Anne's Westminster , was indicted for stealing 72 Calve-Skins, Value 14 Pounds, and some Morocco Leather, to the value of 40 Shillings ; the Goods of John Biggins , Octob. 29 . and Francis Morris was indicted for receiving Part of the said Leather, knowing it to be stole .

Thomas Heymore thus depos'd. I went to pursue Thomas Morris , and took him at the Bull at Dunstable, where he confessed the Fact, and owned that he took the Goods out of a Room up two Pair of Stairs in Cranbone Alley, his Brother lodging at next Door, he got over the Leads, and took the Goods at several Times.

Thomas Biggins thus depos'd. I went in Pursuit of the Prisoner with the former Evidence, and when we took him he confess'd to us how he took the Goods, and that he had most of them in a Waggon going to Chester; and after having secured him we pursued the Waggon, and had the Goods by his Direction: There were others that corroborated this Evidence, and he confessed the Fact in Court but said, that his Brother Francis was entirely ignorant of the Matter. The Jury acquitted Francis Morris, and found Thomas guilty of the Indictment. Death .

Sarah Williams , alias Newel , of the Parish of St. Paul's Covent-Garden , was indicted for privately stealing 3 Guineas, a half Guinea, and five Pounds in Money, from James Grimes , Decemb. 12 .

James Grimes thus depos'd. I came to John Tindel 's in Bridge's-street , and went into a Room with the Prisoner, and drank 3 or 4 Quarterns of Gin, I pulled out my Money before my Sister and the Prisoner, and my Sister would have had me gave her the Money, but I would not, but drank till I took a Nod, and then lost my Money.

His Sister thus depos'd. The Prisoner asked my Brother to treat her, to which he consented, and I left my Brother and the young Woman together about a Quarter of an Hour, and when I came back my Brother said his Money was gone. Another Evidence depos'd. That Mr. Grimes came and ask'd for Mr. Tindal, he being not within he went into the Back Room with the Prisoner, they bolted the Door and was together near an Hour.

Sarah Crouch thus depos'd. I lodged at the same House where the Prisoner did, and she was drinking that Day, and got very merry, and pull'd out two Crown Pieces, four Shillings in Silver, and three Guineas and a Half, but had other Money in her Apron, or something that sounded like Money, and she snapt her Fingers, and said she had bit a Man out of so much Money; and that she could live, where some B - s would starve. The Jury found her Guilty . Death .

Patrick Mason , of the Parish of St. Martin's in the Fields , was indicted for stealing 2 Steel Saws , the Goods of Joseph Beaton , Jan. 2 Guilty to the Value of 10 d.

[Transportation. See summary.]

Frances Hand , of Uxbridge , was indicted for stealing two Guineas, and five Pounds in Money, out of the Dwelling House of Robert Darey , Nov. 21 . But the Evidence not being sufficient, the Jury acquitted her.

Mary Smith , alias Randall , of the Parish of St. Margaret's Westminster , and Margaret Davies , alias Murfey , of the same Parish; were indicted for stealing seventeen Yards and a Half of printed Linnen, value 30 Shillings, and thirteen Ells of Garlick Holland, value 17 Shillings ; the Goods of John Atkinson , January the 10th .

John Atkinson thus depos'd. The Prisoners came to my Shop about 4 o'Clock in the Afternoon, and wanted some printed Linnen, I called my Wife, being engaged on the other side of the Shop; afterwards I came and relieved her; the Prisoners were very difficult, as most such Customers are, I shewed them some, they said they liked the Fancy, but the Cloth was too thin. Randall said they should do no good to Night, so went away, and Murfey followed; I told my Wife I didn't like the Customers, and looking amongst my Goods I miss'd a Piece of printed Linnen: Murfey came back and offer'd one Penny a Yard more; whereupon I sent for a Constable and secured her. I saw Randall standing over the Way, who observing me coming towards her, avoided me by going into an House; I afterwards meeting her in the Street, stopt her, and found my Goods I had then mist in her Custody; at which Time another Piece dropt from her, which a Boy in the Street took up, and proved to be my Goods also; and a Mob arising, some Body said they believed she had more Goods about her: However, having brought her back, and got her and Murfey in a Coach, had them before a Justice; when as Randall was stepping out of the Coach she chanced to drop a Piece of Garlick Holland, which being mine, I had but small Suspicion, having shewed them none when in my Shop; but looking upon it I found my own Mark on it: But when we came before the Justice he happened to be indisposed, and could not take their Examination, but had them committed by another Justice.

Mr. Devon thus depos'd. I was standing at my Father's Door, and hearing Mr. Atkinson was robbed, I and another stopped Randall, and asked her what she had got, she answered what's that to you; at which Time I saw the Goods drop from her.

Richard Davies depos'd to the same Effect, and that the Prosecutor found the Linnen he had miss'd upon Randall, and also the other Piece which dropt from her.

William Hooker the Constable thus depos'd. I having the Prosecutor's Orders to secure the Prisoners, had them before Justice Railton, when I observ'd Randall to have something under her Petticoats very stiff, and thought it had been a Sword, but it happened to prove a Piece of Garlick Holland, which was the Prosecutor's. Randall confessed the Fast and said Murfey was innocent.

Murfey in her Defence thus alledged. I having the Curiosity to see the Rabbit Woman, Randall went along with me, who said she wanted some printed Linnen; and going to the Prosecutor's Shop I took it to be with an Intent to buy, and was altogether ignorant of what she had done. Upon the Whole, the Jury acquitted Murfey, and found Randall guilty of the Indictment. Death .

Robert Steel , of the Parish of St. Andrew's Holborn , Chapman , was indicted, for that he , being declared Bankrupt, did not Surrender himself according to Notice for that Purpose given, and not conforming himself to the Direction of the Statute in that Case made and provided . But it not appearing that he was legally declared a Bankrupt, and that the Notice for Surrendering himself was not duly served. The Jury acquitted him.

Levy Joshua , was indicted for stealing a Peruke, value four Pounds , the Goods of John Gabriel Bowman , Novemb. 14 . The Jury found him guilty of Felony.

[Transportation. See summary.]

Joseph Gregory and Ruben Winfield , of the Parish of St. John's Wapping , were indicted, for that they with Edward Gregory , not yet taken, did steal a Lighter, value 30 Pounds, and Coals to a considerable Value , the Goods of John Davis . But the Evidence not being sufficient, the Jury acquitted them.

William Roberts , of the Parish of St. George's Hanover-Square , was indicted for stealing 2 Hats , the Goods of Robert Mackweaver . Guilty .

[Transportation. See summary.]

Joseph Wooll , was indicted for stealing 4 Silver Spoons, value 40 Shillings, a Fustian Frock and other Things , the Goods of John Radford , Decemb. 18 . Acquitted .

Thomas Kemp , Jun. of the Parish of St. John's Hackney , was indicted for stealing a Silk Purse, 3 Guineas, and seven Pounds in Money, out of the Dwelling-House of Joseph Surteys , Octob. 20 . Acquitted .

Mary Husey and Margaret Bivan , were indicted for stealing 8 Pewter Plates and a Holland Frock , the Goods of Daniel Dye , Decemb. 24 . The Jury acquitted Bivan , and found Husey guilty of the Indictment.

[Transportation. See summary.]

John Bailey , of the Parish of St. Ann's Black-Fryers , was indicted for stealing 7 Ounces of Silver, out of the Shop of John Moyden , Decemb. 31 . Guilty to the Value of 4 Shillings and 10 Pence .

[Transportation. See summary.]

Robert Copes , was indicted for stealing a Silver Tankard, value eleven Pounds , the Goods of Dorothy Scott , Decemb 31 . Guilty .

[Transportation. See summary.]

William Dunn , of the Parish of St. Bartholomew, near the Royal Exchange , was indicted for an Assault on the Body of Mary Hurst , Spinster , and Carnally knowing her against her Will , Sept. 29 . But no Evidence appearing, the Jury acquitted him.

John Foulks , was indicted for stealing a Diaper Table-cloth, value 10 Shillings, and other Linnen , the Goods of Sarah Davis , Jan. 6 . Guilty to the Value of 4s. 10 d.

[Transportation. See summary.]

Thomas Forse , was indicted for privately stealing one Moidore, 5 Guineas and a Half Guinea, from Francis Davis , Decemb. 9 . But the Evidence not being sufficient, the Jury acquitted him.

Mary Porch was indicted for stealing 9 Yards of Callico , the Goods of Daniel Rice , Decemb. 22 . Acquitted .

Isaac Chiswell , was indicted for stealing a Silk Gown, value 10 Shillings , the Goods of Jane Damsel , Decem. 10 . Acquitted .

Darby Eley and Susanna Hutchinson , were indicted for stealing 2 Dozen of Silk Handkerchiefs, and 2 Dozen of Silk and Cotton Handkerchiefs, 12 Shillings in Money, and two Petticoats ; the Goods and Money of Sarah Harris , January 7 . But the Evidence not being sufficient, the Jury acquitted them.

John Davis , was indicted for stealing a Yaul, value 10 Pounds, and 2 Chaldron of Coals , the Goods of Edward Gregory . But it appearing to be a malicious Prosecution, the Jury acquitted him.

Margaret Lye , was indicted for stealing 2 Quart Pots, value 20 d. the Goods of Hercules Hill , August 10 . Acquitted .

William Cousins , alias Mackmillion , was indicted for stealing Goods to the Value of 20 Shillings, out of the Dwelling-House of Ann Martin . Guilty to the Value of 10 d.

[Transportation. See summary.]

Mary Godfrey , of the Parish of St. Giles's in the Fields , was indicted for stealing 4 Suits of Head-cloaths, and other Things , the Goods of Mary Buck , Decemb. 15 . Guilty to the Value of 10 d.

[Transportation. See summary.]

The Trials being ended, the Court proceeded to give Judgement as follows:

Received Sentence of Death 5.

John Margan , alias Marley, Robert Hains , Mary Smith , alias Roudall, Thomas Morris , Sarah Williams , alias Newl.

Mary Smith , alias Randall, pleaded her Belly; and a Jury of Matrons being impanelled, they found her Pregnant.

To be Whipt 2. Abraham Preston , and James Blake .

Transportation 26.

Elizabeth Travers , Sarah Jones , Thomas Chous , Ann Antly , Micheal Auderson, Lake Wall, John Foulks , Patrick Mason , Mary Gold , James Forbes , Robert Cope , James Harrison , Thomas Porter , Mary Husey , John Bailey , William Robert , William West , Richard Bryan , John Hill, Sarah Castle , Mary Fretts , Mary Mukes , Jane Dennis , Mary Godfrey , William Consins , alias Mackmillion, and Levy Joshua .

Eccles Russell fined 300 l. and to suffer one Year's Imprisonment, and to find Sureties for his good Behaviour for Three Years.