Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 02 September 2014), August 1727 (17270830).

Old Bailey Proceedings, 30th August 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

Wednesday, and Thursday, the 30th, and 31st of August, and Friday being the 1st, of September, 1727, in the First Year of His MAJESTY'S Reign.

BEFORE the Right Honourable Sir JOHN EYLES , Bart. Lord Mayor of the City of London; the Honourable Mr. Baron Thompson, Recorder of the City of London, and John Raby , Serjeant at Law; and others 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.

Nicholas Pigg ,

William Jackson ,

John Ellit ,

Daniel Cook ,

Giles Henchman ,

Edward Miller ,

James Mould ,

John Brush ,

William Slaughter ,

John Squirril ,

George Darvell ,

James Sipsey .

Middlesex Jury.

Robert Rogers ,

Samuel Lane ,

John Barton ,

William Burton ,

Thomas Harrison ,

Samuel Phipps ,

Stephen West ,

James Pinnock ,

William Harrison ,

Jonathan Shakespear

Roger Fisher ,

John Ansom .

Thomas Tanner , of St. Mary Bermondsey , was indicted for a Misdemeanor, in receiving 50 Gallons of Oil from George Shaw and William Wall , the Property of Mr. Robert Smith ; which Oil he knew to be stolen , and was therefore accessory to the Felony of George Shaw and William Wall aforesaid; but no Prosecutor appearing he was acquitted .

Jacob Joseph , of St. Mildred Poultry , was indicted for privately picking the Pocket of Henry Probyn , on the 20th of July last; and taking thence a Silk Handkerchief value 2 s. 6 d.

The Prosecutor depos'd, That he felt the Prisoner jottle him, and at the same Time the Handkerchief slipt out of his Pocket, but pursuing him and searching he could not find it; upon which he let him go, but recollecting that he might possibly have did it under his Hat, he took him again and found it there; which being plainly proved upon him, the Jury found him guilty to the value of 10 d.

[Transportation. See summary.]

Ann Barrat , of St. Brides, in the Ward of Farringdon Without , was indicted for stealing 7 pair of Brass Branches, value 21 s. on the 17th of July last, the Property of Morris Pew .

Thomas Hart the Constable depos'd, That he took her with the Goods in her Apron, as she was going to sell them.

The Prosecutor depos'd, That the Goods which the Constable took from her were his, and that they were taken out of his Shop without his Knowledge. She had nothing to say in her Defence, but as she hoped to be saved, she was innocent; but it evidently appearing otherwise, the Jury found her guilty to the Value of 10 d.

[Transportation. See summary.]

Thomas Powel , of St. Pancras , was indicted for privately stealing small Quantities of Money at different Times, and in particular on the 2d of August last, in the House of George Atkins .

The Prosecutor depos'd, That the Prisoner had been his Servant these 5 Years, and to the best of his Knowledge had behaved himself very honestly, till of late, when giving him but too much Cause of Suspicion, he mark'd a Shilling and put it into the Till, which Shilling he afterwards miss'd, and searching found it on the Prisoner: The Fact appearing plain, the Jury found him guilty to the Value of 12 d.

[Whipping. See summary.]

Mary Davis , of St. Margaret's Westminister , was indicted for the Murder of Elisha Lynes , on the 25th of July last, by giving him several Blows with a Broomstick, of which he languished till the 20th of August last, and then died . Mary Padget depos'd, That at the Time aforesaid she saw the Prisoner and one Jane Hill , quarrelling and fighting with the Deceased behind the New Church at Westminister , and that she saw the Prisoner strike him with her Fist, and Jane Hill with a Broomstick; the Occasion of the Quarrel she said began from the Deceased's cheating them of some Cinders which were given them at a Brewhouse, Part of which was to be given to the Deceased for lending them a Sieve to sift them; but he having an Opportunity took a greater Part than his Share, unknown to the Prisoner and Jane Hill, and had been to sell them, and they catching him in the Action fell upon him a Passion. The deponent further said, That at this Scuffle the Deceased went away without complaining; till 3 or 4 Days afterwards, when he went for a Warrant to have them apprehended.

Jane Clark and Mary Carver depos'd to the like Effect, the latter Deponent further adding that the Deceased said, They had broke two of his Ribs, and that if he died in a Twelvemonth and a Day he should not rest in his Grave without Blood for Blood.

Samuel Clark , Surgeon, depos'd, That the Prisoner came to him about the Time aforesaid, and complained of a Pain in his Back. for which he gave him a Plaister, and finding some Bruises in his Body he let him Blood, and examining him narrowly about the Ribs he fancied one of them was crack'd, but the Deceased recovering and going about his Business for some Weeks, he did not believe that the Blows which he received at that Time were the Occasion of his Death. He further added, that he opened the Body of the Deceased for the Satisfaction of himself and others, and found a Rib had been broke, but the Callice was grown strong and found, by which it appear'd to him that Nature had work'd its Course and no real Damage remaining on him from the Accident. Upon the whole the Court considering the Age of the Deceased (which was above Eighty, and the natural Weakness and Infirmitics attending that Age, the Jury acquitted her.

Mary Jones , of St. John Hackney , was indicted for stealing a Sattin Gown and Petticoat, value 40 s. a Sarsenet Hood value 12 d. a Cambrick Handkerchief, value 12 d. and other wearing Apparel , the Goods and Property of Mrs. Elizabeth and Ann Bruce , on the 8th of July last.

Ann Bruce depos'd, That the Prisoner was their Servant , and had taken the Goods privately and gone away with them; and the Sunday following they took her with the Gown upon her Back. She had nothing to say in her Defence, but that she was drunk, and knew not what she did; for which in all likelihood she must go to a Place where they'll keep her sober this seven Years; for the Fact being plain the Jury found her guilty to the Value of 39 s.

[Transportation. See summary.]

Henry Chaplin , Peter Boother , and Henry Girdler, (not yet taken) were indicted for breaking into the House of Daniel Lyver in the Night-time, on the 17th of July last, taking thence 10 Pewter Dishes, 30 Pewter Plates, one Guinea and 7 s. and 6 d. in Silver .

The Prosecutor depos'd, That at the Time aforesaid 3 or 4 Persons came to his House, and in a violent Manner broke the Windows, burst open the Window-Shutters and the Door, took the Goods mentioned in the Indictment, and beat him at the same Time with much Barbarity.

Michael Lilley depos'd, That going to Work betimes in the Morning, he met William Norcoat (who was concerned in the Robbery and made himself an Evidence) with the Pewter, but looking upon him as a desperate Fellow, he did not seize him till he got the Assistance of another Person; when they apprehended him he said he found it in a Ditch in which he had been with a Woman, &c.

John Palmer depos'd, That Norcoat confessed before him, that he was concerned in stealing the Goods with the Prisoners, and that he gave this Deponent Directions to Girdler's Room, where they found the remaining Part.

William Norcoat thus depos'd, About six Weeks since I was standing by Charing-Cross, and the Prisoners came up to me and asked if I would go with them to steal some Fowls, to which I soon consented, but before we went about it, we, though we had no no Money went to an Alehouse and drank heartily, and crept out of a back Door to be clear of the Reckoning: After this we went to the White-House at Marybone, where Boother said they had Fowls for she had made Hay there but there was furniz'd, a Servant calling out from the House to Boother by his Name; from thence we went to the Prosecutor's, which is not far from thence, and took some Fowls: Before we broke open the House we began upon the Windows; for finding a Stool we broke off the Feet, and with them made the Glass fly about heartily; after this we soon got in, and I beat the Maid because she had no Money, and an old Woman I beat who gave me a Shilling, which was all I had out of the Room, only a Shirt I took out of a Box: In the mean Time the Prisoners at the Bar were rifling the Rooms below Stairs, and taking the Goods mentioned in the Indictment.

The Evidence of the Deponent was confirm'd by the Deposition of several others, and the Confession of Boother before Justice Ellis, in which he owned he was concerned in breaking the House and taking the Goods aforesaid. Chaplin likewise confess'd that he was in the House with them, but was not actually concerned in taking the Goods; saying, he endeavoured to perswade them to come away: But it appearing to the Court, notwithstanding this Pretence, that he was aiding. and assisting in carrying off the Goods, upon which both Chaplin and Boother were found guilty of the Indictment. Death .

Thomas Williams , of the Parish of Stoke-Newington , was indicted for privately stealing a Bay Gelding, value 3 l. on the 19th of August last, the Property of Edward Newins .

The Prosecutor depos'd, That the Horse was taken from the Pasture in Newington without his knowledge and Consent, and that he afterwards found him at the House of William Owen , by the Direction of his Servant.

William Owen depos'd, That the Prisoner came to him with the Gelding, and enquired for one Jones, pretending he wanted to put it in his Stable; but upon this Deponent's discovering him further, he said, he wanted to sell it, having at that Time a great Occasion for Money; after some Time they came to an Agreement, and this Deponent bought it for 45 s. but riding it up to one Mr. Lloyd's, where the Prisoner said it had been at Grass, he found it a Falsity, and comparing this with other Circumstances he was taken into Custody; he confess'd the Fact, and signed it with his own Hand: He said in his Defence that he could not speak English, but not speaking those Words in a different Language, and it appearing that he spoke good English at his Examinations, this Excuse was but of little service to him. That Fact appearing plain the Jury found him guilty . Death .

Mary Richardson , of St. Ann's Westminster , was indicted for stealing a Holland Smock, value 4 s. and an Apron, value 4 s. the Goods of Mary Hitchcock ; it appeared by the Evidence of the Prosecutor, who swore to the Goods, and by Elizabeth Ager , who took the Prisoner with them, that she was guilty of the Indictment, and indeed she had nothing to say in her Defence, but that the Devil bid her do it; but her being prompted on by an old Acquaintance, was not a sufficient Excuse to satisfy the Jury, for they found her guilty to the Value of 10 d.

[Transportation. See summary.]

Elizabeth Gilbert , of St. Giles without Cripplegate , was indicted for privately and feloniously stealing a Gold Ring, 2 Guineas, 1 Half Guinea, and 40 Shillings in Silver , on the 14th of July last, the Property of Nathaniel Page .

The Prosecutor depos'd, That he being a Baker , went out with Bread on the Day the Robbery was committed, but before he went out he took him to lock the Chest the Money was in, and in the Afternoon the Prisoner, who was his Servant , asked Leave of her Mistress to go and buy a pair of Shoes, but not returning at Night they concluded she was gone away, and going up Stairs to put the Money in the Chest which they had taken in the Day, according to Custom, they found it gone, and not knowing who to suspect but the Prisoner, they went in Search, and found her in Short's Gardens, and upon the Sight of the Prosecutor she leaped out of a Window, but was soon taken with Part of the Money upon her. This Evidence was corroborated by the Deposition of Mrs. Haynes, to whom the Prisoner came that Evening, and appeared free with her Money, sending out for Victuals and Drink, and offering to restore a Guinea and a Half to a Person she had wrong'd afore Time; but what was an undeniable Confirmation, she deliberately signed her own Confession before Justice Ellis, and was found guilty of the Indictment. Death .

Ann Birch , alias Appleby, alias Mincher , of St. Peter's Cornhill , was indicted for stealing 2 Silk Petticoats, and a Sattin Gown , the Goods of Dinah Raymond , which being plainly proved upon her, the Jury found her guilty to the Value of 39 s.

[Transportation. See summary.]

Hannah Wittermore , of St. Dunstan's in the East , was indicted for privately stealing a Silver Watch, value 3 l. on the 18th of August last, the Property of Thomas Foaks , (a ludicrous Tarpollian) who thus depos'd, I pickt up the Prisoner, and carried her to the Dog Tavern in Thames Street , where we drank 4 Pints of Wine, I pulled out my Watch and she asked to look on it, I let her have it, and went to make Water, then asked for it again, she said she had put it in her - , but I did not feel there for it - . There was no Anger between us its true, for I gave her a Silk Handkerchief its true, and a good one it was, and she promised to let me - , but she did no; I sent for a Constable, and with the Woman of the House he went to search her, but she would let no Body search her but a Man, so the Constable did, but he could not find it: However, I have heard of it since, here it is in my Pocket, it was offered to pawn by a Man and stopt by the Pawnbroker, by which Means I got it again, and design to keep it.

The Prisoner said in her Defence, That he was a lewd Fellow, and wanted to - but she was too modest to let him, and he had swore this against her because he was disappointed. The Fact not appearing plain the Jury acquitted her.

Rebecca Garonet , alias Thomas, alias Williams, of St.Andrew's Holbourn , was indicted for stealing a Linnen Gown, an Apron, a Hood, Cap, and a pair of Pinners , on the 28th of July last, the Goods of Patrick Tracy , and found guilty of single Felony.

[Transportation. See summary.]

John Smith , was indicted for stealing a Silver Tobacco Stopper, and some Money , on the 10th of July last, the Property of John Skillback .

The Prosecutor depos'd, That the Prisoner was his Servant , and staid at home on Sunday in the Afternoon, it being his Turn, and that then he took his Opportunity to steal the Goods mentioned in the Indictment; of which he was found guilty to the Value of 39 s.

[Transportation. See summary.]

Ambrose Forward , and Roger Eades , were indicted for stealing 11 Sacks of Oats, out of the Barge of Thomas Plummer . William Morris made himself an Evidence against the Prisoners, who depos'd. That he was with them in the Act, and gave the Court so satisfactory an Account, that the Jury found them both guilty of single Felony.

[Forward:Branding. See summary.]

[Eades:Transportation. See summary.]

Lawrence Green , of St. Giles's in the Fields , was indicted for privately stealing a Peruke, value 10 s. the Goods of George Ryland , and found guilty to the Value of 10 d.

[Transportation. See summary.]

Robert Brooks , of St. Margaret's Westminster , was indicted for stealing a Pewter Bason, value 14 d. and a Hammer, value 2 d. on the 9th of July last, the Property of Stephen Thornely . The Prosecutor depos'd, That the Goods was his, (being produced in Court) and Thomas Hawkins depos'd, that he saw the Prisoner come over the Prosecutor's Wall, and took the Goods upon him; besides which, he had then about him a Chisel, two Gimlets, an Auger, a dark Lanthorn, Flint, Steel and Matches, with Pick-lock Keys, in such variety, as made it evident that he was an absolute Master, of his Profession, and was every way qualified for a Midnight Plunderer; upon which the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Ann Virgell , of St. Martin's in the Fields , was indicted for stealing a Holland Shift, and other Things , the Goods of Ann Rochford ; but the Fact not appearing plain upon her, she was acquitted .

Mary Nightrale , of St. Andrew's Holborn , was indicted for stealing a Holland Gown, value 20 s. the Property of John Routhmeal , but no Evidence appearing she was acquitted and discharged.

Benjamin Reed , of St. John Wapping , was indicted for stealing a Pair of Silver Buckles, the Goods of John Williams , value 7 s. and a Stuff Coat and Shirt, value 15 s. the Goods of Samuel Dellbeer , which was plainly proved upon him, and for which the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Richard Marvel , of St. Giles's without Cripplegate , was indicted for stealing an Iron Crow, value 2 s. the Goods of George Turner .

The Prosecutor depos'd, That the Crow was his own (being produced in Court) and Thomas Coxen depos'd, That he bought it of the Prisoner who not being able to give an Account how he came by it, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Elizabeth Nevell , of St. Mary le Bow , was indicted for privately stealing 3 Guineas and 3 Shillings in Silver , on the 27th of May last, the Property of John Palmer ; but the Prosecutor not being able to prove his Allegation, she was acquitted .

Margaret Brown , of St.Clement's Danes , was indicted for stealing 2 Guineas in Gold , on the 3d of August last, the Property of Johannah Armshaw . (The Prosecutor was very resolute in her Deposition; and charged the Prisoner with more heat than became her in a Court of Justice; it being the Prosecutor's Place only to Swear to the best of their knowledge, and that too, with Decorum, Caution, and a calm undisturbed Disposition of Mind, not forward to give their own Opinion, but with Reverence submit their own Judgement to that of the Court, who are not to be dictated by a Witness, but informed of the Circumstances with relating to the Affair, that Justice may be executed with Ease, and a due Regard shewed to those in Authority.) The Prisoner had 4 or 5 Evidences on her Behalf, who severally depos'd, That she had for some Years been disordered in her Senses, and frequently fell into such Extravagancy at Times, as discovered her Lunacy, which was occasioned by the sudden Death of her Child; but Mrs. Hamilton was the most particular in this Account, who depos'd, That she had lain with the Prisoner, who would start out of Bed with such dreadful Agitations, as frightened this Deponent out of her Wits, of which she scarcely seemed to be recovered. Upon the whole the Jury acquitted her.

Robert Beaton , of St. Alhallows Woodstreet , was indicted for stealing a Watch, value 20 s. a Ring value 20 s. and some Money , on the 1st of August last, the Property of William Staples . It appeared that the Prisoner being the Prosecutor's Servant , had taken the Goods mentioned in the Indictment out of his Master's House, and carried them to his Mother's, who pawn'd them at the Rose in Rose-Alley, Golden-Lane; and upon a 2 strict Search and Examination the Goods were found, and the Prisoner confess'd the Fact; which being plainly proved upon him, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

William Wagstaff , was indicted for stealing a Silver Spoon, value 9 s. the Property of William Glover .

The Prosecutor depos'd that the Prisoner being his Apprentice , had taken the Spoon out of his House, and that offering it to Sale was taken upon Suspicion.

Tobijah Wynn depos'd, That the Prisoner brought the Spoon to him and offered to sell it, and that he suspecting it to be stolen, caused him to be taken into Custody, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

William Williams , was indicted for stealing a pair of Shoes, value 4 s. out of the Shop of Thomas Funge , but no Prosecutor appearing he was acquitted .

Joseph Jenkins, of St. Ann's Westminister , was indicted for privately stealing 2 Lookinglasses with Walnut-tree-Frames , on the 12th of August last, the Goods of John Pardoe . He was a second Time indicted for stealing 2 Lookinglasses with Walnut-tree Frames, value 20 Shillings , the Goods of Robert Lee .

John Pardoe depos'd, That when he miss'd the Goods out of his Shop in Gerrard-Street , he sent his Son to Drury-Lane, and that he saw one of the Glasses in the House of Mr.Simpson, who said he bought it of a Person who had another Glass, which he carried to another Place.

Mr. Simpson depos'd, That he bought one of the Glasses (which was produced in Court) of the Prisoner; and that upon the Information of the Prosecutor's son he stopp'd the Prisoner the next Time he saw him.

Mr. Wiggons depos'd, That he bought one Looking-Glass of the Prisoner, which was likewise produced in Court, and owned by the Prosecutor.

To the second Indictment Mr. Lee depos'd, That two Looking-Glasses was taken out of his Shop on the 11th of August last, without his Knowledge and Consent.

And John Chamberlain depos'd, That he bought 2 Looking-Glasses of the Prisoner, which being produced in Court appeared to be the Goods of the Prosecutor. He was a third Time indicted for stealing a Looking-Glass, the Property of William Goodyson ; which Glass Jonas Gray depos'd, was brought to him by the Prosecutor and offer'd to Sale. All the three Facts appearing plain, the Jury found him guilty to the Value of 4s. and 10 d. each Indictment .

[Transportation. See summary.]

John Willsom , was indicted for a Misdemeanor, in endeavouring to break into the House of the Lord Morpeth , with a Design to steal and hear away the Goods of the said Lord Morpeth , on the 24th of August last.

William Lockwood (a Watchman) thus depos'd, I saw the Prisoner at the Bar breaking in at Lord Morpeth's House, but upon my coming he laid himself down as if he was as dead as a Herring, but I heard the Windows crack before I came to the House, and I knew something was the Matter more than extraordinary; upon which I rapt out an Oath, and swore bloodily he should not stir, but he got up and I knockt him down, and he got up again, and I knockt him, down again.

Richard Jones , another Watchman depos'd, That he assisted Lockwood in carrying him to the Watch-house, that they found he had raised the Window of the House, and had gotten his Body partly in before he was apprehended; that they was the more sharp upon him because they had some Knowledge of him, and heard he had returned from Transportation: The Fact appearing plain the Jury found him guilty of the Indictment.

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

Richard Montgomery , of St. John Hackney , was indicted for assaulting Mr. Jonathan Collier on the Highway, taking from him 2 s. and 6 d. in Money , on the 28th of May last, being Sunday at Noon, in a common Road near Hackney . He was a second Time indicted for robbing Mr. Jonathan Collier Jun at the same Time and Place, taking from him 5 Shillings in Money .

Mr. Collier Sen. depos'd, That at the Time aforesaid a Person came up to his Coach and demanded his Money, which he gave him, his Wife and Daughter being with him in the Coach, and surprized, the Person who assaulted him bid them not be frighten'd, for he would do them no harm, but he did not know the Prisoner at the Bar to be the Person.

Mr. Collier Jun. depos'd, That the Prisoner at the Bar came up to the Coach at the Time and Place aforesaid, and after causing it to stop, he took from him about 5 s. that he knew the Prisoner to be the Person, and took particular Notice of his Eyes and Eye-brows.

Samuel Ramsey depos'd, That between Dalston and Hackney he saw the Prisoner stop the Coach, and that he pursued and took him before he was out of sight; that when he found himself pursued he pulled out two Pistols, and extending his Arms, presented them at himself, without offering them at those who came to take him.

John Stephens depos'd, That he was behind the Coach when the Robbery was committed, and knew the Prisoner at the Bar to be the Person. This was likewise confirmed by William Stoakes the Coachman.

William Corn depos'd, That he going in pursuit of the Prisoner, saw him quit his Horse and jump over some Rails, and pulling out his Pistols snapt them at his own Ears; but they did not go off; upon which he put his Hand in his Pocket and pull out some Powder, with which he prim'd them. Being put upon his Defence he said he knew nothing of the Matter, but desired his Witnesses might be called.

Abraham Blackhall depos'd, That he being an Apothecary the Prisoner was his Patient, and had frequently Fits of Lunacy, in particular but the Day before this Robbery was committed, when this Deponent administred such Medicines to him, as with the Advice of another Physician was thought proper to remove his Indisposition.

Mr. Pit depos'd, That Mr. Blackhall had advised with him about the Indisposition of the Prisoner, and that he went with Mr. Blackhall to see him, on the 24th or 25th May, when the Prisoner said he had Worms in his Stomach, and by his extravagant Expressions, &c. this Deponent was confirmed in his Mind that he was not in his Senses.

William Baxter depos'd, That the Prisoner had lodg'd at his House 2 or 3 Years, and had frequently acted like one distracted, and in reality was not in his right Senses.

Benjamin Taylor depos'd, That some Time since he cross'd the River with the Prisoner, and when they was upon the Thames the Prisoner would fain have persuaded this Deponent to jump over with him, saying, let us drown the Waterman. That on the other Side the Water they went to Dinner, and the Prisoner then and there put up the Sash, and would have got out at the Window, saying, that he must go and fight the Indians and the Coach staid for him: After this he said he would take some Opium, for he had a Mind to take a Journey to the other World. This Deponent added, That these Extravagancies was acted by the Prisoner at the latter End of May last, near the Time that he was taken up for the Robbery.

Mr. Blackhall further depos'd, That Lunancy had ran in the Blood of the Family; that several of them had been disordered in their Senses, and one of his Brothers shot himself. To corroborate this Mr. Collier Sen. (altho' the Prosecutor) was so generous as to confess, that his Wife coming to understand what Family he is of (for Montgomery is a fictitious Name) she knew several of them to be weak in their Intellectuals; which being considered by the Court, and the Circumstances compared, as his stopping the Coach just by the Town at Noon Day, when People were coming from Church, and on the Back of a Horse that was thought not worth 20 Shillings. The Jury brought in their Verdict that he was Non compos mentis .

Thomas Johnson , alias Bewley, alias Handy , was indicted for stealing a Cloth Coat, a pair of Breeches, and half a Yard of Canvas, the Goods of David Cleavland and Robert Morris , with several other Things, the Goods of Persons unknown ; to which Indictment he refused to plead at his Arraignment, saying, the Prosecutors thought to hang him for the sake of the 40 Pounds allowed by the Government, but he would baulk their Expectations, for he would be hanged for returning from Transportation according to Law: Being told he must plead or be Sentenced to the Press, he at last consented, and was found guilty of single Felony; but upon his Confession an Order of Court was given, that he should be indicted on his returning from Transportation.

[Death. See summary.]

Joseph Presley , of St. Giles's without Cripplegate , was indicted for the Murder of Mary Williams , a Child about two Years of Age, by running over it with his Cart, on the 16th of August last, of which it instantly died . He was a second Time indicted on the Coroner's Inquest.

Elizabeth Croyden depos'd, That she saw the Child picking up Gravel Stones in the road near Old-Street , and that the Prisoner coming along in his Cart, with no one to lead the Horses, ran over it, but she said she did believe the Prisoner did not know of it till it was done; that his running over the Child, which was the immediate Cause of its Death was indisputable, but that he was guilty of wilful Murder did not appear: However, he was found guilty of Manslaughter , for as much as he was in his Cart when he should have been by the Side of his Horse, which may deter others from the like Practice, if Examples can have any Effect on those who are so notorious for Carelessness and Insolence.

[Branding. See summary.]

Constance Buckle of St. Giles's in this Fields , was indicted for stealing a Cotton Gown, value 15 s. on the 5th of August last, the Goods of Eve Hans , but the Fact not being evidently demonstrated she was acquitted .

John Cook , of St. Sepulchre's (a little Taylor ) was indicted for feloniouly marrying Elizabeth Tooley , his former Wife Ann Skelton being alive ; to prove which, Martha Stanly depos'd, That she was at his former Marriage, and knew his Wife to be alive.

William Thomas depos'd, That he gave Ann Skelton in Marriage to him on the 24th of June, 1723. and that she was still alive. To prove his second Marriage Patience Tooley depos'd, ( Elizabeth Tooley the Prisoner's second Wife being present) that she saw the Prisoner married on the 11th of June last, to her Sister Elizabeth Tooley , and produced a Certificate to confirm it. The Prisoner in his Defence said, That he thought his first Wife was dead, she having run away from him: But to confront him in this and give the Court at Sketch of his Character, William Thomas and Martha Stanly depos'd, That he abused his first wife in the most barbarous Manner, not allowing her the common Necessaries of Life, and inhumanly turning her out nine Days after her Lying-in, saying, if she would not turn out and get to Work he would set the Bed on Fire and cut her Throat; which inhumane Actions and unnatural Expressions, made him justly contemptible in the Eyes of the Court, and was an Aggravation to the Crime of Bigamy, of which the jury found him guilty .

[Branding. See summary.]

Sarah Williams , of St. Dunstan's Stephney , was indicted for stealing 2 Stuff Curtains and 2 Iron Pots, to the Value of 6s. on the 16th of August last the Goods of William Smith . the Prosecutor, instead of appearing against her began with giving her a good Character, saying she Rented a Room in his House, and behaved herself very honestly; but being obliged to given an Account what he brought her there for, said, he did believe her Poverty, which was extream, had occasioned her take the Things, or it might be her Son, who was a loose Liver. might come to see her and take them away; however it was, the Court compassionately considering the Prisoner as an Object of Charity, acquitted and discharged her.

Samuel Hammond , of the Parish of Bishopsgate , was indicted for Petty Treason, in wilfully, barbarously, and maliciously committing Murder on the Body of his Master Thomas Barker , giving him one mortal Wound of the breadth of one Inch, and the Depth of 12 Inches, of which he instantly died . He was a second Time indicted on the Coroner is Inquest for the said Murder.

The Son of the deceas'd depos'd, That on the 19th of July last at 7 in the Morning he went into the Shop to work, and his Father came up soon after, that the Prisoner was then at Work with a wrong Tool, when the Deceased said, You Blockhead you'll break the Drill, why don't you use the Pliers. Soon after, without any more Words, this Deponent said, his Father went out of the Shop into a little Closer adjoining, and the Prisoner going to him, thus Deponent heard his Father cry out, upon which he ran to see what was the Matter, when to his great Surprize, he saw the Prisoner with a Sword close to his Father's Body, as if going to make a second Thrust, saying to the Decesed, D - n your B - d you Son of a B - h I'll kill you; upon which then Deceased said, you have done it already.

Mr. Richardson the Surgeon depos'd, That he was sent for, and coming, found the Wound was mortal between the 10th and 11th Rib, which he did believe to be the Occasion of his Death.

George Yerwood depos'd, that he having Occasion for a lighted Candle to use at his Work, he pass 'd the Closet Door and saw the Prisoner with a drawn Sword standing near the Deceased, saying as was mentioned by the Son of the Deceased, adding, That he knew no Reason or Occasion the Prisoner had to commit this Violence, not being aggravated to it by any Circumstance, more than the Deceased's calling him Blockhead for using a Drill instead of the Pliers. He had nothing to say in his Defence, nor the least Excuse to make for his committing this inhumane Murder, he only said, It is true what they alledge against me; the Jury found him Guilty . Death .

Edward Fordham and Susanne Man were indicted for stealing a Silver Mug, value 50 s. the Property of Henry Marriet , on the 17th of July last.

John Leaper depos'd, That the Women Prisoner brought the Mug to him to sell, and he suspecting she did not come honestly by it flopp'd her, at which Time she said she had it of Edward Fordham , who was the Prosecutor's Servant ; which appearing plain upon them both, they were found guilty to the Value of 4 s. 10 d each.

[Transportation. See summary.]

John Cole and Peter James , of St. Brides , were indicted for the Murder of John Powel , on the 16th of June last, by kicking, beating and abusing the said John Powel, in such Manners as was the Occasion of his Death, of which Wounds and Bruises he languished till the 30th of June last, and then died .

Jane Powel thus depos'd, As I was crying the late King's Elegy, John Cole came up to me and call'd me B - h, saying, Why do you cry the King's Elegy before he is dead? Upon which my Husband came up and ask'd the Prisoner John Cole , why he kickt his Wife? John Cole call'd him old Dog, and took up a Stone and knock'd him down, and then stamp'd upon his Belly.

Ann Bell depos'd, That she saw Cole knock the Deceased down, and with the Fall the Deceased received a Wound which bled excessively.

Mr. Rideot, Surgeon, depos'd, That he was sent for, and opening the Deceas'd after his Death, found his Ribs whole, and no Diffusion in the Cavity, neither did he believe that his Death was occasoned by any Violence that was offered to him.

Mr. Bartley depos'd, That he was sent for the Day before his Death, and found he had a remitting Pulse, and appeared to be in a Consumption, which he did believe to be the Occasion of his Death, and not from any Blows he had received, there being only a small Wound in his Forehead, which could not possible hasten his Death, it being of no Consequence. These Depositions were corroborated by several others who were at the opening of the Deceased; upon which the Jury acquitted them.

Benjamin Hall , alias John Clark , and John Gun , were indicted for stealing a Coach Glass, value 3 l. on the 26th of July last, the Property of Edward Birchmore .

The Prosecutor depos'd, That Mr. Chawkley came to him on the 11th of August, and enquired if he had not lost a Coach Glass, which he had stopp'd, and describing it the Prosecutor knew it to be his own.

Mr. Chawkley further depos'd, That when the Prisoner Benjamin Hall, alias Clark came to him and offered a Glass to Sale, he said he lived in Moorfields, and was a Cabinet-Maker by Trade, and hearing that he, this Deponent gave extraordinary Prices for such Glasses, he had took the Pains to bring it to him before another; but Mr. Chawkley suspecting it to be stolen, very wisely stopp'd him and the Porter who brought it, and applied himself to a Justice of the Peace for further Directions, who ordered him to bring them to him to be examined, upon which Examination he found them in so many different Stories and Contradictions he thought proper to commit them to a Place of Confinement, till Mr. Chawkley found out the Prosecutor. Benjamin Hall said in his Defence, That he bought the Glass of a Man in the Street, and not having Money enough to pay for it he pawn'd his Coat for 10 s. and borrowed 20 s. more of an old Woman who was then in Court to prove it; but she telling nothing but an old Woman's Story, and he not being able to give a good Account how he came by it, the Jury found him guilty to the Value of 4 s. and 10 d. but John Gun being only employ'd as a Porter to carry it, and having several credible People to his Character, the Jury acquitted him.

Thomas Chamberlain , of St. Mary Magdalen , was indicted for a Misdemeanor in assaulting Peter Carefoot , on the 9th of March last, with an Intent to commit that heinous and detestable Sin of Sodomy with the said Peterful Carefoot , who thus depos'd, I coming a Stranger out of the Country in March last, had Commendations to the Landlord who keeps the Guy Earl of Warwick in Milk-street, to which Place I came, and there immediately fell in Company with the Prisoner at the Bar; I had then a Letter which was to be delivered in Burleigh-Street in the Strand; to which Place the Prisoner offered his Service to conduct me as I was a Stranger in Town; I accepted of his Offer, and after that he asked me to walk in the Park, and he would shew me the Curiosities of that Place, to which I consented; we walked there till dark, and then sitting down upon a Bench the Prisoner began to kiss me, and put his Hands in my Breeches, saying, he could tell whether I had been playing the Rogue with the Girls in the Country; after this he prevailed with me to go home with him to the Guy Earl of Warwick in Milk-street , where he was a Lodger; when he was in Bed he began to kiss me again; and in Such Sort as is Scarce decent to express, and threw himself upon my Body in a Beastly Manner.

Mr. Rowe (who keeps the Guy Earl of Warwick) depos'd, That the Prisoner had been a Lodger in his House for some Time, and behaved himself very much like a Gentleman, that he kept his Room, to himself, and would never consent to let any other Gentleman lay with him though he had been often importuned to do it by this Deponent, who had sometimes Customers who would have been glad to have lain with the Prisoner, but he would not suffer it.

The Prosecutor being asked why he did not lay these Things to the Prisoner's Charge sooner, the Fact being committed in March last, and he not making it known till August, said, That he being unacquainted with the Ways of the Town, and being a Stranger to the Law on Such Occasions, he said nothing of it till he heard the Prisoner was taken up for an Offence of the like Nature: When he told the Landlord of the Guy Earl of Warwick, of the Indecencies the Prisoner had offered to him; who acquainted some of the Gentlemen with it that belong to the Reformation of Manners. Upon the whole, the Court examining into those Niceties which are not proper to be mentioned in a publick, Paper, found that he was guilty of Actions that are in their Nature both immodest and filthy, though they did not amount to that grand Action of Inhumanity call'd Sodomy; upon which the Jury found him guilty of the Assault .

[Fine. See summary.]

[Imprisonment. See summary.]

Sarah Martin and Sarah Mullenux , (a young Whore and an old Bawd ) of St. Brides , were indicted for stealing a Silver Watch, value 4 l. the Property of Peter Cox , who thus depos'd, I met Sarah Martin on the 27th of July about 12 o'Clock at Night in Fleet-street , and upon our agreeing to take a Glass together, she conducted me to the House of Sarah Mullenux , where we drank a Bottle of Mead, &c. I had another Friend of mine there, a Man, who went into another Room with a Friend of her's, a Woman, &c. before my Friend went out of the Room I shew'd him my Watch, and when he came in again I had lost it; I cannot swear that the Prisoner took it, but we had been very close together, and she had an Opportunity and more than that, that old Bawd Sarah Mullenux came just in at the Door, and my young Whore Sarah Martin , put something into her Hand, which I do believe was my Watch, for I immediately mist it, and calling my Friend we search'd Martin, but did not search Mullenux, for she's an old Woman.

Sarah Martin thus made her Defence, After the Prosecutor had pickt me up, he went with me to my Mother Mullenux, and promised he would give me something to please me, I asked him how, he said, on my Back; so I took him at his Word, and we were very loving &c. when he pretented he had lost his Watch, he bid me strip naked, and I said with all my Soul, and I did so, but he could not find it, tho' he search'd -

Ann Coleman depos'd, That she knew the Prosecutor to be a common Whoremonger, and had that Night pawn'd his Watch at a Bawdy House that is noted (or ought to be so) by the Name of honest Tom Powel 's in Wine-Office-Court in Fleet-street ; to which the Prosecutor said, it was true, he had been at the Bawdy-house and had a Woman before he went to the other, but he had only pawned the Case of the Watch, and not the Watch itself: Upon the Whole it appeared to the Court, that the Prisoner and the Prosecutor were all Persons of a very bad Charactor, acting without a Regard to Truth or Honesty; but the Fact not appearing plain the Jury acquitted them.

Anthony Lutford and Martha Cambell , were indicted for assaulting George Rice in an open Field on the Highway near Islington , putting him in fear, and taking from him 10 s. and 6 d. in Money , on the 18th of August last.

The Prosecutor depos'd, That at the Time aforesaid; coming from the Barley-Mow at Islington about 12 at Night, the Prisoners at the Bar came up to him, and Martha Cambell said, G - d D - n him for a Son of a B - h knock him down; and getting him by the Throat, said, I'll cut the old Dog's Throat. He further depos'd, That he had been at Sadler's-Wells and saw them there, and that Martha Cambell then said, she'd have his Blood; this Martha Cambell, said he, and I, have formerly been very well acquainted, but I have married a Woman of Fortune, and turned her off, upon which I go in Danger of my Life. This gave the Court an Insight into the Truth, and occasioned such a strict Enquiry to be made in the Affair, as made it evident that there was no Robbery either designed or committed; but Martha Cambell in Consideration of her former Familiarity with the Prosecutor, and his using her with Contempt lately, was grown outrageous; and Anthony Lutford being her present Friend, (if there is such a Things as Friendship in a vicious Course of Life) had assisted her in insulting the Prosecutor: It appear'd that the Prosecutor and Anthony Lutford, had not only been familiar Acquaintance, but the Prosecutor had employ'd him as a Solicitor , and had reposed a great deal of Confidence in him, instrusting him to get in his Debts, and other Affairs of Consequence, but had of late uttered some spightful Words against the Prisoner, on occasion of his being employed in a Suit of Law against him; which Circumstances being compar'd, the Court lookt upon it only as a Quarrel, and the Jury brought them in Not guilty .

Ann Parrot , of St. Brides, in the Ward of Farringdon Without , was indicted for stealing 37 Pounds in Money, from the Person of John Hollyhope , on the 20th of August last, but the Prosecutor not appearing she was acquitted .

Margaret Swift , was indicted for a Misdemeanor, in Personating Ann Bar, and thereby receiving the Wages due to William Bar , for Service on board his Majesty's ship the Mary , but there being a Flaw in the Indictment she was acquitted .

William Jones , of St. Pancras , was indicted for the Murder of Joel Lob , on the 11th of July last, by riding over him on Hampstead Hill , of which he instantly died .

Edward Ventris depos'd, That the Prisoner and he were riding together, and the Prisoner's Horse going so fast he could not stop him, he unfortunately rode over the Deceased.

Edward Bates depos'd, That he saw the Prisoner riding full Speed, and not being able to stop his Horse, called to the Deceased to get out of the Way, but he unhappily not hearing him, was thrown down by the Horse, and received so much Hurt by the Fall, as was the immediate Occasion of his Death. The Truth of this appearing plain, the Jury acquitted him.

Thomas Johnson , alias Bewley, alias Handy , was indicted on his own Confession, for returning from Transportation ; to which Indictment he pleaded Guilty . Death .

John Bone , of St. Giles's in the Fields , was indicted for the Murder of Ann Ladyman , by riding over her with a Horse near the Duke of Newcastle's in Lincoln's-Inn-Fields , on the 15th of April last, of which she languished till the 10th and then died . It appeared that the Prisoner in Company with Several others were riding Gentlemens Horses to Breath 'em, and the Prisoner being on the full Gallop ran over the Deceased; but it not appearing he did it with Design, but by Accident, he was acquitted .

John Pendred , of Fulham , was indicted for stealing 8 Ducks , on the 13th of August last, the Property of John Hollis ; and John Thorp and Edward Pendred were indicted for receiving the same, knowing them to be stolen .

John Hollis depos'd, That he lost some Ducks, and took the Prisoners on Suspicion. Thomas Waitman depos'd, That he with the Prisoners knock'd some Ducks down in a Lane, but he could not swear they were the Prosecutor's; upon which they were all acquitted .

John Pendred was a second Time indicted for stealing a Goose , on the 12th of August last, the Property of Noah Hollis ; and John Thorp was indicted for receiving the same, knowing it to be stolen .

Noah Hollis depos'd, That he lost a Goose, but could not say the Prisoner took it.

Thomas Waitman depos'd, That he saw the Prisoner John Pendred, knock down a Goose, but could not say it was the Prosecutor's: But as these Depositions were of no more Signification than the Cackling of a Goose, they were acquitted .

Mary Hawkins, of St. Dunstan's Stepney , was indicted for breaking and entring the House of John Sherwin , taking thence one Pair of Blankets, a Bolster, two Gowns, a Pair of Bellows, several Brass Candlesticks, and other Things, the Goods of John Sherwin, on the 15th of August last .

Eleanor Howard , (concerned in the Robbery made herself an Evidence) depos'd, That she with the Prisoner and another Woman went to the Prosecutor's House (which had no one to guard it, his Family being all in the Country) where they took the Goods mentioned in the Indictment, and sold them at several Places, sharing the Money, which amounted to about Half a Guinea each; which appearing plain by the Depositions of the Persons who bought the Goods, the Jury found her guilty of the Felony, but acquitted her of the Burglary .

[Transportation. See summary.]

John Mayow , of St. Dunstan's Stepney , was indicted for stealing a Bay Mare, value 5 l. on the 31st of July last, the Property of George Isgig .

The Prosecutor depos'd. That he lost his Mare out of an open Field near Islington , and by the Honestly of Mr. Blinco he found her again with the Prisoner in Custody.

William Blinco depos'd, That he sold the Mare to the Prosecutor, who afterwards saying he had lost her, this Deponent saw the Prisoner on her Back near Welch Fair, and apprehended him on Suspicion of his having stole her; but neither the Prosecutor nor Mr. Blinco appeared very rigid in the Prosecution of the Prisoner, and he having a very good Character from several People of Reputation, the Jury acquitted him.

Arthur Cross , of St. Andrew's Holborn , was indicted for stealing 3 Diaper Napkins, out of the House of Ann Buck , on the 3d of August last, which appearing plain upon him, the Jury found him guilty to the Value of 4 s. and 10 d.

[Transportation. See summary.]

Mary Richardson , of St. Giles's in the Fields , was indicted for stealing a Linnen Cap, value 2 d. and other Trifles , the Goods of Frances Cartwright , which appearing plain, the Jury found her guilty to the value of 10 d.

[Transportation. See summary.]

John Painter and John Green , of St. Dunstan's Stepney , were indicted for a Misdemeanor, for that they were found in Stepney Church-Porch on the 24th of August last in the Night-time, in such an indecent Posture as plainly betrayed they were guilty of Sodomitical Practices .

William Jeffereys depos'd, That going his Round he saw them in Stepney, Church-Porch in each others Arms, naked from the Waist downwards, and upon his coming towards them they laid still, and pretended they were asleep, though he would not have believed then if they had both a-swore it.

Samuel Daniel depos'd to the like Effect, he being the other Watchman, and saw them in that Beastly Posture. The Jury considering the Shamefulness of the Posture in which they were taken, concluded they were no better than two of those degenerated Miscreants from the Race of Men, called Sodomites, and brought them both in guilty .

[Imprisonment. See summary.]

[Pillory. See summary.]

John Davis , and Benjamin Taylor , were indicted for a Misdemeanor, in perpetrating, contriving, and wickedly endeavouring to break into the House of Robert Legard , Esq ; on the 16th of July last, with a Design to kill and Murder the said Robert Legard, and steal and bear away his Goods and Property .

The Prosecutor depos'd, That he formerly had contracted a slight Acquaintance with the Prisoner, who had since run through his Fortune, and been reduced to the last Degree of Misery and Poverty; that he had met him in the Streets and relieved his Necessities, and could never have thought he could have been guilty of so much Ingratitude and Barbarity.

Thomas Doler depos'd, That some Time since he happened to be fighting with another Person, and overcoming him, the Prisoner Davis came and proposed to him the Advantage he might make by assisting him to rob the Lodgings of a Gentleman; saying, he doubted not but they might make 6 or 700 l. of the Job; but the private Affairs of Thomas Doler obliging him to go abroad for six Months, he had not an Opportunity to detect this Villany; yet upon his coming home Davis applied to him again, and said, he had got another stout Fellow to assist them, and accordingly brought him in Company with Benjamin Taylor , who was the Person: After this they had several Meetings, in which it was agreed to get privately into the House of Mr. Legard, and if he offered the least Resistance, to shoot him; Davis saying, he could not be safe if they did not kill him, otherwise he should be betrayed; and to this End he provided Thomas Doler with a Pistol, but Doler acting from a better Principle. very ingeniously told his Friends of the whole Affair, and with the Advice of a Justice of the Peace he carried it on to the last with a great deal of Prudence and Caution, pretending to go with them on the appointed Day, to commit this horried Murder and Robbery; but at the same Time by his Direction, Officers were lying in wait to surprize them, which they did accordingly: The whole appearing plain, and the aggravating Circumstances it was attended with, the Jury found them both guilty .

[Pillory. See summary.]

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

Thomas Pitt , was indicted for stealing some Trifles , the Property of Charles Hacket ; but no Evidence appearing, and the Prosecution seeming malicious, he was acquitted , and a Copy of his Indictment granted.

George and Elizabeth Stennet , were indicted for stealing a Pair of Flaxen Sheets, 2 Pillows, a Napkin and a Towel , the Property of John Price ; but it not appearing plain they were acquitted .

The Sessions being adjourn'd, the Court procceded to give Judgement as follows:

Receiv'd Sentence of Death 6.

Samuel Hammond , Henry Chaplin , Peter Boother , Thomas Williams , Elizabeth Gilbert , and Thomas Johnson , alias Bewley, alias Handy.

Burnt in the Hand 5.

Ambrose Forward , Joseph Presley , John Cook , Mary Cole , and John Clark .

To be whipt privately 1.

Thomas Powel .

Transportation 21.

Jacob Joseph , Ann Barrat , Mary Jones , Mary Richardson , Ann Birch , Rebecca Gardner , John Smith , Roger Eades , Lawrence Green, Robert Brooks , Benjamin Reed , Richard Marvel , Robert Beaton , William Wagstaff , Joseph Jenkins , Edward Fordham , Susanna Man , Mary Hawkins , Arthur Cross , and Mary Richardson .

Thomas Davis and Benjamin Taylor , for designing to Murder Mr. Legard, and rob his House; to stand on the Pillory near Gray's-Inn, and suffer 6 Months Imprisonment, and after their Enlargement to give Security for five Years.

Thomas Chamberlain , for a Sodomitical Misdemeanor, Fined 6 Marks and two Months Imprisonment.

John Wilson , 3 Months Imprisonment, and to give Security for 3 Years.

John Painet and Samuel Green, 6 Months Imprisonment, and to stand on the Pillory near Ratcliff-Cross, for Sodomitical Practices.