Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 28 July 2014), December 1727 (17271206).

Old Bailey Proceedings, 6th December 1727.

THE PROCEEDINGS ON THE KING'S Commission of the Peace, Oyer and Terminer, and Gaol Delivery, FOR THE CITY of LONDON, and COUNTY of MIDDLESEX, HELD AT JUSTICE-HALL, in the OLD-BAILEY, During the MAYORALTY of the Rt. Honble Sir Edward Becher, Knight, LORD-MAYOR of the City of LONDON.

In the 1st Year of His MAJESTY's Reign.

1728.

LONDON:

Printed for E. Symon, in Cornhill and Sold by J. Roberts, at the Oxford Arms. in Warwick Lane.

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, Thursday, Friday, Saturday, and Monday, being the 6th, 7th, 8th, 9th, and 11th of December, 1727, in the First Year of His MAJESTY's Reign.

Price Four Pence

BEFORE the Right Honourable Sir EDWARD BECHER , Lord Mayor of the City of London; the Right Honourable the Lord Chief Justice Eyre, the Honourable Mr. Justice Page, the Honourable Mr. Justice Price, 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.

William Ellington ,

George Bray ,

William Hatton ,

Thomas Colebran ,

William Diston ,

Samuel Bennet ,

Stephen Blizard ,

John Anslow ,

Humphrey Pinkfat

John Hesketh ,

Daniel Hudson ,

Philip Shippey .

Middlesex Jury.

John Boyde ,

John Witherington ,

John Price ,

Edward Saunders ,

Thomas Fog ,

William Godard ,

Richard Williams ,

William Carpenter ,

Bayley Kent ,

Edward Grose ,

Thomas Spring ,

Thomas Forward .

Dorothy Ord , of St. Faith's, in the Ward of Faringdon without was indicted for privately and feloniously stealing a Box, value 10 d. and 153 Guineas, 2 Crowns, and a King Edward's Shilling , the Property of Nehemiah Farmer .

The Prosecutor depos'd, That the Prisoner had for some Time been his Servant , but that she had been from him 2 or 3 Days before he miss'd his Money; that having but an indifferent Opinion of her, he took her up on Suspicion, and searching her before a Magistrate, they found several Pieces of Gold upon her; at which Time she told them, She had 100 Guineas more at home, that by Order of the Justice they went to her Lodging, and found 133 Guineas, and the King Edward's Shilling, which was a remarkable Pocket-piece of the Prosecutor's. John Lester depos'd, That he was present when the 133 Guineas were found in her Room, and that afterwards she begg'd of him, that if he should appear against her, he would take Care of her Life: After which, this Deponent going to see her in Newgate, she Confest the whole Fact, saying, she knew what Money was in the Box better than the Prosecutor did, and gave him Directions, where they found the Box, which was produced in Court, and prov'd to be the Prosecutor's. She had nothing to say in her Defence, but that the Money was left her by an Uncle; but this being only a frivolous Excuse, and the Fact undeniably plain, the Jury found her guilty . Death .

Ambrose Fletcher , of St. Dunstan's in the West , was indicted for privately and feloniously stealing a Silver Watch, value 3 l. on the 2d of October last, in the House of Robert Ben . He was, a second Time indicted, for privately stealing a Silver Watch, value 3 l. on the 26th of Octob . last, in the House of Robert Ben . He was a third Time indicted, for privately stealing a Silver Watch, value 5 l. on the 15th of November last, the Property of Robert Ben , aforesaid.

The Prosecutor depos'd, That the Prisoner being acquainted with his Servant, and he being at his House on the Evening before he lost the last Watch, he had a Suspicion on him, and upon strict Enquiry found out the Person to whom he sold one of the Watches. Dutton Raymond depos'd, That he bought a Watch of the Prisoner, which Watch was produc'd in Court, and proved to be the Prosecutor's. To the second Indictment William Cudbut depos'd. That the Prisoner confess'd to him that he had a Watch, which he had pawned, where it appeared the Watch was found by the Prosecutor, and was the Watch mentioned in the second Indictment William Fletcher , Servant to Mrs. Gun, the Pawn-broker in St. Bride's Church-yard, being call'd upon to declare his Knowledge in the Affair, would fain have perverted Truth by Shuffling Evasions; by which it appear'd to the Court, that though he was not willing to show himself a just Witness, he was every way qualified to serve an unjust Pawn-broker. The third Indictment appearing full as plain as the two former, by the Depositions of several Witnesses, the Jury found him guilty . Death .

Hugh Germain , was indicted for stealing a considerable Quantity of Shirts, Shifts, and other wearing Apparel , on the 20th of Novemb . last, the Property of John, Ann, and Lettice Gregory : It appear'd that he took the Goods (which were in a Box) from behind a Coach near Aldgate , for which he was found guilty of single Felony .

[Transportation. See summary.]

James Bane , of St. Nicholas Langham , was indicted for feloniously stealing 3 Sugar Loaves, and 6lb. of Tea , on the 25th of October last, the Property of Mr. Charles Wilson ; which appearing plain upon him the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

James Croxen , and Richard Taylor , were indicted for stealing 8 Bushels of Malt . the Property of William Armstrong and Company : But the Fact not appearing plain the Jury acquitted them.

James Avis , was indicted for Felony and Burglary, in breaking the House of Charles Le Blank , and taking thence a considerable Quantity of Diamonds, Ear-rings, &c. to the Value of 370 l. on the 15th of October last; but the Burglary not appearing plain he was acquitted of that, and found guilty of single Felony .

[Transportation. See summary.]

John Rud , of St. Dunsan's Stepney , was indicted for stealing 1050 weight of Iron, value 10 l. the Property of William Bowles , Esq ; and found guilty of single Felony .

[Transportation. See summary.]

John Richardson , of St. Clement Danes , was indicted for assaulting George Akers on the Highway, on the 19th of October last, and taking from him a Silver Watch, value 7 l. and 4 s in Money : But though the Circumstances were very plain against him, yet as there was no positive Evidence he was acquitted : However, as it was the Opinion of the Court, that he had more Success than Honesty, he was ordered to give Security for his good Behaviour .

Martin Brown , of St. Andrew's Holborn , was indicted for feloniously marrying Grace Roberts , his former Wife Hannah Cox being alive ; appearing plain, the Jury found him guilty .

[Branding. See summary.]

James Murs , of St. Leonard's Shoreditch , was indicted for stealing 4 lb. Weight of Lead , the Property of Joseph Stinton , and found guilty to the Value of 10 d.

[Transportation. See summary.]

Ann Turner , was indicted for Stealing a Spring of Port and a Silver Spoon , the Goods of Margaret Lawrence , and found guilty to the Value of 10 d.

[Transportation. See summary.]

Joseph Howse , was indicted for stealing a Rug Coat , the Property of William Winstall , Gent . The Fact appearing plain, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Richard Wailey , alias Wainscoat , was indicted for stealing a Cloth Coat, value 3 s the Property of John Jones : The Fact appearing plain, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Susannah Migneon , and Mary Peartree , alias Plumtree , of St. Giles's in the Fields , were indicted for stealing a Silver Watch, value 50 s. a pair of Silver Buckles, and 24 s. in Money , on the 27th of November last, the Property of John Plumridge .

The Prosecutor depos'd, That Mary Peartree pick'd him up and carried him to her Lodgings, where he went to Bed, and she lay down by him, that he fell asleep, and soon after, Mrs. Brown, who lies backwards in the same House, came and awak'd him, and that finding himself robb'd, he went with her to look for the Prisoners, but not finding them, he went back and lay in the same Bed, and was again robb'd of such Moveables as were left; upon which, he took Mary Brown upon Suspicion, who was discharg'd upon her finding out the Prisoners. Mary Brown depos'd, That she heard the Prisoners in the Room with the Prosecutor, when Susan Migneon said, to the other, I you don't nap hold at his Cole you ought to be damn'd. The Prisoners in their Defence said, That Mary Brown frighten'd them down Stairs pretending she would fetch a Constable to detect them in their Whoredoms, and that afterwards she went to Bed to him. The Evidence not being plain against them, they were acquitted .

Emanuel Shard of St. Clement Danes , was indicted for Stealing a Silk Handkerchief, Value 3 s. and 6 d. from the Person of John Wells , and found guilty to the Value of 10 d.

[Transportation. See summary.]

Robert Green , was indicted for stealing a Cloth Wastcoat, value 4 s. the Goods of Thomas Price , and acquitted .

Ann Stanton , was indicted for stealing a pair of Leather Breeches the Goods of John Byron : The Jury found her guilty to the Value of 10 d.

[Transportation. See summary.]

Mary Murphew , and Katharine Flack , were indicted for stealing some Money from the Person of Mary Beard : But it not appearing plain against them both, Mary Murphew was acquitted , and Katharine Flack order'd to be Whipt .

Eleanor Rotherham , was indicted for stealing a Calimanco Gown and other Things , the Goods of Hannah Rowse , and acquitted .

William Binyan , was indicted for Felony and Burglary, in breaking the House of Robert Wilkinson , on the 29th of October last, in the Night-time; and taking thence a Hat, a pair of Shoes, Stockings and other Things : But the Burglary not appearing plain, he was acquitted of that, and only found guilty of single Felony .

[Transportation. See summary.]

John Wilson , of St. Mary Whitechapel , was indicted for assaulting Mary Smith on the Highway, and taking from her a Pocket, a pair of Gloves, and a Snuff-Box , on the 16th of October last. The Jury considering each Circumstance, brought him in guilty only of the Felony .

[Transportation. See summary.]

Williams Owen , of Hornsey , was indicted for stealing 8 Silver Spoons the Property of Thomas Pembroke , Esq ; and found guilty to the Value of 10 d.

[Transportation. See summary.]

Mary Dove , of Hendon , was indicted for stealing 29 Guineas, and Some Silver , the Property of John Mitchel , and found guilty to the Value of 39 s.

[Transportation. See summary.]

Richard Savage , was indicted for the Murder of James Sinclair , on the 20th of November last, by giving him one mortal Wound on the lower Part of his Belly, of the Breadth of half an Inch, and the Depth of nine Inches; of which he languished till the 21st, and then died . And James Gregory , and William Merchant were indicted for aiding, assisting, and comforting the said Richard Savage in the aforesaid Murder . They were a second Time indicted on the Coroner's Inquest; to both which Indictments they pleaded Not guilty.

The Witnesses were examined separately, in the Absence of each other, at the Request of the Prisoners. Mr. Nuttal thus depos'd, On Monday the 20th of November, I, in Company with the Deceas'd, Mr. Limery and his Brother, went to Robinson's Coffee-house near Charing-Cross, about 11 at Night, where we staid till One or Two in the Morning; we drank there two Bowls of Punch, which came to six Shillings, and were just concluding to go when the Prisoners came into the Room; the first who came in was Mr. Merchant, who, setting his Back to the Fire, kick'd down our Table without any Provocation, upon which, I said, What do you mean? Mr. Gregory answered, What do you mean? Upon which Mr. Savage drew his Sword, we retreated to the further End of the Room, I did not see the Deceas'd draw his Sword, but Mr. Gregory drew, and I beg'd of Mr. Savage and Mr. Gregory to put up their Swords, which they refus'd, and Mr Gregory turning to the Deceas'd, said, Villain deliver your Sword, and soon after took the Sword from the Deceas'd; Mr. Gregory's Sword was broke in the Scuffle, but with the Deceased's Sword in his Hand, and part of his own, he came and demanded mine, I refused, he made a Thrust at me, I defended it; he endeavoured to get my Sword, but he fell, or I threw him, and took away the Sword from him; three Soldiers came into the Room and secured him. I did not see Mr. Savage Push at the Deceased, though I heard the Deceas'd say, I am a dead Man, soon after which the Candles were put out; after this I went up to the Deceas'd, I saw him in a Chair, with something hanging out of his Belly, which I did believe to be his Caul, or Fat. The Maid Servant of the House came in, and kneeled on her Knees to such the Wound; after this the Soldiers came in, and I. and Mr. Gregory, were carried to the Watch-house: Being cross examined by Mr. Gregory, If he did not say, Put up your swords, he said, there might be such an Expression, but I cannot call to Mind when it was spoke. Mr. Limery thus depos'd, I was in Company with the Deceas'd, Mr. Nuttal, and my Brother, at Robinson's Coffee-house when this unhappy Accident happen'd, we were ready to go home, when some Body knock'd at the Door, and the Landlady opening it, let in the Prisoners, and lighted them into another Room, but they would not stay there, but rudely came into ours; Mr. Merchant kicke'd down the Table, Mr. Gregory came up to the Deceas'd, and said, G - d d - n you, you Rascal, deliver your Sword; (all our Company retreated,) I saw Swords drawn, and Mr. Savage made a Thrust at the Deceas'd, who stoop'd and cried oh! at which Mr. Savage stood for some Time astonish'd, and turn'd pale, then endeavoured to get away; I held him, and the Lights were then put out, we Struggled together, and the Maid came to my Assistance, and pulling off his Hat and Wig, clung about him, and striving to force himself from her he struck at her, and cut her over the Head with his Sword and got away; I went to a Night Cellar and got 2 or 3 Soldiers, who took Mr. Savage and Mr. Merchant in a back Court. When Mr. Savage gave the Wound the Deceas'd had his Sword drawn, but pointed downwards to the Ground on the Left Sides As to Mr. Merchant, I did not see he had a Sword. (This was likewise confirmed by Mr. Nuttal, and that he did not see him in the Room after the Play began, the Candles being put out, he went into a back Court, in which he was taken with Mr. Savage.) Jane Leader thus depos'd, I was in the Room and saw Mr. Savage drawn first, then Mr. Gregory went up to the Deceas'd, and Mr. Savage stabb'd him, and turning back he look'd pale; then the Deceas'd said, I am dead, I am dead, and would have gone out of the Room, but I opened his Coat and made the Servant Maid suck his Wound, but no Blood came. I, upon his Death-Bed, asked him to tell how he was wounded, he said, the least in Black gave the Wound, (which was Mr. Savage,) (for Mr. Merchant was in coloured Cloaths, and had no Sword) that the Tallest, (which was Mr. Gregory,) pass'd or struck his Sword, whilst Mr. Savage Stabb'd him: I did not see the Deceas'd's Sword at all, nor did he open his Lips, or speak one Word to the Prisoners. Mrs. Endersby, who keeps Robinson's Coffee-house, depos'd, That finding the Prisoners in Liquour when she let them in, she Shew'd then another Room, and they were rude to her, on which, she said, If they wanted to have any Liquour, they should have it, if not, she desired they would be gone, when one of them took up a Chair, and offer'd to strike her with it; she saw Mr. Savage Struggle with the Maid Servant, and cut her over the Head with his Sword, and that Swords were drawn and the Mischief done, (as has been sworn by others) and told the same Story of Mr. Merchant's kicking down the Table, which, she said, was a Foulding Table with two Leaves, and that there were two other Tables in the Room, which is the publick Coffee Room in the Day-time; whether they were sitting or standing at the Table, she could not be positive. Mary Rook , the Servant Maid depos'd, That she, with her Mistress, let the Prisoners into the House, and that when her Mistress shew'd them a Room, Mr. Merchant pull'd her about very rudely, and she resisting him, he took up a Chair, and offer'd to strike her with it, and asking who was in the next Room, this Deponent said, Company who had paid their Reckoning and were just going away, and desired them to have Patience till they were gone, but they would not, and then ran in; and not long after this Deponent going in, saw Mr. Gregory and Mr. Savage with drawn Swords, and Mr Sinclair had his Sword in his Hand with the Point from him, and soon after Jane Leader said, Poor dear Sinclair is Kill'd; She suck'd the Wound but it would not bleed, Mr. Savage endeavouring to get away, this Deponent stop'd him, &c. But this Deponent did not see the Wound given, but was an Eye-witness after to the Encounter between Mr. Nuttal and Mr. Gregory. The Reverend Mr. Taylor depos'd, That on the 21st of Nov. he was sent for to pray by the Deceas'd, and after recommending him to the Mercy of Almighty God, Mr. Nuttal desired him to ask the Deceas'd a few Questions, but Mr. Taylor not thinking it belong'd to his Province, modestly refus'd it: But Mr. Nuttal, willing to have an Evidence to the Words of a dying Man, persuaded Mr. Taylor to stay whilst he himself should ask him a Question, and turning to the Deceas'd, Mr. Nuttal said, Do you know from which of the Gentlemen you received the Wound? To which the Deceas'd answered, From the shortest in Black, (which was Mr. Savage) the tallest commanded my sword, and the other stabb'd me. Rowland Holderness depos'd, That he was a Watchman that came to the Room just after the Wound was given, and then heard the Deceas'd say, he was stabbed barbarously before his sword was drawn. Joseph Wilcox , another Watchman, depos'd, That he saw the Deceas'd learning his Head upon his Hand, and that then he said, he was a dead Man, and stabbed Cowardly. Mr. Wilkey the Surgeon depos'd, That he searched the Wound, which was on the Left side of the Belly parallel with the Navel, that the Sword had grazed on the Kidney, and he did believe that Wound to be the Occasion of his Death. Being ask'd, If he did believe the Deceas'd could receive the Wound in a Posture of Defence? he answer'd, He did believe he could not, unless he was Left-handed. Mr. Gregory, in his Defence said, That the Reason of their coming into the Room was, for the Benefit of the Fire, and that the Table was thrown down by Accident: He then endeavoured to bring the Evidences for the King under the Imputations of Loose-lives, and People that had no Regard to Justice of Morality; he likewise insinuated to the Court, That the House in which the Disorder was committed bore a very infamous Character. Mr. Savage, in his Defence, gave the Court an Account of his leaving his Lodgings at Richmond, and his being necessitated to spend the Night in a Manner not suitable to his Inclinations, he being disappointed of a Lodging in Town. After which, he made some Observations on the Depositions of Mr. Nuttal, Mr. Limery, and Mrs. Leader, in which he presum'd, there were some Incoherencies; and then proceeded to invalidate their Evidence, and to prove, that he, and the Gentlemen of his Company, were not of inhumane or barbarous Dispositions; adding, that he should not have endeavoured to escape, but to avoid the Inclemencies of a Goal, and the Expences which must necessarily follow, which were too extravagant to be supported by a Person in his Circumstances. He then called Henry and Thomas Huggins , and Robert Fish , who had been Spectators at the Conclusion of the Broil, their Evidence confirmed Mr. Nuttal's being engag'd with Mr. Gregory, and Struggling for a Sword, and said, It was a House of ill Fame. Mary Stanly appeared in Behalf of the Prisoners, but the Extent of her Deposition amounted to no more, than that she had seen the Deceas'd in a Quarrel, and that Mr. Nuttal and he were very well acquainted, and that she had seen Mr. Nuttal, and Mrs. Leader, in Bed together. John Pearce depos'd, That Jane Leader told him, That when the Swords were drawn she went out of the Room, and did not see the Wound given; and further said, That she was a Woman of very ill Reputation, and the Coffee-house had a bad Character. Daniel Boyle depos'd, That the Deceas'd had the Character of an idle Person, and had no Place of Residence. John Eaton said, he knew the Deceas'd for two Months, and said, he had but an indifferent Character, but yet he confess'd he knew nothing of his Character from other People. Mr. Rainby depos'd, That going to Robinson's Coffee-house to enquire for Mr. Merchant, he heard Mr. Nuttal say, the Morning after the Accident Happened, If he had any one of them in a Convenient Place, if he could escape the Law, he would cut their Throats. Mr. Cheeseborough depos'd to the same Effect. Then Mr. Nuttal produced several Gentlemen, who depos'd, That he was a Man of Reputation, as well as good Manners and Civility; acknowledging at the same Time, that being moved by the barbarous Treatment his Friend had met with, he believed he said, That if he had them (meaning the Prisoners at the Bar) in an open Field, he would not put them to the Law, but would do Justice himself. There appeared in Behalf of the Prisoners, several Gentlemen and Persons of Honour, who gave each of them the Character of being peaceable and quiet in their Temper, and not given to Quarrel; and the Prisoners hop'd, that their good Character, and the Suddenness of this unfortunate Accident would intitle them to Favour. The Court Sum'd up the Evidence, and took Notice where there were any Inconsistencies that might make for the Prisoners, and directed the Jury, That as the Deceas'd and his Company were in Possession of that Part of the Room where the Fire was, that the Prisoners were the Aggressors, by kicking down the Table and drawing their Swords immediately upon it; that if they did believe that the Deceas'd retreated, was pursu'd, attack'd and kill'd in the Manner as is sworn, and declared by the Deceas'd on his Death-Bed, without the least Provocation on his Part, that it was Murder as well in him that gave the Wound, as in the others who aided and abetted in this Violence; that the Jury had heard what had been objected to some of the Evidence, and what had been reply'd on their Behalf, and as they did credit them, they were to give a Verdict accordingly: As to the Character of the Prisoner that should influence a Jury where the Proof is doubtful, but not to defeat plain and positive Evidence; and for the suddenness of this Accident, where there is a sudden Quarrel, and a Provocation from one that is kill'd, or where on a sudden Persons mutually attack each other and fight, and one is kill'd in the heat of Blood, that is Manslaughter; but where one is the Aggressor, pursues his Insult with his Sword, and kills the Person attack'd without any Provocation on his Part, though on a sudden, the Law implies Malice, and this is Murder. As to Favour from the Character of the Prisoners, and having no premeditated Malice, that lies properly before the Fountain of Mercy. But the Jury are to proceed according to the Evidence and the Rules of Law: The Court indulg'd the Prisoners, to remind them if any Thing that they thought material on their Behalf, and been unobserved in summing up so long an Evidence, and took Notice accordingly to the Jury of what they mention'd. Upon the whole Matter, after a Hearing of about eight Hours, the Jury gave their Verdict, That Richard Savage , and James Gregory , were guilty of Murder, and that William Merchant was guilty of Manslaughter .

[Savage and Gregory:Death. See summary.]

[Merchant:Branding. See summary.]

[Merchant:Provide sureties for good behaviour. See summary.]

Eleanor Anderson , was indicted for stealing a Leather Letter Case, Value 18 d. from the Person of Thomas Swift , on the 17th of December last; it appeared by the Depositions of the Prosecutor. That when the Letter Case was lost, or taken out of his Pocket, there was in it a Note of 130 l. which Note was found in the Hands of John Lant , at the Magpye near Doctors Commons, who had taken it of the Prisoner: But she making her Defence that she found it, and it not appearing to the contrary, besides, her having a very good Character from several People of Reputation, the Jury acquitted her.

Christopher Moss , and William Pearson , (not taken) were indicted for stealing 15 Horse-whips, value 3 l. on the 6th of Novemb . last, the Property of Edward Sanderson ; which being very plainly proved upon him, the Jury found him guilty to the Value of 4 s. 10 d.

[Transportation. See summary.]

Matth.ew Hatton , of St. Gregory Castle Baynard , was indicted for picking the Pocket of Richard Coffin , on the 3d of November last, of a Silk Handkerchief, value 2 s. which being evidently proved upon him by the Deposition of the Prosecutor, who took him in the Fact, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

James Gardner , of St. Bride's in the Ward of Farringdon without , was indicted for stealing a pair of Stockings, value 5 s. and 6 d. on the 23d of Octob . last, from the Person of William Green : But not withstanding it evidently appeared that the Prisoner keeps a disorderly House in Shoe-Lane, yet the Prosecutor being in Drink when he lost the Goods, and not being able to give a satisfactory Account to the Jury, of the Prisoner's taking them, he was acquitted .

Thomas Salkeld , was indicted for stealing 2 Perukes, value 30 s. out of the Shop of John Cowen , on the 17th of Nov . last, and found guilty to the Value of 4 s. 10 d .

[Transportation. See summary.]

Jane Brooks , was indicted for stealing 2 Night Gowns, and other Things, to the Value of 10 l. out of the House of Robert Evans , on the 3d of November last: The Prisoner said in her Defence, That the Prosecutor, who was a very amorous Man, had given her the Cloaths out of Gratuity for her obliging him, &c. and that he not only dress'd her with his Wife's Cloaths, but was the Cause of her going away and taking a Room in the City, that the Prosecution of their Amount might be carried on without the Hazard of their being detected. But the Prosecutor's Deposition being directly opposite to this pretence, the Jury found her guilty to the Value of 39 s.

[Transportation. See summary.]

Susannah Wise , of St. Sepulchre's, in the Ward of Faringdon without , was indicted for stealing a Watch, value 5 l. on the 13th of Nov . last, the Property of John Egerton . The Prosecutor depos'd, That he was walking home very soberly by himself, but being a little in Liquor the Prisoner pick'd him up, and then pick'd his Pocket; and running away he ran after her, and found the Watch upon her, only the outside Case she had conveyed away; but the Watch being remarkable to that he Swore. She endeavoured in her Defence to make the Prosecutor ridiculous, by a ludicrous Tale of their Familiarity at a Brandy-Shop; but let his Crime be what it would, hers was too conspicuous to escape without Punishment, for the Jury found her guilty to the Value of 10 d.

[Transportation. See summary.]

Rachael Mew , was indicted for stealing 2 Gowns, 2 Petticoats, and other wearing Apparel, to the Value of 4 l. on the 15th of October last, the Goods of Benjamin Hearne ; and Barbary Scot was indicted for receiving the same, knowing them to be stolen : But the Fact not appearing plain upon Barbary Scot, as Accessory, she was acquitted , and Rachael Mew found guilty of single Felony.

[Transportation. See summary.]

William Davis , was indicted for stealing 6 Sugar Loaves, value 20 s. on the 25th of October last, the Property of William Haws ; of which Indictment he was found guilty to the Value of 4 s. 10 d.

[Transportation. See summary.]

Elizabeth Evans , of St. Botolph without Aldersgate , was indicted for stealing 2 Gowns and a May-day Hat, to the Value of 10 s. on the 24th of Octob . last, the Goods of Mary Allen , Milk-woman , and found guilty of single Felony.

[Transportation. See summary.]

Edward Wilcox , of St. Botolph without Aldgate , was indicted for stealing a Silver Watch, value 4 l. on the 1st of this Instant December , the Property of Andrew Moran . The Prosecutor depos'd, That on the Day aforesaid, his Glass-Case, in which was 9 Silver Watches, and one of Gold, was Stolen away; and the Hearing Mr. Stone in Barbakin had stopt a Watch which was offer'd to pawn, and appeared to be his, he, by that Means found out the Prisoner: But he making it appear by the Depositions of several Witnesses, that he won the said Watch at Cards of one Thomas Neaves , at the Black-Boy in Chick-Lane, he was acquitted .

Sarah Hunt , was indicted for the Murder of her Bastard Child , on the 10th of Nov . last; to which Indictment she pleaded Not Guilty. Mary Leg depos'd, That on the 9th of Nov. she suspecting the Prisoner to be with Child, charg'd her with it, but she stifly denied it, and that next Day perceiving her something less in Body they sent for a Midwife, who, searching, gave her Opinion that she had been delivered of a Child, which they afterwards found in a Trunk, wrap'd in a Flannel Petticoat; but it did not appear to this Deponent that there had been any Violence offer'd to it. Ann True , Midwife, depos'd, That she did believe the Child might be lost for want of Help in the Delivery, for it had neither Mark nor Blemish which might denote its being murdered Mary Tate depos'd, That the Prisoner gave her some Childbed Linnen to mend, sometime before the Child was born; and that furthermore, she had given her a Shilling to give Earnest for a Room, which she had actually taken for the Conveniency of her Lying-in. This being confirmed, and the Prisoner's saying, she did believe her Time of Delivery was not so near, and several other Circumstances concurning therewith, the Jury acquitted her.

Mary Hatton , Mary Young , Mary Knot , and Thomas Middleham , of St. Leonard's Shereditch , were indicted for stealing a Silver Pot, Porringer, Salts, Pepper-box, Beds, Boulsters, Pillows, Curtains, and Looking-glasses, to the Value of 30 pounds, and 8 pound weight of Silk, to the Value of 10 l. on the 27th of August last the Property of Edward Jones . But it appearing to the Court, that the Goods were taken with the Knowledge and Consent of the Prosecutor's Wife, with whom, he living a contentious Life, they agreed to part, and the Woman was not willing to go empty handed, the Jury acquitted them.

Henry Wilcox , was indicted for assaulting Ann Mackmasters on the Highway, on the 22d of October last, and taking from her a Pocket, value 1 d. a Gold Ring, value 5 l. and some Money . The Prosecutor depos'd, That coming by Crompton-street End, near Leicester-Fields , about 8 at Night she met the Prisoner, who first took her by the Hand and then knock'd her down, and pulling the Pocket from her Side, ran away with it, that she had seen him once before taken up for a Robbery, and remembered him perfectly well, and having the Opportunity of viewing him by a Lamp when he robb'd her, she was positive he was then same Person; but being stopt in her Pursuit of him by a Chairman, who abus'd her, she could not take him on the Night the Robbery was committed, yet she found him soon afterwards. One Eaton, that keeps a Coffee-house in Rider's Court depos'd, That he standing at his own Door, saw the Prisoner knock the Prosecutor down, and that he knew the Prisoner perfectly well, and had been acquainted with him at Bristol. Either Bagshaw depos'd, That she met the Prisoner about the Hour of the Night aforesaid, and going to Drink together, She saw something hang out of his Pocket, and enquiring what it was, he pulled it out, and told her, it was a Pocket he had taken in a Quarrel among Friends, and then shew'd her two Guineas and a Diamond Ring; the Same Pocket he gave to this Deponent, who produced it in Court, and by undeniable Marks it appear'd to be the prosecutor's. Mary Stanley depos'd. That the Prisoner offered her a Diamond Ring (which by Description was the Prosecutor's) if she would take a false oath against some Justices of the Peace which he had a Design to prosecute. Some Witnesses appeared to invalidate the Evidence of the Prosecutor and her Witnesses, and others gave the Prisoner a very good Character: But the fact appearing plain against him, the Jury found him Guilty . Death .

James Mitchel , was indicted for stealing 20 Yards of Duroy, and other Goods , the Property of John Crocum ; which appearing plain against him, the Jury found him guilty to the Value of 39 s.

[Transportation. See summary.]

Robert Drumming , of St. Dunston's Stepney , was indicted for Felony and Burglary, in breaking the House of James Canckate , on the 3d of April last, and taking thence a Watch, a Tea Spoon, a Silver Cup, a Tankard, 2 Gold Rings, and other Goods of Value ; but the Burglary not appearing plain he was acquitted of that, but found guilty of the Felony .

[Transportation. See summary.]

Edward Wittington , was indicted for stealing a China Pot, value 6 s. the Goods of William Crampton ; and found guilty to the value of 4 s. and 10 d.

[Transportation. See summary.]

Daniel Pricklove , Edward Greenoway , and Thomas Dawkins , were indicted for a Misdemeanor, in unlawfully taking a Bar of Iron belonging to the Lord mayor and the Commonalty of the City of London . Richard Hussey (made himself an Evidence) depos'd, That he, with the Prisoners, went to a Conduit in Pancras Lane , and there took the Bar of Iron mentioned in the Indictment, and it weighing 94 lb. they sold it for 7 s. and 10 d. and shared the Money; and going the next Night for another, they were all taken into Custody: The Fact appearing plain, they were all found guilty of the Indictment.

[Fine. See summary.]

Walter Adamson , of St. Bennet's Paul's-Wharf , was indicted for stealing 70 Gallons of Molosses Spirit, the Property of Sir Charles Cox , and a Cask, value 2 s. 6 d. the Goods of Edward Hussey , Esq ; and found guilty of single Felony.

[Transportation. See summary.]

Thomas Haddon , was indicted for stealing 8 Books , the Property of Charles Davis ; which being plainly proved upon him, the Jury found him guilty of single Felony

[Transportation. See summary.]

Arthur Vincent , of St. Dionis Back-Church , was indicted for breaking into the House of Walter Newbury , on the 5th of this Instant; and taking thence a Scissars Case, value 2 d. the Goods of Ann Butler . Mary Randal depos'd, That she being in Bed, fancied there was some Body under it, and striking a Light found the Prisoner, who did not offer any Rudeness to her, but begg'd she would let him go; but she raising the Neighbourhood, they search'd him, and found only the Scissars Case. He said in his Defence, That he had made an Appointment to lie with a young Woman, and miss'd the House. He had several to appear for his Character, and among the rest one Levy Jacobs , who was call'd as an Evidence against him, on Account of some Goods moved in his Master's House, which it seems, the Prisoners came through to get into the House of the Prosecutor. This Levy Jacobs depos'd, That the Prisoner had been a Servant to his Master, Mr. Mendez, and having the Plate committed on his Case behaved himself very honestly. Upon the Whole, the Jury acquitted him.

Patrick Kenneda , was indicted for wilful and corrupt Perjury, in swearing at the late Election at Guild-Hall , That he was a Freeman of the City o London, and a Livery-Man of Merchant Taylors Company, when he had no Right or Title thereto . It appeared by the Depositions of Mr. Leaker, and other Clerks who were appointed to administer the Oath and look after the Books, that he Polled first in the Name of Kenneda, and afterwards coming to Poll in the Name of Harrison, he was detected. His Confession was likewise read in Court, in which he said, he was as Irish Papist, and had no Right to Poll at the said Election. The Jury found him Guilty .

[Pillory. See summary.]

[Imprisonment. See summary.]

James Kerney , of the same Kingdom and Profession, was indicted for wilful and corrupt perjury at the said Time and Place, and on the same Occasion ; and by his own Confession was found guilty .

[Pillory. See summary.]

[Pillory. See summary.]

George Williams was indicted for wilful and corrupt Perjury at the late Election but there being a Flaw in the Indictment he was acquitted .

Mary Jones , was indicted for stealing a Spring of Pork , the Property of George Ashton , and acquitted .

Thomas and Mary Smith , and Sarah Glover , were indicted for stealing 13 Pair of Stockings, and some Caps , the Goods of William Bruce , and found guilty to the Value of 10 d each.

[Transportation. See summary.]

Mary Wakefield , was indicted for stealing a Silk Gown, a Shift, an Apron, and other Things , the Goods of Ann Perkins , and found guilty of single Felony.

[Transportation. See summary.]

Elizabeth Carpenter , was indicted for picking the Pocket of Samuel Lee , of a Gold Watch and 2 Gold Chains, to the Value of 14 l. The Prosecutor depos'd, That he had been at 2 Bacchanalian Banquet, and stragling he knew not how nor where the Prisoner pick'd him up; he told a long Story of the Prisoner's being Gartered both above Knee and below Knee, and produced the Drawer, who depos'd, That he found the Prosecutor asleep in an odd Posture, with his Breeches open. But the Fact not appearing so plain to the Court as the Drunkenness and Extravagance of the Prosecutor, she was acquitted .

Susannah Cox , was indicted for stealing 2 Sheets, a Pillow-Case, and two Towels, &c . the Goods of Abraham Gascoin , and found guilty to the Value of 4 s. and 10 d.

[Transportation. See summary.]

Robert Hedges , was indicted for stealing 3 Pecks of Wheat , the Property of William Newman ; but for want of sufficient Evidence he was acquitted .

Joseph Bowers , was indicted for stealing 50 Pound weight of Hemp, out of the Warehouse of Mr. Bayley and Company , and acquitted .

Thomas Keys , alias Kemp , was indicted for stealing a Roan Gelding, value 40 s. the Property of John Dollinson . He was a second Time indicted for stealing a Bay Mare, Value 40 s. the Property of William Cooper . Mr. Robertson depos'd, That he bought the Gelding of the Prisoner for 10 s. for which Mr. Dollinson gave above 40 s. To the second Indictment Mr. Cooper depos'd, That he put the Mare in his Field on the Monday, and found it in the Hands of Mr. Crump of Wanstead on the Wednesday. Mr. Crump depos'd, That he bought the Mare of the Prisoner, for which he gave him five Shillings. He had nothing to say in his Defence, but on the contrary, confess'd he was guilty of both Indictments. Death .

John Baker , was indicted for stealing 4 pair of Shoes , the Goods of John Edmonds ; which appearing plain against him, and his Confession being read in Court, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Mary Hague , was indicted for stealing 2 Silk Handkerchiefs, and 2 Aprons , the Goods of Benjamin Battey , and found guilty to the Value of 10 d.

[Transportation. See summary.]

William Durley , was indicted for stealing a Gold Ring, value 10 s. 2 Coat, 2 Shirts, and 2 turnovers , and found guilty to the value of 4 s. 10 d.

[Transportation. See summary.]

Mary Wildman , was indicted for stealing a Silver Watch, value 40 Shillings , the property of John Hortitch . The Prosecutor depos'd, (by an Interpreter) That the Prisoner carried him to one Eaton's a notorious Bawdy Coffee-house in Rider's Court, near Leicester-Fields , where she pick'd his Pocket, and he complaining of his hard Usage, the Landlady and others fell upon him and beat him. It appeared by other Evidences, That Mrs. Eaton had taken the Watch under pretence of stopping it for the Reckoning. A Watchmen depos'd, That when he demanded Entrance into Eaton's House on Account of the Outrage, the Neighbours made a general Complaint of the perpetual Disorders committed at that House; which Mrs. Eaton return'd, by calling them a Pack of B - es. But not withstanding the bad Character of the House, the Facts not being proved upon the Prisoner she was acquitted .

John Reynolds , was indicted for stealing a Pewter Pot, value 2 s. 6 d. on the 25th of Nov . last, the Goods of Richard Ellard , and found guilty to the Value of 10 d.

[Transportation. See summary.]

Peter Symonds , was indicted for stealing 3 Brass Candlesticks , the property of William Magson , and found guilty to the Value of 10 d.

[Transportation. See summary.]

Jane Stevens , was indicted for stealing a Box-Iron and Heaters, 2 Pot, some Pewter Plates a Flaxen Sheet, a Saucepan, &c . the Goods of William Roberts ; and found guilty to the value of 10 d.

[Transportation. See summary.]

Elizabeth Richards , was indicted for stealing a pair of Diamond Ear-rings, set in Silver, 2 Diamond Rings, and a Silk Quilt , the Property of Ann Frogmorton ; and found guilty to the value of 39 s.

[Transportation. See summary.]

Richard Bloxam , was indicted for stealing 2 Holland Shirts, value 10 s. the Goods of John Williams . The Prosecutor depos'd, That the Prisoner lodged in his House and had defrauded him of the Shirts without his knowledge and Consent: To prove which, he brought two witnesses, who depos'd That they knew the Shirts to be the Prosecutor's but as to the Prisoner's stealing them they knew nothing of the Matter, for they had seen the Prosecutor's Wife and the Prisoner very familiar, and that they pass'd sometimes for Man and Wife, and sometimes for Brother and Sister; and to clear the Matter yet farther, the Prosecutor's Wife depos'd, That she lent the Prisoner the two Shirts, and that he had never done a wrong Thing to her in his Life: the Jury considering the whole, acquitted him.

[Transportation. See summary.]

Hannah Davis , was indicted for stealing a Gold Chain and locket value 12 Pounds, and a Gold Necklace , the Property of Jane Turner ; but the Fact not appearing plain, she was acquitted .

Margery Robinson , was indicted for stealing a Gold Locket, seven Gold Rings, and some Money , the Property of Jane Grinwood ; which being very plainly proved upon her, the Jury found her guilty to the Value of 4 s. 10 d.

[Transportation. See summary.]

A Bill of Indictment being found against John Tilley , for going about as a Vagabond with a Tin Box, under a sham Pretence of Legging for the Whitechapel Prisoner s; he pleaded guilty , and was fined three Nobles .

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

Receiv'd Sentence of Death 6.

Dorothy Ord , Ambrose Fletcher , Richard Savage , James Gregory , Henry Wilcox , and Thomas Keys , alias Kemp.

Burnt in the hand 2.

Martin Brown , and William Merchant .

To be whipt 1.

Katherine Flack .

Transportation 42.

Hugh German , James Bane , James Avis , John Rud , Martin Brown , James Murse , Ann Turner , Richard Walley Joseph Howse , Emanuel Shard , Ann Stanton , William Binyan , John Wilson , William Owen , Mary Dove , Christopher Moss , Matthew Hatton , Thomas Salkey , Jane Brooks , Susannah Wise , Rachel Mew , William Davis , Elizabeth Evans , James Mitchel , Robert Drumming , Edmund Whittington , Thomas Haddon , Walter Adamson , Thomas Smith , Mary Smith , Sarah Glover , Mary Wakefield , Susannah Cox , John Baker , Mary Hagut , William Durley , John Reynolds , Peter Symonds , Jane Stevens , Elizabeth Richards , Richard Bloxam , Margery Robinson .

William Merchant gave Security by Order of the Court, for his good behaviour for 12 Months.

Daniel Pricklove , Edward Greenoway , and John Dawkins , convicted of a Misdemeanor, to pay a Fine of five Nobles each, to remain Prisoners till paid.

Patrick Kenneda , and James Kerney for Perjury, to stand on the Pillory at the Royal-Exchange, and to suffer 6 Weeks Imprisonment.