Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 15 September 2014), August 1728 (17280828).

Old Bailey Proceedings, 28th August 1728.

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, and Friday, being the 28th, 29th, and 30th of August, 1728, in the Second Year of His MAJESTY's Reign.

(Price Six Pence.)

BEFORE the Right Honourable Sir EDWARD BECHER , Lord Mayor of the City of London; Mr. Baron Thompson , Recorder of the City of London; and Mr. Serjeant Raby, Deputy Recorder; with other His Majesty's Justices of Goal-Delivery, and Oyer and Terminer aforesaid; Together with several of His Majesty's Justices of the Peace for the said City of London.

London Jury.

James Dutton ,

Benjamin Betts ,

James Atkinson ,

John Crowcher .

Thomas Caten ,

Richard Saulfrey

John Smithson ,

George Fisher ,

Jonathan Ward ,

Henry Price ,

Joseph White ,

John Drinkwater .

Middlesex Jury.

Robert Kent ,

Robert Gray ,

Marmaduke Bramley ,

Richard Dukes ,

Richard Osgood ,

John Oder ,

Thomas Scot ,

Henry Stephenson ,

Henry Woolley ,

Richard Ollier ,

Thomas Wilkins ,

Thomas Fayram .

Thomas Powel , of St. Sepulchres , was indicted for feloniously stealing a Silver Watch , on the 2d of August last, the Property of Richard Watkins .

The Prosecutor depos'd, That a Woman pick'd him up in the Streets and intic'd him to the Prisoner's House, and after some familiarities she took his Watch from him, and having other Things in her Hands let it fall, when the Prisoner at the Bar took it up, but as the falling of it caused the Case to fly off, he got that up himself, but the Body of the Watch, he said, the Prisoner conveyed away, and the next Day he being sent to the Compter, promised he should have it again.

William White depos'd, That he heard the Prisoner confess that one Mary Groves took the Watch from the Prosecutor, and she letting it fall he took it off the Ground.

Thomas Le Fever depos'd, That he heard the Prisoner say, if the Prosecutor had not took him up he should have had his Watch again.

The Prisoner said in his Defence, That he was very innocent of what they charg'd him with; and to prove himself so he call'd Mary Gardener , who depos'd with an uncommon Share of Assurance, that she herself was a Party concern'd, and the Prisoner knew nothing of the Matter: But her Evidence having but little Weight with the Jury, he was found guilty to the Value of 4 s. and 10 d .

[Transportation. See summary.]

Martha Bentley , of St. Andrew's Holborn , was indicted for feloniously stealing several Pieces of Money, in the House of George Armstead , on the 20th of August last, the Property of Mary Bembridge .

The Prosecutor depos'd, That the Prisoner having been her Char-woman , she intrusted her in the Room where the Money was in a Chest, and that leaving her alone in the Room on the 20th of August, when she came home she could not find the Key of her Chest, upon which she sent for a Smith to break it open; which done, they miss'd the Money, which she was positive was in the Chest two or three Days before, and that suspecting the Prisoner she charg'd her with it, who after some hesitation confess'd the Fact, and return'd the Money which she had left out of that which she took from the Chest, amongst which was a Spanish Bit, about 6 d. value, which the Prosecutor knew to be her own. The Fact appearing very plain, the Jury found her guilty to the Value of 4 s. and 10 d .

[Transportation. See summary.]

Sarah Darvill , alias Sarah, the Wife of Thomas Neaves , and Margaret Bristow , were indicted for feloniously stealing 46 Yards of printed Linnen, value 5 l. on the 29th of July last, the Property of Thomas Hilliard .

Mr. Hilliard depos'd, That on the 29th of July last, the Prisoners had been twice at his Shop under pretence of coming to buy Goods, and upon their coming a third Time, his Servant took Sarah Darvill with a Piece of Printed Linnen upon her, which piece of Linnen she had clandestinely endeavoured to conceal, and he himself saw it taken from her.

William Wincopp depos'd, That he found a Piece of Linnen of his Master's under Sarah Darvills Petticoats, which Piece he discovered by the End of it hanging down between her Legs, and when they search'd her, they found it was fastned up almost as high as her Waist, but when she perceived they would search her she dropt it down; this likewise being confirmed by two other Witnesses, who saw the End of the Piece hanging down between her Legs, and Margaret Bristow being proved in Confederacy with her at that Time, they were both found guilty to the Value of 4 s. and 10 d . each.

[Transportation. See summary.]

Ann Walter , was indicted for feloniously stealing a Dimitty Waistcoat, a Hat, three Suits of Pinners, two Silk Handkerchiefs, and other Goods , on the 30th of July last, the Property of John Pearcy ; but the Fact not being plainly proved upon her she was acquitted .

George Mitchel , of St. Ann's Westminster , was indicted for that he not having the Fear of God before his Eyes, but being led by the Malice and Instigation of the Devil, did on the 4th of August last, with Malice afore-thought, kill and murder Jane his Wife , by giving her one mortal Wound with a Knife on the Left Breast, near the Pap, of the Breadth of one Inch and the Depth of three Inches, of which Wound she instantly died, the said Jane his Wife not having stricken him first, and not then having any Weapon drawn . He was likewise indicted on the Statute of Stabbing, and on the Coroner's Inquisition; to which Indictments he pleaded Not Guilty.

John Mitchel depos'd, That on Sunday the 4th of Aug. about a Quarter after 12 at Noon, he went to the House where the Prisoner then lived, and going up Stairs, a Lodger in the House bid him stay below, which he did, and saw the Deceas'd and one Mrs. Martha Wilks in the Shop below Stairs, when the Daughter of the Deceas'd came down, and said, if her Mother would not go up her Father would Dine by himself, that she immediately went up Stairs, and he said below for some Minutes, and then going up heard them at high Words about the Correction of their Children, which occasioned some further Words which he could not understand, and the Prisoner seeming to resent something which she said, flung the Knife, (the Handle of which he had in his Hand) full at her, which entered her Breast, and Deceas'd starting up pull'd the Knife out of her Breast, and said to Mrs Wilks , O Lord I am stuck; at which the Prisoner appear'd in great surprize, and said, O Lord, what have I done! what have I done! help, help, then running to the Deceas'd he clapp'd his Hand upon the Wound, and sent this Deponent for a Surgeon.

Mrs. Wilks depos'd That on the Morning before this unhappy Accident happen'd, the Deceas'd came and invited her to Dinner, that she went, and Words arose between the deceas'd and the Prisoner about the Correction of their eldest Child, whom he would have then chastis'd for some Fault, but the Deceas'd would not suffer him, saying, he might do it on Monday; and they continuing to Jar, and express themselves to each other in Anger, he said, if it was not Sunday he would turn her out of Doors, for said he, you said last Night you could provide for yourself, and you shall - To which the Deceas'd answer'd, that she would provide for herself, when he instantly flung the Knife at her, which enter'd her Left Breast near the Pap, and he soon perceiving he had done her Mischief, run to her, caught her in his Arms, and cried, O Lord what have I done! what have I done!

Mr. Provey the Surgeon depos'd that he being sent for, went immediately, but found the Deceas'd had no Life remaining when he came, that the Prisoner said he was very sorry for it, and this Deponent probing the Wound found that it had touch'd the Ventricles of her Heart, and was mortal, and that the effusion of Blood was inwards. It appeared by the Evidences, that when the Wound was given the Deceas'd and the Prisoner sate about 6 Foot distant from each other, and that the Deceas'd had neither Stays or Waistcoat on at that Time.

The Prisoner said in his Defence, That on the Morning before this Misfortune happen'd, his Wife went to Mrs. Wilks's, and desired he would dress the Dinner, which he consented to, but said, there were no Coals in the House to which his Wife answer'd, there were Coals which she had bought the Night before as Mrs. Pattey Wilks 's, where he might send for them; that between 9 and 10 in the Morning he sent his eldest Daughter for them, a Girl about 11 or 12 Years of Age, that she did not bring the Coals home till half an Hour after 11, and then said, that her Mother being at Mrs. Wilks's, had caused her to stay, that his Wife, with Mrs.Wilks, came home about 12, and his Wife was angry that the Dinner was not ready, that he told her the Cause, and said, she should not have detain'd the Girl, that she denied having detain'd the Girl, and then they went down Stairs for some Time, and When they went down Stairs for some Time, and when they return'd Disputes arose as before, and she said she would not live with him, which, he said, cut him to the Heart, and that he being angry at her for that Expression, slung the Knife at her which he had in his Hand. He then call'd several reputable Witnesses, who all agreed in their Depositions, that he was a very honest Man, and had ever behaved as a kind indulgent Husband to his Wife, some having known him 20 Years, others 10, and few but what gave an Account of his extraordinary Behaviour for this last 6 or 7 Years. The People with whom he had lived severally depos'd, That they were a very loving Couple, and were never heard to wrangle, or be guilty of the least Extravagance.

The Rev. Mr. Willson depos'd, That he had officiated as Clerk for him for some Time, and distinguish'd himself by his Industry, Sobriety and good Manners, and that he had the Character of a kind, indulgent Husband to his Wife, and a tender Father to his Children. The whole being considered. the Jury acquitted him of the Murder, and only found him guilty of Manslaughter .

[Branding. See summary.]

Jeremiah Freckleton , of Chiswick , Labourer , was indicted, for that he not having the Fear of God before his Eyes, but being led by the Malice and Instigation of the Devil, did on the 5th of Aug. last, assault, kill and murder Richard Hunt , by giving him one mortal Bruise on the Left Part of his Belly, of which he instantly died .

He was second Time indicted on the Coroner's Inquisition, to both which Indictments he pleaded Not Guilty.

John Jackson depos'd, That he heard the deceas'd and the Prisoner have Words and that they went out of the Barge in which they were, and fought for the Space of 2 or 3 Minutes, after which the Deceas'd was ill, and being carried away he died soon after.

Charles Barnard depos'd, to the like Effect.

The Surgeon depos'd, That he opened the Body and found about 10 lb. weight of extravasated Blood in the Abdomen, but there did not appear any external Mark or Bruise, save only one about the Bigness of a Pea; it likewise appeared that his Spleen was 3 Times bigger than is common, that he was then, and had been for some Time in an ill State of Health, that he provok'd the Prisoner to fight, and struck the first Blow, and not contented when he could fight no more, but told the Prisoner he would fight him again next Day, which the Prisoner said, he would not do, because it was Sunday. This being confirmed by several Witnesses, and it being proved by the Surgeon, that the Internal Damage he had received, which caused such a Quantity of Blood in the Abdomen, might come from a Fall, or any little Accident, considering his being inform; the Jury acquitted him.

Ann Wiechard , of St. Martin's in the Fields was indicted for assaulting Katharine Brandal , a Child of six Years of Age on the Highway, and stripping her of a Linnen Frock and a Cap , on the 23d of Aug. last.

Henry Brandal depos'd, That he sent the Child to School with the Cap and Frock on, and afterwards hearing she had been stripp'd he went and found her without both, but he could not say the Prisoner was the Person who took them.

Matthew Edwards depos'd, That he seeing a Crowd about the Prisoner as a suspicious Person, went up to her and charg'd her with stripping the Child, and going to search her she pull d out the Frock, and the Cap they found upon her Head, she obstinately denied the Fact, but the Goods being found upon her, the Jury found her guilty of Felony, but acquitted her of the Assault .

[Transportation. See summary.]

William Burt , of St. Mary's Whitechapel , was indicted for privately stealing a Silk Handkerchief, from the Person of John How , on the 21st of July last.

The Prosecutor depos'd, That in a Place call'd Hornsey-Lane, near Stepney , as he was going along on the 21st of July last, he felt one behind him endeavouring to kick up his Heels, and turning about, saw the Prisoner, who took to his Feet and run cross the Fields, that he felt in his Pocket, and missing his Handkerchief pursued and took him, that he see him drop something and found it to be his Handkerchief.

He had nothing to say in his Defence, but that one John Wells gave it to him, which he not being able to prove, the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

Susanna Young , of St. Anns Westminster , was indicted, for that she, together with one Henry Cole , not yet taken, did on the 2d of Aug. last, break and enter into the House of Nathaniel Cockayn , in the Night-Time, and take thence 9 Cheshire Cheeses , the Property of Nathaniel Cockayn aforesaid.

The Prosecutor depos'd, That he shut up the Shop safe at Night about 10 o'Clock, and that in the Morning he found the Shutter cut through and the Cheeses gone.

Mrs. Tomlin depos'd, That the Prisoner brought the Cheeses to her to sell, and then said her Mother sent them out of the Country: The Cheeses being sworn to by the Prosecutor, and she not being able to give a satisfactory Account how she came by them, the Jury found her guilty of the Felony but acquitted her of the Burglary .

[Transportation. See summary.]

William Ward , of St. Margaret's Westminster , was indicted for breaking the Dwelling-House of Barbary Withers , on the 19th of July in the Night-time, and taking thence a pair of Stockings, the Property of Timothy Levershire , and 2 Pewter Plates, the Property of Barbary Withers aforesaid . But the Burglary not appearing plain, he was acquitted of that, and found guilty of the Felony only .

[Transportation. See summary.]

James Subcliff of St. Sepulchre's , was indicted for stealing a Bottle Case, 2 Gallons of Brandy, and 20 lb. of Beef , on the 14th of Aug. last, the Property of Thomas Whale

He was a second Time indicted, for feloniously stealing several Pieces of Money, the Property of John Richardson , in the Dwelling-House of Thomas Whale , aforesaid.

Mr. Whale depos'd, That the Prisoner was his Servant , and that when the Goods were missing he absented from his Service, and he finding him in Bartholomew-Fair, charg'd him with the Goods, which he afterwards confess'd before a Magistrate.

John Richards depos'd, That the Prisoner lodging upon the same Floor with him in the House of Mr. Whale, came into his Room on the 14th of Aug. in the Night-time, and pretending to have occasion to make Water, took his Money out of his Pocket: The Facts appearing plain, both from the Evidence given, and his own Confession, which was real in Court, the Jury found him guilty of each Indictment to the Value of 39 s .

[Transportation. See summary.]

George Giles , of St. Giles's in the Fields , was indicted for stealing a Silk Handkerchief from the Person of William Russel , Gent. on the 22d of July last.

Mr. Russel depos'd, That as he was going along the Streets on the 22d of July, two Children came up to him, and said, the Prisoner had pickd his Pocket, upon which he pursued and took him, and found the Handkerchief under his Arm, betwixt his Shirt and his Skin, and the Neighbours flocking about him, and saying, he was a Boy of an extraordinary bad Character, he carried him before a Magistrate; the Fact appearing very plain the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

Thomas Wagstaff , of St. Giles's without Cripplegate , was indicted for privately stealing a Silk Handkerchief, from the Person of Bartholomew Toon , on the 13th of August last.

The Prosecutor depos'd, That he being in the Artillery Ground on the 13th of Aug. seeing the Train'd Bands Exercise, miss'd his Handkerchief, and a Person telling him the Prisoner had just before pick'd his Pocket, he seiz d him, and found his own Handkerchief and four others in his Pocket.

Thomas Joyns depos'd, That he saw the Prisoner pick the Handkerchief out of the Prosecutor s Pocket, and he, with the Prosecutor searching the Prisoner, found it upon him; this being likewise confirm'd by the Deposition of Thomas Denby , the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

Jane Brigs , of St. Andrew's Holborn , was indicted for feloniously stealing a Silk and Worsted Gown, 3 Petticoats, 8 Suits of lac'd Headcloaths, 5 Silk Handkerchiefs, five Muslin Handkerchief, 5 Cambrick Handkerchief, and some Money , on the 21st of July last, the Goods and Money of Mary Spelling .

The Prosecutor depos'd, That the Prisoner lodged with her for some Time, and then took away the Goods mentioned in the Indictment, a Part of which Goods she found upon her.

Robert Nanney depos'd, That he apprehended her and found the Goods upon her, which Goods were swore to by the Prosecutor. She having nothing to say in her Defence, the Jury found her guilty to the Value of 39 s .

[Transportation. See summary.]

Francis Biddle , was indicted for feloniously stealing 3 Barrels of Small Beer, 2 Bushels of Malt, and 3 Firkins of Ale , on the 25th of June , the Property of Mr. William Buckland .

Mr. Buckland depos'd, That the Prisoner being his Servant at the Time he had the Goods stole from him, and it being his Turn to sit up every other Night; upon the Goods being missing he was suspected to have taken them.

Edward Jones depos'd, That he took Notice the Goods were missing on those Nights when the Prisoner sate up to watch.

John Byron depos'd, That the Prisoner ask'd him to let him put the Beer in his Store-house: But the Court strictly examining the Matter, found that this Deponent had bought both the Beer and the Ale of the Prisoner, at a Price which must satisfy him it was stolen, for he gave but 2 Shillings a Barrel both for the Beer and for the Ale, but the Prosecutor willing to favour him, suffered him to escape with Impunity: The Fact appearing plain upon Biddle, the Jury found him guilty of Felony .

[Transportation. See summary.]

Elizabeth Eckling , of St. Giles's without Cripplegate , was indicted for stealing a Linnen Sheet, a Blanket, and a Pewter Plate , the Property of Edward Thomas .

The Prosecutor deposed, That she was his Lodger, and had taken the Goods out of his House without his Knowledge and Consent; and that afterwards he found them at pawn, where they were put by the Prisoner: But the Prosecutor trifling in his Evidence, and the Prisoner proving that he had actually taken a Note of her Mother for Money, that he would not prosecute, the Jury acquitted her, and he received a severe Reprimand from the Court for such un ust Proceedings.

William Lovejoy , of St. John Hackney , was indicted for feloniously stealing several Silver Pence and Twopences, on the 15th of Aug. last, the Property of John Matchin , and some other Goods, the Property of Lawrence Burg , which appearing very plain against him, the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

James Glover , of St. Leonard's Shoreditch , was indicted for breaking the Dwelling-House of John Beverstock , and taking thence 6 Pewter Plates and two Pewter Porringers .

Mr. Boon depos'd, That he took the Prisoner upon Suspicion of his having stole the Pewter, and he confess'd to him that it was the Goods of John Beverstock , which he afterwards confess'd before a Magistrate.

John Wilson depos'd, That he saw the Prisoner sign his Confession, which was read in Court; but the Purport of it amounted to no other than that it was Mr. Beverstock's Pewter, which was stole out of his House by one Samuel Push , and another who assisted him and would have had him to have gone with them, but he refused it, and when they had taken it they threw it in a Ditch, and came afterwards and told him of it, when he helped them to get it out of the Ditch, and carrying it away he was taken into Custody. But this Confession not proving him guilty, either of the Felony or the Burglary, and there being no other Evidence the Jury acquitted him.

Mary Bolton , alias Gately , of St. Mary Whitechapel , was indicted for stealing a strip'd Cotton Gown , the Property of Jane Dingley , which being found at a Pawnbroker's by her Directions, and she at the same Time confessing she stole it out of the House of the Prosecutor, the Jury found her guilty of single Felony.

[Transportation. See summary.]

Dorcas Stanton , of St. Leonard's Shoreditch , was indicted for feloniously stealing 2 Pair of Sheets and a Apron , the Goods of John Pendall ; but the Fact not appearing plain, the Jury acquitted her.

John Bridges , of Allhallows in the Tower Ward , was indicted for feloniously stealing 28 Gallons of Olive Oyl , the Property of Robert Smith : It appear'd by the Oath of Mr. Smith and others, that the Prisoner was Mr. Smith's Porter's Servant , and that he was found privately conveying a Cask of Mr. Smith's Oil away; that he was taken in the Action, and seiz'd as he was endeavouring to carry the Cask of Oil away, and at the same Time search'd, a Key was found upon him, with which he confess'd (before a Magistrate) he opened the Cellar Door, which being plainly proved upon him, the Jury found him guilty of Felony .

[Transportation. See summary.]

Mary Newton , of St. Giles's in the Fields , was indicted for feloniously stealing a Camblet Ridinghood, two Handkerchiefs, a pair of Brass Scales, and several other Goods , the Property of Elizabeth Grimes ; but the Evidence not being sufficient the Jury acquitted her.

Walter Green , of St. Margaret's Westminster , was indicted for feloniously stealing a pair of Silver Tongs, value 7 s. the Property of Henry Woolley ; but it did not appear that he took them feloniously, therefore the Jury acquitted him.

James Glover , of Islington , was indicted for feloniously stealing a Pewter Chamber-pot, and a Brass Pottage-pot , on the 8th of Aug. last, the Goods of Mary Gordon , which he confess'd before a Magistrate, which Confession being read in Court, and sign'd with his own Hand, the Jury found him guilty of single Felony.

[Transportation. See summary.]

Andrew Green , of St. Leonard's Shoreditch , was indicted for feloniously stealing 22 Pence , the Property of Thomas Thornhill .

He was a second Time indicted for feloniously stealing 4 s. in Money , the Property of John Underwood ; both which Indictments appearing plain against him, the Jury found him guilty of single Felony on each Indictment .

[Transportation. See summary.]

Francis Sibley , of St. James's Westminster , was indicted for assaulting, ravishing, and carnally knowing against her Will and Consent, Mary Westbury , a Girl between ten and eleven Years of Age .

Edward Westbury depos'd, That he heard his Child had been at the Prisoner's House, and abused there, upon which he carried the Prisoner before a Magistrate, where he said, somebody else had known the Girl before him.

Eleanor Wise depos'd, That she saw the Prisoner and the Girl lay upon the Prisoner's Bed together, that her Coats were up, and he had his Hand upon her Thighs, but that the Girl did not cry out, nor could she discover more through the Key-hole than this ludicrous Action.

Elizabeth Thursly depos'd, That she had Suspicion of his being naught with the Girl, and likewise peep'd through the Key-hole and saw the Prisoner play with her Thighs, but she saw no further: It appeared that the Girl was a forward wicked Girl, and came frequently to the Prisoner's Room, though she was ordered to the contrary, and the Prisoner having a wicked Appetite, took and Advantage of her Folly, and deluded her, though it did not appear that he had ravished her, which being his Charge in the Indictment, the Jury could do no otherways than bring him in Not Guilty .

Thomas Paul , was indicted for a Misdemeanor, in breaking the Dwelling-House of Mary Renough , with a felonious Intent to steal and bear away the Goods of Mary Renough aforesaid.

Peter Forward , (the Watchman who took him) depos'd, That he saw the Prisoner lurking about the Corner for some Time, and at length going up, he found the Shutter of the Prosecutor's Window had been broken down, and the Prisoner and 2 or 3 others seeing him come up to them, ran away, but he secured the Prisoner, and found a Chissel about him, with which he believed the Window Shutter was broken down; upon which the Jury found him guilty .

[Imprisonment. See summary.]

Ann Ridoubt , of St. Peter's Cornhill , Spinster , was indicted, for that she not having the Fear of God before her Eyes, but being led by the Malice and Instigation of the Devil did on the 15th of Aug. kill and murder her male Infant Bastard Child which being born alive, she with both her Hands, did sling it into a House of Easement, fill'd with human Excrements, in which Place it was suffocated and .......thenand there died .

She was a second Time indicted upon the Coroner's Inquisition for the said Murder to both which Indictments she pleaded Not Guilty.

William Osborn , depos'd, That the Prisoner being his Fellow Servant , and he laying on the same Floor, about a Fortnight since at 2 in the Morning she knocked against the Partition. saying, she was very ill, upon which he dress'd himself and went to her, when she appeared to be very bad, and desired she might have a Woman; that no Woman being in the House he begg'd her to compose herself; but in half an Hour she knocked again, and cried out to that Degree she surpriz'd him, when he went again to her, and told her she cried out like a Woman in Travail, to which she answered, that she was as bad, and begg'd he would call his Master which he did. and told his Master she was very bad, and must have a Woman, that his Master went up to her, and she complained she had the Cholick in a violent Manner; upon which he sent this Deponent for an Apothecary, who ordered them to get her some Chicken Broth as soon as possible, and after examining her, and she telling him she had a violent Fit of the Cholick, he went home and sent her something in a Vial, which she took, and afterwards appear'd to be something easy.

Mr. Lloyd depos'd, That she complained of the Cholick, and the Apothecary said, it was a violent Indisposition in her Bowels, for which he sent her a gentle Puke, and afterwards a Bolus and Draught; that his Family being out of Town, and there being no Woman in the House besides herself, he sent for his Brother's Maid, who came at 5 o'Clock in the Morning, that he was going up Stairs with her, and the Prisoner call'd to know who was there, and said, don't come any further.

The Servant of Mr. Lloyd's Brother depos'd, That she went up Stairs with Mr. Lloyd, and the Prisoner call'd out to them, and she making answer, the Prisoner said, if it is you, you may come up, that she went up, and found the Room very foul from the Bed to the Necessary House, which was on the same Floor; that she ask'd her the Occasion of it, and she said she had a violent Purging, and had got out of Bed to empty the Chamber-pot, and was since easier; that she made the Room clean, and made the Bed, in which there were some Marks, and that at 7 o'Clock she left her.

Margaret Barkhill depos'd, that she was employ'd as a Nurse to look after her, and she told her she had had a Child, for the had Milk in her Breasts, but the obstinately deny'd it.

Elizabeth Woolhead , Midwife, depos'd, That on the Wednesday after this happen'd, the Ladies of the House came home, and they being told of the Prisoner's Indisposition, were surprized at the Incidents as they were related; that they immediately sent for her, and desired her Opinion, whether she had bore a Child or no; That she took her up Stairs, and examining her, found Milk in her Breasts, and then told her she had bore a Child, which she deny'd knowing any thing of, tho' she said, when she took the Vomit from the Apothecary, she had a violent Purging, at which Time something came from her, which she could not account for; however, what it was, she slung it out of the Chamber-Pot into the Vault: She likewise told this Deponent, that when the Apothecary came to her, she told him, that the Custom of Women had left her for nine Months, and that nevertheless he sent her the Potion which brought away something Extraordinary, but yet she would not own that she knew herself to be with Child; but where upon this Deponent's giving her Opinion that she had bore a Child, and she was committed to the Compter, she sent for this Deponent, and told her she had made Provisions for the Reception of a Child, which were at her Master's, at the Bottom of her Box; and that she went and found there all manner of Materials suitable for such an Occasion. This Deponent further said, that as she had a hard Labour and no Help, it were next to impossible that the Child should come from her alive, at least, it would immediately die; and for the Child's being disengag'd from her, the Navel-String might break, and in the Extremity she might not be sensible of it; and further to prove the Child was not born alive, she said there was no Child but what cried out as soon as it was born, and that this Child never cry'd at it's Birth, appear'd evident from the Oath of Jacob Binks , who depos'd, That he lodg'd in the next Room, that he heard her Cries and Groans all the while, but that he did not hear the Cry or Noise of a Child. Upon the Whole, the Jury acquitted her.

Elizabeth Farmer , of St. Brides , was indicted for privately stealing a Silver Watch, value 40 s. from the Person of Owen Harris , on the 26th of August last.

Modest Mr. Harris depos'd, That he met the Prisoner accidentally in Black-fryars , and she asking him to give her a Dram, he readily consented, that they went together, drank together, laid down together, and when he had taken a Sleep, he awaked and miss'd his Watch, but he was so drunk, he could not positively say she had taken it from him; but he brought an Evidence, who depos'd, That he fetch'd the Watch after she was taken into Custody however, as it did not appear that she took it from him the Jury acquitted her.

Philip Dormey , of St. Bartholomew the Great , was indicted for feloniously stealing four Pair of Leathern Breeches , on the 22d of August last, the Property of Thomas Hunt .

Eleanor Button depos'd, That she saw the Prisoner lurking about the Prosecutor's Door, and presently he went into the Shop, where she saw him take the Breeches; upon which as soon as he came out, she pursued and took him with the Breeches upon his Arm. The Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

Mary Thomas , of St. Mary Whitechappel , was indicted for feloniously stealing a Pair of Stays, value 10 s. the Property of John Bayley , but the Evidence not being sufficient, the Jury acquitted her.

John Thomas , alias Pearce Reynolds , of St. Martin's in the Fields , was indicted for feloniously stealing a Silver Spoon , on the 20th of July last, the Property of Nicholas Lambert .

The Prosecutor depos'd, That he lost the Silver Spoon out of his House, and soon after a Gentleman inform'd him of the Prisoner being stopt selling a Spoon, which he going to see, found it to be his.

Mr. Faulkoner depos'd, That the Prisoner came and ask'd him to weigh the Spoon, and tell him how much it was worth, but he seeing it mark'd and number'd, thought convenient to examine how he came by it, which he not giving a good Account of, he stopp'd him and found out the Prosecutor. The Fact appearing very plain, and he making a trifling Defence, the Jury found him guilty of Single Felony .

[Branding. See summary.]

Anne Burton , of St. James, Westminster , was indicted for feloniously stealing a Muslin Handkerchief, an Apron, five Shirts, one Shift, three Sheets, a Towel, and a lac'd Handkerchief , on the 1st of March last, the Goods of Thomas Mayson .

Elizabeth Mayson depos'd, That the Prisoner being a Lodger in her House, and she missing the Goods mention'd in the Indictment, had a Suspicion of the Prisoner, and what, she said, confirm'd her in this Suspicion was, she found her lac'd Handkerchief about the Prisoner's Neck, and Part of a Check Apron she found in the Prisoner's Room, which she knew to be her own by the Bosom Mark, for it was made of an old Shirt.

The Prisoner said in her Defence, That the Piece of a Check Apron with the Bosom to it was given her Child by the Prosecutor's Husband, to make a Doll of, and for the lac'd Handkerchief, she had those in Court who could prove both the Lace and Muslin was given her, tho' the Prosecutor pretended she knew the Handkerchief to be her's by a Hole in one Corner being darn'd, and by the Muslin being too long for the Lace at one Corner.

Mrs. Millington depos'd, That she gave the Prisoner a Muslin Handkerchief some Time since, and she did believe it to be the very same mention'd in the Indictment, it being shew'd to her, and for the Lace that was sew'd to it, she very well remember'd that the Prisoner shew'd her a Piece of Lace which was given her by a Person since dead, and she did believe the Lace to be the very same: Several others appearing to her good Character, the Jury acquitted her.

Dutton Raymond , was indicted for willful and corrupt Perjury , but no Evidence appearing, he was acquitted .

Thomas Young , was indicted for feloniously stealing 20 Harness Buckles , on the 3d of August last, the Property of Alexander Watts , to which Indictment he pleaded guilty . Single Felony

[Branding. See summary.]

Anne Green , of St. Mary Le Bone , was indicted for feloniously stealing two Pair of Womens Shoes, a Linnen Shirt, and a Shift , the Property of John Collins .

Hannah Collins depos'd, That the Prisoner being her Servant , had absented herself from her Service when she was at Church, that she soon miss'd the Goods, and not long after heard that the Prisoner was stopt with the Shoes.

Susan Everage depos'd, That the Shoes were brought to her House, and offer'd to Sale, but she suspected them to be stolen, and stopt the Woman who brought them to sell, who said she had them of one Anne Green, and accordingly they went together, and the Woman who brought them to the Prisoner, who own'd them to be her's, and said her Mother sent them to her from Newcastle.

She said in her Defence, That the Prosecutor, her Mistress, did not pay her all the Wages due to her when she came away, but gave her those Goods as Part of the Payment; but this Excuse differing very much from that of her Mother's sending them to her, and the Prosecutor making it appear she paid all her Wages, and that the Goods were taken clandestinely, the Jury found her guilty of Single Felony .

[Transportation. See summary.]

Elizabeth Appleyard and Dorothy Nyehouse , were indicted for feloniously stealing three Linnen Sheets. two Shifts, two Napkins, two Table Cloths, a Pair of Stockings, and some Money , the Property of Charles Cole .

Mary Cole depos'd, That Elizabeth Appleyard being her Servant , she miss'd several Things, but could not prove any of them to be taken by her; at length, she being in Bed, bade the Prisoner lock the Chamber-door, which she pulling too and not locking, she ask'd why she did not lock it; to which the Prisoner said, the Lock was broke, and upon this Deponent's getting out of Bed in surprize, and finding it really broke, she charg'd the Prisoner with doing it, till at length she confess'd she had done it to take Tea and Sugar; but upon her saying that was false for she loved neither, she said she broke open the Chamber Door to get the Key of the Shop to cut herself off an Apron, (her Master keeping a Linnen-Draper's Shop) her Examination and Confession being read in Court, the Pupose of it was, That with the Advice of Dorothy Nyhouse , she had robb'd her Master of Goods and Money to a considerable Value, and that she had given those Things to Dorothy Nyhouse after she had stole them; but this Confession not being sufficient to convict Dorothy Nyhouse , and there being no other Evidence against her, the Jury acquitted her; but Elizabeth Appleyard by her own Confession and plain Evidence, was found guilty of Felony to the Value of 39 s .

[Transportation. See summary.]

John Butler , of St. Mary Woolnorth , was indicted for feloniously stealing a Bushel of Apples, value 4 s. on the 24th of July last, the Goods of Thomas Winstandley ; but for want of sufficient Evidence he was acquitted .

Hannah Haywood , of St. Sepulchre's , was indicted for stealing a considerable Quantity of Money the Property of Francis Peachey , in the Dwelling-House of William Chancey on the 17th of August last.

It appeared by the Deposition of Elizabeth Peachey , that her Husband being in the Hospital, and a Person who went for the Prisoner's Husband lying in the Hospital at the same Time, and dying there, the Prisoner being then in a miserable Condition, not having a Habitation to retire to, she, the Prosecutor, took Compassion on her, and suffered her to lie with her, and kindly supplied her with the Necessaries of Life, which she stood in need of; but in the midst of all this Kindness and Humanity of the Prosecutor's, the ungrateful Wretch took an Opportunity to open her Drawers and take all the Money she had in the World, though a Part of it was recovered when she was apprehended.

The Constable depos'd, That he heard her confess the taking the Money out of the Prosecutor's Drawers; the Jury found her guilty to the Value of 39 s .

[Transportation. See summary.]

Sarah Burgess and Elizabeth Glover , of St. Paul's Covent-Garden were indicted for privately and feloniously stealing seven Guineas, from the Person of Jacob Miller , on the first of August, 1727 .

Jacob Miller depos'd, That Sarah Burgess happened to see him in Drury-Lane, and asked him to treat her with a Pint of Wine, which he refused, and presently after he happened to light of Elizabeth Glover , an old Friend of his, and she said, Mr. Miller, will you make me Drink? which he consented to, and he went up to her Lodgings whilst she sent his House to an Inn, that Burgess followed him to Elizabeth Glover 's, and as Elizabeth Glover and he sate upon the Bed together, Sarah Burgess pick'd his Pocket of a green Purse, in which was 16 Guineas, out of which she took 7, and returned the other, that he caught her Hand in his Pocket, but did not know that she had taken his Money, but he understood she gave Elizabeth Glover one Guinea to hold her Tongue. Being ask'd why he did not prosecute her sooner, this being done in 1727, he said, the Jury at Hicks's Hall would not find the Bill, and she had used him very ill since, or he had not indicted her now; for they had been at Law together, and she had indicted him; being ask'd if he did not indict one Eleanor Lock a Twelvemonth since for this very Fact wherewith he charg'd the Prisoners, he confess'd he did, for she was in the Room.

Mr. Cook depos'd, That he heard Elizabeth Burgess confess she had taken 7 Guineas from Jacob Miller , that she left him 9, and was sorry she had not taken it all. Sarah Burgess desiring the Prosecutor might be ask'd if she had not recovered a Judgment and Execution on him for Money due to her for Liquors he had of her, after some hesitation he confess'd she had, though he would fain have equivocated on that Head. Several other Witnesses being examined, it appeared that Sarah Burgess and the Prosecutor Jacob Miller , had been at Law for some Time, and that he had said he would hang or transport her if possible, since she would not agree to his Terms, and their being another Law Suit now depending between them, it was look'd upon as a malicious Prosecution; so they were both acquitted , yet tho' they begg'd for a Copy of their Indictment it was not granted, they appearing to be a contentious wicked People; the Court was not willing to give them further Occasion to exert their Malice.

Edward Williams , of St. Paul's Shadwell , was indicted for Feloniously stealing an Iron Loggerhead, a Cane, seven Brass Cocks, two Marling Pikes, and several other Things, from on Board the Upton Galley , the Property of William Coster , which appearing plain, the Jury found him guilty of single Felony .

[Transportation. See summary.]

Sarah Deenford , was indicted for stealing an Apron, a Clout, a Tablecloath, 5 Napkins, a Shirt, a Mantle, two Yards of printed Linnen, three Brass Cocks, and several other Goods , the Property of James Onley , on the 5th of June last; but the Fact not appearing plain against her she was acquitted .

Michael Chapman , of St. John the Evangelist , was indicted for stealing 12 Keys and 2 Iron Bars , the Property of William Harrison , but for want of sufficient Evidence she was acquitted .

John Leflewer and James Padget , were indicted for feloniously stealing a Blanker, value 6 s. on the 19th of August last, the Goods of John Goodchild , which appearing very plain against them, they were both found guilty of single Felony .

[Transportation. See summary.]

Mary Wiltshire , of St. Andrew's Holborn , was indicted for privately and feloniously stealing some Money from the Person of John Boucer .

The Prosecutor depos'd (by an Interpreter) That he having lost his Pocket-Book, was inquiring for it at a House where the Prisoner was, and that they giving him some Encouragement, he called for Punch to make them drink, that presently the Prisoner took an Opportunity to pick his Pocket, and he finding his Money gone, charg'd her with it, when she jump'd out of the Window; and being afterwards taken and carried to the Round-house, he offered her a Guineas to let him have his Seal again, which was likewise taken from him at the same Time as his Money was; this, he said, he did to trap her, that he might fix the Fact upon her by some Evidence and accordingly his Scheme had the desired Effect, for she produced the Seal, and tho' she afterwards denied receiving a Guinea on such Account, yet they found the Guineas upon her in her Hair. It further appeared, that one Harvey, whom one of the Witnesses was so hardy as to call the Bawd of the House, said, they would live well with the Money.

She said in her Defence, That the Prisoner wanted to lie with her, and she refusing him, he began to Curse and Swear at her, and to avoid his Insults she got out of the Window; but this Artifice had but little Effect, for it appear'd she could not speak his Language (French) nor could he speak English. The Jury found her Guilty to the Value of 10 d .

[Transportation. See summary.]

James How , alias Harris , was indicted for feloniously stealing Goods to the Value of 5 l. out of the House of John Spencer ; to which Indictment he refused to plead, pretending he expected to be admitted as an Evidence, but his Crimes were too notorious for that Liberty to he admitted him, yet the Court not willing immediately to order him to the Punishment which the Law directs on such Occasions, ordered the Sentence should be read to him, and indulg'd him with Time to consider of it; the Preamble is as followeth:

That the Prisoner shall be sent to the Prison from whence be came, and put into a mean House stopp'd from Light, and there shall be laid upon the bare Ground, without any Litter, Straw, or other Covering, and without any Garment about him, saving something to cover his Privy Members, and that he shall lie upon his Back, and his Face shall be covered and his Feet bare, and that one of his Arms shall be drawn with a Cord to one side of the House, and the other Arm to the other side, and that his Legs shall be used, in the same Manner; and that upon his Body shall be laid so much Iron and Stone as he can bear, and more; and that the first Day after be shall have three Morsels of Barley Bread, without any Drink, and the second Day he shall drink so much as he can three Times, of the Water which is next the Prison Door, saving running Water, without any Bread, and this shall be his Diet until be dies.

The next Morning he considered of the ill Consequence which would attend his Obstinacy, and pleaded Guilty to the Indictment .

[Death. See summary.]

Griffin Owen Samuel Harris , and Thomas Medlin , were indicted for assaulting Richard Barker on the Highway, putting him in fear, and taking from him five Pounds in Money , on the 3d of July last.

Richard Barker depos'd, That he living at Winchmore-Hill, was going home on Saturdays the 13th of July, and by the Way, at the Coach and Horses in Tottenham, he saw the Prisoners and another Person drinking together at the Door; that he took particular Notice of them, and look'd upon them to be Slippery Persons, that he went forward to Edmonton, and staid there some Time, and about 10 at Night in an open Lane, a Mile from Edmonton Church , the Prisoners overtook him, when some of them turn'd back and said D - n you stop; at which he said, I know every one of you; yet they dismounted him, pull'd off his Horse's Bridle, and took from him 5 Pounds four Shillings and 6d. and that the next Morning he found 7 d. in the same Place which he supposed they had dropt. That he took observation on them, and found him the light of the Moon they were the Same Persons he saw at Tottenham, and that on the Tuesday following one William Hyat inform'd him in Whitechapel, that there were Persons which he knew supposed to be Highwaymen, and desir'd he would describe the Persons who robb'd him, which he did, and Hyat took them by his Description, and when they were taken, he still insisted upon it that they were the Persons who robb'd him.

William Hyat depos'd, That on the 13th of July he saw Harris and Medlin at Islington, that they had some Discourse about Deen stealing, and as they were Drinking together, Ones and another came up to them, that afterwards he was inform'd by Mr. Rose, of Robberies done by such People; that he heard afterwards of Dr. Hulse's being robb'd and of the Robbery committed on the Hayman Richard Barker , and he enquiring after the Character of those Men, at the White House in Brick Lane, Old-street, heard that they were not only Dear-stealers, but other wife of dissolute Lives, and would come on Horseback in the Night-time and fire off their Pistols in the Yard; upon which he went to Dr. Hulse, and to Richard Barker , who describ'd the Men that robb'd them, which he believ'd to be the Persons he drank with at Islington as aforesaid, and accordingly has them apprehended, when Richard Barker swore to them, and before this, he had particularly described their Persons, Habits, and the Scar in Owen's Face. Other Witnesses confirm'd that the Prisoners and another Drank together at the Coach and the Horses at Tottenham at the Time as swore by Barker; and that Harris would seign have made himself an Evidence against the others, in expectation of which he discovered Medlin, who was not taken with him and Owen. The Fact appearing plain the Jury found them all three Guilty . Death .

Griffin Owen was a second Time indicted for assaulting Dr. Edward Hulse on the Highway, putting him in fear, and taking from him a Silver Watch, value 40 s. two Guineas and eight Shillings in Silver , on the 13th of July last.

Dr. Hulse depos'd, That on the 13th of July about 9 at Night, 4 Men set upon him at Ponder's-End, in the Parish of Edmonton; that one of them bear his Coachman, and afterwards assaulted him and took away his Watch and Money; that his Coach man said, the Man that did it had a Scar upon his Cheek, which he could plainly discover, it being a bright Moon-light Night.

Thomas Bennet depos'd, That the Prisoner was the Man who got upon the Coach-Box and beat him, and afterwards robb'd his Master, that they could not be contented with that, tho' they beat out one of his Teeth, but they broke his own Whip about him.

Henry Greenwood depos'd, that he saw the Prisoner beat the Coachman, and then ask'd his Master, the Prosecutor, for his Watch, which he said he had deliver'd to another of them, that one of them took his Master's Hat, but the others oblig'd him to return it again, saying, he was a very civil Gentleman; but this Deponent could not be Positive as to any of their Persons but the Prisoner's This Fact likewise appearing plain, the Jury found him Guilty .

William Read and Eleanor Reddey , of St. Dunstan's Stepney , were indicted for privately and feloniously stealing two Silver Tankards, two Silver Mugs, a Silver Cup and Punch Ladle, and 7 l. 16 s. in Money, on the 22nd of July last, the Property of Jane Dawson , in the House of Isabella and Jane Dawson aforesaid.

Isabella Dawson depos'd, That she heard Eleanor Read confess before Justice Jackson , That She opened the Door of the House when her Mistress Jane Dawson , was in Bed, and let William Read into the House, and that she stood and saw him take the Plate, whilst she watch'd to see if any Body came.

Sarah Thompson depos'd to the like Effect, That she sign'd the Confession with her own Hand, in which she acknowledged letting William Read into the House, and being privy to his taking the Goods.

John Hooper , the present Executioner depos'd, That he likewise heard her confess she let William Read into the House, and consented to his taking the Goods and saw her Sign her Confession; but though this Confession did not effect William Read without other Evidence, which the Prosecutor could not produce, yet it being prov'd in Court to be sign'd with her own Hand, without any Menaces or Threatnings, it had this Effect with regard to herself, that the Jury found her Guilty , Death . And William Read was acquitted .

Edward Roberts , of St. Paul's Convent-Garden , was indicted for privately stealing a Silver Watch, value 5 l. a Pearl Snuff-Box, and 15 s. in Money, from the Person of Rowland Evans .

The Prosecutor depos'd, That he was going home, and in Cheapside he met the Prisoner, who pretended he would see him home, he being a little in Liquor, that the Prisoner persuaded him to go to Drury-Lane, and at the Crown-Tavern they drank very plentifully, that the Prisoner told the People of the House he would take Care of him and of his Watch and Snuff-Box, that he took his Watch from him, which he could remember, and he falling asleep lost his Money and Snuff-Box, which he did believe was taken from him by the Prisoner, for when he awaked both the Prisoner and his Watch and Money were gone.

The Constable who took the Prisoner depos'd, That he found the Watch and Snuff-Box upon him, and that he was one of a very bad Character, and when taken he had a Pistol about him which was loaded, and two Slugs in his Pocket; the Pistol, he said, was James Howe 's, (who was condemn'd this Sessions) and it appear'd to be his, which he had given the Prisoner for such Uses as have brought him to the State in which he now is. The Constable further depos'd, That he said he had the Watch these five Years, but after it was seiz'd he could not tell any Marks or the Maker's Name.

He said in his Defence, That the Prosecutor gave him the Watch and Snuff-Box to hold, and that he did design to return them, but this not agreeing either with his Story to the Constable, or with his Actions, the Jury found him Guilty . Death .

Mary Humble , was indicted for stealing a Pair of Linnen Sheets, and other Goods , the Property of John Hall , and found guilty of single Felony .

[Transportation. See summary.]

Joseph Smith , was indicted for stealing 38 Shillings in Money , the Property of Richard Hanney , and found guilty of Single Felony .

[Transportation. See summary.]

Elizabeth Flaxon , was indicted for stealing a Suit of laced Headcloaths, and a Cotton Gown , the Goods of Elizabeth Fletcher , and found guilty to the Value of 10 d .

[Transportation. See summary.]

Mudrey Wild , was indicted for stealing three Silver Spoons, a Nutmeg-grater, a Silver Thimble, a pair of Silver Buttons, and Several other Things, the Property of Thomas Crosley , and a considerable Quantity of Table Linnen, and other Goods, the Property of Joseph Gascoin Nightingale , Esq; but after a long Hearing it appeared, that the Prisoner was a Person of very good Character, and by clear and substantial Evidence, vindicated herself from the Imputations she lay under, and was with Honour acquitted .

Ann Gregory , was indicted for stealing a Silver Tea Spoon, value 1 s. the Property of John Jackson ; but the Prisoner making it appear that the Prosecutor gave it her, that he had been several Times in her Company since, and only indicted her on Account of a private Quarrel, She was acquitted .

Ann Manner , was indicted for stealing three Pewter Plates and a Linnen Handkerchief , the Property of Edward Garrett : But the Fact not appearing plain to the Satisfaction of the Jury she was acquitted .

Thomas Saunders , was indicted for feloniously stealing a Boat, a pair of Sculls, a Sail, and two Cusheons ; but it appearing that he had properly a Share in the said Boat, the Jury acquitted him.

Susanna Akrons , was indicted for stealing two Ounces of Raw Silk, the Property of James Grimbolt , and two Ounces of Raw Silk, the Property of Jacob Bocea ; but the Evidence being weak she was acquitted .

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

Received Sentence of Death 6.

James How alias Harris, Griffith Owen , Thomas Medling, Samuel Harris , Eleanor Red dey, and Edward Roberts .

Burnt in the Hand 4.

George Mitchel , John Thomas , alias Pearce Reynolds , Thomas Young , and William Boswell , formerly convicted of Felony.

Transportation 29.

Thomas Powel , Sarah Darvel , alias Neaves, Margaret Bristow , Martha Bentley , Ann Wiechard , William Burt , Susanna Young , William Ward , James Subcliff , George Gyles , Thomas Wagstaff , Jane Briggs , Francis Biddle , William Lovejoy , May Bolton, John Bridges , Philip Dormey , James Glover , An drew Green , Ann Green, Elizabeth Appleyard, Hannah Haywood , Edward Williams , John Leftewer , James Padget , Mary Wilt shire, Mary Humble , Joseph Smith , and Elizabeth Flaxton.

Thomas Paul , for a Misdemeanor, to suffer one Month's Imprisonment.

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