Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 02 September 2014), December 1728 (17281204).

Old Bailey Proceedings, 4th December 1728.

THE PROCEEDINGS ON THE KINGS 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 Robert Baylis , Knight,

LORD-MAYOR of the CITY of LONDON.

In the 2d Year of His MAJESTY's Reign.

1729.

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, and Saturday, being the 4th, 5th, 6th, and 7th, of December, 1728, in the Second Year of His MAJESTY's Reign.

BEFORE the Right Honourable Sir ROBERT BAYLIS , Lord Mayor of the City of London; Mr. Baron Carter ; Mr. Justice Page; 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.

John Turner ,

Joseph Field ,

William Yarroway,

Drew Drury ,

Thomas Baker ,

Robert Ives ,

William Farrow ,

John Stone ,

John Taylor ,

John White ,

John Siddal ,

Brandon Hatch .

Middlesex Jury.

Thomas Stent ,

Francis Beck ,

Thomas Duffin ,

Robert Brightliff,

Joseph Welsh ,

Samuel Goodwin ,

Ambrose Stevenson ,

Cornelius Heath ,

Josiah Wallis ,

John Witherington ,

Thomas Fogg ,

William Rawlingson ,

Margaret Wilkinson , was indicted for privately stealing a piece of black Ribband, and a piece of white Forret, on the 25th of October last, the Goods of Thomas Nowell , out of the Shop of the said Thomas Nowell .

It appeared by the Oath of Thomas Pickering , Servant to the Prosecutor, that the Prisoner came to the Shop and bought several Remnants of Ribband, but he missing the Goods mentioned in the Indictment, fetched a Constable, who found the Goods upon her, which being confirm'd by the Constable, the Jury found her Guilty to the Value of 10 d.

[Transportation. See summary.]

John Gray , of St. Giles's Cripplegate , was indicted for feloniously stealing 2 Leaden Weights , on the 26th of November last, the Goods of Mary Sceney .

John Goodfellow depos'd, That he saw the Prisoner fall with the Weights near the Prosecutor's Door, and that presently after he being stopp'd with them, and several people coming with him, he went into the Prosecutor's Shop, where he said they were given him by a Man; but this appearing to be only an idle Tale, the Jury found him guilty to the value of 4 s. 10 d.

[Transportation. See summary.]

John Fisher , of St. Mary le Bow , was indicted for privately stealing a Silk Handkerchief, value 10 d. the 25th of October last, from the Person of Edward Thetford .

The Prosecutor depos'd. That as he was walking along Cheapside he was inform'd the Prisoner had pick'd his Pocket, and pursuing him the Handkerchief was found upon him; the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Benjamin Kennet , of St. Dunstan's in the East , was indicted for feloniously stealing 30 lb. weight of Copper , the Property of Abraham Franco , Moses Franco , and Jacob Franco . It appeared that the Prisoner being a Porter at the Keys, had taken the Goods from thence in a clandestine Manner; the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

William Holmes , of Broadstreet , was indicted for feloniously stealing a Silver Spoon , the Property of John Tidmarsh , on the 19th of November last.

The Prosecutor depos'd, That the Prisoner and two Girls having Din'd at his House on the Day that he lost his Spoon, they suspected him or them to have stolen it, and accordingly they took the Girls up, who brought out the Prisoner; yet he for some Time denied any Thing of it, but at length confess'd the Fact, and directed him where he found the Spoon, which being produced in Court, and appearing by the Mark and Number to be the same, the Jury found him guilty to the Value of 4 s. 10 d.

[Transportation. See summary.]

Paul Hubbard , of St. Bottolph without Aldgate , was indicted for feloniously stealing a pair of Silver Buckles , on the 21st of November last, the Goods of William Hardey .

The Prosecutor depos'd, That the Prisoner came to his Shop under Pretence of wanting a pair of Buckles, and he shewing him several pair, the Prisoner took two pair into his Hand, one of which he endeavoured to conceal, by a Method they call Palming, that he look'd very narrowly and found a pair of Buckles in the Lining of the Prisoner's Coat, which he did believe was the same Pair he before conceaeld in his Hand; the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

James Gowen , of St. Bottolph without Bishopsgate , was indicted for Breaking the House of William Kedger the 22d of November last, about 3 o'Clock in the Afternoon, and taking thence a Camblet Coat, two Suits of Finners, a black Silk Hood, a pair of Breeches, and six Suits of Night Cloaths, to the Value of eight Shillings, the Goods and Property of William Brown : But as it did not appear plain that he was the Person who broke open the House, the Jury found him only guilty of single Felony , some of the Goods being found upon him.

[Transportation. See summary.]

Sarah Taverner , of St. Gregory's was indicted for feloniously stealing two Camblet Cloaks, and a Damask Gown , the Goods of Thomas Smith , on the 30th of October last.

She was a second Time indicted for feloniously stealing 2 pair of Bellows, 2 pair of Bed Curtains, and other Goods , the Property of John Newbury ; and it plainly appearing that the Prosecutors found their Goods by the Direction of the Prisoner, at several Places were she had pawn'd them, the Jury found her guilty of single Felony on each Indictment.

[Transportation. See summary.]

William Ives , of Uxbridge , was indicted for feloniously stealing a Cloth Coat, a pair of Breeches, a Silver Watch, and other Goods , the Property of Walker Norwood , which appearing very plain against him, the Jury found him guilty to the Value of 4 s. 10 d.

[Transportation. See summary.]

John Rodham , Robert Squire , and Joseph Prescot , were indicted for feloniously stealing 6 Books, entituled, Chamberlain's present State of Great-Britain but the Evidence being very weak, the Jury acquitted them.

John Francis , of St. Martins in the Fields , was indicted for feloniously stealing a 4 pound Brass Weight, the Goods of Hepsibe Mirlea , and a pair of Shoes, the Property of William Johnson , and found guilty to the Value of 10 d.

[Transportation. See summary.]

Patrick Carter , of St. Dunstan's Stepney , was indicted for feloniously stealing 30 Yards of fine Cotton Check, Value 40 s. on the 22d of October last, the Goods of Richard Cross , but the Evidence not being sufficient, the Jury acquitted him.

Thomas Otway , of St. Martin's in the Fields , was indicted for the Murder of William Minnis on the 30th of October last, by giving him a mortal Wound with a Sword, the Breadth of half an Inch, and the Depth of 4 Inches, of which he languish'd till the 5th of November and then died .

He was a second Time indicted on the Coroner's Inquisition, for feloniously slaying the aforesaid Mr William Minnis .

Mr. Turner depos'd, that on the Night before this unhappy Accident happen'd, himself with Captain Otway and the Deceas'd had been drinking together at the Cherry-Tree in Plumbtree-street St. Giles's, where they staid till One in the Morning, and then the Deceas'd ask'd them if they should not Drink a Bottle of Wine to his Majesty's Health, that several Houses were propos'd, and at length they went to the Feather's Tavern in Drury-lane, tho' it was much against the Mind of Captain Otway that they went there, he saying they should have bad Wine, but this Deponent and the Deceas'd took him under the Arms, and oblig'd him to go there, that they call'd for a Pint of Wine, which Captain Otway said was bad; that the Deceas'd said it was good; that Captain Otway said it was scrub Wine, and fit for none but Scrubs; that presently they went out, and after some Time came in again, that it seem'd as if they had been a quarreling, but then both of them seem'd satisfied, that they then call'd for a Bottle of Wine; that Captain Otway call'd the Deceas'd Scrub and Coward, to which the Deceas'd answer'd, he was no Coward, but a Soldier ; but this Deponent falling asleep behind the Bar, did not hear any more of their Proceedings that Night: He said he knew both the Prisoner and the Deceas'd, and could not perceive any Malice between them.

Elizabeth Smith , who keeps the Feather's Tavern in Drury-lane , depos'd, that they drank 3 Pints of Wine at her House, and when they had drank only one Pint, the Prisoner paid for it, and would go, saying the Deceas'd and Mr. Turner should go with him, that he told the Deceas'd, if he would not go he was a Scrub; that the Deceas'd said he would go, and this Deponent would have persuaded him to stay, fearing there might be a Quarrel, but the Deceas'd told her he would not Quarrel, but go and get him a Coach or a Chair, that they went out together, and she sent a Drawer after them, that the Drawer and the Deceas'd soon return'd, and presently Captain Otway came back, and said he would drink another Glass, that the Deceas'd and the Prisoner went out again and left Mr. Turner asleep, and that she heard no more of them.

Thomas Ducas depos'd, that he followed the Deceas'd and the Prisoner out of the Feather's Tavern, but he saw none of what follow'd after.

Peter Jones depos'd, that about 3 or 4 in the Morning he was coming through Banbury Court in Long Acre, and saw the Deceas'd and the Prisoner with their Swords drawn, the Prisoner being on his Knees, and the Deceas'd standing by him, that they were both very Dirty, and seem'd very much in Drink, that they both begg'd he would not leave them; that the Deceas'd said he fear'd he was hurt, and presently a Watchman coming up to them, they both very readily delivered him their Swords, that the Deceas'd was put in a Chair and carried to the Mufled Bear in Covent-Garden, and the Captain begg'd an able Surgeon might be provided for the Deceas'd; that the Prisoner had received two Wounds in his Head, and one in his Face; that on the Friday following this Deponent went to see the Deceas'd who said, Drink was the Cause of it, and seem'd very sorry when he heard that Captain Otway was carried to New Prison.

Robert Palmer the Watchman depos'd, that when he came up to them, both the Deceas'd and the Prisoner were upon their Legs, bemoaning themselves, and each other, being then in Drink, and very Dirty, their Hats and Wigs laying at a considerable Distance, that they both surrender'd their Swords, and the Prisoner begg'd the Deceas'd might be taken Care of by an able Surgeon, that they got the Deceas'd into a Chair, and when they provided a Surgeon, the Prisoner begg'd he would take Care of the Deceas'd, and gave the Surgeon four Guineas that he might be careful.

Mr. Coldham the Surgeon depos'd, that he dress'd the Deceased's Wound, which he did believe to be the Occasion of his Death; that Captain Otway gave him four Guineas to take Care of the Deceas'd, and that he dress'd two Wounds in Captain Otway's Head, and one in his Face.

Captain Otway said in his Defence, that he had no Malice against the Deceas'd, that Banbury-Court lay in his way Home, but it was not in the Way of the Deceas'd, and that he could not tell the Occasion of their Quarrelling. Several Persons of Honour appear'd for the Prisoner, who gave him an extraordinary Character of a peaceable, honest, good-natur'd Gentleman, the Jury found him guilty of Manslaughter .

[Transportation. See summary.]

William Russel , John Dart , and John Pedder , of St. Leonard's Shoreditch , were indicted for feloniously stealing a Silver Tankard , the Property of Richard Walker , on the 31st of October last; and Mary Pedder was indicted for receiving the same, knowing it to be stolen .

The Prosecutor depos'd, That on the 31st of October, William Russel , John Dart , and John Pedder , came to his House and call'd for a Tankard of Beer, and that one of them fell into Discourse with him, another kept his Wife in Discourse, and the Third run away with the Tankard.

Sarah Walker depos'd, That they swore, and behaved very rudely before the Tankard was taken away, and that when they miss'd it they pursu'd and took Russel, who said, if they would be easy they should have it again, and he would hang Dart and John Pedder .

Jacob Collier depos'd, That he was in the Prosecutor's House when the Prisoners were there, on the 31st of October, and that he perceived Russel kept the Landlord in Discourse, Pedder kept the Landlady in Discourse, and Dart run away with the Tankard: The Fact likewise appeared plain by several other Circumstances, particularly, that the Prisoners offered the Prosecutor after they were committed to Newgate, that if he would give them a Bond of 40 l. not to prosecute, they would procure his Tankard. The Jury found William Russel , John Dart , and John Pedder , guilty to the Value of 39 Shillings each, but there being no Evidence against Mary Pedder , nor so much as her Name mentioned by any of the Witnesses, the Jury acquitted her.

[Transportation. See summary.]

William North and Ann North , of St. Giles's without Cripplegate , were indicted for stealing a Pewter Chamber-pot, value 3 s. and 6 d. the Property of Timothy Dean ; but the Evidence not being plain they were both acquitted .

Mary Reynolds and Mary Bentley , were indicted, for that they with others not yet taken, did on the 3d of November last, privately steal the Sum of Ten Shillings in Money, from the Person of William Moreton , but the Prosecutor not being able to fix the Fact upon either of them, they were both acquitted .

Jane Watson , of St. James's Westminster , was indicted for feloniously stealing several Pieces of Money, out of the Dwelling-House of Henry Adams , on the 20th of October last.

The Prosecutor depos'd, That he had been out to a Funeral, and left his Man, and the Prisoner, who was his Servant Maid, at home, that when he return'd he found his Door open, his Maid gone, his Man asleep, and the Candle burnt in the Socket, that he fear'd he was robb'd, and soon after found it so; It further appear'd, that when she was taken she confess'd the Fact before Justice Blagney, the Jury found her guilty to the Value of 39 s.

[Transportation. See summary.]

Robert Morris Fowler , of St. Bottolph without Aldgate , was indicted for privately and feloniously stealing 40 Shillings in Money , the Property of Paul Osbourn ; but it not appearing plain the Jury acquitted him.

James Emery , of St. Andrew's Holborn , was indicted for privately stealing a Gold Ring, two Aprons, three Shirts, and other Goods, the Property of Bernard Smith and Walter Beal in the Dwelling-House of Sarah Kellet , and found

[Transportation. See summary.]

William Rambet , was indicted for stealing a pair of Silver Clasps , the Property of the Honourable Colonel Henry Cornwell , on the 23d of October last.

Elizabeth Elliot depos'd, That she went up Stairs for Money to pay the Doctor's Dues, and saw the Prisoner with a Hammer in his Hand, that he took hold of her, D - n her for a B - h, and said, he would murder her if she would not let him go, that she fearing he would do her some Mischief, bade him get away as fast as he could, or he would be taken, that soon after he was taken by the Gentlemen who stood below to receive the Doctor's Dues, and that then he confess'd he got in to the House by the Window, and being search'd and the Silver Clasps found upon him, he confess'd he took them out of the Buroe above Stairs; his being taken in the House, and confessing the taking the Silver Clasps out of Colonel Cornwell's Buroe, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Charles Chedrue , of St. Dunstan's Stepney , was indicted for feloniously stealing 17 joint Bearers, and several Tops and Bottoms of Mother of Pearl Snuff-Boxes, with 5 Ounces of Silver, in the dwelling House of Peter Dubeck , which appearing plain by the Deposition of several Witnesses, the Jury found him Guilty to the Value of 4 s. and 10 d.

[Transportation. See summary.]

Edward Williams was indicted for feloniously stealing a Plow-Coulter , the Property of John Rooks , on the 12th of November last.

The Prosecutor depos'd, That he being a Farmer , keeps a Boy to scare away the Crows, and the Boy inform'd him that the Prisoner had taken the Plow-Coulter, by which Information he pursu'd and took the Prisoner with the Coulter upon him.

George Fisher the Scare Crow depos'd, That he saw the Prisoner take the Plow-Coulter from the Plow, and go away with it, the Jury found him Guilty to the Value of 10 d.

[Transportation. See summary.]

Thomas Powell , of St. Paul's Covent-Garden , was indicted for assaulting William Cooper , on the Highway, on the 15th of November last, and taking from him a Hat value 4 s.

The Prosecutor depos'd, That on the 15th of November, about 9 or 10 at Night, as he was going in at his own Door, the Prisoner came up to him, and snatch'd his Hat off, and running away with it, he cry'd out, stop Thief, upon which he was soon apprehended.

Mr. Bease depos'd, That he saw the Prisoner run away with the Hat, and being pursu'd, he flung it away soon after, whereupon this Deponent secur'd him.

James Glonfield depos'd, That he saw the Prisoner take off the Prosecutor's Hat, and run away with it, and pursuing him, saw him fall over a Heap of Rubbish, and then fling the Hat away; the Fact appearing plain, the Jury found him Guilty of the Felony, but acquitted him of the Robbery .

[Transportation. See summary.]

Ailce Young , and Mary Walker , of St. Martin's in the Fields , were indicted for feloniously stealing a Suit of laced Pinners, the Goods of Jane Simpson , in the dwelling House of Katherine Anderson .

Mrs. Gurney depos'd, That Ailce Young being a poor Woman, that cry'd Rags, and she having some old Rags, call'd her in, designing to give them to her, and going into the House, she call'd Mary Walker Sister , and bade her come in; but this Deponent having Occasion to go up Stairs, bade her keep down; however, she had the Assurance to go up Stairs, and this Deponent being inform'd, that the Stairs were wet, suspected Mary Walker had taken the Head-Cloaths out of a Pan of Water, in which they were, upon the very Stair-Case on which Mary Walker stood; but this not being plain Evidence against Alice Young , the Jury acquitted her, and found Mary Walker Guilty to the Value of 4 s. and 10 d.

[Transportation. See summary.]

Mary Allen , of St. Martin's in the Fields , was indicted for privately stealing 15 Yards of Lace, out of the Shop of Mary Hatch , on the 19th of October last. It appear'd, That the Prisoner came to the Prosecutor's Shop, under the Pretence of wanting some Edging but she not being a ready Money Customer, and they not knowing her, she could not expect Credit, yet willing to be a Dealer in her own Way, she artificially palm'd a Piece of Lace upon a Card, but conveying it into her Bosom, she was seen by a Lad next Door, who pursu'd, and took her with the Lace in her Bosom. She pretended in her Defence, That it dropp'd into her Bosom by Accident, and she was coming back with it, when she was apprehended: but as one Part of her Defence was impossible, the Card lying on the Counter, so the other was very improbable, she being hurrying on a contrary Way from the Shop, out of which she took it, the Jury found her Guilty to the Value of 10 d.

[Transportation. See summary.]

Samuel Gray , of St. Paul's Covent-Garden , was indicted for feloniously stealing a Silver Mug and a Silver Tankard, the Property of Thomas Sturgis , and in the Dwelling-house of the said Thomas Sturgis .

The Prosecutor depos'd, that the Prisoner had been his Servant , and being out of Business, he invited him to Dinner, which the Prisoner readily accepted, and after Dinner, was as ready to assist in serving the Customers, it being a Publick House; but afterwards a Tankard being missing, and the Prosecutor remembering he lost a Pint Pot the last time the Prisoner assisted him; in the Morning when he came again, he took him up Stairs, and charg'd him with taking both the Pint Pot and the Tankard, which he obstinately denied for some Time, but at length confess'd, that one Brooks of his Acquaintance came to him the Night before, as he had the Tankard in his Hand in the Entry, and took it from him, that he met Brooks afterwards and took it again, and put it into a Hole in the Wall below Stairs, and they going down, he put his Hand in the Hole and pull'd out the Tankard; after he was committed, he likewife confess'd his taking the Pint Pot, and directed them to one Mrs. Gibbs, to whom he sold it, which Mrs. Gibbs confirming, the Jury found him guilty to the Value of 39 s. for the feloniously taking, but it did not appear that he took the Goods out of the Dwelling-house .

[Transportation. See summary.]

John Moor , alias Holland , was indicted for feloniously stealing a pound of Chocolate, out of the Shop of George Beedham .

William Gibson , junior, Servant to the Prosecutor, depos'd, that he saw the Prisoner reach his Hand over the Grate, and take the Chocolate, that he pursu'd him, and saw him sling the Chocolate away, and would have got away himself, but this Deponent was too nimble for him.

The Prisoner said in his Defence, that he was so Drunk, he could not stand; but it appear'd he was sober enough to run, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Sarah Hoskins , of St. Paul's Shadwell , was indicted for stealing a Silver Mug, in the Dwelling House of Mary Launch , on the 15th of November last; it appear'd that the Prisoner came to the Prosecutor's House to warm Small Beer, and took up the Silver Mug as she went out, which she carried to Pawn, and the Prosecutor finding it at the Pawnbroker's, and the Pawnbroker appearing against her at Court, the Jury found her guilty to the Value of 4 s. 10 d.

[Transportation. See summary.]

Elizabeth Hammond , of St. Catherine's , was indicted for feloniously stealing a Stuff Gown and other Goods , the Property of Mary Hunter , and found guilty to the Value of 4 s. 10 d.

[Transportation. See summary.]

Joseph Clutterbuck , of White-Chapel , was indicted for feloniously stealing a Pewter Dish, and five Pewter Plates , the Property of Josiah Newman , and found guilty to the Value of 10d.

[Transportation. See summary.]

Margaret Needham , of St. Margaret's Westminster , was indicted for stealing a Linnen Gown, and five Shillings in Money , the Property of Mary Wood , but for want of sufficient Evidence she was acquitted .

John Butterfield , was indicted for feloniously stealing 8 Books, and several Manuscripts , the Property of Charles Clarke , Esq ; it appear'd that the Prisoner had been a Writer for the late Lord Chief Baron Gilbert, and from his Lordship came to be a Clerk to Mr. Clark, out of whose House he took the Books and the Manuscripts, which were left as a Legacy to Mr. Clark by the Lord Chief Baron Gilbert, with a promise not to publish them; but the Prisoner got a Key made to the Place in which the Manuscripts were, and taking them to his own House, got Persons to transcribe them for his own private Advantage, and the 8 Books he pawn'd, of all which he made Confession, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

William Mathews , of St. Andrew's Holborn , was indicted for breaking open the Dwelling House of Christopher Clark , Esq ; on the 21st of November in the Night time, and stealing thence one Dozen of Silver hafted Knives, one Dozen of Silver Hafted Forks, two Silver Salvers, a Pepper Box, a Milk Pot, a Silver Boat, and several other pieces of Silver Furniture, besides a Cloak, a piece of Shagreen, and other Goods, the Property of the said Christopher Clark , Esq;

The Prosecutor depos'd, that on the 21st of November, when he went to Bed at Night, as his Custom was, he carried the Key of the Street Door up Stairs with him, but left the Key of the Back Door with his Servants, that the next Morning he was inform'd by his Maid, that his Street Door was broke open, and a paine of Glass taken out of the Window, that he went in surpris'd to see if any Thing was missing, and found the Goods mention'd in the Indictment taken away, upon which he went to Goldsmiths-hall, and caus'd his Plate to be advertis'd by Description, and the Advertisements distributed to the several Silver-Smiths and Pawn-brokers about Town, by which Method he came to hear of the Prisoner, who was stopp'd disposing of some of his Plate, but he would not confess the Robbery, saying he had the Goods of one Cockeril to dispose of; the Prosecutor then ask'd him who he knew, and how he might be satisfied with his Character, he said he was well acquainted with one Mr. Coxiter, and directed the Prosecutor where he lived, to whom the Prosecutor went and enquir'd out the Habitation of the Prisoner, and going there with a Search Warrant, he found several of his Goods which were taken out of his House, and on the Sunday Evening following, a Woman who said she was the Prisoner's Wife came, and Kneeling upon her Knees, deliver'd the Prosecutor almost all his Plate.

The Servants of the Prosecutor depos'd severally, That the Doors were all fast when they went to Bed on the 21st of November; and the Maid-Servant depos'd, That in the Morning when she came down Stairs, a Paine of Glass was taken out of the Window, and the Door was open.

Mr. Martin depos'd, That the Prisoner brought some Plate to him, and offer'd it to Sale, and he finding it describ'd in an Advertisement, stopp'd both him and the Plate, which being brought into the Court, it appear'd to be the Prosecutor's.

The Prosecutor further depos'd, That when the Prisoner was first apprehended, he said, he had Acquaintance with one Nash, who he believ'd broke open the House, the said Nash being very familiar with one who had been the Prosecutor's Maid, and upon this Information the Prosecutor took a Warrant out for Nash, and his Maid, but he did not indict them. However, it was the Opinion of the Jury, that the Prisoner did not break open the House in the Night-Time, as mention'd in the Indictment, they therefore only found him guilty to the Value of 4 s. 10 d.

[Transportation. See summary.]

John Ayres , was indicted for feloniously stealing 48 lb. and 90 Quires of printed Paper, intitled, The Historical Register, the Property of Richard Nutt , on the 21st of November last, in the Dwelling-House of Richard Nutt aforesaid ; and Thomas Hamnet was indicted for receiving the same, knowing it to be stolen .

The Prosecutor depos'd, That he being inform'd of the Prisoner John Ayres stealing his Paper, he charg'd him with it; that he confess'd the Fact, and said, he sold it to one Thomas Hamnet , a Cheesemonger in Black-fryars ; that he took 35 lb. weight at a Time, and sold it to the said Thomas Hamnet , for three Half-pence a Pound. The Prosecutor being ask'd several Questions, it appear'd by his Answers, that he only, had the the Property of the Books call'd, The Historical Register, that the Quires mention'd in the Indictment had been printed about four Years, and that he did not sell the Books in Quantities to any Person, the Booksellers seldom sending for above two or three at one Time, that it is a Book which still continues to be sold, and for which there is a reasonable Demand; and that the Paper stole out of his Warehouse by Ayres was entire Books, and not waste Paper, neither had he any Right to sell the said Paper as waste Paper, or any other Pretence whatsoever. Ayres's Confession was read in Court, sign'd with his own Hand before Sir William Billers , in which he own'd he sold the Paper to Hemnet for Three Half-pence a Pound, and besides this Confession, Mr. Betterson, Servant to Mr. Nutt, prov'd Ayres's going out of the House with the Paper, and getting off before he could take him, and further said, that he was present when the Paper was found at Thomas Hamnet 's House, and that then Hamnet confess'd he bought it for three Half-pence a Pound.

Ayres said in his Defence, That Hamnet persuaded him to sell this Paper; that he first carried waste Paper, call'd Copy, but he refus'd to buy that, but when he carried the Paper mention'd in the Indictment, he bought it, and encourag'd him to bring more; but Ayres being a Prisoner, and Indicted, what he said was no Evidence against Hamnet; and Hamnet bringing several Tradesmen into Court, who severally depos'd, That they bought Paper good and clean for three Half-pence a pound, and some saying, they had bought this very Historical Register in Quires for that Price, and others appearing for his Character, the Jury acquitted him, but found Ayres guilty to the Value of 39 s.

[Transportation. See summary.]

John Damms , alias Neal , of St. Mary White-Chappel , was indicted for the Murder of Stephen Nevel , by violently striking, and knocking down, the said Stephen Nevel , and thereby giving him several mortal Bruises on the Head, on the 24th of August last, of which he languish'd till the 27th, and then dy'd .

He was a second Time indicted, on the Coroner's Inquisition, for the felonious staying the said Stephen Nevel .

John Watts depos'd, That he saw the deceas'd, and the Prisoner, at a Brandy-Shop Door in White-Chappel ; that the Prisoner went into the Brandy-Shop, and the Deceas'd came after him, and strove to get his Hat off, at which the Prisoner struck him, and he fell, after which he never spoke, but seem'd in convulsive Fits, from that Time, which was Saturday Night, till the Tuesday Night following, and then dy'd.

William Holloway depos'd, That he likewise saw the Prisoner go into the Brandy-Shop, and the deceas'd following, would have pull'd off his Hat, when the Prisoner turning about, struck him on the Face, and he fell, and was not sensible after his Fall, but continu'd in a languishing Condition till the Tuesday follwing, and then died.

The Surgeon depos'd, That he saw the Wound on his Head, which was suppos'd to come by his Fall, and it was an Inch long to the Scull, which Wound he did believe to be the Occasion of his Death.

The poor Widow of the Deceas'd depos'd, That her Husband went out in the Morning well in Health, and was brought home at Night, after this unhappy Accident happen'd, from which Time he was never heard to speak, nor take any Sustenance, and that he continu'd in the Condition till the Tuesday Morning following, and then died.

The Prisoner said in his Defence, That he had no Malice at Heart against the Prisoner, nor did he design to hurt him; that the Deceas'd assaulted him, and pull'd off his Hat, and struck before he struck again, the Jury brought him in guilty of Manslaughter .

[Branding. See summary.]

Mary Kemp , of Aldersgate , was indicted for feloniously stealing a Silver Sugar Dish, a Silver Boat, and half a Dozen Spoons , the Property of James Quilter .

The Goods were produced in Court, and Elizabeth Raynor depos'd, That the Prisoner brought those Goods to Madam Watts, a Silver-Smith in Fleet-street, where she sold them.

The Goods being shew'd to Mrs. Quilter, she depos'd, That they were taken out of her House.

Jane Nutt depos'd, That the Prisoner was a Person who sold Sausages about the Streets, and came into her Mistress's Shop (she being a Servant to the Prosecutor) and begg'd some small Beer, she went down in the Cellar to draw her some, and left her alone, and that the Goods were missing soon after the Prisoner was gone out of the Shop; the Fact appearing plain the Jury found her guilty to the Value of 4 s. and 10 d.

[Transportation. See summary.]

Elizabeth Howard , of St. Bride's , was indicted for feloniously stealing 3 Yards of Ribband, and a Piece of Silk Lace , the Property of Thomas Worsley , on the 4th of November last, which being plainly proved upon her, the Jury found her guilty to the Value of 10 d.

[Transportation. See summary.]

Robert White , of Billingsgate , was indicted for feloniously stealing a Pound and half of Cocoa Nut , on the 12th of October last, the Property of Josiah Lambert ; but the Fact not appearing plain the Jury acquitted him.

Mary Weaks , was indicted for feloniously stealing two Pewter Porringers and two pewter Plates, the Property of Mary Cutler , and several other Goods, the Property of Persons unknown ; which being plainly proved upon her, the Jury found her guilty to the Value of 10 d.

[Transportation. See summary.]

Rachel Cow , of St. Bottolph's without Aldgate , was indicted for feloniously stealing two Bed Curtains, two Blankets, and other Goods , the Property of Thomas Howard ; which being very plainly proved upon her, the Jury found her guilty to the Value of 10 d.

[Transportation. See summary.]

Matth.ew Handsir , of St. Martin's in the Fields , was indicted for stealing a Linnen Handkerchief, value 12 d. from the Person of John Macknig , on the 27th of Nov . last.

The Prosecutor depos'd, That he saw the Prisoner and another suspicious Person together, that the Prisoner put his Hand in his Pocket, and he caught the Handkerchief in his Hand.

He said in his Defence that he was drunk and knew nothing of either the Handkerchief or the Prosecutor; but the Jury believing otherwise, found him guilty to the Value of Ten pence .

[Transportation. See summary.]

Elizabeth Richardson , of St. Dunstan's in the West , was indicted for feloniously stealing a Holland Shirt, the Property of Thomas Kinnerstone , and other Goods, in the dwelling House of John Shelton .

Ann Shelton depos'd, That she lost a Shirt of Mr. Kinnerstone's, out of her House, with another Shirt of Mr. Peter's, and a Sheet of her own, and she suspecting the Prisoner, charg'd her with taking them, which she confess'd, but not being able to make this appear, the Jury acquicted her.

John Griffin , of Newington , was indicted for feloniously stealing 5 Cocks, 6 Hens, with a Bed, Boulster, Pillow, Pillow-Case, a Quilt, two Pair of Blankets, and two Pair of Sheets , the Goods of Thomas Wheeler , on the 21st of November last.

One of the Cock's being produc'd in Court, which was found upon the Prisoner, and appear'd to be the Prosecutor's, the Jury found him Guilty to the Value of 10 d.

[Transportation. See summary.]

Thomas Meads , and Elizabeth his Wife , were indicted for feloniously stealing a Holland Gown, a Pair of Sheets, and other Goods , on the 21st of November last, the Property of Thomas Nichols .

The Prosecutor depos'd, That the Prisoners lodg'd in the same House with himself, and that he went out on the 21st of November last, and look'd his Door, leaving the Goods mentioned in the Indictment, in the Room, but when he return'd, the Door was broke open, and the Goods mentioned in the Indictment taken away. That he suspected the Prisoners, and charg'd them with the Fact, and afterwards found the Goods at one Mr. Wolley's, a Pawnbroker, who inform'd him, That he had them of the Prisoner, Thomas Meads , who said they were his Sister's, who was in great Distress, and had Occasion to borrow some Money on them.

The Man said in his Defence, (like his First-Father, after he fell into Sin) that his Wife gave them to him, and he did pawn them. The Wife said in her Defence, That she found them upon the Stairs, and gave them to her Husband; but their Excuses being of no Effect, without Proof, the Jury found Thomas Meads Guilty to the Value of 4 s. and 10 d. but the Wife being under the Power and Direction of her Husband, the Jury acquitted her.

[Transportation. See summary.]

Michael Conally , was indicted for breaking the dwelling House of Elias Freeman , on the 19th of October , in the Night Time, and taking thence a Silver Watch, the Property of the said Elias Freeman .

The Prosecutor depos'd, That on the 19th of October, about 11 or 12 at Night, he found his Doors open, and next Morning he miss'd his Watch, and the Prisoner having been his Servant , he suspected him, and caused him to be apprehended, that he then confess'd the Fact.

John Wadmore depos'd, That he was present when the Prisoner was apprehended, and heard him confess his taking the Watch, and he went with him to the Place he then work'd at, at Hamersmith, and pull'd it out from under the moulding Board, at the House of Mrs. Smith, saying at the same Time, Erra, dear Joy, don't betray me; the Jury found him Guilty of the Felony, to the Value of 39 Shillings , but acquitted him of the Burglary.

[Transportation. See summary.]

Elizabeth Lacey , was indicted for feloniously stealing an Ell of India Dimitty, four Napkins, two Hoods, and other Goods in the dwelling House of John Steward .

Alice Steward depos'd, That she lost an Ell of India Dimitty, three Ells of Holland, two Aprons, a Table-Cloth, four Napkins, and two musling Hoods. That the Prisoner had been her Servant, and after she was gone away, she missing the Goods, took a search Warrant, and found the Remnant of Dimitty in her Custody.

The Piece of India Dimitty was brought into Court, and the Prosecutor swore it was hers, and brought one Richard Wittacre , a Constable, who depos'd, He found the same Piece of Dimitty in Custody of the Prisoner; and other Witnesses depos'd, They saw the Dimitty, and some Holland, which the Prisoner had, after she came from the Prosecutor's Service, and she then told them, it was given her; but in Opposition to the Evidence given against the Prisoner, she produc'd several Witnesses of Reputation, who gave her an extraordinary Character, in particular, the Lady whom she now serves, who depos'd, That she had intrusted the Prisoner with Diamonds, and other Things, to the Value of 2000 l. and she never knew her to wrong her to the Value of a Farthing; and what turn'd more still to the Prisoner's Advantage, and quite clear'd her from the Imputation of the Crime she stood indicted for, was, a Gentleman in Court holding the Piece of India Dimitty in his Hand, which was found in the Prisoner's Custody as aforemention'd, and another Piece of Dimety which the Prosecutor brought to match it, and said, it was of the same Piece, perceived them not to be of the same Width, but differed near 2 Inches, for tho' the Piece which the Prosecutor brought was plain, and the other Piece found in Custody of the Prisoner work'd with Silk in Flowers, yet the Piece so work'd, which was found in Custody of the Prisoner, was the widest, and consequently not of the same Piece. The Jury acquitted her.

Thomas Vincint , Sen. of Hammersmith , was indicted for feloniously stealing 2 Cocks and 12 Hens , on the 27th of April last, the Goods of Nathaniel Windham , Esq ;

William Ellard depos'd, That he was drinking at the Prisoner's Son's House at the King's-Head at Hammersmith , when the Prisoner being in Company, intie'd him and his Brother out of the House, and then said, he would be the Death of them if they would not go with him to the Lady Windham's, D - n their Bodies he would kill them: upon which this Deponent said, the Prisoner, himself and his Brother, went to the Lady Windham's, where the Prisoner hoisted his Brother over the Wall, and his Brother flung over 3 Fowls, but the Prisoner not being satisfied with them, got upon the Wall, and taking up a Brick, said, D - n his Body he would kill him if he did not fling them all over; that his Brother then flung over about 10 or 11 more, and the Prisoner pulling off his Coat, wrapp'd them all up in it, and carried them to his Son's House, where he, this Deponent and his Brother, were at the eating of some of them.

Edward Ellard depos'd, that he was likewise drinking with his Brother and the Prisoner at his Son's House, and he persuaded them out of Doors, and then threatned to kill them if they would not go with him to the Lady Windham's, that they then went, and the Prisoner flung him over the Wall, which so hurt him that he could not speak for a Quarter of an Hour, that then recovering, said, What did you put me over for? To which the Prisoner answered, for Fowls, that he flung over three, and then the Prisoner said, D - n his Body, he would kill him if he did not fling over all, at the same Time standing upon the Wall and holding a Brick in his Hand, till he had flung over all the Fowls.

The Prisoner said in his Defence, that it was all false which they had accused him of and the Witnesses against him were a couple of Villains and he was a very honest industrieas Man, and had brought up a great Family without any Charge to the Parish.

Joseph Long depos'd, That he never knew any harm by the Prisoner, for he never did him any Wrong, but being ask'd if ever he heard any good of him, he said, Indeed he never heard a great deal of good of him, nor a great deal of harm; after this Chip in Pottage, Mr. Savoury depos'd, That he never did him any harm neither, nor did he ever hear any Thing of him very extraordinary.

William Webster , a Fisherman, likewise appeared for his good Character, but the most he could say for him was, That he never stole any of his Fish. Several others were called in his Behalf, and were indulg'd to say what they could for him, but when their Depositions were all put together, he appeared to be a Person of a disorderly Life and Conversation; and to make him appear in a true Light, a Magistrate of Hammersmith depos'd, That for these 8 Years last past, there has been 30 or 40 Complaints against him, that he keeps a Nursery to breed up lewd young Fellows to rob Hen-roosts, at which he has been a dextrous proficient; the Jury found him guilty to the Value of 4 s. and 10 d.

[Transportation. See summary.]

Richard Newman , of St. Mary le Bone , was indicted for feloniously stealing a Gold Ring set with Diamonds, value 14 l. and a Gold Ring set with Emeralds, the Property of John Rathbone , Doctor of Physick , on the 6th of November last, in the Dwelling-house of the said Dr. John Rathbone .

Dr. Rathbone depos'd, That on the 6th of November in the Morning he call'd his Man for Water to wash himself, and pull'd off his Rings, but the Man not bringing the Water immediately, he went out of his Room to give some Directions to his Gardener, leaving his Rings behind him, and when he came back, which was in 4 or 5 Minutes, his Rings were taken away from the Table on which he left them.

Ann Tretter depos'd, That she heard a Man in the Parlour, (she being in the Kitchen) and call'd to John Dickenson , her Master's Footman, to run up Stairs and see who it was, for she fear'd there was a Thief there, who would steal her Master's Sword, that whilst she was in these Fears, she heard somebody go out of the Parlour, and looking after him saw a Man run out, but she could not say the Man who run was the Prisoner at the Bar.

John Dickenson depos'd, That he going up Stairs and find-his Master's Rings were gone, ran in pursuit of the Person, who he heard had been in the Room, that he ask'd as he went, if any one pass'd by, and heard of the Prisoner being upon the run that he followed him, and he got over a Wall. that he pursued him to Tottenham-Court Road, crying, Stop Thief, till the Prisoner was apprehended.

Mr. Jones depos'd, That he heard the Prisoner confess he was at the Prosecutor's Parlour Door, but he did not confess the taking the Prosecutor's Rings, for which he stood indicted.

John Haws depos'd, That he hearing a cry of Stop Thief, and seeing the Prisoner run, pursued him, and presently the Prisoner turn'd back and talk'd with him, he having then a Plaisterer's Hammer in his Hand; that he this Deponent ask'd him what the Matter was, and why he ran away; To which he answered, They said he had stole two Rings, which he knew nothing of; this Deponent told him, if he was an honest Man he would surrender and clear himself; he said he was clear of what they charg'd him, and only went to the Door to enquire for one Mr. May, a Plaisterer; upon which Tale this Deponent left him to be pursued by the others who were behind.

He made this a Part of his Defence, and said, that he likewise was afraid of Bailiffs, and had Information from one of his Acquaintance that he was in danger of being arrested: Being ask'd why he told Mr. Haws, that they who were in pursuit of him said he had stole two Rings, he said he overheard his Pursuers say he had stolen two Rings.

Mary Benson depos'd, That she told the Prisoner that Morning to take care of himself, or he would be laid in a Goal for 16 Pounds which he owed to her Master, who was resolved to arrest him.

Several others appeared and gave him an extraordinary Character, and he being a Plaisterer, a great many who had been his Masters in that Business, said, he had behaved himself very honestly for several Years, and had acquitted himself in Noblemen's Houses with Reputation; the Jury acquitted him.

George Robinson , of St. Dunstan's Stepney , was indicted for feloniously stealing twenty nine Pounds Weight of Indigo, value 32 s. the Property of John Deacon . The Prosecutor depos'd, That the Prisoner was his weekly Servant , when the Goods were lost out of his Warehouse; but when, and how he took the Goods, he could not tell; neither did he miss any of his Indigo; but finding the Goods in the Hands of one Charles Stamper , who said he had them of the Prisoner, George Robinson , he caused him to be apprehended: He likewise said, The Prisoner confess'd to him, and another, that he took the Goods in a clandestine Manner; but this Confession not being clearly prov'd, and Charles Stamper , who gave this Information, not appearing in Court, the Jury acquitted him.

John Clark , of Acton , was indicted for feloniously stealing a Cock, and five Hens , on the First of November last, the Property of Ann Lock .

John Barnet depos'd, That the Cock and Hens were his Mistress's, and that they were taken from the Roost, on the 1st of November, and found upon the Prisoner the Day following.

John Whitehead depos'd, That he being a Watchman, and seeing the Prisoner with a Sack upon his Back, and something in it, thought fit to examine him, when he said, he had Fowls there, at which this Deponent told him, he wanted such a Chap as he was, and thereupon took him into Custody.

The Fowls were produc'd in Court, and Ann Lock Jun. depos'd, That they were her Mother's, which were taken away as aforementioned.

The Prisoner said in his Defence, That he had been at Uxbridge, and coming back, saw a Man with a Sack upon his Back, and upon his asking the Man what he had got there, he flung the Sack down, and ran away, that he took it up very innocently, and only for thus finding the Sack of Fowls, was taken into Custody; but as its much more common for Felons, to invent an Excuse, than to clear themselves by sufficient Evidence, these idle Tales are of little Effect, the Jury found him Guilty to the Value of 10 d.

[Transportation. See summary.]

Francis Mayson , of Billinsgate , was indicted for feloniously stealing 25 Pounds of Sugar, the Goods of Persons unknown, in the Warehouse of James Butling , and found Guilty to the Value of 10 d.

[Transportation. See summary.]

Paul Chamberlain , of St. Leonard's Shoreditch , was indicted for feloniously stealing a Bed-Ticking, a Flock-Boulster, two Blankets, and two Sheets , the Goods of Alexander Scot .

Ann Flock depos'd, That the Prisoner and another Person came and took Lodgings at the Prosecutor's House, where she lived, and after they had been there some Time, one of them went away, and then t'other, and when they came to look into the Room, the Goods were gone; and that afterwards they finding the Prisoner in broad St. Giles's, caused him to be apprehended; but they having no real Foundation for charging the Prisoner, the Jury acquitted him.

John Evans , alias Emans , of St. James's Clarkenwell , was indicted for feloniously stealing 20 Streaks of Iron, belonging to Coach-Wheels, and several other Pieces of Iron , the Property of Cornelius Spooner .

The Prosecutor depos'd, That he lost a considerable Quantity of Iron, that he suspected the Prisoner to have stolen it, and enquiring amongst those who buy old Iron, found some of his Streaks at the Corner of Peter's-Street, mark'd with the Letter R, with which he always mark'd his Iron, to distinguish it from other People's; some other Pieces he found at one Mr. Wilkinson's, who deals in that Commodity, and other Pieces at one Mr. Jones's, in Long-Lane, all of which the Prisoner confess'd he stole from him, when he was first taken into Custody.

Mr. Saunders depos'd, That the Prisoner confess'd to him, when he was in Bridewell, That he stole 20 Streaks of Iron from the Prosecutor, besides a Cradle Iron.

He said in his Defence, That they charg'd him very falsly, for he never wrong'd the Prosecutor but of two Streaks of Iron in his Life, the Jury found him Guilty to the Value of 4 s. and 10 d.

[Transportation. See summary.]

Paul Kerney , was indicted for a Misdemeanor, in forging, counterfeiting, and publishing a false Bill of Lading, subscribed Thomas Jackson , of the Ship call'd the Sea-Horse, purporting, That he had in the said Ship, 1050 Ounces of Gold, in Pieces of Eight; by which counterfeit Bill of Lading, he defrauded Joseph Hall of the Sum of 200 l. on the 16th of August last, by borrowing the said Sum of Money of him, on the Credit of the aforesaid forged counterfeit and false Bill of Lading .

After the Council for the Prosecutor had opened to the Court the Heinousness of the Crime, and the Methods the Prisoner had taken to abuse the Credulity and good Nature of Mr. Hall, pretending he was a Spanish Merchant, and had great Effects abroad, tho' in Reality he was no other than an idle Person.

Mr. Hall depos'd, That he hapned to lodge in the same House with the Prisoner, who ask'd him to lend him Money, which he said he would readily do, upon good Security; the Prisoner then shew'd him this Bill of Lading, and insinuated himself so far into his Affections, that he told him, if this Gold was insur'd, he would freely lend him the 200 l. he desired; upon which Kerney, tho' it was but a counterfeit Bill of Lading, had his pretended Effects, in the Sea-Horse, insur'd, and brought Mr. Hall the Policy, who immediately lent him the 200 Pounds, upon a promissary Note, and the Obligation of the Bill of Lading; but Kerney trifling in his Promises and Accounts, which he gave Mr. Hall, occasion'd him to look narrowly into the Affair, when he found it all a Cheat and Delusion, and charging Kerney with it, he left his Lodgings the same Night, and absconded; but Mr. Hall being industrious in his Inquiries after him, heard he was gone to Tunbridge, to take his Pleasure, and going their in Pursuit of him, found him at the Beggars Opera.

The sham Bill of Lading was read in Court, dated from Calis, and sign'd Thomas Jackson Commander , with promise to deliver Paul Kerney , as his own proper Right, 1050 Ounces of Gold, so soon as the Ship Sea-Horse, then mooring at Calis, should arrive in the Port of London, he paying the Freight.

Several Gentlemen, who were acquainted with Captain Thomas Jackson 's Hand-Writing, depos'd, That this pretended Bill of Lading, was not of his drawing up, it not having any Resemblance with his Writing. It further appear'd to the Disgrace of the Prisoner, That not contented with imposing on Mr. Hall, in deluding him out of 200 l. but he had the Assurance to ask for a hundred Pounds more, which Mr. Hall lent him, tho' this hundred Pounds was not mentioned in the Indictment. He told a tedious Tale in his Defence, but to very little Effect; for he could neither alledge one Truth in his Vindication, nor shew a single Circumstance which might serve to mitigate his Crime, the Jury found him Guilty of the Indictment.

[Pillory. See summary.]

[Fine. See summary.]

Francis Barrow , was indicted for stealing a Watch, in the Dwelling-house of Charles Thompson , and found guilty to the Value of 39 s.

[Transportation. See summary.]

Catherine Scriven , was indicted for stealing a Pewter Chamber-pot and a pewter Bason , the Goods of Joseph Cowthorn , and found guilty to the Value of 10 d.

[Whipping. See summary.]

John Stevens , was indicted for stealing 200 lb. weight of Iron , the Goods of Benjamin Lester , and found guilty to the Value of 4 s. and 10 d.

[Transportation. See summary.]

William Cryer , was indicted for returning from Transportation before the Term of 7 Years was expired, according to his Sentence ; but no Evidence appearing he was acquitted .

Mary Farmer , was indicted for assaulting Mary Marks on the Highway, and taking from her one Guinea and 24 s. in Silver ; but the Fact not appearing plain she was acquitted .

James Warren , was indicted for assaulting George Gutridge on the Highway, and taking from him a Peruke, value 10 s. but the Fact not appearing plain the Jury acquitted him.

Thomas Jones , was indicted for stealing a Cap and Clout a Shirt and a Shift , the Goods of James Morphew , and found guilty to the Value of 10 d.

[Transportation. See summary.]

Susanna Johnson , was indicted for stealing a pair of Sheets, a Blanket, and other Goods . the Property of Thomas Getheril , and found guilty to the Value of 10 d.

[Transportation. See summary.]

William Hales , of St Dunstan's in the West , was indicted for a Misdemeanor, in Counterfeiting and Forging, a certain Writing, with intent to defraud Thomas Gibson , Esq ; and other his Majesty's Subjects, on the 7th of September last, which Note he knowing to be false and Counterfeit, did publish as a true Note, on the said 7th of September last .

The Copy of the Note was as followeth: Aug. 27, 1728.

I promise to pay to George Watson , Esq; or Order, the Sum of Six Thousand four hundred Pounds upon Demand, the like Value received; for myself and Partners.

Thomas Gibson .

After the Council for the King had opened to the Court the heinousness of the Crime, and the Reasons they had to believe by their Instructions, that William Hales was guilty of Counterfeiting, Forging, and Publishing the abovementioned Writing, they proceeded to examine the following Witnesses.

Mr. Philip Booth depos'd, That he had known Mr. Hales for some Time, and that about a Year and a Half ago he came to him (he being a Servant to Mr. Gibson, who is a Member of Parliament) and desired he would get him two Letters Frank'd, for the Gentleman who us'd to Frank his Letters was gone into the Country; he then gave this Deponent two Sheets of large Paper, folded up in a large Size for Letters, and desired they might be directed to Robert Booth , Esq; at Bristol, which was accordingly done by Mr Gibson, who, as his Manner was, wrote the Directions himself, and under the Directions he wrote

Free

Tho Gibson .

The Counterfeit Note of 6400 l. Sign'd Tho Gibson , being shew'd to this Deponent, it was his Opinion that the Contrivance was manag'd by the help of one of those Letters Mr. Gibson Frank'd for Mr. Hales; he likewise discovered that the Word for, where it was in the Note for myself and Partners. was partly eras'd, and that between the f and r an o was crowded in, and the two ee's being rubb'd out, the Word Free as it was wrote by Mr. Gibson, was made for, to which w as immediately added, myself and Partners, he likewise observ'd (and it was observ'd by the Gentlemen of the Jury) that the Letter o, crowded between the F and r, and the Words myself and Partners, were of different Ink from the Name Thomas Gibson ; and tho' it faintly imitated Mr. Gibson's Hand, and was different from the Body of the Note, yet he who was well acquainted with Mr. Gibson's Hand, could plainly discover it to be a Counterfeit, and only the ff, which was Mr. Gibson's Way of writing when he wrote Free, and the Name Tho Gibson , was Mr. Gibson's own writing, he further took Notice, that the Stile and Manner of this Note differ'd not a little from the Manner of Mr. Gibson's writing a Promissory Note, for as in this it was myself and Partners, Mr. Gibson always writes, for myself and Co. for Company, and Mr. Gibson never uses the Phrase for Value received, as it was wrote in this counterfeit Writing: Other Remarks were made, that over the m for my, there appeared the Bottom of the two ee's, which made but a bungling Figure in the Counterfeit Note, tho' it was not observ'd by the Gentleman who gave his Notes in exchange for it at the Time of his receiving it, the Piece of Paper on which this Note was drawn, appeared to have been cut or torn to serve the Design, and it seem'd ridiculous, to think Mr. Gibson should draw a Note of such Consequence upon such a diminutive scrap of Paper; besides, the Note seemed to have been folded as a Letter.

Robert Booth , Esq; of Bristol, depos'd, That he never received a Letter either Frank'd or otherwise, from Mr. Hales, and that there was no other Person in Bristol but himself, who went by the Name and Title of Robert Booth , Esq;

Thomas Romsey depos'd, That he had been acquainted with Mr. Hales for above a Year, but in particular, from last June to the 7th of last September, when being at the House of Mr. Hales in Duke-street, Westminster, and having on a light Coat, with a red Waistcoat and Breeches, and a broad open laced Hat, Mr. Hales bade him put himself in a different Dress, naming a Suit of plain Cloth, which this Deponent had by him, and because he had never a Hat but what was edg'd with Silver, Mr. Hales bade him put on a plain Hat of his, and when he had thus dress'd himself, Mr. Hales ask'd him to go with him into the City, and by the Way brought him a Pocket-Book, or Case for Notes, but before he proceeded further, to make him look still more like a Man of Business, Mr. Hales went with him to Middle-Row in Holborn, and bought him a dark Wig, which he gave him to put on, and bade him put his light Wig in his Pocket; this done, they went together to John's Coffee-House in Sheer-Lane, where they had not been long before a Porter came, to whom Mr. Hales address'd himself, and ask'd if he did not want Mr. Romsey, the Porter said, Yes, and delivering a Letter, Mr. Hales gave it to Mr. Romsey, this Deponent, and bade him open it, which he did, and found this counterfeit Note (for it being shew'd to Mr. Romsey, appeared to be the very same) in los'd therein, and in the Body of the Letter was only wrote, to the Lady Harriot Elliot 4300 l. and to Sir John Hind Cotton 2100 l. under which, Mr. Hales bade him write, to James Moreton , Esq; or Bearer 70 l. which he did, and then Mr. Hales gave him three Bank Notes, one of 40 l. and two of 25 l. each, which, with the Counterfeit Note of 6400 l. he put into the New Pocket-Case, with the Names aforementioned tore out of the Letter, and bade him go to Mr. Snow's, the Banker (whose House he shew'd him, and kept in View) and desire they would change those Notes for Notes of their own, and make them payable to the Persons to whom the other Paper directed, in such Sums as their mentioned: With these Notes and Directions he went to Mr. Snow's Shop, and first shew'd the Bank Notes, which Mr. Poultock readily chang'd as desired; after which, he pull'd out the 6400 l. Note, and desired Mr. Poultock to exchange that, but he refus'd it, saying, It was not all Mr. Gibson's Hand-Writing, and he would not meddle with it.

He then went again to Mr. Hales who stood at some Distance, and told him of the Success he had met with; and Mr. Hales went with him again to John's Coffee-House, in Sheer-Lane, where Mr. Hales ordered him to write on a Piece of Paper, to Sir Richard Grovesnor , 4300 l. and to Sir John Hind Cotton, 2100 l. from whence Mr. Hales went to shew him Mr. Hoare's Shop, telling him, if he could he should get the Notes of Mr. Hoare and Comp. payable to Sir Richard Grovesnor and Sir John Hind Cotton. He likewise gave him another Note, of about seventy Pounds, to exchange there, and ordered him, if they should ask his Name, to say it was Fowler; at this Place he got the Notes chang'd, for the Notes of Hoare and Comp. Mr. Hales waiting at a Fruit-Stall, hard by; they took Coach, and went directly to the Change, and from thence to Janeway's Coffee-House, where Mr. Hales bade him write 1100 l. and 1200 l. payable to Samuel Palmer , Esq; or Bearer, and sent him to Mr. Woodward's, to change the Notes, he had before taken at Mr. Hoare's, for Notes of Mr. Woodward's, to be paid to Samuel Palmer , Esq; with Directions as before, to call himself Thomas Fowler; and if ask'd after Mr. Palmer, to say, he lived in Mansfields-Street, Goodmans-Fields; but Mr. Woodward's Door being shut up, Mr. Hales sent him to Mr. Bracey's, where he got the Notes payable to Mr. Palmer, and in Lien, gave the other Notes he had before received at Mr. Hoare's.

This being Saturday Night late, they went together to Mr. Hales's, where Mr. Romsey lay, and Mr. Hales bid him be ready on Monday Morning, in the same Dress, which he accordingly was, and went with Mr. Hales again to Jansway's Coffee-House, when Mr. Hales sent him to Mr. Alderman Hankey's and exchang'd Notes there, and from thence to Mr. Halsey's, to turn these several Notes into South-Sea and India-Bonds, which were afterwards converted into Bank Notes, when the Produce of the 6400 l. had been wound about into several Intricacies.

Mr. Hales had all this while an other Emissary at Work, getting off some of the Bank Notes, who had better Success than Mr. Romsey; for he going to the Bank, with two Notes of 200 l. each, was stopp'd, the Affair being found out by Mr. Gibson's Cashier, to be a vile Imposition, and trac'd to the several Places where the Affair had been transacted; that when Romsey came to the Bank, he was taken into Custody, and Mr. Hales, who waited for him at Robi's Coffee-House, in the Old-Jury, was taken soon after.

Mr. Poultock, Mr. Richard Hoar , Mr. Turner, Mr. Hankey, Mr. Cole, Servant to Mr. Halsey, and Mr. George Lee , all confirm'd Romsey's Evidence, of his exchanging Notes with them, as he had depos'd; and Robert Hall depos'd, That he being Mr. Hale's Taylor, by the Order and Direction of Mr. Hales, had taken Notes and Money for him at Mr. Bracey's, on the Monday Morning, and from thence he went to the Bank, and receiv'd Money for the Bank Notes he receiv'd of Mr. Bracey; and that Mr. Hales gave him Orders, if any one should ask his Name, to say it was John Roberts , and that he lived in the Hay-Market, or any other Place he could remember.

Mr. Maddox depos'd, he had Instructions to stop any Person who should bring Notes to the Bank, of such a Number, which Notes were stopp'd upon Romsey, who sent a Letter to Mr. Hales, at Robin's Coffee-House, where they found Mr. Hales, and brought him to the Bank; that he confess'd the 6400 l. Note came from him, and what with the Money and Notes found upon Romsey, and the Money and Notes found upon Mr. Hales, there was the whole Sum of 6400 l. the Note he said he had of one Samuel Palmer , and likewise confess'd this before Mr. Alderman Bellamy, and others.

The Council for the Prisoner did not insist upon its not being a counterfeit Note, only said, as the Prisoner had been a Bankrupt those last twenty Years, and not able to obtain his Certificate, he was obliged to transact his Affairs under fictitious Names, and the Names of other People, for the Security of his Effects; and that they should endeavour to prove, He had dealt very largely, in particular with one Samuel Palmer , of whom he had the 6400 l. Note, sign'd Thomas Gibson .

Mr. Granper depos'd, That he knew one Samuel Palmer , who had been employ'd by the East-India Company, and sent abroad by them, and came back again, but he could not tell where he was now nor that he ever had any Dealings with Mr. Hales. He likewise call'd another Witness to his Character, but neither of these Witnesses speaking to the Purpose, for which they were call'd, and the Fact appearing very plain, the Jury found him Guilty .

He was a second Time indicted, for procuring and obtaining the Notes of Benjamin Hoare , and Henry Hoare , by false Tokens, to the great Damage of the said Benjamin and Henry Hoare , and the same Witnesses being call'd, as were examined before, the Fact appear'd plain, and the Jury found him Guilty , but his Judgement is respited till next Sessions, when he will be tried upon other Indictments.

Judith Holloway , of Broad-Street , was indicted for privately stealing a silver Snuff-Box, value 12 Shillings, from the Person of Elizabeth Staples , on the 6th of November last, the Property of William Staples .

Mrs. Elizabeth Staples depos'd, That on the 6th of November, as she was coming out of St. Helen's Meeting-House , the Prisoner press'd very hard against her; that she immediately put her Hand in her Pocket, and found the Prisoner's Hand there; that her Snuff-Box was then gone out of her Pocket, tho' she was certain it was there but just before.

Elizabeth Staples , Jun. Sister-in-Law to the Prosecutor, depos'd, That the Prisoner press'd very hard against her Sister, and self; that when her Sister miss'd the Snuff-Box, she said, That is the Woman who did it, (meaning the Prisoner,) and that the Prisoner said, it was not her, but a Man behind.

Ann Staples depos'd, That she was behind her Sister when she said, That is the Woman; and that very Instant, she saw the Prisoner fling down something, and she stooping down, found it to be her Sister's Snuff-Box.

Mr. Witeman depos'd, That he heard Madam Staples say, her Pocket was pick'd, and that Moment he saw the Prisoner drop a silver Snuff-Box, which being produc'd in Court, it appear'd to be the same which the Prisoner dropp'd, and the same which was taken out of Mr. Elizabeth Staples 's Pocket.

She appear'd to be a Person of very ill Fame, tho' three or four appear'd to her Character; yet they gave such a trifling Relation of her Way of Living, as was of no Service to her. The Jury brought her in Guilty . Death .

Ann Bark , John Lefever and Sarah Bricklow

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

Receiv'd Sentence of Death 1.

Judith Holloway .

Burnt in the Hand 6.

Ann Bark , John Lefever and Sarah Bricklow , (formerly convicted of several Felonies,) Thomas Dams and Captain Otway, both for Manslaughter, and Charles Chedrue for a Felony.

Paul Kerney , for a Misdemeanor, to stand on the Pillory, at the Royal-Exchange-Gate, and to lay in Goal, till he has paid a Fine of 50 l.

Transportation 43.

Margaret Wilkinson , George Gray , Benjamin Kennet , John Fisher , William Holmes , Paul Hubbard , James Gowen , Sarah Tavernor , William Ives , John Francis , William Butsel , John Dart John Pedder , Jane Watson , James Emmery , William Rambet , Edward Williams , Thomas Powel , Mary Walker , Mary Allen , Samuel Gray , John Holland , Sarah Hoskins , Elizabeth Hammond , Joseph Clutterbuck , William Matthews , John Butterfield , John Ayres , Margaret Kemp , Elizabeth Howard , Mary Weaks , Rachael Cow , Matthew Handsir , John Griffin , Thomas Meads , Michael Conally , Thomas Vincint , John Clark , John Evans , Francis Mayson , Francis Barrow , John Stephens , Thomas Jones .

Katharine Scriven and Susan Johnson , to be whipp'd.

ADVERTISEMENTS.

Just Publish'd,

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