Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 November 2014), April 1729 (17290416).

Old Bailey Proceedings, 16th April 1729.

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 Bailey, for the CITY of LONDON and COUNTY of MIDDLESEX.

On Wednesday, Thursday, Friday, and Saturday, being the 16th, 17th, 18th, and 19th, and Monday and Thursday, being the 21st and 24th of April, 1729, in the Second Year of His MAJESTY's Reign.

(Price Six Pence.)

BEFORE the Right Honourable Sir ROBERT BAYLIS , Kt. Lord Mayor of the City of London; the Right Honourable Sir Robert Raymond , Lord Chief Justice of the King's-Bench, the Honourable Mr. Baron Hale ; the Worshipful Mr. Justice Denton; and Mr. Serjeant Raby, Deputy Recorder; with others His Majesty's Justices of Goal-Delivery, and Oyer and Terminer; Together with several of His Majesty's Justices of the Peace for the City of London, and County of Middlesex.

London Jury.

John Garret ,

Thomas Bodwell ,

Robert C ,

Matthew Boheme ,

Christopher Atwood ,

Francis Levet ,

John Briscoe ,

William Seagrave ,

James Fowler ,

John Cooper ,

Joseph Hare ,

Ebenezer Brathwait ,

Middlesex Jury.

Benjamin Goodwin ,

Samuel Low ,

Thomas Rex ,

James Shelton ,

Thomas Green ,

Theophilus Lightfoot ,

William Collier ,

Nathaniel Lee ,

Samuel Phipps ,

John Pain ,

Edward Witcher ,

Thomas Akers .

Ann Dent , of St. Katherine's Creed-Church , was indicted for feloniously stealing 9 Yards of Diaper, value 7 s. in the Shop of William Harrison , the 9th Day of March last; which Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d .

[Transportation. See summary.]

George Freeman , of St. Ann's Black-Fryers , was indicted for stealing a Linen Sheet, and other Goods , of Abraham Fletcher , the 13th of March last; but the Evidence not being sufficient to convict the Prisoner, he was acquitted .

John Briton , of St. Giles's without Cripplegate , was indicted for feloniously stealing 3 Ounces of Silver Plate Wire, value 20 s. the Goods of Mary Panton , the 6th of April . It appear'd that the Prisoner was an Apprentice to the Prosecutor, who was a Silver-Spinner , and that he stole the Goods; this Fact being plainly prov'd, the Jury found him guilty of Felony.

[Transportation. See summary.]

Hester Batt , of St. Alban's Woodstreet , was indicted for feloniously stealing a quarter of a Hundred Leaden Weight , the Goods of Benjamin Web , the 6th of March last; the Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d .

[Transportation. See summary.]

Charles Prosser , of Allhallow's London-Wall , was indicted of Burglary, for breaking and entring the Dwelling-House of Lucy Waring , in the Night-time, with an Intent to steal , on the 9th of April last.

Richard Whiston depos'd, His Mistress was a Baker, and he being at Work in the Cellar, at about half an Hour past One of the Clock in the Morning, he heard somebody jump off from the Counter, down on the Shop-Floor; whereupon he ran up, found the Prisoner, seiz'd him, and call'd for Assistance, which coming, the Prisoner was secur'd, and he found that the Shutters of the Shop had been broken open, a very large and strong Shoemaker's Awl was found upon the Prisoner, and Penknife; and the Prisoner feign'd himself drunk.

Ann Wicks depos'd, That she shut up the Shop, and fasten'd the Shutters the Night before. The Constable depos'd, That he hearing an Out-cry, went to the Prosecutor's, found the Prisoner lying on the Ground, and Whiston standing over him; that he pretended to be drunk; that he saw the Shutters of the Shop-Window broke, by which the Prisoner was suppos'd to get in; that he had a very large Awl, and a Penknife, which he pull'd out of his Pocket as he was carrying him to the Watch-House.

Thomas Davis , a Watchman, depos'd, That he had seen the Prisoner lie upon a Bench at the next Door about One a-Clock, which was about half an Hour before he was seiz'd in the Shop. The Prisoner pretended to be drunk, and that he knew not how he got in. The Fact being plainly prov'd, the Jury found him guilty of the Indictment. Death .

Thomas Samson , William Mars , and Bovington, alias Joseph Darvel , of St. Andrew Undershaft , were Indicted for feloniously stealing 3 Pair of Cotton Sleeves, value 6 s the Goods of George Mason , the 3d of March last: The Fact being plainly prov'd, the Jury found them all guilty to the Value of 10 d .

[Transportation. See summary.]

Mary Skinner , of St. Botolph's Billingsgate , for feloniously stealing 30 lb. of Spanish Wool , the Goods of Persons unknown, the 22d of March last; but the Evidence not being sufficient to convict her she was acquitted .

Mary Cowel , of St. Bartholomew the Less , was indicted for stealing Goods in the Shop of John Walton , the 16th of this Instant April ; the Prisoner being apprehended with the Goods upon her presently after going out of the Shop, the Fact was plainly prov'd, and the Jury found her guilty to the Value of 10 d .

[Transportation. See summary.]

Thomas Featherstone , and Benjamin Wright , of the Parish of St. Bride's , were indicted for stealing a tame Deer, Value 3 l. the Goods of William Wright , the 11th of April . The Prosecutor deposd, He living at Hornchurch, in Essex , lost his Deer, and found Blood in his Ground the next Morning, by which he imagin d it to be kill'd, and sent Notice to the Persons in London who bought such Meat, he had Intelligence it was brought to sell into Fleetstreet by the Prisoners; but the Indictment being laid for Deer, which tho' it was so when alive in Essex, yet it was not a Deer, but Venison, when in London, they were acquitted to be indicted for it in Essex .

Samuel Savage , of Allhallow's Barkin , was indicted for breaking the House of Abraham Ambrose , in the Night-time, and stealing 16 Pewter Plates, value 10 s. the 3d of March last. John Trimlet depos'd, That the House being in the Possession of his Master, Mr. Ambrose, was under his Care to look after it, as he did several Houses, lying sometimes in one, and somes in another; that coming to the House aforesaid on the 3d of March, at Night, he found the Window-Shutter below Stairs broken open, and the Plates taken off the Shelf, and set one upon another on the Dresser, and going up Stairs, found the Prisoner hid under the Bed, without his Shoes. The Prisoner in his Defence said, he had before lodg'd in the House, and knew not that his Landlord was gone away, and being in Liquor, and seeing the Window open, he got in to lodge, but had no Intent to steal: His Landlady confirm'd it, that he had about a Month before lodg'd there, and did believe, knew not that she was gone out of the House. Several Persons appear'd, who gave him the Character of an honest Man. The Jury acquitted him.

Edward Parker , and Mary Hull , of Chiswick , was indicted for feloniously stealing several Books, a Pewter Standish, and Tinder-Box , the Property of Henry Barker , Esq; the 21st of March last. It appear'd by the Evidence, that the Goods were stolen out of the Summer-House of the Prosecutor, and that the Prisoners came to sell a Book call'd Wood's Instructor, &c. The Prisoner, Mary Hull , pleaded she bought them in Rag-Fair, produc'd Evidence to prove it, and call'd several Persons who gave her the Character of an honest Woman; and as to Edward Barker , it did not appear that he had any Concern in the Affair, but being an Acquaintance with Mary Hull when she offer'd the Book to Sale; whereupon the Jury acquitted them.

William Cowsel , of St. Clement's Danes , was indicted for stealing 6 Bottles of Wine, 6 Bottles of Cyder, &c. the Goods of Mr. John Dyke . The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

Sarah Rummet and Elizabeth Tanner , alias Durant , of St. Anns Westminster . were indicted for stealing 6 Yards of Sattin, value 11 l. and 30 Yards of Brussels Lace, value 36 l. in the Dwelling-House of Mrs . Mary Ridley , the 1st of March last. It appear'd by the Evidence, that the Prisoner, Sarah Rummet, was Servant in the Prosecutor's House, and that she having taken an Opportunity to go out two Mornings sooner than usual, was suspected; but there not being Evidence to prove that the Prisoners, either of them, took the Goods, the Jury acquitted them.

John Owen and John Tapper , of St. George Hannover-Square , were indicted for feloniously stealing a Weather Sheep, value 22 s. the Property of Richard Stephenson , the 22d of March last. The Prosecutor depos'd, He lost one of his Sheep out of a Ground where it was feeding. Thomas Ashley depos'd, That the Prisoner, Tapper, lodg'd in his House, and being inform'd that a Sheep was brought in privately in the Night, he gave Notice of it to the Constable, who came and searching the Room, found the Pluck hanging up, the Carcass of the Sheep on the Bed, cover'd with the Bed-cloaths, and the Entrails in the Skin lying wrapp'd up in one of the Bed-Curtains. The Prosecutor swore it to be his Sheep by the Mark. The Fact being plainly prov'd, they were found guilty to the Value of 4 s. 10 d .

[Transportation. See summary.]

Mary Harwood , of St. Ann's Westminster , was indicted for feloniously stealing 8 Yards of Lindsey-Woolsey, value 10 s. the Goods of Katherine Gondevin , the 10th of March last. The Fact being plainly prov'd, she was found guilty to the Value of 10 d .

[Transportation. See summary.]

John Hammerson and William Godwin , of St. Ann's Westminster , were indicted for feloniously stealing 97 Pieces of Walnut-tree Wood , the Goods of William Ball , the 2d of this Instant April . It appear'd that the Prisoner. Hammerson, offer'd the Goods to Sale, and that Godwin had been Journeyman to William Ball , who lost the Goods, and found them where they were carried to be sold, and swore them to be his Goods. Hammerson pleaded he knew nothing of their being stolen, and was only employ'd by William Godwin to got him a Chapman for them, he telling him, he had them instead of Money for Work done; but this did not avail, the Jury found them both guilty, each to the Value of 10 d .

[Transportation. See summary.]

William Field , of St. Mary Whitechappel , was indicted for stealing 3 Jackets in the Shop of Richard Possonby , the 26th of March last. It appear'd by the Evidence, that the Prisoner came to the Prosecutor's Shop under Pretence to buy a Pair of Breeches, and took an Opportunity to run away with the Goods; but being discover d, was presently pusued, and taken with the Goods upon him. The Prisoner having nothing but what was trifling to say in his Defence, and the Fact being plainly prov'd, the Jury found him guilty to the Value of 4 s. 10 d .

[Transportation. See summary.]

Samuel Salmon , of St. Martin's in the Fields , was indicted for stealing 43 Washballs , the Goods of William Barnard , the 29th of March last. It appear'd by the Evidence, that the Prisoner came to the Prosecutor's Shop about Ten a-Clock at Night, and being seen by some Neighbours to run away with the Goods, was pursued, and stopp'd, the Goods being dropp'd down by him. The Fact was plainly prov'd, and the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

John Tims , of St. Mary le Bow , was indicted for feloniously stealing a Pair of Boots and Spurs , the Property of Nicholas Cox , the 29th of March last. The Prosecutor depos'd, He lost the Boots, &c. and the Prisoner own'd his having offer'd them to Sale; but pleaded he found them in an empty House among some Rubbish; but this did not avail, the Jury found him guilty to the Value of 10 d .

[Whipping. See summary.]

Thomas Baker , of St. Mary Hill , was indicted for feloniously taking 250 lb. of Sugar , the Goods of Persons unknown, the 9th of March last; but it coming out in the Course of the Evidence that it was the Goods of Thomas Beckford, he was acquitted of this Indictment, and indicted for stealing the Goods of Thomas Beckford , in the Warehouse of William Packer . It appear'd by the Evidence, that the Sugar was lost out of a Hogshead in Mr. Beckford's Warehouse, which had been broken open.

John Pemberton depos'd, That he being employ'd as a Watchman, saw the Prisoner between 11 and 12 a-Clock at Night with a Bag under his Arm; he ask'd him what it was? he answer'd, What was that to him; whereupon he seiz'd him, to carry him to the Watch-House, and by the Way the Prisoner gave him the Bag of Sugar he had under his Arm, and 17 d. halfpenny, to let him go, and did get away from him, but calling out Stop Thief, he was stopp'd and secur'd.

It was likewise depos'd, That a Coach standing over-against the Monument at the Time of the Prisoner's running away, the Coachman call'd out, saying, He believ'd he had got Thieves in his Coach; and thereupon the Coach being search'd, they found therein 3 large Bags of Sugar.

The Constable depos'd, That he examining the Prisoner, and encouraging him with his being made an Evidence, he confess'd the Fact, that he had it at Mr. Beckford's Warehouse, and that others were concern'd with him, and that they had but a few Days before sold about 250 lb. to one in Bird-Cage-Alley in Southwark; that they search'd there, and found such a Quantity of Sugar that answer'd to the Sample; however, the Prisoner denied the Fact at the Bar. The Jury found him guilty to the Value of 4 s. 10 d .

[Transportation. See summary.]

Jacob Stock , of St. Botolph's Billingsgate , was indicted for stealing a Barrel of Anchovies , the Goods of Peter and Edward Forster , the 29th of March last. The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

Allen Sawyer , of St. Botolph's Billingsgate , was indicted for feloniously stealing 20 lb lb. of Tobacco , the Goods of Persons unknown. There being no positive Proof that he stole the Goods, and several Persons appearing in Court, who gave him an honest Character, he was acquitted .

Francis Lambert , of the Parish of St. Brides , was indicted for feloniously stealing a Silver Tankard, value 11 l. in the Dwelling-House of Samuel Alpress , the 18th of March last.

Mrs. Alpress depos'd, That the Prisoner came to her House about 6 or 7 a-Clock at Night, and sat drinking with Company till late, and that some of them having a Mind to play a Game at Cards, there happen'd to be a Dispute about rubbing out a Chalk, whereupon they resolv'd to fight together, and all the Company went up Stairs to fight, or to see the Battle, except the Prisoner, who staid below Stairs with the Tankard; that before they went up they lock'd the outward Doors, that nobody would either go out, or come in; that when the Fight was over, they came down Stairs, and there being a Dispute about the Prisoner's paying his Share of the Reckoning, and it being about 1 or 2 of the Clock, she chose rather to lose the Prisoner's Part than have any farther Disturbance, wherefore she let him and his Friend out of Doors; that his Friend never went into the Room where the Tankard was left, but put on his Cloaths in the Entry, and went out; that after the Prisoner and his Acquaintance were gone, the rest of the Company, which were 3, call'd for a Tankard of Drink, but no Tankard could be found; this Evidence was confirm'd by the 3 Persons who thus staid to drink: But for want of Evidence that he did take the Tankard, he was acquitted .

Elizabeth Crick , of St. Martin's in the Fields , was indicted for stealing a silver Spoon , the Goods of William Martin , the 19th of February last. I did appear by the Evidence that the Prisoner had pawn'd the Spoon, which she did not deny, but said it was lent her by the Prosecutor's Husband, (since deceas'd) and that Mrs. Martin had taken her up for it while her Husband was alive, and not with his Approbation: This seem'd to be well confirm'd, whereupon the Jury acquitted her.

John Hawkins , of St. Martin's in the Fields , was indicted for stealing a wooden Box, value 1 d. and 4 s. in Money, in the Shop of Henry Price , the 17th of March last. It appear'd by the Evidence that the Prisoner and another came into the Shop for a Pennyworth of Sugar-Candy, and throwing his Money so that it fell down behind the Counter, while the Prosecutor's Servant was stooping to take it up, the Prisoner catch'd up the Money-Box, the Servant hearing it rattle, presently made after the Prisoner, but he running round a Hogshead, dropp'd the Box and got out, but was presently pursued and taken. The Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

Margaret Raven and Mary Tanner , of St Martin's in the Fields , were indicted for stealing a Hammer, Pincers, Rasp, Old Shoes, &c of Robert Bent , the 8th of March last. The Prosecutor being a Cobler , depos'd, the Things were taken out of his Stall, and found pawn'd by the Prisoner for half a Pint of Geneva. The Jury found each of them guilty to the Value of 10 d .

[Transportation. See summary.]

Samuel Jones , of St. Martin's in the Fields , was indicted for stealing Linnen , the Goods of James Whitehead . It appear'd-by the Evidence, that while the Prosecutor was gone out, the Prisoner took the Goods out of his Room; but being seen to carry them out, by a Neighbour, was pursued and taken with the Goods upon him. The Fact being plainly prov'd, the Jury found him guilty to the Value of 4 s. 10 d .

[Transportation. See summary.]

Josiah Brooks , of St. Clement's Danes , was indicted for stealing 34 lb. of Beef , the 3d of April last, the Goods of Hugh Gilbert , who depos'd, That the Beef was hanging at his Stall in Leadenhall-Market ; that it being missing, he was inform'd a Person was seen to carry such a Piece to the Hole in the Wall, an Alehouse; where he went, and found both Beef and Prisoner, who pretended he had bought it of some Persons he met in Wapping; but this not being prov'd, nor believ'd by the Jury, and the Butcher being positive it was his Beef, the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

John Burgess , of St. Mary Whitechappel , was indicted for stealing 81 lb. of Linnen Rags , the Goods of Robert Parker ; but it not being prov'd that the Goods were Mr. Parker's, nor that the Prisoner did steal them, the Jury acquitted him.

Christopher Williams , of St. Giles's in the Fields , was indicted for stealing divers wearing Apparel , the Goods of Sarah Aram , the 18th of February : But it appearing that the Prisoner and the Prosecutor had liv'd as Man and Wife, but had fallen out, and parted, and he return'd Part of the Goods; thereupon the Jury acquitted him.

GERARD Vandike , of St. George Hanover-Square , was indicted for assaulting on or near the Highway, Randal Goslin , and taking from him 6 s. the Money of William Pen , the 18th of March last.

The Prosecutor depos'd, That having been to carry a Parcel of Pipes for his Master, he had receiv'd 30 s. and that coming along Chelsea Fields , the Prisoner struck the Basket off from his Head; he asking what that was for? the Prisoner fell a fighting with him, and he being thrown down, his Money fell out of his Pocket, and some of it lying on the Lappet of his Waistcoat, the Prisoner snatch'd it up: As to the Money falling out of his Pocket, and the Prisoner taking some of it up was confirm'd by another Evidence; and there were several that were by, who saw them quarrelling, and ha ing and pulling, and fighting one with another for the space of an Hour, and that the Prisoner had been soundly beaten by the Prosecutor; that he and several others then went to the Goat-Alehouse, not far off, to wash, clean, and refresh himself, staying 2 or 3 Hours, while the Prosecutor got a Constable. The Prisoner pleaded he lost Money, and more than the Prosecutor had done; and that he had a Guinea in his Pocket just before the Fray began, and brought the Alehouse-Man, where he had just before been drinking, to depose it. Upon the whole of the Evidence on both Sides, it appear'd rather an accidental Quarrel and Fray than a Robbery. The Jury acquitted him.

Henry Wormington , of St. Ann's Westminster , was indicted for stealing Shoes , the Goods of John Gray , the 31st of March last. The Jury found him guilty to the Value of 10 d.

[Whipping. See summary.]

Nicholas Ferrin , of Stepney , was indicted for stealing a silver Spoon, value 5 s. the Goods of William How , the 30th of March last; but the Fact not being plainly prov'd, the Jury acquitted him.

Charles Cane , of St. Giles's in the Fields , was indicted for stealing several Goods of Mary Sigley , the 28th of March last. It appear'd that the Goods had been taken out of his Lodging by his Wife, and pawn'd; but it not being prov'd to be by his Direction or Consent, the Jury acquitted him.

Samuel Jones , of St. Clement s Danes , was a 2d time indicted for assaulting and robbing Philip Hawkins , and taking from him 39 Yards of Holland , the Goods of Mary Graves .

The Prosecutor depos'd, As he was in Bell-Court, near Brooks-Market , and having the Goods under his Arm, that the Prisoner came up to him and knock'd him down, and then pull'd the Holland from him; upon which he cry'd out, and the Neighbours came immediately to his Assistance.

Thomas Miles depos'd, That hearing the Prosecutor cry out, he immediately pursued and took the Prisoner, who had dropp'd the Goods, and hid himself in a Corner of the Alley, where Mary Miles inform'd him she saw him run to hide himself: The Prosecutor indeed was positive that the Prisoner was the Man that knock'd him down, and robb'd him; but, as it seem'd, the Prisoner had an Accomplice, who got off, and the Prosecutor being old, and Lamp-Light, and the Disorder he must of Necessity be in, it being possible for him to be mistaken, they found him guilty only to the Value of 4 s. 10 d .

[Transportation. See summary.]

Arthur Banks , of St. Clement's Danes , was indicted for stealing the Carcass of a Lamb, value 15 s. the Goods of Thomas Hill , the 29th of March last.

The Prosecutor depos'd, That the Lamb hung at his Stall, and that it was taken away.

Michael Lever depos'd That he saw the Prisoner throw it upon his Shoulders, and run away; upon which he call'd out.

William Munday depos'd, That he saw the Prisoner drop the Lamb from off his Back, and he was presently seiz'd. The Prisoner deny'd the Fact, and said, the reason he ran, was because he thought he saw some Bailiffs: This Excuse did not avail him. The Jury found him guilty to the Value of 4 s. 10 d .

[Transportation. See summary.]

Lewis Hewit , and Thomas Thatcher , of St. Mary Whitechappel , were indicted for stealing a Gallon Pewter Pot , the Goods of Nicholas London , the 15th of March last. The Fact being plainly prov'd, the Jury found them both guilty to the Value of 10 d .

[Transportation. See summary.]

John Stephenson , of St. Giles's in the Fields , was indicted for stealing a Cock and 2 Hens , the Property of Samuel Lee , the 6th of March last; which Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

John Hill , of St. Dunstan's Stepney , was indicted for stealing a Saw and and Ax , the 15th of March last, the Goods of Joseph West , &c. It appear'd by the Evidence, that the Goods were taken away, and found in the Prisoner's Custody. The Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

Jane Pemberton , alias Pendry, alias Pendron , of the Parish of Stepney , was indicted for feloniously stealing Goods, &c. in the Dwelling-House of Hannah Baglin , the 27th of March last, and Francis Tidcomb for receiving 14 Guineas, knowing them to be stolen ,

The Prosecutor deposed, The Prisoner, Jane Pemberton , was her Servant , and that she went away early in the Morning, and after her going, she miss'd her Goods and Money, and being inform'd that she had 3 or 4 Days before enquir'd where the Bristol Waggon stood, she sent after her.

John Barns , a Watchman, depos'd, He saw the Prisoner with a Bundle under her Arm, at about 2 a-Clock, and said, she was going for a Midwife.

Edward Haynes depos'd, That going to the Bristol Waggon, he found the Prisoner with the Prosecutor's Goods, and Francis Tidcomb with her, who own 'd the having the Money, it being given him to keep for Pemberton, but knew not that it was stolen. The Prisoner pleaded, that she found the Purse, and several Things, and Money in it, sweeping the Shop; but it did not avail: The Jury brought her in guilty to the Value of 39 s . But it not appearing that Francis Tidcomb was concern'd in the Felony, or knew the Money was stolen, and a Stranger to her before, and being going to Marlborough to see his Friends, he was acquitted .

[Transportation. See summary.]

Lawrence Bailey , was indicted for feloniously stealing a Silk Gown, and other Goods , the Property of Cecil Holms .

Mrs. Holms depos'd, That having sent the Trunk to a Friend's House, the Prisoner went in her Name, and fetch'd it away. The Fact being plainly prov'd, the Jury found him guilty to the Value of 4 s. 10 d .

[Transportation. See summary.]

Daniel Beard and Abraham Calloway , of St. Mary le Bow , were indicted, the former for stealing Iron Pins , the Property of William, Joseph, and Benjamin Hucks , and the latter for receiving them, knowing them to be stolen . The Fact being prov'd against Beard, he was found guilty to the Value of 10 d . but Calloway was acquitted .

Daniel Beard was indicted again for stealing Iron Dogs of a Dray , and found guilty to the Value of 10 d .

[Transportation. See summary.]

Thomas Potter and John Ashby , of St. Martin's in the Fields , was indicted for feloniously stealing the Goods of John Wallis , the 14th of March last; but there not being sufficient Evidence against the Prisoners, they were acquitted .

John Dixon , of St. Paul's Covent-Garden , was indicted for feloniously stealing the Goods of Mary Cary , the 20th of March last. The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

Jane Lane , of St. Martin's in the Fields was indicted for privately taking Money from the Person of Thomas Wheatly , the 9th of this Instant April .

The Prosecutor depos'd, That he went into the Fountain-Tavern in Drury-Lane the Time mention'd in the Indictment, and the Prisoner came to him, and they drank together, and he gave her a Guinea to lie with her, and afterwards sent down a 23 s. Piece of Gold to pay the Reckoning, and had 4 s. and 4 d. sent him for the Change, and that afterwards he miss'd the rest of his Money that was in his Pocket. The Prisoner had little to say in her Defence; the Jury found her guilty to the Value of 10 d .

[Transportation. See summary.]

Robert Cane , of Kensington , was indicted for assaulting Robert Daniel , junior , on the Highway, putting him in fear of his Life, and taking from him 28 s. the 25th of March last.

Robert Daniel depos'd, That having a Fair to carry to Kensington at 12 a-Clock at Night, the Prisoner offer'd to go along with him, that he refus'd it; but he got into the Coach-Box, and went along with him, telling him, the Gentleman in the Coach would bilk him of his Fair, and he would stand by him; that when they came to Kensington, the Gentleman paid him 4 s. and gave him and the Prisoner Drink; that as he was coming back, he would have him get into the Coach, but he would needs get up into the Box with him; that as they were coming back, about 9 a-Clock in the Morning, the Prisoner took hold of the Horses Reins, and said, I had got Money, and Money he wanted, and Money he would have, and threatned if I did not give him what Money I had, I was a dead Man, and drew a Knife; and I thereupon gave him the Money, and he put the Point of the Knife in his Mouth, and told the Money over, telling him, That if ever he betray'd him, he was a dead Man, and that he should live longer than any of his Gang. The Jury thinking the Evidence not sufficient to convict the Prisoner, he was acquitted .

Robert Floyd , of St. Mary's Whitechapel , was indicted for feloniously stealing 10 Bushels of Wheat-Flower, and 4 Bushels of Oatmeal , the Goods of Jane Wilson , the 8th of February last.

The Prosecutor depos'd, That finding herself declining, upon casting up her Accounts, and admiring how it should come to be so, suspected Dishonesty in some of her Servants; therefore examining her Servants, she was inform'd by her Apprentice, that the Prisoner had enticed him to let him have an Opportunity to carry away his Mistress's Flower and Meal, which he did many Times, and us'd to carry him to the Cakehouse, and Treat him, and engag'd him to with bitter Wishes on himself if he ever discover'd him. The Prisoner deny'd the Fact, and call'd divers to his Reputation; but this did not avail. The Jury found him guilty to the Value of 4 s. and 10 d .

[Transportation. See summary.]

Ann, Wife of Abraham Mumford , of St. Paul's Covent-Garden , was indicted for feloniously stealing divers Goods of Alexander Hill . It appear'd by the Evidence, that the Prisoner and Prosecutor liv'd together, and a Quarrel was between them; and it not appearing to be a Felony, the Jury acquitted her.

Mary Forgeham , of the Parish of St. Dunstan's Stepney , was indicted for feloniously stealing the Goods of Richard Roberts , the 12th of March last. The Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d .

[Transportation. See summary.]

Mary Woodward , of the Parish of St. George the Martyr , was indicted for feloniously stealing a Quilt and other Goods of Ann Carey ; but there not being sufficient Evidence against her, she was acquitted .

John Mitchel , was indicted for a Misdemeanour, in charging William Cornish with committing Sodomy, and taking 10 s. and 6 d of him for concealing the said Crime .

William Cornish depos'd, That being in St. Jame's Park on the 29th of March , near 9 a-Clock at Night, he sat down on a Bench by him, and ask'd him, if he was a Gentleman's Servant? telling him, that he liv'd with his Father, an Upholster in Gerard-Street, and that he, the Prisoner could show 9 Inches; asking the Prosecutor if he could? Upon this, he, the Prosecutor, went away; but he collar'd him, and told him, If he did not give him a Guinea, he would swear Sodomy to him; telling him, he had got so much Money of such a One, and so much of such a One, on the same Account; and that when he wanted Money, he took a Walk in the Park, and got 4 or 5 Guineas a-Night of Gentlemen, because they would not be expos'd; and told the Prosecutor, he would follow him wherever he went; that at length he came to half a Guinea, and he went to a Friend and borrow'd half a Guinea; and 3 Days after the Prisoner came, and wanted to borrow 3 Guineas, saying, he would give him a Note for it, and put the Half Guinea into the Sum; upon this, he procur'd him to be apprehended. The Fact being plainly prov'd, the Jury found him guilty of the Indictment. And the Court order'd him to stand on the Pillory at Charing-Cross , to suffer 3 Months Imprisonment , and to pay a Fine of 10 l .

James Butler , of St. James's Westminster , was indicted for stealing the Goods of Charles Draper , the 31st of March . The Fact being prov'd, the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

Thomas Oakly , was indicted for feloniously stealing the Goods of John Stocker ; which Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

Thomas Simkins and John Jones , of St. Mary Whitechappel , were indicted for feloniously stealing 3 lb. of Coffee, in the Shop of Francis Allen , the 28th of February last. The Fact being prov'd against Jones, the Jury found him guilty to the Value of 10 d . and acquitted Simkins.

[Transportation. See summary.]

Sarah Major and Elizabeth Reed , of the Parish of St. Giles's in the Fields , was indicted for stealing divers Goods, the Property of William Oliver , in the Dwelling-House of Anthony Armstead , the 19th of February last. It appear'd upon the Evidence, that Sarah Major was a Servant in the House, and having taken the Goods, gave them to Elizabeth Reed to sell, saying, they were her Husband's she being newly married. The Fact being plainly prov'd against Sarah Major , the Jury found her guilty to the Value of 4 s. and 10 d but acquitted Elizabeth Reed .

[Transportation. See summary.]

Thomas Simkin , of St. John Wapping , was indicted for feloniously stealing 14 lb. of Sugar, in the Shop of Edward Messerwy , the 5th of February last. The Prosecutor depos'd, It was Lump-Sugar, and was taken out of the Shop about Ten a-Clock at Night, and the Prisoner being pursued, dropp'd the Sugar. The Prisoner pleaded, that as he was going along, the Sugar was thrown out of a Window, and like to have fallen upon him, and knock'd him o'th Head, and so he took it up. But this Plea neither being prov'd, nor appearing probable, the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

Thomas Atwood and John Elsley , of the Parish of St. Magnes , were indicted for feloniously stealing 4 Cocks, and 37 Hens , the 7th of March last; but there not being sufficient Evidence against the Prisoners, they were acquitted .

Margaret Darvil , of St. Peter's Cornhill , was indicted for feloniously stealing 1 Pound of Sealing-Wax , the Goods of Robert Grosvenor , the 3d of March last; but there not being Evidence to prove that she stole it, she was acquitted .

James Ralph and James Tate , of St. Andrew's Holborn , were indicted for stealing a half-Hundred Weight, in the Shop of James Merchant , the 8th of March last. The Fact being plainly prov'd, the Jury found them both guilty to the Value of 10 d. each .

[Transportation. See summary.]

Mary Johnson , of St. Gile's Cripplegate , was indicted for stealing the Goods of Francis Wyat . The Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d .

[Transportation. See summary.]

William Spencer , was indicted for feloniously stealing 2 Hogs , the Goods of Daniel Harvey , the 21st of March last. The Fact being prov'd, the Jury found him guilty to the Value of 10 d .

Samuel Maidman , of St. Paul's Shadwell , was indicted for feloniously stealing 2 Hundred Weight of Sugar, value 50 s. in the Ship Wiltshire , the 10th of May last, the Property of Persons unknown.

The Evidence depos'd, That the Ship came from St. Christopher's, and lay at Ratcliff-Cross ; that the Prisoner keeping a Victualling-House there, at the Sign of the Royal-Oak, came on board the said Ship, and ask'd the Men to have Provisions at his House; that he brought with him an Iron Hammer in his Boat; that by the Connivance of the Officers he open'd 3 Hogsheads, and took out 2 Hundred Weight of Sugar, and having headed them up again, the Sugar was put into his Boat, carry'd off, and sold for 2 d. per Pound; and that the Prisoner told them, If they would get Sugar, he would take it off their Hands.

He was also indicted a 2d Time for feloniously stealing two Hundred Weight of Sugar, value 50 s. out of a Lighter belonging to the said Ship Wiltshire . - Pearse depos'd, As the Lighter was going from the said Ship, the Prisoner came on board in his own Boat, and ask'd Leave to get a little Sugar; that he open'd 2 or 3 Hogsheads, and took out that Quantity of Sugar, and it was put into his Boat, and that he went away with it, and one Lamp, brought this Evidence half a Guinea, and said it was for him, the Merchants Watchman, &c. The Prisoner call'd divers Persons to his Character; but the Facts being plainly prov'd, the Jury found him guilty to the Value of 4 s. 10 d .

[Transportation. See summary.]

James Cluff , of St. Andrew's Holborn , was indicted for the Murder of Mary Green , by giving her one mortal Wound on the Right Thigh, of the Breadth of one Inch, and Depth of five Inches, on the 11th of this Instant April , of which she instantly died .

He w as indicted a 2d Time on the Coroner's Inquest, on the Statute of Stabbing; and likewise the 3d Time, on the Coroner's Inquest, for the Murther of the said Mary Green.

Mrs. Diana Pain , at the Green Lattica in Holborn , depos'd, The Prisoner was her Servant , and also the Deceased Mary Green; that about a quarter of an Hour, or ten Minutes, before the Fact was committed, she was standing at the Door, and the Prisoner carry'd out a Pot of Drink; and that, as she was walking about the Taphouse with the Child in her Arms, she saw Mary Green go down into the Cellar, and did bring up 2 Pints of Drink, one for a Customer, and another for herself, which she carried into a Box where she was at Dinner, and this was about 4 or 5 Minutes before the Fact was done; that the Prisoner being come in, went into the Room to the Deceas'd, and in about 4 Minutes the Prisoner call'd out, Madam Pray come here; that when she came to the Door of the Box, the Deceas'd was on the Floor, sitting on her Backside, and the Prisoner holding her up by the Shoulders, and the Blood running from her in a very great Quantity; that she said to the Prisoner, James, What have you done? he answer'd, Madam, nothing: Did you see her do any thing to herself? he said, No; but he saw her in the Cellar with a Knife in her Hand: That the Deceas'd did neither speak nor move, and seem'd to be dead; that she being affrighted, call'd her Husband, and ran for an Apothecary.

Mr. John Pain depos'd, That the Prisoner had been his Servant about 2 Years, and was a just and honest Servant; that he had, as his Wife depos'd, carried out a Pot of Drink, and that the Deceas'd went down and drew 2 Pints of Drink; and that when the Prisoner went into the Room or Box where the Deceas'd was, he threw the Door with an uncommon Violence, and in a few Minutes call'd his Wife; that when himself went in, the Deceas'd was sitting on the Ground, supported by the Prisoner; and that, tho' he was very near while the Prisoner and the Deceas'd were in the Box, which was an inclos'd one, but not up to the Ceiling to about 3 Foot, yet he heard no Noise, nor a Word spoke; and that when she came out of the Cellar, he saw no Knife in her Hand. It was also added, that about 9 or 10 a-Clock that Forenoon, a Man came there, who he heard had been a Sweetheart of the Deceas'd; that he sat down, drank a Pint of Drink, and smoak'd a Pipe; that the Deceas'd being washing some Rooms, came down Stairs, and sat down and drank with him, and trundled her Mop, and went up-Stairs again, and when she came down, she sat down a little while again, and he did believe the Man did kiss her, or whisper'd with her, for they sat directly over-against the Bar; that he saw an Alteration in the Prisoner's Countenance, and that he look'd ruffled; but he knew nothing of any Courtship to have been between them.

Mr. Saunders depos'd, That he dining that Day at Mr. Pain's House, the Prisoner drew him a Pint of Drink, and the Deceas'd spoke for a Tankard to be carry'd out of Doors; that while the Prisoner was gone with it, two more came in, and the Deceas'd went down and drew two Pints of Drink, one for the Men, and carried the other into the Box where she was at Dinner, and he saw no Knife in her Hand when she came up with the Drink; that soon after the Prisoner came in, and went into the Box to the Deceas'd, and in about 3 Minutes, or thereabouts, the Prisoner call'd out, and said, Madam, pray come here, and see what is done; that she went, calling Mr. Pain, saying there was Murder committed; they went, and found the Deceas'd and Prisoner in the Posture before related; that Mr. Pain call'd the Prisoner Villain, and said, He believ'd that he had done it, and he should give an Account of it before he was clear'd; that the Prisoner said, He was as innocent as the Child at his Mistress's Breast: His Master ask'd him how it came; he reply'd, he could not tell; but that when she went down to draw the 2 Pints of Drink, she carried a Knife into the Cellar; that when he came into the Room, he saw her leaning upon the Table, and said, James, I am a dead Woman: That seeing a great deal of Blood upon the Ground, he ask'd her how it came? but she made him no Answer, but tumbled out of the Chair; that thereupon a Candle was lighted, and Mr. Pain went down into the Cellar, and himself, some Stairs, but saw not a Drop of Blood; and added that the Prisoner was gone out of the House when the Deceas'd went down to draw the Drink, and they saw no Knife in her Hand.

Mr. Cox, a Surgeon depos'd, That about 2 a-Clock he was sent for, and coming immediately, found the Deceas'd lying on her Back and a vast Effusion of Blood, but her Lips chang'd when he came in, and searching, he found the Wound in the upper part of the Thigh, and it had open'd the Femoral Artery, and looking on the Table, he found a Knife among the other Knives, which Knife had a little Blood upon it; that he compar'd the Knife with the Cuts in her Cloaths, and also the Wound, and it answer'd exactly to all; that it was a broad-pointed Knife, yet had gone through an Apron, a quilted Coat, a Stuff-petticoat, and a course strong Shift, so that it must go with a very great Force to do that, and also to penetrate as it did 5 Inches into the Thigh; that the Wound went obliquely upwards, and, he thought, was scarce to be done by the Deceas'd, in the Posture she was suppos'd to be in; that the Knife also lay about 4 Foot from where the Deceas'd was sitting, as was said, and he was of Opinion, after the Wound given, she could hardly place it there; that such a Wound in that Part was so immediately mortal, that a Person could not live above 2 or 3 Minutes; that under her Chin, and under her Left Ear, and about her Elbows, there seem'd to have been some confinement or Violence used, so as to cause the Blood to stagnate, and prevent its circulating.

Mrs. Groves, that us'd to Wash for Mrs. Pain, depos'd, That about six Weeks before, the Deceas'd complain'd of the Prisoner's beating her, and that she could not bear it; that she show'd her her Head, and there was a great Bump upon it as big as an Egg, and she got some Rum and bath'd it; that the Prisoner had thrown a Candlestick at her, but it did not hit her: and that she had heard them quarrel several times; that the Deceas'd once said to the Prisoner, If you do me a Mischief, if I do not live to see it, I have those that will live to see you hang'd.

Mr. Baldwin depos'd, That being at Mr. Pain's about 9 a-Clock, and some Discourse passing among them, the Prisoner said of the Deceas d, She knows what's what; to which, as she was going up Stairs, she reply'd, I never had a Bastard; that soon after she came down, and wanted Tea or Sugar for her Mistress, and Mr. Pain being out of Doors, she said. He was always out when he was most wanted; that thereupon the Prisoner struck her on the Backside with the Poker, and said, You Sawcy Slut must my Master give you an Account? and he thought he look'd maliciously; that the Maid push'd him on the Shoulder, saying, What did you strike me for? and that he thought him to be an ill-natur'd Fellow.

Ann Duncarton depos'd, That about 7 Weeks since, she saw the Prisoner beat the Deceas'd in the Back-Kitchin, and that afterwards the Deceas'd said to her, Will my Mistress suffer this? She asking her why the Prisoner beat her? She said, Because she had taken some Sticks to light her Fire, that the Prisoner had laid by to light his.

Elizabeth Green , the Deceased's Mother, depos'd, That on Easter-Tuesday she came to see her, and she said, Mother, I have been wild, and have not kept my Places, but now I am used so barbarously by my Fellow-Servant that I cannot bear it; she said she should not, she would come and give her Mistress Warning; she reply'd, she was willing to bear as long as she could, because she was bare of Cloaths, and knew her Mother was poor, and incapable to get them for her.

The Prisoner in his Defence pleaded, That tho' they had had high Words, yet they never had had Blows, and that, that Day they were very loving together; and that he did not know that he touch'd her with the Poker; and as to the Man that came, with whom she drank, he only desir'd him not to give her more Drink than would do her good; that at Dinner-time, he had not ended his Dinner when he was call'd out to draw Drink: and that the Deceas'd went to draw two Pints of Drink, and having a Knife in her Hand, he ask'd her what she did with that? she reply'd, What is that to you James? That afterwards, when he had carry'd out Drink, he went again into the Box to Dinner, and saw her sitting, leaning her Head on the Table, and said to him, James, I am a Dead Woman; that he reply'd, Dear Mary, What is the Matter with you? and immediately, without making any Answer, she fell down dead; and when he call'd his Mistress he had not been in the Room a Minute. The Prisoner call'd several Witnesses to prove that he did not seem to be any ways out of Temper that Day. On a full Hearing of the Matter, the Jury acquitted him.

William Drinkwater and Samuel Hoy , of St. Dunstan's Stepney , were indicted for feloniously stealing 1300 lb. of Tobacco, value 50 l. the Goods of Persons unknown, in a Ship call'd the Burwell , the 31st of August last.

John Tostick depos'd, That there was an Agreement on board the Ship Burwell, Constantine Kent Master, from Virginia, among the Prisoners, the 1st and 2d Mate, the Boatswain, Gunner, and Captain's Servant, to stock, i.e. to take Tobacco out of the Merchants Hogsheads, to sell it, and to share the Money among them, it having been said, it was an old Custom so to do; that they opened the Heads of those Hogsheads that were easiest to come at, took out 30 or 40 lb. out of a Hogshead, headed them up again, carry'd it on shore, and sold it, and shar'd the Money equally among them; that he, this Evidence went on shore, sold the Tobacco for 6 d. per Pound, receiv'd the Money, and paid it to the rest aboard, every Man his Share, and that Hoy also did receive Money, and paid the other Men their Shares.

Joseph Hodges depos'd, That he was boarded on the Ship Burwell in July, that it came afterwards to Limehouse ; that they said it had been a Custom on board that Ship to stock for the good of the Officers; that after this, Mr. Drinkwater, the Prisoner, told him, he desir'd to go down with Tostick; that afterwards he came up, and said he had work'd hard, and the Tobacco was handed from the Skuttle to the Forecastle, and thence into Boats; that Drinkwater and others handed it out of the Hold, and went on shore to sell it, and when he came back, said, he had sold it for 6 d. per Pound, and paid him, this Evidence, his Share, and some other Persons theirs; that Samuel Hoy also went down, made up a Quantity of Tobacco, and when he came up, said, he had work'd hard; that it was put into a Boat, and they went with it, and when he came back, said he had sold it for 6 d. per Pound, gave the 5 Officers and 6 of the Ship's Crew, each Man his Share. The Prisoners call'd a great many Persons to their Reputation, who depos'd, They had known them many Years; that they had born an honest Character. The Fact being plainly prov'd, the Jury found the Prisoners guilty to the Value of 4 s. and 10 d. each .

[Transportation. See summary.]

Margaret Harrison . of St. Margaret's Westminster , was indicted for stealing a ShowGlass, containing 21 Gold Rings, 13 Stone Rings, 8 Snuff-Boxes, a Surgeon's Instrument Box, and many other Things, Gold and Silver Coins, &c. the 20th of March last, the Goods of Edward York .

The Prosecutor depos'd, That the Show-Glass, &c. was taken from his Shop-Window about 4 a-Clock in the Afternoon; that missing it, he stept out, and inquiring of his next Neighbour, he was inform'd, that a tall, ancient Gentlewoman in a short black Cloak and a Velvet Hood, was looking into it a little while before; that he immediately got several Persons to pursue, running one one Way, and one another and she was apprehended.

Joseph Bond depos'd, That he took the Prisoner in a Coach with the Show-Glass in her Lap; and that he opening one Door, the Prisoner open'd the other, and jump'd out: that, however, he seiz'd her, and she had her Pockets stuff'd full the Things, for the Glasses were broke all to Pieces, and her Hands were very bloody, being cut by breaking the Glass; that she had several Rings on her Fingers.

James Seager , the Constable, depos'd, That the Prisoner being ask'd what induc'd her to commit the Fact? reply'd, Necessity, she having a Husband and 10 Children.

The Prisoner said nothing at all in her Defence; but a great many Persons of Credit appear'd to her Character, who depos'd, That she had been a Person that had liv'd well in the World; that she had a Husband, but he was not with her; that she was handsomly maintain'd by her Relations, and so lay under no Necessity to commit the Fact; that instead of 10 Children, she had but one, and that one provided for by the Rev. Dr. Day, and others. The Jury supposing her not compos mentis when she committed the Fact, acquitted her .

Mary Barber , alias Ruffet , and Martha Lewis , alias Pugh , of St. Martin's in the Fields , were indicted for privately taking from the Person of Jonas Gray one pair of silver Buckles, a Handkerchief, and 20 s. in Money , the 27th of March last.

The Prosecutor depos'd, That on the 27th of March last, as he was going by the Prisoner's Door, which is at the Rose and Fountain in Drury-Lane , the two Prisoners and two others caught hold of him, and said, Damn you Jack, you shall give us a Pint of Wine, or we'll give you one: that he told them he would give them a Bottle if they would let him go; that they forc'd him into a Room up 2 pair of Stairs, and brought up two Pints of Wine, and there being a Table-Bed in the Room, they threw him down on it, and Mary Barber held him by one Arm, and another by the other, and they took the Buckles out of his Shoes, and the Handkerchief from off his Neck, his Buttons, &c. which she, Mary Barber , did 2 or 3 Days after restore him again; Mary Barber took the Buttons out of his Shirt, and Pugh's Hand was at his Pocket; that having detain'd him till about One a-Clock in the Morning, and he being afraid if he made any Noise, he might be murder'd by their Bullies, and the Room he was in being backwards, stay'd quietly till Morning, when he knocking, they at last let him out; and he demanding his Things and Money, Mary Barber , the Mistress of the House, told him, She would endeavour to help him to his Buckles and Buttons again, but she believ'd the 2 Bitches had the Money, and she would endeavour to help him to that again; that he did afterwards go to the House, and the Prisoner did return his Handkerchief, Buckles, Gloves, and Rule, and as to his Money, that not being produc'd, he procur'd a Warant to apprehend the Prisoners; and that, in the mean time, they had procured him to be arrested for 5 l. for the Reckoning.

Mary Bryan depos'd, That the Prosecutor having been drinking with 2 Women, about 2 or 3 a-Clock went up to Bed one Pair of Stairs, in a Room forward, and there was no Lock upon the Door; that in the Morning he came down, and wanted to see her Mistress, to know what he had to pay; that she went in and call'd her Mistress, who lay below Stairs; that the Prisoner came into the Room, and would treat her with a Pint of Wine, ask'd her if she would have White or Red, she chose White; that they drank together very friendly, and that he said, he wanted his Buckles and Buttons, and she went up and look'd in the Chamber, and found them, and came down and gave them to him; and he told her, that when he came to pay her Mistress he would give her a Shilling; and that he came afterwards, and spent Half a Crown, and gave her 6 d. saying, he had but 3 s.

Frogdon Poplish depos'd, he arrested the Prosecutor on Easter-Monday, at the Suit of Mrs. Ruffet, for 4 l. 19 s. That he said, he would swear a Robbery against her; that he would pay her before Saturday Night, and that he would send her to Newgate.

The Prisoners were also indicted a 2d Time for assaulting and violently taking the Things before-mention'd from the Prosecutor ; the Evidence was the same as to the first Indictment. The Jury acquitted both the Prisoners; and they praying a Copy of the Indictments, the Court granted them one upon the last Indictment.

Sarah Harwood , alias Badger, alias Radford , was indicted for the Murder of her Male Bastard-Infant, by throwing it into a House of Office, where it was suffocated , the 8th of March last. She was also indicted a 2d Time on the Coroner's Inquest for the same.

John Hanby , a Surgeon, depos'd, That he view'd the Child, and it did appear to be at its full Time, and to be Born alive; and that upon making Trial of a Piece of the Lungs put into Water, it was buoyant, and did not sink; and that he did not observe any visible Marks of Violence on the Child.

Mary Cummins depos'd, That the Prisoner came the Night before the Fact to her, and ask'd her for a Lodging and gave her 3 d. for it; that she having no other Conveniency, she lay with another Lodger; that going into the Yard in the Morning, she perceiv'd some Drops of Blood, and going up to her Lodgers, enquir'd if any body had been down in the Yard whose Nose had bled? they all saying no; she took a Candle, and near the little Vault saw a great Quantity of Blood, and looking down the Hole, saw a Child; that going up and taxing the Prisoner with having murder'd her Child, she reply'd, she knew nothing of it; that then she went out for a Midwife, fastening the Doors after her; and when she came home the Prisoner was gone, having got on the top of the House, and so got into another House.

Elizabeth Marclew depos'd, That the Prisoner lay in the same Bed with her that Night; that the Prisoner got up about 3 or 4 a-Clock in the Morning, and said she was grip'd, and ask'd for a Pot; she told her, there was one in such a Place; but she went down Stairs, and staid there about 3 quarters of an Hour, and came up again, and went into Bed, and that she heard neither Sigh nor Groan, nor any such thing, made by the Prisoner; nor were there any Signs upon the Stairs; that about 8 or 9 a-Clock the Prisoner was eating a Pennyworth of Milk, when Mrs. Cummins came up, and said the Child was found.

Katherine Wall depos'd, That she took the Child out of the Vault, and wash'd it, and that on each Side of the Head, near the Ear, there was a black Spot, but she did believe they might be caus'd by her helping herself.

Mary Eastwood , a Midwife, depos'd, That 4 Days after, she examining the Prisoner, found she had Milk in her Breasts, and that Plaisters were over them to dry it up.

The Prisoner in her Defence pleaded, That she did not know she was so near her Time, and that she being at the necessary House, was taken very ill, and swoon'd, and was not sensible of the Child's dropping from her, and that she never laid her Finger upon it to hurt it, nor could remember how she got up Stairs again.

Damaris Lamb depos'd, That the Prisoner came to her the Night before, desiring her to help her to a Lodging; that she sent her to Mrs. Cummins, and perceiving her Condition, gave her some odd Things, as Cotton for Sleeves, &c. and gave her also 6 d. in Money, and she said she had divers other Things at her Father's-in-Law at the Kings-Arms in Lawrence Lane in New St. Giles's. Upon a full Hearing of the Matter, the Jury found her guilty of the Indictment. Death .

William Boyce and Anthony Godfrey , of St. Martin's in the Fields , were indicted for privately stealing from the Person of Sir John Shelly , Bart. one Gold Watch, a Chain and Seal, and 5 Guineas, the 27th of March last.

Sir John depos'd, That having been at the House of Commons the Day mention'd in the Indictment, it was 7 a-Clock in the Afternoon before he had Din'd, after which, he order'd his Coachman to drive him to the Coffee-house at St. James's, whither it was his usual Custom to go in an Evening; but finding himself, while in the Coach, somewhat uneasy in his Stomach, he thought it might be of Use to him to walk in the Park, and take a little Air, and accordingly order'd his Coachman to set him down there; and walking, between 8 and 9 a-Clock at Night, he felt an Uneasiness in his Foot, he having before had the Gout; whereupon he sat down on a Bench not far from the Ld. Chetwind's House, to case his Foot by loosening his Shoe; sitting there about 3 Minutes, while he he was stooping, he felt a Hand about his Pocket, and miss'd his Watch; upon which he immediately started up, and seeing the Prisoner close to him, he collar'd him, charg'd him with taking of it, and call'd out to the Centinel for Assistance; upon which the Prisoner call'd out to Anthony Godfrey , and drawing out his Bayonet, threatned to stick him to the Heart if he made any Noise, or talk'd any more of being robb'd; that Godfrey, who seem'd to be his Companion, (he seeing them walking together before he sat down) came immediately up to him, and the Prisoner bid him assist him to secure the Prosecutor, saying, He had attempted to commit Sodomy with him; that the Centinel coming, and some other Persons, he charg'd them with the Prisoner, and the Prisoner also charg'd the Centinel with him, and so they went together to the Guard-House.

John Best depos'd That as he was coming from Buckingham-House, he saw Sir John sitting on the Bench, and that he catch'd hold of Boyce by the Collar, saying, he was robb'd of his Watch, if not of his Money; that, upon thus, Boyce drew his Bayonet, and threatned to stab him if he talk'd of being robb'd and that upon the coming up of Godfrey, he said that Sir John had handled his Privy-Parts for a quarter of an Hour. The Prisoner's Confession was read in Court, which he made before John Slater , Esq; wherein he own'd the Fact, and that he gave what he took from Sir John, to Anthony Godfrey , and did never receive any Money, or Part from him.

Mr. Slater also depos'd, That the Prisoner, Boyce, did confess to him, that he had robb'd Sir John, and that the Accusation was false.

Isaac - , a Soldier, depos'd, That the Prisoner, Boyce, own'd that he had robb'd Sir John, and that Sir John did not do what he had accus'd him with; begg'd Sir John's Pardon, after he had been with the justice in another Room and own'd that he had fram'd this Accusation to bring himself off.

The Prisoners both denied the Fact at the Bar, and Boyce pleaded in his Defence, that he was sitting on the Bench in the Park, and was buckling on his Spatterdashes, and that Sir John came and sat down by him; that they sat together a considerable Time; and that Sir John attempted Sodomitical Practices with him: But these Allegations having been sufficiently contradicted before, by the Allegations of several Evidences, the Jury found Boyce guilty of the Indictment. Death : But the Proof against Godfrey not being so satisfactory, the Jury acquitted him.

Jepthah Big , was indicted on a Statue made in the 9th Year of King George the First, for feloniously sending 2 Letters without Names, to Mr. Nathaniel Newnham , senior, demanding in the first the Sum of 85 Guineas, and in the 2d, 100 Guineas, containing divers Menaces, and threatning the Life of the said Nathaniel Newnham , his Wife, &c. if the said Sums of Money were not punctually sent according to the Directions contain'd in the said Letter . The Counsel for the Prosecutor having open'd the Cause, supported the Charge by the following Evidence.

Peter Salter depos'd, That the Prisoner came to him to Squirrel-Alley, in the Minories, where he was at work, and ask'd him to go and drink; that they went together to the Sign of the Ship, a House where he, this Evidence, us'd; but the Prisoner would go to some other House, saying. He had a particular Affair to speak to him about, and they went to the Sieve in the little Minories: The Prisoner then said to him, Peter, I have something to tell you, but I would not have every body know it; I want 10 or 15 Guineas, and if I had them, they would get me 60 or more; that he ask'd the Prisoner what he would have him to do? He said, his Brother was Coachman to a fearful Old Man, and he would send him a Letter to send him a Parcel; and he would have him, this Evidence, fix upon a House where the Parcel may be sent, and received, and he not suspected; asking him, Is there not a House at Billingsgate, that you use, the Shoulder of Mutton? will they have any Suspicion of you? to which this Evidence reply'd, I think not; he desir'd him, this Evidence, to go to the Shoulder of Mutton to see if the Parcel was come; that he was to sit there, and call for Drink, and when a Porter came for a Parcel directed for John Harrison , if he suspected any thing, he should immediately go to the Krag's-Head Alehouse in King's-Head-Court, on Fishstreet-Hill: That while he was at the Shoulder of Mutton, a Porter came in, and brought a Piece of Paper, and asked for the Landlord, and said, Here is a Note, and that the Landlord's Son came and look'd on it, and gave his Father a Jog, and went and fetch'd in another Man, and then gave the Porter the Parcel; that he, this Evidence, seeing this, went to the King's-Head-Alebouse, and acquainted the Prisoner; and they went thence into Moorfields, and the Prisoner said he was vex'd that he was disappointed; and that if he had gotten the Money, he design'd to have given this Evidence 5 Guineas; that they went to the Three Tuns, and had 2 penny worth of Bacon; and the Prisoner said, tho' he was disappointed in his Design now, he would write him another Letter that should make him tremble; and that the 2d Parcel should be directed to be left at the Black-Boy in Goodman's-Fields, to John Harrison , as before; for there the Man of the House had no Suspicion of him: That the Prisoner sent for him on the 1st Day of April to the Ship Alehouse in the Minories, sending his Name, that he would have something for Breakfast, and we had 2 Sheep's Tongues; he said, he came to have me go to the Black-Boy in Goodman's-Fields, to see if the Parcel were come thither, saying, You have nothing to do but to sit in the House and observe whether there be a Trap laid to catch me; that they went to the Black-Boy, and there read the News-Paper, and it was said, nobody would ever appear since it was advertiz'd; that the Prisoner left this Evidence at the Black-Boy, and he was to meet the Prisoner at the Rose at Algate; that a Porter came in, and Mr. Whitaker at the Black-Boy took the Note, and said, I had rather the Person had come for it himself, however you shall have it, and went to the Door, and a Man came up to him, then he gave the Porter the Parcel, and bid him go and deliver it to the Person; that they went after the Porter, but on a different Side of the Way; that he stay'd afterwards, and drank a Pint of Drink, and then went to the Rose at Aldgate, and told the Prisoner, there was a Trap laid to catch him; that after this, the Prisoner and he went to his Brother, who liv'd with Mr. Newnham, and going to an Alehouse hard-by his Brother's, they din'd there, and his Brother came in, but said he could not stay, because he was going on an Errand, but said, he should be back quickly; that accordingly he came and the Prisoner reply'd him if he design'd to come away, he said, no; the Prisoner reply'd, You have complain'd your Master was cross and peevish; ay, replies the Brother, but the Cause is known now, a vile Rogue has sent him a Letter to send him a great Sum of Money, threatening his Life if he did not; to which the Prisoner reply'd, ay, a vile Rogue indeed; says the Brother, there is an Advertisement of it: That afterwards they went to the Sieve in the Little Minories, and read the Advertisement; that from thence they went to the White-Swan in Goodman's Fields; the Prisoner said, he would endeavour to know when the Old Man came out of the Country, and he would send him another Letter; to which this Evidence reply'd, I am sorry you will meddle with such Affairs, they are very dangerous; the Prisoner reply'd, You need not fear, nothing can hurt you, but my Life is in your Hand, and if ever you discover the Matter, you shall share the same Fate. John Long , Mr. Newnham's Servant, depos'd, That a Letter came by the Penny-Post the 20th of March; that he gave it his Master, and he having read Part of it, gave it to him, and bid him read it; that the same Evening a Parcel was made up of about 2 lb. Weight, but not Money, in a brown Paper, directed to John Harrison , and he carried it the next Morning to Mr. Ward's, at the Shoulder of Mutton; and also, that another Letter came of the same Hand, dated the 27th of March, and a Parcel was made up, and directed for John Harrison , and carried to the Black-Boy in Goodman's-Fields. Mr. Ward depos'd, That the Parcel was left with him by Mr. Long, directed for John Harrison ; that a Porter came with a Note, saying, he came from a Person at the Bell in Mincing-Lane; that he and another went thi-but the Prisoner was gone, but left Word he was gone to the Custom-House, but would be there again presently. Mr. Benger at the Bell, said, a Man was there, and call'd for a Pen and Ink, and wrote a Note, and wanted a Porter; but that he took so little Notice of him, that he could not swear it was the Prisoner; nor could Flinder, the Porter that carried the Note, swear to the Person. Mr. Whitaker, at the Black-Boy, confirm'd the Evidence before given as to the Parcel being sent, and sent for, to his House. - Frisby depos'd, That the Prisoner was the Person who sent him with a Note for a Parcel at the Black-Boy in Goodman's-Fields; and that going to Newgate to see him, tho' the Room was darkish, and 5 or 6 in the Room, he at first fix'd positively on the Prisoner, as the Man that sent him for the Parcel to the Black-Boy in Goodman's-Fields. The 2 Letters were produc'd and read in Court, the first demanding 85 Guineas, the latter 100, full of Threatning Expressions; and the latter full of vile Names, horrid Oaths, direful Execrations, and Threatnings of the Life of the Prosecutor, his Wife, &c. not fit to be publickly expos'd; notwithstanding which, several Persons of Reputation gave the Prisoner the Character of a sober and industrious Man: But the Fact being plainly prov'd, the Jury found him guilty of the Indictment. Death .

Mary Morgan , of St. Magnes the Martyr , was indicted for stealing the Goods of William Gillet , the 5th of April last. The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d .

[Transportation. See summary.]

Alice Brigs , Jonas Shirley ; formerly convicted

William Inkley , Mary Barns , formerly convicted.

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

Receiv'd Sentence of Death 4.

Charles Prosler , Jepthah Big, Sarah Harwood , William Boyce .

Transportation 46.

Ann Dent , John Briton , Hester Batt , Thomas Sampson , William Mars , Bovington, alias Joseph Darvel , Mary Cowel , William Cowsel , John Owen , John Tapper , Mary Harwood , John Hammerson , William Godwin , William Field , Samuel Salmon , Thomas Baker , Jacob Stock , John Hawkins , Margaret Raven , Mary Tanner , Samuel Jones , Joseph Brooks , Arthur Banks , Lewis Hewett , Thomas Thatcher , John Stephenson , Jane Pemberton , alias Pendry, alias Pendron, Lawrence Bailey , Daniel Beard , John Dixon , Jane Lane, Robert Floyd , Mary Forgeham , James Butler , Thomas Oakley , Thomas Simkins , John Jones , Sarah Major , John Hill, James Ralph , James Tate , Mary Johnson , William Drinkwater , Samuel Hoy , Samuel Maidman , Mary Morgan .

To be Whipt, 4.

Henry Wormington , John Tims , Alice Brigs , Jonas Shirley ; formerly convicted .

Burnt in the Hand 2.

William Inkley , Mary Barns , formerly convicted.

Joseph Shackle , and John Taylor , former Convicts, gave in Bail to plead to the next General Pardon .

Sarah Harwood pleaded her Belly, and 2 Jury of Matrons being impannell'd, found her not with quick Child.

John Mitchel , sentenc'd to stand on the Pillory at Charing-Cross; to suffer 3 Months Imprisonment; and to pay a Fine of 10 l.