Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 16 September 2014), August 1729 (17290827).

Old Bailey Proceedings, 27th August 1729.

The PROCEEDINGS

At the Sessions of the Peace, and Oyer and Terminer, for the City of LONDON, and County of MIDDLESEX.

On Wednesday, Thursday, Friday, and Saturday, being the 27th, 28th, 29th, and 30th of August, 1729, in the Third Year of His MAJESTY's Reign.

(Price Four Pence.)

BEfore the Rt. Honourable Sir Robert Baylis , Kt. Lord-Mayor of the City of London; the Hon. Mr. Justice Probyn; the Hon. Mr. Baron Cummins ; the Worshipful Mr. Serjeant Raby, Deputy-Recorder of the City of London; and other of his Majesty's Justices of Oyer and Terminer, and Goal-Delivery for the City of London, and Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.

London Jury.

John Gettings .

Joseph Mace .

Benjamin Barron

Leonard Tillet .

Henry Latten

James Innis .

William Ewsden .

John Kent .

William Atkins

Robert Murden .

Mathew Perry .

John Warwick .

Middlesex Jury.

Robert Kent .

Joseph Winchborough .

Philip Holden .

Kichard Osgood .

Robert Gray .

Richard Duke .

William Burchet .

Valentine Arnold .

Samuel Anderson .

Marmaduke Brumley .

Henry Stephenson .

John Hugget .

Charles Manning , of St. Martin's Friday-Street , was indicted for feloniously stealing 12 lb. of Tobacco, the Property of a Person unknown , the 2d of August last. It appear'd by the Evidence, that the Tobacco was carried to an Inn, to be carried by the Carrier to Nicholas Fisher of Ross; that while they were loading the Waggon, the Tobacco was taken away, and found immediately upon the Prisoner. The Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Richard Whittingham , John Baldwin , and Margaret Winsford , were indicted for stealing 56 lb. of Sugar, of a Person unknown, out of the Warehouse of William Coatsworth , the 23d of July last. It appear'd by the Evidence, that the Prisoners were found upon the Keys in the Night-time, and two Bags of Sugar were found nigh them, which had been taken out of some Hogsheads that lay there; but there not being sufficient Evidence that the Prisoners did actually steal the Sugar, they were all acquitted .

Jeremiah Lily , of St.Leonard Jury , was indicted for privately stealing a Coat , the Property of Bartholomew Bunstal . The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Thomas Hargrave , of St. Paul's Covent-Garden , was indicted for the Murder of William Hill , the 2d of February last: He was likewise indicted a second time for the slaying of the said William Hill. It appear'd by the Evidence, that the Deceas'd quarrelling with the Prisoner, challeng'd him three times to fight for Half a Crown; and that they went from the Alehouse where they were drinking, into Covent-Garden ; that they did fight, several Persons being present; that the Deceas'd gave the Prisoner the first Fall; that they afterwards fought again, and the Prisoner gave the Deceas'd a Fall, upon which the Deceas'd said he would fight no more; and that he putting on his Cloaths, they went back together to the Alehouse, and the Landlord saying to the Deceas'd, that the Prisoner had beat him, he replied, that he had also beat the Prisoner: that the Prisoner and the Deceas'd were friendly, and the Deceas'd offer'd to fight him again at some other Time; that sitting down on a Stool, in a few Minutes he laid his Head against the Chimney, and died immediately: A Surgeon depos'd, That upon viewing the Body, he did not see any outward Contusions; but opening the Body, found a great Quantity of Blood in the Cavity of the Belly, which he suppos'd proceeded from the bursting of some large Blood-Vessels by the Violence of the Fall, which he did believe was the Cause of his Death. The Jury found him guilty of Manslaughter .

[Branding. See summary.]

Rebecca Dance , of St. Ann's Westminster , was indicted for stealing wearing Apparel , the Property of John Courtman , the 12th of July last: The Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d.

[Transportation. See summary.]

Joseph Harbut , of St. George Hannover-Square , was indicted for stealing a Frock, value 2 s. the Goods of James Macculler , the 1st of May last; but no Evidence appearing against the Prisoner, he was acquitted .

Mary Steward , of St. Botolph's Billingsgate , was indicted for feloniously stealing wearing Apparels , the Goods of Edward Jackson , the 14th of August last. The Fact being plainly prov'd, the Jury found her guilty to the Value of 4 s. 10 d.

[Transportation. See summary.]

John Hornby , of St. Dunstan's Stepney , was indicted for feloniously stealing of 8 Iron Bars , the Property of William Bowles , Esq ; the 22d of July last; but no Prosecutor appearing, he was acquitted .

John Hutchinson , of St. Leonard Shoreditch , was indicted for feloniously stealing the Goods of Francis Jones , the 18th of August last; but for want of sufficient Evidence he was acquitted .

William Hughes , of St. James Westminster , was indicted for feloniously stealing a Great Coat , the Property of William Fowles , Esq ; the 4th of August last. It appear'd by the Evidence that the Coat was taken out of a Coach-House; and the Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Philip Walters of Fulham , was indicted for burglariously breaking the House of Thomas Worcester , in the Night-time, and stealing divers Goods , the 14th of July last. The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d. on the Felony; but the Burglary not being plainly prov'd, he was acquitted of that .

[Transportation. See summary.]

Robert Newcomb John Newcomb and George Powel , were indicted for feloniously stealing Pewter Plates and other Goods , the Property of Sarah Grey the 12th of July last. The Fact being plainly prov'd, the Jury found them all guilty , each to the value of 10 d.

[Transportation. See summary.]

Mark Stone , of St. Martin's in the Field , was indicted for stealing 3 Gross of Pipes , the Goods of James Webb the 13th of May last; but the Felony not being sufficiently prov'd, the Jury acquitted him

John Lovel , of St. Clement's Danes , was indicted for privately stealing a Linen Handkerchief from the Person of William Windsor , the 20th of July last. The Prosecutor depos'd, he took the Prisoner taking his Handkerchief out of his Pocket. The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

John Musgrave , of St. Martin's Ludgate , was indicted for stealing two Books , the Property of Thomas Bickerton , the 21st of August last; the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

James Forster , of St.Botolph's Billingsgate , was indicted for feloniously stealing two Gloucestershire Cheeses the Goods of William Cock , the 24th of July last. It appear'd by the Evidence, that the Prisoner was a Porter to the Prosecutor, and being left to look after the Shop, and while he was gone to Dinner, he call'd a Person and offer'd him Twopence to carry them to a Chandler's Shop in St. Thomas's. The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Jane Jones , of St. Paul's Covent-Garden , was indicted for robbing her Lodgings, and stealing divers Goods of Ann Stone , the 25th of July last; but the Evidence not coming up to a Proof of the Fact, the Jury acquitted her.

Joseph Field , of Edger , was indicted for stealing a Lamb , the Property of Peter Franklin , the 14th of August last; but the Evidence not appearing sufficient to prove that he stole the Lamb, the Jury acquitted him.

Ann Berry , of St. James's Westminster , was indicted for feloniously stealing a Leg of Pork , the Goods of Henry Davis , the 3d of August last; which Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d.

[Transportation. See summary.]

Sarah Sutton , of St. George Hannover-Square , was indicted for feloniously stealing wearing Apparel , the Goods of Henry Davis ; but the Proof of the Fact not appearing plain, the Jury acquitted her.

John Sutton . of Hornsey , was indicted for burglariously breaking the House of Jeremiah Bird , the 17th of August last: But the Fact being not prov'd, that he went with an Intent to steal, the Jury acquitted him.

Susanna Dufty and Mary Painter , of St. Giles's in the Fields , were indicted, the former for feloniously stealing a Guinea , the Property of Edward Garret , the 15th of August last. The Prosecutor depos'd the Prisoner was his Servant , a Girl whom he had taken in out of Charity; that the Prisoner us'd to come to his House, and shewing more than ordinary Civility to the Girl, he had reason to believe the Confession of the Girl, that she had prompted her to take the Money; the Girl, especially, having confess'd the Fact, and charg'd the Prisoner with putting her upon getting her some Money, and receiving the Guinea from her. The Fact being plainly prov'd upon Susanna Dufty, the Jury found her guilty : But there being not sufficient Proof against Mary Painter, but the Confession of Susanna Dufty, the Jury acquitted her.

George Coleman , of St. James's Westminster , was indicted for stealing the Goods of Philip Edrington , the 26th of July last. It appear'd that the Goods were carried to an Inn, to be carried into the Country, and were stolen out of the Inn-Yard; the Goods were taken upon the Prisoner. The Fact being plainly prov'd, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Alexander Mackintosh , of St. George the Martyr , was indicted for feloniously stealing 6 Guineas and 14 s. the Money of James Bowen , the 21st of July last. It appear'd by the Evidence that the Prisoner was Servant to the Prosecutor, who was a Butcher , and he sent the Money by him, to be paid in Smithfield, but he did not pay the Money; but being taken up drunk next Morning, could give no Account but that he had lost or spent 5 l. 4 s. and 6 d. of the Money: But it not appearing to be a Felony according to Law, the Jury acquitted him.

John Sherton , of St. Leonard Shoreditch , was indicted for feloniously stealing the Goods of Walter Smith , the 1st of May last; but there not being sufficient Proof, he was acquitted .

Susanna Dryer , of St. James's Westminster , was indicted for feloniously stealing the Goods of Jenkin Edwards , the 17th of July last; but no Evidence appearing against the Prisoner, she was acquitted .

Hester Cross , of St. James's Westminster , was indicted for feloniously stealing the Goods of Elizabeth Swindun , and Mr. Walters . It appear'd by the Evidence that the Prisoner was a Washerwoman , and took the Goods. The Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d.

[Transportation. See summary.]

Mary Rogers , of Pancrass , was indicted for feloniously stealing a Pair of Pumps, value 2 s. the Goods of Richard Smith , the 1st of April last.

Mary Rogers, was likewise indicted a 2d time for stealing a Handkerchief , the Goods of the said Richard Smith : But it appearing that the Prosecution was set on foot on account of a Quarrel between the Prosecutor and the Prisoner, and no Proof of the Fact, the Jury acquitted her.

Mary Smith , of St. Giles's in the Fields , was indicted for privately taking the Sum of 6 s. and 6 d. from the Person of Lewis Hellier , the 24th of August last: But the Fact not being prov'd to the Satisfaction of the Jury, she was acquitted .

Walter Baily , and Benjamin Barnard , of St. Mary Islington , were indicted for cutting off 3 Ounces of Hair from the Mane of a grey Mare of Samuel Pullen , the 1st of May last: But this Fact not appearing to the Satisfaction of the Jury to be a Felony, they were acquitted .

John Jones , of St. Allhallows Staining , was indicted for stealing 70 lb. of Lead from the Freehold of John Hudson , the 8th of August last. The Fact not being plainly prov'd, the Jury acquitted him.

Margaret Laurence , of St. Andrew's Holborn , was indicted for that she, together with Esther Morgan , not taken, did feloniously steal a Gold Watch, Chain, and Seals, value 24 l. a Gold Snuff-Box, value 18 l. a Diamond Ear-ring, one Velvet Gown and Petticoat, and other Suits of silk Cloaths, and divers other wearing Apparel, Silk and Linen, as Head-Dress, Ruffles, Laces, &c. to the Sum of 80 l. and 40 Guineas, the Goods of Martha Thorold, in the Dwelling-House of the said Martha Thorold , the 9th of July last.

Madam Thorold depos'd, that the Prisoner had been her Servant , but had been gone from her about a Fortnight; and that she went out to pay a Visit about half an Hour after Five a-Clock in the Afternoon, the 9th of July last, and returning Home about half an Hour after Eight, could not get any Entrance; whereupon her Footman went round about, and got in the Back-way, where he found the Doors backwards all open, and opening the fore-Door, let her in, saying, Madam you are robb'd; that she going into her Rooms, found her Cabinet broken open, and the Drawers, &c. all thrown about the Room, and the Goods and Money mention'd in the Indictment, gone, and finding her Servants, and examining them; Betty Loyd pretended to have been bound, and that the Robbery was committed by two Persons, who they did believe were Men in Women's Cloths; and that the Servants did not own for a considerable time that they knew who the Persons were that had commited the Robbery.

Elizabeth Loyd depos'd, That the Prisoner came about a Fortnight after she had left Madam Thorold's Service, along with Hester Morgan , to their House; that they ask'd them to stay all Night, which they did, and all the next Day, 'till her Mistress were gone out; after which, Margaret Laurence pull'd her into the Men's Room, telling her, She had her Mistress and thrown her down on the Bed, took off her Garters, and tied her Hands, &c. with her Garters, and then they went and rifled the House; that they were busy in doing it for about 3 quarters of an Hour, and afterwards she saw them go out at the Back-Door, having each of them a large Bundle under their Riding-Hoods; but she could not tell what was in them.

Lucy Hart depos'd, That She being busy in getting up Mrs. Thorold's Head-cloaths, heard Betty Loyd shriek out, and presently the Prisoner and Hester Morgan came into the Room, and told her, They had a mind to rob Mrs. Thorold of her Money; that she desir'd them not to talk of any such thing; her Conscience would not let her consent to it; that the Prisoner replied, If Taylor and Weldon (two former Servants) had been there, they would have been glad of the Opportunity; that she not consenting, but crying out, Hester Morgan damn'd her, and threatened her, that if she made any Noise or Opposition, she would kill her; that they at first ty'd her, but afterwards let her loose again, and lock'd her up.

Thomas Booth , the Constable, depos'd, That the Prisoner being apprehended, did at last own the Fact; that she had pawn'd a Pair of Stays a Gown and Petticoat of Mrs. Thorolds, and told them where Hester Morgan lodged, at one Forster's, a Shoemaker in Tash-Street; that he went thither, and Hester Morgan being gone out, he demanded the Key; but that not being deliver'd, he search'd the Room, but not finding them; after menacing the People of the House, was told, that the Goods had been carried to a Trunkmaker's in Holborn, which by Enquiry being found, they were inform'd, that Morgan having bought a large Trunk the Things were put into it, and carried away by a Porter; that the Porter being found, he carried him to one Mr. Busby's, where it was found; but Hester Morgan was not there, not had they yet had an Opportunity of apprehending her.

Mr. Busby depos'd, That she had known Hester Morgan several Years, and took her for an honest Person; that meeting with her, she said she was coming out of Place, and desir'd her to recommend her to a Lodging in an honest House, whereupon she told her she might lodge with her, and the Trunk and a Bundle was brought in: The Constable added, That the Prisoner being ask'd the reason why she had robb'd Madam Thorold? she replied, That she did it not for Want, but for Spite, she having us'd her ill.

Mr. Chambers, the Pawn-broker, depos'd, That having heard of Madam Thorold's being robb'd, and suspecting that the Stays, Gowns, &c. which the Prisoner had pawn'd to him, were Madam Thorold's, he went and acquainted her he had such Things, which she having own'd, they were produced in Court, own'd by the Prosecutor, and sworn to be pawn'd by the Prisoner.

The Prisoner in her Defence pleaded, that she receiv'd those Cloaths from Hester Morgan , to pawn for her, who pretended that Madam Thorold had given them to her. She pleaded likewise, that Elizabeth Loyd desir'd her to take off her Garters, and bind her with them and likewise to Gag her, that her Mistress might have no Suspicion of her; that the Evidences, Loyd, Hart, and Morgan, had contriv'd the Robbery, and she had been sent to four Several times to commit it, and that they were all four to have gone down into Wales; and that she had none of the Things but the Gown, Petticoat and Stays before-mention'd, and knew but of 12 Guineas to have been taken by Morgan. The The Fact being plainly prov'd, the Jury found her guilty of the Indictment. Death .

At receiving Sentence, the Prisoner did not, as usual, plead her Belly, but begg'd of the Court to consider that she was a young Person, and threw herself upon the Mercy of the Court.

Mary Fuller , of St. George's in the East was indicted for assaulting in an open Place, near the Highway, call'd Blue-Anchor-Alley , Elizabeth Booth , an Infant of 5 Years of Age, putting her in Fear, and taking from her a Chrystal Locket set in Gold, value 15 s. and a Pair of Gold Ear-rings , the 21st of July last.

It appear'd by the Evidence, that the Prisoner was seen by the Child, and the Child immediately crying she had taken her Ear-rings, an Outcry being made, the Prisoner ran away, and Several People after her; that she at last being stopp'd, the Locket and Ear-rings were found on the Ground at about 20 Yards distance, before she was stopp'd; but there not being sufficient Proof of her dropping them, the Jury acquitted her.

Daniel Bolton , of Harrow on the Hill , was indicted for feloniously stealing a brown Gelding, value 8 l. the Property of Thomas Page , the 15th of August last.

The Prosecutor depos'd, That two suspected Persons, who lurk'd about there, having been seen that Day viewing the Horses in the Field, he apprehensive of the their ill Design, went out with his Man that Night about 9 or 10 a-Clock, to observe, saw the Prisoner bring the Horse over the Hedge, hearing another Person on the other Side of the Hedge putting him forward; that he immediately stopping the Horse, the Prisoner quitted the Horse, and ran into the Hedge, but not being able to break through it, was immediately apprehended; but the other Person on the Field-side, made his Escape; that the Prisoner being ask'd what he did with the Horse? answer'd, He intended to bring him again in two Hours; but the Prosecutor not believing him, secur'd him; the Fact being plainly prov'd, the Jury found him guilty of the Indictment. Death .

George Wood and Joseph Pinhorn , of Allhallow's the Great , were indicted, for that they, together with Charles Hoskins and William Weatherly , not yet taken, did assault in an open Place near the Highway, Call'd George-Alley , and feloniously take from the Person of Henry Thorp , deceased, 2 Gold Rings and a Hat , the 29th of May last.

William Thorp depos'd, That the Deceased, who was his Brother, himself, and his Mother, having been at a Friend's House, at an Entertainment, in Oldstreet, returning Home at Night about 8 or 9 a-Clock, left the Deceas'd at a Relation's House in Golden-Lane, expecting him to follow them Home to London-Bridge, where he dwelt; but he not coming Home as was expected, his Servant having been sent out, brought word the next Morning, that the Deceas'd was found dead, hang'd in St. George's Fields ; that thereupon he got the Coroner's Warrant to have the Body brought to St. Magnes Church, in order to be interr'd in the Family Vault; that while the Corpse was there, Mr. Strutton's Son, the Grave-digger, as he was inform'd, open'd the Coffin to look on it, and immediately said, This is the Person that was robb'd such a Night; the Lad giving an Account of four Persons that were there; upon which the Prisoners were apprehended; that some time after Pinhorn's Wife came and told him, that if he would give them a Discharge, she would help him to the Hat and two Rings again; that Pinhorn did pretend to make a Discovery of the Robbery, but afterwards declin'd it; that George Wood own'd the Rings had been pawn'd where they met together at an Alehouse, the Rose in Miles's Lane; and that they were the next Day taken out and sold to one Joynes a Goldsmith for 17 s. and 6 d. The Rings were produced, and likewise the Deceased's Hat was brought by a Porter, as he said, from Pinhorn's Wife, having been procur'd from the Person to whom it had been sold for 4 s.

Mr. Strutton confirm'd the former Evidence of his Son's making the Discovery of the Deceas'd being the Person who he said had been robb'd, and of his giving some Account of the Prisoners; end added, That he dwelling at the Corner of George-Alley, did hear about 10 or 11 a-Clock at Night a Noise and Bustle in the Alley; went down to see what was the Matter, and did see Several Persons there, who ran away at his coming.

Stephen Anthony depos'd, That coming by Cole Harbour, he heard a Noise, and going and enquiring what was the Matter? George Wood said that two Men had been sodomiting; that he observ'd the Deceas'd, who was one of them which they charg'd with it; that he appear'd to be an elderly Man; that his Wig was a light-colour'd Wig, and his Handkerchief was ty'd to the Button of his Coat; and that he was found hang'd in this Handkerchief; that while the Prisoners and the rest were menacing of the Deceas'd to carry him before a Magistrate, the Deceas'd begg'd for God's sake that they would not expose him to the World, and he would give them any thing; that William Weatherly got 1 s. 6 d. of the Deceas'd, he saying that he had no more; that George Wood would have a Crown; that they saying he had Rings, the Deceas'd ask'd them if they would be content with them, and let him go? That having given George Wood a Ring, or Rings, he said it was Brass, the Deceas'd reply'd, No, it is Gold; and that the Deceas'd did not insist upon denying the Fact; but said he had not been guilty of it for 5 Years; that the Deceas'd said to the Prisoners, Throw me into the Thames; some of them reply'd, No they would not, then they should be hang'd for him; that upon the coming up of Mr. Strutton, they all ran away.

Mr. Strutton depos'd, that he did hear the Charge of Sodomy mention'd. This being the Prosecutor's own Evidence, it appearing that tho' the taking the Things and Money of the Deceas'd on the before-mention'd Consideration, was not justifiable, yet being given, did not amount to a Felony in the Receivers, the Jury acquitted them.

Charles Ditcher , of St. Michael's Cornhil , was indicted for feloniously stealing 2 Pewter Dishes, with a Breast and Neck of Lamb, and a Ham of Bacon , the Goods of John Elliver . the 17th of July last: but no-body appearing against the Prisoner, he was acquitted .

Sarah Tinsley , of St. Dunstan's in the West , was indicated for feloniously stealing a Dimity Mantle, value 5 s. the Goods of John White , the 28th of May last; but the Evidence not being sufficient to convict the Prisoner, the Jury acquitted her.

Barbara Tucker , of St. Margaret's Westminster , was indicted for feloniously stealing 3 Yards of Edging Lace , the Property of Katherine Gifford , the 20th of May last. It appear'd by the Evidence, that the Prisoner was employ'd as a Chairwoman found in her Lodging. The Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d

[Whipping. See summary.]

Francis Clark , of St. George Hanover-Square , was indicted for assaulting Randal Goslin on the High-way, and taking from him 6 s. 6 d. the 18th of March last; but it appearing to be rather a Quarrel than a Robbery, and that the Money was lost while the Prosecutor was fighting with one Vandike, who had been try'd for the same at a former Sessions, and was acquitted; the Jury acquitted the Prisoner also.

Benjamin Rand , of Fulham , was indicted for breaking the House of John Rand , in the Day time, no-body being therein, and Stealing a silver Spoon, and other Goods, and 19 l. 16 s. in Money , the 27th of July last.

John Rand depos'd, That while he was in his Garden, himself and Servants gathering Pease, the Side of his House, being lathed and plaster'd, was broken through, and the Money, &c. was taken away; that he being inform'd that the Prisoner, much about that Time, was seen running from the House, cross the Field; he suspected him, and thereupon advertised him in a News-Paper; that some time after being apprehended, he offer'd to help him to 17 or 18 l. of his Money if he would forgive him, having acknowledg'd he committed the Robbery.

William Powel depos'd, That when he apprehended the Prisoner, he had but little Money about him; but he found a Purse with a Promissory Note for 5 l. and some other Papers; this Purse and Note was sworn to by the Prosecutor.

William Stephens depos'd, That happening to be drinking with the Prisoner, he gave him 17 l. in Silver to change into Gold, which he did, giving 10 Broad Pieces, 4 Guineas and a Moidore for 17 l. the Prisoner giving him a Shilling; so that the 17 l. offer'd, and which was produc'd in Court, was not the same Money that the Prosecutor lost.

Mr. Clows deposed, that the Prisoner came to drink at his House with another Person, and did desire him to lay the Money by for him, in order to get his Discharge of the Captain he being a Soldier; the Sirname of the Prosecutor and the Prisoner being the same, the Judge suspecting that the Prisoner and Prosecutor were Relations, put the Question to the Prosecutor, and he reply'd, that he was his Son; upon which, he ask'd him how many Sons he had? he reply'd, he had none but the Prisoner; who was a stout, tall Fellow, and seem'd to be not far from 40 Years of Age.

The Uncle of the Prisoner likewise depos'd, That the Prisoner did offer to restore to his Father 17 or 18 l. if he would not Prosecute. The Prisoner did not deny the Fact, and tho' the Prosecution seem'd so un-paternal. being against an only Son, yet the Fact being so plainly prov'd, the Jury found him guilty of the Felony, but acquitted him of the Burglary .

[Transportation. See summary.]

Ann Cragg , of St. Martin's in the Fields , was indicted for privately taking 3 Broad Pieces from the Person of Francis Vassal the 26th of July last.

The Prosecutor depos'd, that the Prisoner met him in the Hay-Market, and ask'd him to drink a Glass of Wine with her; that he went with her to a House in Chick-Lane , and there they drank a Bowl of Punch together; that he having receiv'd Money that Day, when he came to pay the Reckoning, miss'd 3 Broad-Pieces; and that a Constable coming in, she was stripp'd, and one Broad-Piece dropp'd out of her Stocking.

James Walkins , a Constable, depos'd, That he having a Search-Warrant, and that House being a notorious one, he went thither, and found the Prisoner and Prosecutor together in a private Room; and he asking the Prosecutor if he had lost any Money, he said he had lost 3 Broad-Pieces; that thereupon the Prisoner being search'd, had Half a Crown, and 2 s. in Silver, and she readily stripp'd off her Cloaths to her Shift, but no Gold was found, till pulling off one of her Stockings, a Broad-Piece dropp'd cut; that the Prisoner pretended the Prosecutor gave it her; but he denied it; and he asking her why she did not put it in her Pocket? she answer'd, Because some Gentlemen when they have made a Woman a Present, will take it away again.

The Prisoner, in her Defence, pleaded at the Bar that the Prosecutor gave her the Broad-Piece for her Conversation, and promis'd to give her more, and to prove it, call'd the following Evidences.

Mary Udney depos'd, She being at the House where the Prosecutor and Prisoner were drinking together, the Woman of the House desir'd her to carry up a Dram; that when she came up, the Prisoner, as she sat at the Table, had a Piece of Gold in her Hand, and she heard her say she would bring home her Cloaths with it, and was trying the piece of Gold with her Teeth, the Prosecutor being present, they being drinking of Punch.

Elizabeth Coney depos'd, That she had brought Home a Gown to the Women of the House, and the Prosecutor or Prisoner knocking, she was desir'd to go up, because the Woman of the House had the Gown about her, she being then sitting the Sleeves; that when she went up, they were both sitting at a Table, and a Mop was ask'd for to clean the Room, the Prosecutor having been sick, had vomited; that at that time the Prisoner had a broad, thin Peace of Money in her Hand, and laid it down open on the Table, and said she had a silk Gown out a Pawn, she would fetch it Home, and she (this Evidence) being a mantua-maker should alter it; that the Prosecutor was making much of the Prisoner, telling her, He would take Care of her as long as he liv'd, and would provide for her; that the Prisoner said she had a Child, and she would not leave it for all the Men in the World, and the Prosecutor reply'd, he would put it out to Nurse. Upon a full Hearing of the Evidence, the Jury acquitted her; upon which she ask'd for the Broad-piece that the Constable took from her, and as it was not prov'd to be stolen, it was delivered to her.

Martha Jesse, alias Jessop , of St. Giles's in the Fields , was indicted for feloniously stealing a silver Mug, Spoons, &c. in the Dwelling-House of John Richardson , the 6th of April last. The Prosecutor depos'd, the Prisoner was a Lodger in his House, and was employed as a Chair-Woman to clean a Room where the Plate stood; that she having a Child, the Child sat in the Room in a Chair; that his Wife being abroad, and he call'd into the Shop to serve a Customer, in the mean time the Prisoner took the Opportunity to carry away the Goods, leaving the Child behind her; that he could hear nothing of her till very lately, when upon her Apprehension, she own'd the selling the Mug, &c. in Fleetstreet, but he could find none of them. The Fact being plainly prov'd, the Jury found her guilty to the Value of 39 s.

[Transportation. See summary.]

William Simpson , of the Parish of St. Sepulchre's , was indicted for feloniously stealing a Black Gelding, value 10 l. the Property of John Tail , the 17th of August last. The Prosecutor depos'd, he dwelt at Ashamstead , and that having lost two Horses out of his Ground, he missing them in the Morning, and finding an old blind Horse left in their stead, all in a Sweat, and the Saddle-mark on his Back, then conjectur'd that his Horses were but newly stolen; there upon he took his Horse, and immediately rid in search after them; that coming to the Turnpike, he, upon Enquiry, was inform'd that 2 Horses, whose Marks exactly answer'd to those of his Horses, pass'd through the Turnpike between 3 and 4 a-Clock that Morning; that going on, and by several Enquiries he was inform'd by a Carrier that he might find one of his Horses at Maidenhead, which he did; and at an Inn there, was told, that if he rode to London, he might meet with the other there; that thereupon he rode to London, and going to the Rose-Inn on Snow-Hill, and enquiring for the Horse there, receiv'd Intelligence that such a Horse had been there, but was sold; that then he went to the Toll-Man in Smithfield, and there he was told, the Horse was gone to the Green-Yard, that none coming to vouch for the Horse but the Hostler, the Buyer, one Mr. Hyburn, not being satisfied with him, as a Voucher, had left the Money in his (the Toll-man's) Hand till the next Morning, when the Prisoner was to bring more satisfactory Vouchers; that thereupon he got the Prisoner secur'd; and he owning the Horse, Mr. Hyburn, the Buyer, had his Money return'd. The Fact being plainly prov'd, and the Prisoner having little to say in his Defence, but that sometimes he bought him; and at other times, he bred him; neither on which he could prove; but the contrary of which being prov'd upon Oath by the Prosecutor, the Jury found him guilty . Death .

Henry Mitchel Arnold of the Parish of All-Saints , was indicted for burglariously breaking the Dwelling-House of Dennis Rolls , and feloniously taking 8 Guineas, 5 Silver Spoons, a silver Cup, &c . the 17th of July last. The Prosecutor depos'd, that the Prisoner was be Apprentice and that he came up to him about 3 a-Clock in the Morning, telling him, that he had been robb'd; that he going down Stairs, found that there had been a Hole cut in the Shutter of the Shop-Window, that the Lock of the Compting-House Door and Desk had been wrench'd open, and the Money and Plate was gone; that the Pewter and Brass of the Kitchen were bundled up, and laid near the Shop-Door, a tho' in Order to be carried away; that however he did not suspect the Prisoner, 'till some Neighbours coming in, told him they suspected that the Thief must be some of his own Family; that thereupon he sent the Prisoner out of an Errand, and while he was gone, searched his Bed, which was in the Shop, and there found the silver Spoons; that the Prisoner coming Home he charg'd him with having a Knowledge of the Robbery, and shew'd him the silver Spoons; that then the Prisoner did confess it, and shew'd him where he had hid the Money, Cup, &c. between some Joists in the Cellar. The Fact being plainly prov'd, the Jury found him guilty of the Indictment. Death .

Thomas Greneway , of St. Giles's Cripplegate , was indicted for feloniously stealing a silver Tankard , the Property of Thomas Fletcher , the 26th of August last. Mr. Fletcher depos'd, That the Tankard being missing was search'd for, but not being found, his Wife and self went into the Children's Room, who were in Bed, a Child in Bed, about 7 Years of Age, cry'd out, Mammy, don't 'fright your self, I can tell you of your Tankard, I saw Greneway put it under his Coat: That thereupon he went to the Prisoner's House, he having been an old Acquaintance, and frequently at his ( the Prosecutor's) House; that the Prisoner for some time deny'd it, but at length own'd it, and that he had sold it to a Goldsmith in Whitechappel; that thereupon he went with the Prisoner to the Goldsmith, who own'd that he did buy a Tankard, but not of the Prisoner; that he shew'd him 2 Tankards, but refus'd to shew him the Tankard he had lately bought; and the Tankard was not produc'd till next Morning, when it was brought to his House by 2 Persons. The Fact being plainly prov'd, the Jury found the Prisoner guilty to the Value of 39 s.

[Transportation. See summary.]

Joseph Top , of St. Sepulchre's , was indicted for feloniously stealing an undy'd Hat , the Property of James and Robert Convel , the 21st of August last. It appear'd by the Evidence of the Prosecutor, that the Prisoner was his Journeyman , and had stolen the Hat, and sold it to one Mr. Thompson. The Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Jane Patten, alias Pottenger , of St. Sepulchre's , was indicted for feloniously stealing printed Linen and Holland , the Property of Willoughby Johnson , the 24th of July last. The Fact being plainly prov'd, the Jury found her guilty to the Value of 10 d.

[Transportation. See summary.]

Mary King , and Ann Goodrick , of St. Botolph's Aldgate , were indicted for feloniously stealing 4 Gowns and Petticoats, Head-Dresses, Linen, and divers other Goods , the Property of Mrs. Margaret Laurence , the 13th of August last. It appear'd by the Evidence that the Prosecutor lodg'd and boarded at the House of the Prisoners; that being ill there, the Prisoners took the Prosecutor's Goods and pawn'd them. The Fact being plainly proved, the Jury found them both guilty to the Value of 39 s. each.

[Transportation. See summary.]

Thomas Kingsberry , of St. Martin's in the Fields , was indicted for breaking the House of John Salisbury in the Night-time, and steal 2 Perriwigs and a Great Coat, the Property of John Salisbury , the 2d of June last. The Prosecutor depos'd his House was broken open; and the Wigs were found where the Prisoner had sold them. The Jury found them guilty of the Felony to the Value of the 39 s. but the Burglary not being sufficiently prov'd, he was aquitted of that .

[Transportation. See summary.]

Joshua Shermandine , and Thomas Thomson , of the Parish of Hamstead , were indicted for feloniously stealing 2 Geese and a Gander , the Property of , the 16th of July last. The Fact being plainly prov'd, the Jury found them guilty to Value of 10 d. each.

[Whipping. See summary.]

William Rogers , was indicted, for that he having been convicted of the Felony at a Sessions held the 14th of January, in the 12th Year of his late Majesty King George, for which he was transported, did return from Transportation before the Expiration of 7 Years . He being prov'd to be same Person, the Jury found him guilty . Death .

Mary Emmet , of St. Giles's in the Fields , was indicted for stealing a Purse, a Medal, and a Ring , the Property of Wm. Green , the 1st of May last. The Fact being prov'd, she was found guilty to Value of 10 d .

[Whipping. See summary.]

Elizabeth Willis , was indicted for stealing 2 Shirts, &c. the Property of John Ester , and a pair of Breeches, the Property of George Sheffield , the 28th of July last. The Fact being prov'd, the Jury found her guilty to the Value of 10 d.

[Whipping. See summary.]

Samuel Shepherd , of St. Paul's Shadwell , was indicted for feloniously stealing a pair of Shoes and a Hat, value 1 s. the Property of John Johnson , on board the Ship Eagle , the 17th of August last. The Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Richard Hull , of St. James's Westminster , was indicted for feloniously stealing 2 pair of Stockings , the Goods of Philip Hetherington , the 26th of July last; but no-body appearing to make good the Charge, the Jury acquitted him.

John Pinzack , Haberdasher , was indicted for a Misdemeanour, for that he had exercis'd the Trade of a Felt-maker, or Hat-maker, without having serv'd 7 Years to that Trade . Thomas Eaton depos'd that he was a Felt-maker, having serv'd 7 Years to it; that he had wrought as a Journeyman to the Defendant from the 3d of September to the Beginning of January last, who mix'd and weigh'd him out the Wool; gave him Directions for making the Hats, and Sizes, &c. The Counsel for the Defendant did not deny the Fact; but alledg'd that the Defendant was a Freeman of the City, and of the Company of Haberdashers, who had been incorporated and intrusted with many Privileges by a Charter in the 26th of Hen. VI. and 16th of Hen. VII. and also in the 1st of Hen. VIII. under the Denomination of Hurrers, Cappers, and Hatter Merchants; that they had been united, &c. and made all one Company; they likewise call'd Evidence to prove that the Defendant had serv'd an Apprenticeship to one Mr. Cam, a Haberdasher of Hats; and that he likewise had married a Widow who had been Wife to 2 Hat-makers; but it was not allow'd that the latter could give him any Title to the Trade, The Informant's Counsel urg'd, that the Act of Parliament was subsequent to all the Charter; that had been produc'd, and by that the former Liberties of the Haberdashers, if they had any such by their Charters, were restrain'd by the Penalty of 5 l. a Month. After a full Hearing of the Matter, the Jury found the Defendant guilty of practising the Trade of a Felt-maker for one Month, without having serv'd his Time to the Trade.

Peter Crowes , of St. John Wapping , was indicted for feloniously stealing 34 Pair of Stockings, value 3 l. the Goods of John Stephenson , on board the Ship Coronation . There were no Witnesses that could prove that the Prisoner did take the Stockings and several Officers of the Customs gave him a good Character, he was acquitted .

Timothy Robinson , of St. Mary Woolnoth , was indicted for feloniously stealing a Guinea and 2 s. the Property of Joseph Bell Esq ; the 4th of August last. Col. Bell, Comptroller of the Post-Office depos'd, that the Postmaster-General having had several Complaints made to him concerning Money, Rings, &c. being inclos'd and sent in Letters, having been lost, he was order'd, if possible, to find out the Persons who were guilty of such Practices, and thereupon laid the following Scheme in order to come at a full Discovery, viz. He order'd Mr. Sawtell one of the Officers, to write a Letter directed to Mr. Williams on Board the Ship Cornwall, to be left at the Posthouse, Portsmouth, bidding him write it in as ordinary a Hand as he could; this being done, he put into it a Guinea and 2 s. wrapp'd up in a Piece of Paper, and seal'd the Letter with a Thimble, and then order'd Mr. Dickenson to put it into a Box among other Letters which the Prisoner was to stamp and face that Night: Then he gave Dickerson Orders how to behave in order to detect him. John Sawted depos'd, that he did write the Letter according to Col. Bell's Direction, and saw the Money put in, and the Letter seal'd; and that the Letter then produc'd in Court was the same he had writ. Richard Dickerson depos'd, that he gave the Letter to Mr. Archer, and saw him put it into the Box; and that his Eyes were never off the Box 'till the Prisoner took the Letters out to stamp and face, which being done, the Prisoner went out of the Office; upon which he and Mr. Archer look'd over the Letters, and miss'd that Letter aforesaid; then he went into the Yard, and found the Prisoner, and charg'd him with a Letter that was missing, which he deny'd; but searching him, the Letter and Money was found in a little Pocket between his great Pocket and the outside of his Wastecoat. Mr. Archer depos'd, that Mr. Dickerson being Officer of the Night, gave him the Letter, and he put it into the Box; and that the Prisoner being sent out to get some Pipes, he went and look'd over the Letters, and that Letter was missing; that they went after him, and charg'd him with it, but he deny'd it; that Mr. W. came, and they went into the Comptroller's Room; that there the Prisoner pull'd out his Pockets, but no Letter could be found; but feeling about his Pockets, he felt a Lump, but could not find the Way into it, but said they must cut it out; at last they found a little Opening, but so narrow, that the Letter was doubled up to get it in, Mr. W. depos'd, that on the 4th of August he went into the Inland Office, and Mr. Archer said to Mr. Dickerson, It is not here; that thereupon Dickerson said, the Prisoner had stolen a Letter; that they challang'd him with it, but he deny'd it; that carrying him into the Comptroller's Room, he being search'd, the Letter was found in a Little Pocket between the Pocket and the outward Part of his Wastcoat. The Prisoner in his Defence deny'd the Fact, and that he knew any thing of the Letter being in his Pocket; and as to the private Pocket, he said he had borrow'd the Wastcoat that Morning to wear: His Plea being incredible, the Jury found him guilty to the Value of 10 d.

[Transportation. See summary.]

Mr. Thomas Bambridge , late Warden of the Fleet Prison , having by Council mov'd the Court, praying that he might this Sessions be either Try'd, Bail'd, or Discharg'd; his Prayer was allow'd, the King's Attorney-General being out of Town, and he was admitted to Bail, giving sufficient Bail, to the Sum of 4000 l. viz. 2000 l. himself, and 2000 l. more his other Bail, as a Security that he shall appear in order to take his Tryal at the next ensuing Sessions.

Sarah Morgan , former Convict James Barton , former Convict

The Tryals being over, the Court proceeded to Judgement, as follows:

Receiv'd Sentence of Death, 5.

William Simpson , Henry Mitchel Arnold , Margaret Laurence , Daniel Bolton , William Rogers .

For Transportation, 26.

Charles Manning , Jeremiah Lily , Rebecca Dance , William Hughes , Philip Waters , Robert Newcomb , George Newcomb , George Powel , John Lovey , John Musgrave , James Forster , Benjamin Rand , Ann Berry , Hester Cross , Sarah Dufty , George Coleman , Martha Jesse , alias Jessop, Timothy Robinson , Thomas Greneway , Joseph Top , Jane Patten , alias Pottenger, Mary Steward , Mary King , Ann Goodrick , Thomas Kingsbury , Samuel Sheppard .

Burnt in the Hand 2. Thomas Hargrave , Sarah Morgan , former Convict .

Whipt 6. Barbara Tucker , Joseph Shermandine , Thomas Thompson , Elizabeth Willis , Margaret Emmet , James Barton , former Convict .