Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 September 2014), October 1730 (17301016).

Old Bailey Proceedings, 16th October 1730.

THE PROCEEDINGS AT THE Sessions of the Peace, and Oyer and Terminer, FOR THE City of LONDON, AND County of MIDDLESEX; HELD

At Justice-Hall in the Old-Bailey, on Friday the 16th of this Instant October 1730. Before the Right Honourable Sir RICHARD BROCAS , Knt. Lord Mayor of the City of LONDON; the Right Honourable the Lord Chief Justice Raymond; the Honourable Mr. Justice Denton; the Honourable Mr. Baron Cummins ; Mr. Serjeant Raby, Deputy-Recorder of the City of London, upon a Bill of Indictment found against Thomas Hassel , late a Sorter of Letters, at the General Post-Office, for feloniously taking a Bank Bill of Fifty Pounds out of a Letter: With the Pleadings of the Counsel on both Sides.

LONDON:

Printed for T. PAYNE, at the Crown in Ivy-Lane, near Pater-noster-Row . M. DCC. XXX.

(Price Four Pence.)

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 Friday the 16th of October, in the Fourth Year of His Majesty's Reign.

BEFORE the Right Honourable Sir RICHARD BROCAS , Knt. Lord Mayor of the City of London; the Right Honourable the Lord Chief Justice Raymond, the Honourable Mr. Justice Denton ; the Honourable Mr. Baron Cummins ; Mr. Serjeant Raby, Deputy-Recorder of the City of London.

The Names of the Jury.

John Say .

John Clarkson .

Humphrey Pugh .

Joseph Clare .

Thomas Hows .

William Dovey .

William Burton .

Thomas Templeman .

Joseph Bailey .

Edward Dollar .

William Hill .

John Barnes .

Thomas Hassel , of St. Mary Woolnoth , was indicted for feloniously stealing a Bank Note of 50l. signed by Joshua Odams , for the Company of the Bank of England, which Note was payable to Francis Reynolds , Esq; or Bearer, and was then the Property of John Ardern , the Sum of 50l. not having been satisfied to the said John Ardern , in the Dwelling-House of Edward Carteret and Edward Harrison , Esqs ; on the 15th of June last.

His Majesty's Attorney General opened the Cause, by shewing, That this Indictment was founded upon two Statutes, viz. 12. Anne, which made it Felony without the Benefit of Clergy, to steal Goods above the value of 40 s. out of any Dwelling-house, and 2. Georgii 2di. whereby the stealing Bank-Notes, &c. is made Felony of the same Nature, and in the same Degree, and with, or without the Benefit of Clergy, in the same manner as if the Offender had stolen any other Goods of the like Value, with the Money due on such Notes, &c. And as to the Fact, Mr. Attorney General shewed, That at the same Time when the Fact was committed, the Prisoner was employ'd as a Sorter of Letters at the General Post-Office : That on the 13th of June last, John Ardern , Merchant of Manchester, in the County of Lancaster, did put in at the Post-Office at Manchester, a Letter with a Bank-Bill for 50 l. inclos'd, which Letter was directed to Henry Bury his Correspondent, dwelling in the Old Jury at London; that Mr. Ardern receiving no Advice of the Receipt of the said Letter and Note from Mr. Bury , was surpriz'd, and thereupon writes a second Letter to Mr. Bury, and also a Copy of the said Note. That upon the Receipt, Mr. Bury goes to the Bank, to give an Account of this Note, and to stop the Payment of it, and there found, that it had been paid on the 16th of June, three Days after it had been put into the Post-Office at Manchester . and the Day after (by the Course of the Post) it came to London, to one John Milton , a Ticket-Porter, for the Use of one Horn; that upon Enquiry, they found that this John Milton ply'd at Temple Bar , who inform'd them, that he did receive a Bank-Note of 50 l. by the Prisoner, who sent him to receive the Money, and did bring it to George's Coffee-House without Temple-Bar , and that he did receive it at the Bank, and paid it to the Prisoner at George's Coffee-House, and that he gave him Half a Crown for his Trouble, in the Presence of one of the Waiters at the Coffee House ; that the Prisoner having receiv'd it, was going to put it in his Pocket without telling it; but the Porter saying, Will you put the Money up without telling it? He then did tell it.

They supported the Charge by the following Evidences.

John Ardern depos'd , That on the 13th of June last, He put a Bank-Bill of 50 l. into the Post Office at Manchester , directed to Henry-Bury in the Old Jury, that he not receiving Advice of the Receipt of the said Letter and Bill, he sent him a second Letter; that thereupon he receiv'd a Letter from Mr. Bury, acquainting him that he had receiv'd no Bill; that he sent a Letter again to Mr. Bury with a Copy of the Bill. - This Evidence being ask'd, When he wrote this second Letter? reply'd, It was about the 24th of June, or thereabouts. He being ask'd, What Days the Post goes from Manchester ? reply'd, On Mondays, Wednesdays, and Saturdays. - Being ask'd, What Time he put it in at the Post Office? He reply'd , about 8 or 9 o'Clock on the Saturday Morning. - Being ask'd, Whose Property the Bill was? He reply'd, his own, he had paid Cash for it. - Being ask'd, Who it was sign'd by? He reply'd, as he thinks, by one Adams or Odam .

Thomas Illingsworth , Post-Master of Manchester depos'd, That the Letters were all pack'd up with his own Hand, and that he saw the Bag seal'd up. - Being ask'd, what Letters he sent up that Post? He reply'd, there were 124 Four-penny Letters, and 21 paid Letters, and that he sent with them a Note of the Number of Letters sent from thence that 13th of June, to the Post-Office in London, which it was customary for him so to do.

This Note was produce'd in Court, and he Swore it was the same Note by him sent up.

John Tustin depos'd, That he was a Sorter of Letters, and Assistant to the Clerk of the Chester Road. - Being ask'd, when the Mail came to the Post-Office the 15th of June, if he look'd into the Manchester Bag, to see if it came seal'd to the Office, and if he observed the Note sent by the Post-Master at Manchester , and that the Number answer'd thereto? He answer'd , Yes; and the Note being shewn to him, he swore it was the same Note that came on the 15th of June, in the Manchester Bag, to the Office, and the Number of Letters agreed therewith.

Joseph Bell , Esq; depos'd, That the Prisoner was a Sorter of Letters at the General Post-Office in London. - Being ask'd, How long he had been employed there? He reply'd, About six or seven Years, that on the 15th of June the Prisoner was employed to Sort the Letters. - This Evidence being ask'd, what the Business of a Sorter was? reply'd, That the Letters being taken out of the Bags, they were laid together, and then stamp'd and fac'd, and the Sorters take as many as they can conveniently carry, and carry them to their own Seats, they put them into an alphabetical Order for the Carriers to carry them out; that those Letters all go through the Hands of the Sorters. - This Evidence being ask'd, what time a Letter put in at Manchester would arrive at London? He reply'd, In two Days, that was the common Course; this Letter being sent the 13th, would come into the Office the 15th. - Coun. Did the Prisoner open the Bag? - Evi. No, he did not open the Chester Bag. - Coun. How many Sorters are there in the Office. - Evi. There are 8 or 9, the City is divided into fifteen Divisions, and these Divisions are afterwards subdivided for the Conveniency of carrying out the Letters.

Henry Bury depos'd, That Mr. Ardern informed him that he had sent to him a Bank Note for 50l. in a Letter, but he received neither Letter nor Note; that Mr. Ardern not having received any Advice from him, he sent him another Letter, with a Copy of the Note, telling him, he fear'd it had miscarried; that thereupon he went to the Bank to give Notice, in order to stop Payment, but found that the Note had been paid at the Bank the 16th of June, and complaining of the miscarriage of the Letter and Note, was there told, that the Matter should be inquir'd into, and found out, if possible.

John Milton , the Porter, who receiv'd the Note, being call'd to give Evidence, the Prisoner objected against his being admitted as an Evidence, for that there was an Indictment against him for Perjury; upon which he was call'd up to produce a Copy of Record of his Conviction, which might be had, if there were any such thing; he reply'd to this, That Milton might have been try'd, had not a Certioraris been brought on Monday or Tuesday, that he might be an Evidence against him; to this Objection, it was answer'd, That an Indictment being brought against a Person did not incapacitate him for being an Evidence before Conviction, that an innocent Person might be accus'd, and besides, there were often Tricks in those Proceedings; the Prisoner's Objections being over-rul'd, John Milton was sworn, and depos'd as follows.

That the first time he saw the Prisoner, was on the 16th of June, about 10 o'Clock in the Morning; that he was sitting upon a Bench in Mitre-Court, and the Prisoner having pass'd him about 10 or 15 Yards, stop'd, and coming to him, said, are you a Ticket Porter? He answering, yes; he ask'd his Name? He told him, John Milton , and giving him a Bank Note of 50l. bid him run to the Bank, and receive the Money, and make all the haste he could, and bring it to him , and was going away in a great deal of haste , he (this Evidence) call'd after him, saying, where shall I come to you with the Money? That the Prisoner reply'd , At George's Coffee-house, without Temple-Bar ; that then he said to the Pri soner, pray, Sir, what is your Name? That the Prisoner answered, Horn; that he went with all the haste he could to the Bank, and carrying the Bill to one Officer, they sent him to another, and that Person ask'd him, if he receiv'd the Money for himself? That he reply'd, no; that then he ask'd him, what was his Name? He told him John Milton, that then he ask'd him, who he receiv'd it for? He reply'd one - Horn, that then he was ask'd, if he knew the Gentleman? He reply'd, no; he never saw him in his Life before, that he being a Ticket Porter, he call'd him in Mitre Court , and sent him in great haste to receive the Money, but he knew not who he was, he might be a Highwayman, or a Thief for ought he knew; that the Person wrote on the Bill, John Milton , a Ticket Porter, and Horn; that he made what haste back he could, went to George's Coffee-house, and opening the Door to go in, the Prisoner stept up to him, saying, what made you stay so long? - Coun . How long were you in going and returning? - Evi. Three quarters of an Hour; that the Prisoner bid him throw the Money into his Hat, that he reply'd, I don't use to pay Money so, and beckoning with his Finger to Theophilus , a Waiter in the Coffee house, to see him tell the Money , that there were 47 Guineas, a half Guinea , and half a Crown in Silver; that he said to the Prisoner, Sir, I hope your Money is right; he reply'd, yes ; what must you have? That he reply'd , half a Crown, that the Prisoner reply'd, that is too much, two Shillings is enough, but he answering, he deserv'd half a Crown, the Prisoner said, here you Rogue take the half Crown; that he inquir'd in the Coffee-house, if they knew the Prisoner, and Phill. the Coffee-Boy, said, he had seen him, but did not remember his Name; that afterwards telling his Brother Porters that he had received a Bank Bill of 50 l. for a Gentleman, who he believ'd did not come honestly by it, they said to him he could not help that; that about a Week or 10 Days after he was ask'd, if he should know the Person for whom he had receiv'd the Bank Note? He said, he should know him from an hundred; that the Persons said to him they would send for him, when they wanted him; that accordingly he was sent for to the Post Office, and the Prisoner was brought into the same Room; and being ask'd, if he knew him (this Evidence?) he would not own he did.

The Prisoner objected against this Evidence, saying, That he was a Person of an ill Character; to this he reply'd, That he had been Porter thereabouts for twenty Years, and was very well known by most of the Gentlemen of the Law then in the Court, mentioning several of them then present. - This Evidence being ask'd, What Clothes the Prisoner had on at that Time? He answered, a lightish Suit of Cloaths with small Sleeves, and a lightish Bob-Wig, and not much in the Curl. - Coun. What Time was there between the Prisoner's sending you and your returning, and paying him the Money? It was 10 o'Clock when he first spoke to me, I came back in three quarters of an Hour, and when I came back it wanted a quarter of Eleven.

Theophilus Frowde depos'd, That he lives at George's Coffee-House , in Devereux Court . - Coun. What Time was the Prisoner at George's Coffee-House? - Frowde, At about half an Hour past Ten, when Milton came in to the Prisoner, I cannot be exact to a Minute. - Coun. What Day was the Prisoner at your House? - Frowde, It was on a Tuesday, I think it was the last Day but one of Term. I remember the House was very empty of Company, the Gentlemen being gone to Westminster. - Coun. Did you see Milton with the Prisoner there? - Frowde, Yes, The Prisoner met the Porter as he was coming in at the Door, and the Porter beckoned to him, and he saw him pay the Prisoner the Money; he being ask'd, if he knew how much Money? he reply'd, to the best of his Judgment, 50l. there were a great many Guineas, and there was a half Guinea, and half a Crown in Silver; that he ask'd the Porter, what he must have? And he said, there is an odd half Crown, give me that. - Coun. Are you sure the Prisoner was the Person to whom the Porter Milton paid the Money? Have you seen him before that Time? - Frowde, Yes, I thought I knew his Face, but could not tell his Name. My Father belong'd to the Post-Office 15 Years, and I have been there to assist my Father, and liv'd at Tom's Coffee-House in Cornhill , and had seen the Prisoner at the Post-Office, having often gone to the Post-Office for Letters. - Coun. What Dress was the Prisoner in when he was at George's Coffee House the 10th of June. - Frowde, He had a Light-colour'd Coat, with close Sleeves, and a Bob-Wig.

Mr. Shenton, one of the Cashiers of the Bank, depos'd, That the Note for 50 l. was brought to him in the Name of Horn, by John Milton , the Porter, and that he Sign'd it. - Coun. Do you use commonly to sign the Names of those to whom the Bills are paid? - Shent. I do; the Name of the Person who owns the Bill, but the Christian Name being wanting, I set the Porter's Name also to it. - Coun. Why did you set the Porter's Name? - Shent. It is some Time since, and with the Hurry of Business I do not at present remember, saving, because the Porter only brought the Name Horn, without a Christian Name . - Coun. Who was the Note sign'd by? - Shent. By Joshua Odam ; part of the Name being torn off, this Evi dence was shewn the Bill, upon seeing of which, he said, it was Mr. Odam's signing; that as to the tearing off part of the Name, it was their Custom when Bills were paid at putting them on the File, they tore off the Name, or part of the Name.

Joshua Odam depos'd, That he being one of the Cashiers of the Bank, it was his Office to Sign the Bank-Bills for the Governour and Company of the Bank, and that the Bill produced was of his signing.

John Bangham , a Teller at the Bank, whose Business was to receive and pay, depos'd, That the Note was brought to him on the 16th of June; being ask'd, if he knew what Time of the Day? He answered; No, he could not tell.

The Evidence for the King being gone through, the Prisoner was call'd upon to make his Defence.

The Prisoner deny'd that he was guilty of the Indictment, and urg'd two Points of Law to be argued by his Council.

I. That the Fact, if proved upon him, was only an Embezzlement and Breach of Trust, and did not amount to Felony. That he did not come within the Statute of the 2d of King George 2d. for that the Terms there, were in the Plural Number, any Bank-Notes, &c. And as to these Points referr'd himself to his Council, who were Mr. Serjeant Darnel, and Mr. Strange. The Prisoner's Council argued, That the Constitution of Offices was to be inquir'd into, that there were eight or nine of the Sorters, through whose Hands the Letters went promisouously , and that they gave Security for the faithful Performance of their Trust. That there are six Mails, and 50 or 60 Bags in each Mail, and many Letters in a Bag; that they are put together, and these Bags are not distinguish'd in a Heap, and the Sorters take from thence and sort them. That it being common for the Officers to give Security, as they suppos'd, (and it was admitted by the King's Council) the Prisoner had done, upon Account of any Embezzlement, the Security was answerable.

II. That as to the second Point, i.e. the Statute, the Expression being in the Plural Number, and the Fact being charg'd upon the Prisoner, being but one single Bank Note, they apprehended that the Design of the Parliament, was not to take a Man's Life away for stealing one single Bank Note, &c. but that there must be a Number of Notes. That Penal Acts are to be construed strictly, and no Act of Parliament can affect the Property, Liberty, or Life of Persons, but according to the Words of the Act. That in the Act, I. Edw. 6th. which made it Felony without Benefit of Clergy, to steal Horses, Geldings, or Mares, in the Plural Number; it was doubtful whether that extended to a Person that should steal one Horse, and that two or three Years after, viz. 2 and 3 Edward 6th, An Act was made that it should be Felony without the Benefit of Clergy, to steal one Horse, Gelding, Mare, &c. That as the Statute of 21 of Henry 8th, for rendering Servants liable for robbing their Masters, it required that their Masters should be the Owners of the Goods; but in the Defendant's Case, he was no Servant to the Owner of the Note; and that as to the Act of the 9th of Queen Anne, Chap. 10th, there are many Regulations. And in this particular Case they are required to take an Oath of Office, and that no Person shall detain or convey away any Letter that is deliver'd in at the Post-Office, without an Order under the Hand of the Secretary of State, upon the Forfeiture of 20 l. and render'd incapable of any Employment in the Post-Office. And that was all the Punishment design'd to be indicted by the Parliament for such Offences, therefore the Offender cannot be found Guilty of a Felony; but it was a Breach of Trust, as all that send Letters by the Hand of other Persons, repose a Trust in the Hands of those to whom they were committed. That all Penal Laws are to be construed strictly according to the Letter, and not to be extended by Equity. That the Words of the Statute being in the Plural Number, as Exchequer Notes, Bank Notes, &c. the Defendant being charg'd only with one single Note, cannot come within the Words of that Act, and so cannot be Guilty of the Offence by that Statute.

To these Objections it was answer'd by the Council for the King. As to the First, That this Offence was plainly Felony, and not a Breach of Trust, for the Prisoner had no possessory Property in the Bank-Note, but only a bare Charge over the Letter in which it was contain'd, to sort and put it in its proper Place; and therefore it was like the Case of a Butler, who had a Charge over Plate; or of a Shepherd, who had a flock of Sheep committed to his Care; or a Workman, who had Silk deliver'd to him to work, by a Silk-Throwster; in all which Cases, it had been held to be Felony, to steal any of the Goods so deliver'd to them, notwithstanding the Delivery. And Secondly, It was argued, That if the Prisoner had even a possessory Property in the Letter, as a Carrier has in the Goods deliver'd him to carry, (tho' it was insisted that he had no such Property, but only a Charge over it as before mention'd) yet still he would be Guilty of Felony, for by opening the Letter, the Privity was determin'd; and it had been adjudged, That if a Pack of Goods, or a Ton of Wine, were deliver'd to a Carrier, and he open'd it, and took out part of the Goods, or Wine, it was Felony in the Carrier.

And to the second Objection it was answer'd, That tho' the Penal Statutes are to have a strict Construction, yet they are to be construed reasonably, and according to the common Sense of Mankind; and the Sense and Meaning of this Statute, was very plain to extend to one Note, as well as to many: For the Words of the Statute, are any Notes, &c. and it afterwards follows, notwithstanding any of the Particulars may be termed in Law; a chose in Action, which plainly shews, that it was the Intention of the Legislature, to make the stealing of a chose in Action, which one single Bank-Note is Felony. And it would be a most unreasonable Construction, to say, that the Legislature intended to make it Felony to steal two Notes for 5 l. each, and yet that it should not be Felony to steal one Note of 10,000 l. And also what was said by the Council for the Prisoner, upon the Stat. 1 Edw. 6. It was answered, that there the Words were Horses, Mares, or Geldings, and not any Horses, &c. as in this Statute. And yet there it was only doubted, whether it did extend to one Horse; And that Stat. 23. Edw. 6. only declared, That the stealing of one Horse, should exclude the Felon of the Benefit of Clergy; which shewed, that the Parliament only gave their Judgment that it was Felony without the Benefit of Clergy, by Virtue of the first Acts, and the second was only to remove Doubts, and not make a new Law. And it was observed, that the Statute which makes it Felony to burn Barns, Hayricks , &c. was in the plural Number and it had never been doubted, but the burning one Barn, &c. was Felony by the Statute.

After these Objections were fully debated on both Sides, the Court declar'd their Opinions unanimously and clearly, that there was nothing in either of the Objections; but that the Offence, if the Jury believ'd the Witnesses for the King, was plainly Felony, without the Benefit of Clergy. - And the Prisoner's Objections as to the Point of Law being over-rul'd, he proceeded to make his Defence as to the Fact.

And he alledg'd he never saw the Note in Question, nor was in Devereux Court on the 16th of June; that he having been at the Swan and Hoop Tavern , in Cornhill, to eat Part of a Haunch of Venison, on the 15th of June at Night, the Company had made an Appointment to go to eat the Remainder hash'd the next Morning, that he on the 16th of June did not rise till 9 o'Clock in the Morning, and coming down Stairs, the Family were drinking Tea, that he drank Tea with them, that he being undress'd, his Brother came in, and he invited him to go with him to eat Part of the Haunch of Venison; that a Gentlewoman having sent her Maid to desire him to go with her that Morning to speak to a Gentleman at the Globe and Scepter Tavern in the Old Jury, the Maid coming to call him, he went thither with Mrs. Hall and the Maid, and inquir'd for one Mr. Burnaby , that he went from thence to the Swan and Hoop Tavern in Cornhill , in Company with the Gentlewoman and her Maid, and it was then between 10 and 11 o'Clock, that there he found Mr. Cadwallader , and other Gentlemen that had supped with him there the Night before, and did not go from that Tavern .

To prove this he call'd the following Evidences.

John Price depos'd, That he met the Prisoner at 4 o'Clock in the Afternoon in Fleet-street, on Monday the 15th of June, that they went to the Castle Tavern , and drank half a Pint of Wine; that he met him at 7 o'Clock the same Night, and supp'd with him at the Swan and Hoop Tavern on a Haunch of Venison, but did not see Mr. Hassel at all on the 16th of June; that he left him about 11 o'Clock at Night, but some of the Company staid there till 1 or 2 the next Morning; that the Venison not being dress'd as it should be, an Appointment was made to go to eat the Remainder of it hash'd the next Morning. - This Evidence being ask'd, who was at Supper? answer'd, There was a great Company, he believ'd there was four or five and twenty; being desir'd to name them, he said there was Mr. Reynolds, a Packer, in Mincing-Lane, Mr. Taylor, Mr. Cadwallader , Mr. Bridgwater, and many more whom he did not know.

Thomas Taylor depos'd, That he was at Supper on the Haunch of Venison, at the Swan and Hoop Tavern ; being ask'd, what time this was? reply'd, on Monday the 15th of June; being ask'd, what reason he had to be so particular as to the Day? He reply'd, That he had a Pad to be raffl'd for that Day Fortnight , which was the 29th, and he went thither to get Subscribers; that he staid there till past 2 in the Morning, that it was Day-light when he came away, but he did not go to Breakfast the next Morning.

George Reynolds depos'd, That he was at the Swan and Hoop that Morning that the Fact was said to be committed, and that the Prisoner was there. - This Evidence being ask'd, what Day this was? He answer'd, He could not be positive neither to the Day nor the Month, but he was there the Night before, it being a House that he us'd, and that there was an Appointment made to go to Breakfast on the Remainder of a Haunch of Venison the next Morning, being hash'd; that the Appointment was to meet there at 10 o'Clock ; he being ask'd, what time he saw the Prisoner there? He reply'd, he could not be exact, it was between 10 and 12.

Robert Hassel depos'd, That he knew nothing of the Fact, but upon the 16th of June he went to his Father's, and saw the Prisoner there, and he ask'd him to go to eat Part of a Haunch of Venison, but he having some Business did not go, that he drank Tea with his Father and Mother, and left his Brother at Home undress'd at between 9 and 10, or he believes 10 o'Clock .

Hannah Clark depos'd, That the Prisoner went out at between Ten and Eleven o'Clock, on the 16th of June, and had not been out before that Morning. - This Evidence being ask'd, What Dress he was in when he went out that Morning? She reply'd , He had on a white Coat, a ty'd Wig, and and a Silver-hilted Sword ; she being ask'd, what sort of Sleeves the Coat had? She answer'd, they were open Sleeves, that it was the same Coat he had on at the present time. - She being also ask'd, What reason she had to be so particular as to the 16th of June? reply'd, That her Quarter was up the 10th of June, and her Mistress had paid her her Wages on the Saturday; and that she was sent for to the Old Bailey, and desired to remember the Day. That the Prisoner ask'd her, if she could remember what time he went out that Day, and what Dress he was in when he went out? reply'd, That this was in the Yard at the Old Bailey the last Sessions, that he said he expected he should come upon his Trial. - Being ask'd, what Day of the Week it was? she said, she could not tell. - This Evidence being ask'd again, what time the Prisoner went out on the 16th of June? she answer'd, she call'd him up about 9, or between 9 and 10 o'Clock, and he went out between 10 and 11.

Elizabeth Battersea depos'd, That her Mistress sent her to Mr. Hassel's Father's in the Afternoon, to desire him to come to her Lodgings in the Afternoon. - She being ask'd, What was her Mistress's Name? She answer'd, Mrs. Hall, and he came; and according to an Appointment on Tuesday , her Mistress and she went out on Tuesday Morning; being ask'd, what time? She reply'd, as near as she could guess at 10 o'Clock, for as they went by St. Paul's, the Chimes went a quarter past 10, and that her Mistress said, they should be too late; that she went to Mr. Hassel's Father's, and he came down with his Sword and Cane, and they went to the Tavern. That Mr. Hassel went in, and came out again, and they went from thence to a Tavern over against the Exchange, and he stay'd talking with her Mistress some Time in the Alley, and then her Mistress came away. - She being ask'd, what Time it was then? She reply'd, it was 11 o'Clock. - This Evidence being ask'd, what Clothes the Prisoner had on? She answer'd, he had on a Light-colour'd Cloth, with broad Cuffs, a two tail'd Wig, a Silver-hilted Sword, and a Cane in his Hand, and were the same Clothes that he has on at the Bar? - She being ask'd, what Day this was? reply'd, It was the 16th of June, that she knew it to be that Day, because she went to a new Place on the Thursday, which was the 18th, and this was on Tuesday the 16th, and that her Mistress came to her, and desir'd her to recollect herself, as to the Day and Time. - She being ask'd, where Mrs Hall liv'd? She reply'd, in St. John's Lane, and that she had liv'd with her six Months.

Sarah Hall depos'd, That on the 15th Day of June, she receiv'd a Letter from a Gentleman that ow'd her some Money, and she sent her Maid to Basing-lane to the Prisoner's Father's, and desir'd him to go with her to the Globe and Sceptre Tavern in the Old-Jury , to meet the Gentleman; that it was a quarter after 10 o'Clock in the Morning, as she went by St. Paul's, and that when they came to his Father's, he came with his Sword and Came in his Hand, and they went together to the Globe and Scepter , and Mr. Hassel went in, and the Gentleman was not there; and that they afterwards went from thence, to the Swan and Hoop Tavern in Cornhill , and she believes it was then 11 o'Clock. This Evidence being ask'd, what Clothes the Prisoner had on at that Time? She answered, he had on a white Cloth Coat, full trim'd, a Silver-hilted Sword, and the Sleeve was a high cut Sleeve, as she thinks, the very same he has now on. - Being ask'd, who the Person that they were to meet at the Globe and Scepter Tavern was, and upon what Business? She reply'd, his Name was Burnaby , and that he was to pay her some Money that she had lent him, when he liv'd with the Countess of Sandwich. - Being ask'd, how long she had been acquainted with the Prisoner? She reply'd, she had known him between 3 and 4 Years. - Being ask'd, why she could not go to receive the Money that had been promis'd her, without Mr. Hassel? She reply'd, she did not care to go into the Company of a Man at the Tavern alone, and thought he might put her off, if by herself , when he would not, if Mr. Hassel were with her, and he being her Acquaintance, desir'd him to go with her. - She being ask'd, if she did not go by the Name of Hassel, when she lodg'd in Lambeth Marsh? She reply'd, No; she never went by the Name of Hassel. - Being ask'd, if she was not call'd by the Name of Hassel , when she was at Mrs. Seaman's in Lambeth Marsh ? She reply'd, she did never go by the Name of Hassel; she could not say what some might call her. - Being ask'd, if she did not know one Mrs. Seaman, at Lambeth-Marsh? She reply'd, No; whether she had ever been at Lambeth? She said, yes, a great many Times; whether she had never been in Mrs. Seaman's Company there? She answer'd, she might have happen'd to be in her Company, but she did not know Mrs. Seaman. - Being ask'd, if she had never seen a Gentleman that stood by her, one Mr. Douglass, who spoke to her, and ask'd her the Question? To whom she answer'd, she did not know that she had ever seen him in her Life; but at last did own, she had been at Mrs. Seaman's, but did not know she had ever seen Mr. Douglass.

James Cadwallader depos'd, That on the 15th of June, he was at the Swan and Hoop Tavern , over against the Royal Exchange, eating a Haunch of Venison, and that there was an Appointment made to eat the Reversion the next Morning; that he was there the next Morning, and Mr. Bridgwater, and the Prisoner. - Being ask'd, what Time he came? He answer'd, at 11 o'Clock, and went away about 1. - Being ask'd, when the Prisoner came in? He reply'd, he thought much about the same Time. - He likewise being ask'd, what Clothes he had on at that Time? He reply'd, much the same colour'd Clothes that he has on now, and he thinks in a ty'd Wig - Being ask'd, as to the Sleeves, he reply'd, he could not say as to the Sleeves, he did not take so much Notice.

Castle Thorp depos'd , That having a Haunch of Venison sent to him out of the Country, he invited some Gentlemen to the eating of it, having supp'd of it on the Monday Night; they met again to eat the Remainder on the Tuesday Morning for Breakfast, that the Prisoner was there at Breakfast. - He being ask'd, At what Time he saw the Prisoner there? He answer'd, he saw him there between 11 and 12, but he did not know that he saw him when he first came in; and that he stay'd there about two Hours. - He being ask'd as to the Prisoner's Clothes; He reply'd, that they were Light-colour'd Clothes, but as to the Wig, he could not tell whether it was a ty'd Wig, or not. The Prisoner ask'd this Evidence, if he did not put a Guinea into his Hand that time for the Raffle for the Horse? He reply'd, he did.

Benjamin Pickering depos'd, That he was there at Breakfast, and saw the Prisoner, but did not know what time he came in, nor could he say any Thing as to his Dress.

Walter Shelgold depos'd, That he was at the Swan and Hoop , and the Prisoner was there; being ask'd as to his Dress; He reply'd, he thought he was in white Clothes with a ty'd Wig and Sword; but as to the Day of the Month, he could not be positive.

- Wood depos'd, That he being a Poulterer, came to bring his Fowls to the Swan and Hoop that Day that they eat the remainder of the Haunch of Venison, that the Prisoner was there; he could not be positive as to the Day of the Month, that there was Mr. Thorp, Mr. Cadwallader, and several others; he believes it was between 11 and 12 o'Clock, that being the Time he usually carries his Fowls; that the prisoner had on light colour'd Clothes, and a light Wig, and he thinks such a one as he had on at the bar.

The prisoner call'd the following Evidences to the Character of the King's Evidences.

He alledges, that notwithstanding Theophilus Frowde had deny'd upon Oath, he had any Expectation of a Reward for Swearing against him, he had two Evidences to prove he had.

Samuel Slow depos'd, That he lived at the sign of the White Hart, over a against Devereux Court, and had known the Evidence, Frowde, half a Year, and that just after last Sessions, he came to his Master's Shop, and he ask'd him if he had been at the Sessions House, and if Mr. Hassel was try'd? That he reply'd, No; It was put off till the next Sessions; that he ask'd him, if he should have a good deal of Money if he hang'd Mr. Hassel? That he reply'd, Yes; He should have fourscore Pounds, for he knew all the Comissioners very well.

Edward Lynn, the Master of the foregoing Evidence, depos'd, that Theoph. Frowde, coming to his Shop for a Chocolate Cup, he asking him, why he was so rigid in the prosecuting Mr. Hassel, heard him say, that he knew the Commissioners very well, and that he expected a good Gratuity.

The Prisoner likewise call'd the following Evidences to the Character of John Milton, the Porter.

John Eddleston depos'd, That he knew John Milton, that he liv'd in the Neighbourhood, and that Milton was a Drunken Man, and an Idle Fellow, and a common Disturber.

Joseph Wood depos'd, That Milton has a bad Character among all the Porters that us'd the Inn, and that he would do no Man Justice. - This Evidence being ask'd if he thought he would forswear himself? He reply'd he did believe he would.

Mary Wood depos'd, that she did believe Milton to be a very wicked fellow.

George Dowdel depos'd, That he had so ill a Character, that when he has been desir'd to call a Porter for Gentlemen of the Inn, and gone back and told them there is none but Doctor, (for so they call'd him) the said, they would not employ him.

Benjamin Combs depos'd, He had sworn him out of an Estate of 30 l. a Year, and he would not try a Dog by his Evidence.

Richard Waits depos'd He knew Milton, but he never heard any Good of him, that his general character was that he was a sharping tricking Fellow, and that none of the Porters would have any Conversation with him.

Samuel Blakesly depos'd, That Milton was his Servant several Years since, that he has known him 30 Years, he was a very idle Fellow, and he would not trust him to try a Dog of his.

William Benson depos'd, That he had know Milton 23 or 24 Years, and that scarce any Man would give him a good Character, for his Character was very bad; and he being ask'd, if he thought he would foreswear himself? He answer'd, I believe he will hang me, or any Man else for Half a Crown.

The King's Council call'd several Evidences as to the character of Mrs. Hall, the Prisoner's Evidence; and also that of John Milton and Theophilus Frowde, viz.

Mr. - Douglas depos'd, that tho' Mrs. Hall had deny'd knowing him, or having ever seen him to her Knowledge, yet he had seen her several Times in the Company of the Prisoner, and that they were reputed Man and Wife the Summer before last, and that he has been walking in the Garden with her, and talking with her at Mrs. Seaman's in Lambeth Marsh, tho' she would not own that she knew Mrs. Seaman, or did remember she had ever seen him the said Evidence.

Messieurs Amyrant and Arbuthnot, and several others depos'd, They look'd upon Milton to be an honest Man, that he had been entrusted to receive Money, and always paid it honestly.

As to Theophilus Frowde, The Person who keeps Tom's Coffee-House in Cornhill, depos'd, that he liv'd with him four Years, and always behaved honestly, insomuch, that he entrusted him to keep the Bar; and the same Character was given him by the person who keeps George's Coffee-House, with whom he now lives.

After a full Hearing of the Matter, the Jury acquitted the Prisoner.

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