Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 October 2014), February 1733 (17330221).

Old Bailey Proceedings, 21st February 1733.

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

Wednesday the 21st, Thursday the 22d, Friday the 23d, and Saturday the 24th of February 1733, in the Sixth Year of His MAJESTY's Reign.

Being the Third SESSIONS in the Mayoralty of the Right Honourable JOHN BARBER , Esq; Lord Mayor of the City of LONDON, in the Year 1733.

NUMBER III.

LONDON:

Printed for J. WILFORD, behind the Chapter-House, near St. Paul's. M,DCC,XXXIII.

(Price Six 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 Wednesday, Thursday, Friday, and Saturday, being the 21st, 22d, 23d, and 24th of February 1733, in the Sixth Year of His MAJESTY's Reign.

BEFORE the Right Honourable JOHN BARBER , Esq; Lord Mayor of the City of London; Mr. Justice Lee; Mr. Baron Thompson , Recorder; Mr. Serjeant Urlin, Deputy-Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Thomas Plaston ,

Ebenezer Mussell ,

Samuel Hesky ,

Isaac Scot ,

Edward Gardner ,

John Giles ,

Jeremiah Lee ,

William Cope ,

Hugh Hacket ,

Peter Carew ,

William Robinson ,

William Middlebrook ,

Middlesex Jury.

John Henshaw , Gent.

John Blow ,

Richard Hall ,

Alexander Grant ,

Alexander Fry ,

Thomas Duns ,

Thomas Daniel ,

William Chisselholm ,

Daniel Brock ,

Thomas Chapman ,

William Cornish ,

Samuel Hawkins .

1. Margaret Garnet , was indicted for stealing three Yards of Grogram, a Suit of lac'd Cambrick Head-clothes, a lac'd Handkerchief, and a Padusoy Petticoat, the Goods of Edward Neal , Gent . in his House , December 21 .

The Prisoner was the Prosecutor's Servant . She went away Dec. 21. the Goods were miss'd, she was suspected, and being taken Feb. 9. confess'd that she had taken the Goods, and pawn'd them. They were found by her Direction, and the Jury found her Guilty to the value of 4 s. 10 d.

[Transportation. See summary.]

2, 3. Daniel Cobb and Samuel Wilkinson , were indicted for stealing 15 Gallons of Linseed Oil, and 50 Gallons of Rape Oil , the Goods of George Read , Feb. 5 .

Dugal Mac Norton and Henry Hooper (two Black-Shoe Boys) swore that they and the Prisoners stole the Oil off the Keys, and carry'd it away in their Baskets (which they clay'd within side) and sold it to a Currier in Blue-maid Alley, in the Borough, on three Sunday-Nights. Guilty .

[Transportation. See summary.]

4. Edward White , was indicted for stealing six Sheep , the Goods of Martin Jays , Jan. 11 . Guilty 4 s. 10 d.

[Transportation. See summary.]

5. Charles Hutchins , was indicted for privately stealing two Pair of Worsted Stockings, Value 9 s. the Goods of Thomas Street , in his Shop , Jan. 13 . Guilty 4 s. 10 d.

[Transportation. See summary.]

6. Martha Dixon , was indicted for breaking and entring the House of John Withers , and stealing four Tea-Spoons, a Pair of Tea-Tongs, and a Parcel of Linen, Jan. 11 . about 11 at Night . Guilty of Felony only .

[Transportation. See summary.]

7, 8, 9. Ann Hutchins , Ann Makepeace , Mary Silk , were indicted for stealing eight Shirts, and other Linen , the Goods of Elizabeth Brooksbanks , Dec. 29 . Guilty .

[Transportation. See summary.]

10. Elizabeth Coney , was indicted for privately stealing 10 Yards of Linen, value 30 s. the Goods of Compton Morris , in his Shop , Feb. 19 .

Compton Morris. The Prisoner came to my Shop for a Quarter of a Yard of printed Linen, for Robings, which she bought, and paid me 6 d. for. I had another Customer in the Shop, and a pretty many Goods lay tumbled on the Counter. I observ'd the Prisoner to be very busy about those Goods, and as she was going out, I suspected she had taken more than she should, and so I call'd her to come back, and said, Hussy, you have stolen something; but she ran away, and I jump'd over the Counter, and follow'd her. I came up with her at the Sun Tavern Door, and took her by the Collar, upon which she threw this Linen from under her Coats, and it fell upon the Threshold. We have been so pester'd with these Vermin in our Shops, that I vow and protest, there's no living for them, I have lost above ten Pounds by them since last Month. The Prisoner had been in my Shop before this time. Guilty 4 s. 10 d.

[Transportation. See summary.]

11. Jane Judson , was indicted for breaking and entring the House of John Crow , and stealing 1 Silver Pint Mug, 3 Silver Spoons, 6 Tea-Spoons, a Pair of Tea-Tongs, a Pair of Silver Buckles, 2 Coats, a Waistcoat, a Camblet Cloak, a Man's Hat, a Cane, a Bermudas Hat, 2 Moidores, 3 Broad-pieces, 43 Guineas and a half, the Goods of John Crow ; and a Pair of Stays, the Goods of Elizabeth Hill , June 22 . about 12 at Night .

John Crow. I live in Cary-street, Westminster . The Prisoner had been my Servant 8 or 9 Days, and went away on the 14th of June last, in order to go for a Month to see her Friends in Shropshire. My House was robbed in the Night between the 22d and 23d of June, but none of the outward Part of my House being broken, I imagin'd that the Person who robb'd me had got in, in the Evening, and lay conceal'd till I and my Family were a bed, and then committed the Fact, and went out at the Door, for the Door was found a jar in the Morning. I had some Suspicion of the Prisoner, because she was seen in the Neighbourhood the Day before, and was well acquainted with my House. Upon which I went to her Lodging, and heard that she did not lie there that Night as I was robb'd. On the 28th of September I went after her to Shrewsbury, and -

Court. Why did you stay so long before you pursued her?

Crow. Because I expected her up again in a Month, and so thought to have saved that Trouble and Charge; but hearing she had taken a House at Oswistry in Shropshire, in order to settle there, I went, as I was saying, to Shrewsbury, where I got a Warrant to search her House. When I came thither, I found her at Home, and as soon as she saw me, she open'd a Chest, and took out a Pair of Stays that I had lost, and gave 'em to me. Jenny, says I, Where's your Mistress's Cloak and Hat? She said she'd fetch them; and so she did. And then she took the Tea-Spoons and Tongs out of the Chest, but told me, they were none of mine. I believe they were the same that I lost; but I can't swear to them, because they were not mark'd. I charg'd her with stealing these, and other Goods from me; but she said, those Goods and 20 l. were given her, by the Person who did the Robbery, that she might not discover it, and that she had nothing that belong'd to me, but what she had return'd to me; but next Day (Sept. 29.) when she was carry'd before the Justice, she said, she had bought the Goods; and her Father and Brother coming to intercede for her, I shew'd them a List of what I had lost, and ask'd them, if they knew any thing of those Goods? They said, Yes; and (while her Father staid) her Brother went and fetch'd my Coat, Waistcoat and Breeches, and she said, she bought them too.

Elizabeth Crow . The Prisoner went from me June 14, and came on Wednesday, June 21, to take her Leave of me, and said, she must lye that Night in the City, near the Inn from whence she was to go with the Carrier, that she might be ready in the Morning, but she was seen in my Neighbourhood all the next Day; I was robbed that Night, and we went out of Town next Morning.

Sarah Corbet . I am the Prisoner's Half-Sister, and being to go down with her into the Country, she agreed to come and lye with me at my Lodging the Night before she went; but she did not come till 4 o'Clock in the Morning, and then she hurry'd me to get up and go to the Inn, tho' I told her, the Pack-Horses did not go out till Two in the Afternoon; she had carried her Box before to the Inn.

Elizabeth Grimston , I live in White's-Alley, Mrs. Corbet lodg'd with me, and the Prisoner bid me tell her that she would come to her by Five in the Evening, but she did not come till Four in the Morning, and between 5 and 6, she and her Sister Corbet, went out and took Coach in Chancery-Lane to go to the Inn.

John Warle . I lodg'd at the Prosecutor's. On Thursday the 22d of June, my Maid let me in about 11 at Night: I told her, I suppos'd Mr. Crow and his Wife were gone to Bed, because I saw a Light in their Chamber; and therefore, I bid her fasten the Door, and I staid in the Entry while she did it.

Elizabeth Gilby . Yes, I lock'd the Door and bolted it.

Elizabeth Chester , the Prosecutor's Servant. I came down first on Friday Morning (June 23,) and found the Street Door standing a-jar.

The Prisoner in her Defence, pretended that her Master (the Prosecutor) had given her the Goods to lye with her, and that she had miscarried by him. The Jury acquited her of the Burglary, and found her guilty of the Felony only .

[Transportation. See summary.]

12. Isaiah Chapman , was indicted for privately stealing two Pair of Shoes, Value 5 s. the Goods of Copeland Yoe in his Shop , Jan. 11 . Acquitted .

13. Michael Allom , was indicted for privately stealing 43 Pair of Stockings, Value 3 l. 10 s. the Goods of Thomas Baily , in his Shop , Jan. 31 .

Thomas Baily . I live by Great-Turnstile in Holborn . On the 31st of Jan. I lost 43 Pair of Boys Stockings out of my Shop, and on Feb. 5, I sent my Boy to search for them in Rosemary-Lane.

Thomas Bonn . I went by my Master's Orders, and found the Stockings at Mr. Hancock's in Rosemary-Lane: He said, he had them of the Prisoner, who was at the Chequer-Ale-House over the Way.

R. Hancock. On Wednesday, the Prisoner came to Richard Bays , who keeps the Chequer-Ale-House, and exposed the Stockings to sale. A Man bought them for two Guineas and gave a Shilling Earnest; but afterwards thinking them too dear, he relinquish'd his Bargain and lost his Earnest; they then lay at the Ale-house four Days, and I at last bought them at 9 s. per Dozen, which was a Guinea and a Half for the Whole. Ray told me the Prisoner was an Attorney at Law.

Court. What! and sold Stockings by the Dozen at an Ale-house?

Richard Ray . I never saw the Prisoner but three Times before.

Court. And yet you gave him a Character to Hancock.

Ray. My Landlord told me, that the Prisoner's Uncle was very rich, and dealt in Stockings, and the Prisoner might have them from him.

Prisoner. I hope they have not made it appear that I stole the Stockings.

Court. Something very like it. The Goods were found in your Possession.

Prisoner. I once had the Honour to be called an Attorney of the King's-Bench, I was sworn in, and I am sure I paid for it; but I have met with Vicissitudes in Life, as any Man may.

Court. Are you a wholesale Dealer in Stockings too? How came you by those Goods?

Prisoner. Why, there's the Mischief of it. 'Tis my Unhappiness that I can't prove how I came by them. Guilty 4 s. 10 d.

[Transportation. See summary.]

14. Alice Gregory , was indicted for stealing four Shirts and other Linnen from Francis Miller . Guilty 10 d.

[Transportation. See summary.]

15, 16. Rowly Turner and David Delly , was indicted; for assaulting Francis Turner , in an open Place near the Highway, putting him n Fear, and taking from him a Pound of Rice, half a Pound of Pranes, two Ounces of Stone Blue, and 19 d. 3 Farthings in Money , June 15 .

Francis Turner . Near Nine at Night on Thursday about Whitsuntide, as I was going from Paddington , in the first Field beyond Marrybone , I past by some Fellows on the Road, I don't know who they were, for it was a dark missing Night; but one of them said, Cocky, what's a-Clock? I said, about Nine; and suspecting them to be Rogues I run for it. They followed, and one coming close after me swore by God, he wou'd make me remember running; I held up my Stick, upon which another said, Damn him, does he resist? Kill him. Then the first struck at me with a Stick, I warded off 2 or 3 Blows, but at last I was knock'd down and stunned, and got a mighty Cut in my Head. I had some Rice and Prunes, and Stone Blue, in a Paper, which was taken from me, and about 19 Pence all Copper, in my Pocket. I had a Cag of Treacle too, but they did not take that; when I got up they run away. There was 4 or 5 of them in Company.

William Simmonds . About a Fortnight ago, I surrendered myself voluntarily to Justice Hilder. The Prisoners and I committed this Robbery.

Court. Have you any Body to prove that you kept Company with the Prisoners?

Simmonds. Yes, here's John Berry has seen me with them several times.

Court. How came you to find out the Prosecutor?

Simmonds. I saw him afterwards going along the Road, and I told John Berry , who was then with me, that he was the Man we had robb'd.

John Berry . My Father works in the Brick Fields, and so did the Prisoners and Simmonds, and I have seen them lying together in the Fields, I believe a hundred times.

Deily. I never lay in the Brick Fields fifty times in my Life.

John Jones . The Day after the Prosecutor was robbed he sent for me, and I saw he had been beat and abus'd, and that his Head was broke.

Mr. Justice Hilder. Simmonds surrender'd himself voluntarily to me; I ask'd the Prisoners if they knew him, and they said, Yes.

John Berry . The next Morning after the Robbery, I saw the Prisoner Turner in the Brick-Fields, with some Stone-blue in his Hand, and Sutton (who is now in Newgate) with some Rice. The Jury found them both Guilty . Death .

17. Catharine Delavan , was indicted for stealing 9 Guineas and 11 s. the Money of Elizabeth Dodd , in the House of John Hick , Jan. 18 . Guilty 4 s. 10 d .

[Transportation. See summary.]

18. Hester Howard , was indicted for stealing 23 lb. of Bees-wax , the Goods of William Pearce , Jan. 30 . Acquitted .

19. George Dawson (a little Boy ) was indicted for privily stealing 22 Pair of Childrens Stockings, Value 5 s. 6 d. and a woollen Petticoat, the Goods of Joseph Taylor , in his Shop , January

Joseph Taylor . Between 7 and 8 at Night my Maid, Elizabeth Skinner , went out on an Errand, while I and others were in the Back-Shop. She return'd in 5 Minutes, but in the mean time I lost a Canister of Tea, a Parcel of Stockings, and a Petticoat.

Eliz. Skinner. When I came back I met the Prisoner coming out of the Shop with the Stockings and Petticoat, I push'd him in again, and he drop'd the Goods at his Feet.

Prisoner. I never was in the Shop.

Taylor. As young as the Prisoner is, he has been here before; he was an Evidence about a Year ago. Guilty 4 s. 10 d.

He was a second time indicted, with Joseph Hitch , for privately stealing Sixty Yards of printed Lawn, value 4 l. 6 s. the Goods of Thomas Hodges , and Jane Turner , in their Shop , Decem. 29 .

Thomas Hodges . On the 29th of December, I lost 2 Pieces of printed Linen Handkerchiefs out of my Shop, in Blow-Bladder-Street .

Richard Wheatly . The Prisoner Dawson was my School-Fellow. As I stood at my Master's Door (next to the Prosecutor's) between 5 and 6 at Night, I saw the Prisoner and Richard Pancost standing together, in the Horse-Shoe Alehouse Passage; Dawson went into the Prosecutor's Shop, and brought out the Goods under his great Coat, and had like to have fell into the Kennel for haste; then he, and the other two, ran down St. Martin's ; I cry'd, stop Thief, they were pursu'd, but got off for that Time, but were afterwards taken.

Dawson. If you saw us run, why did you not run after us your self?

Wheatly. Because there was no Body in our Shop

Richard Pancost . I and the Prisoner went out a thieving together. We used to meet at one Howard's House in Baldwin's Gardens, where we used to sell the Goods we stole; and Howard and his Wife are now in Hold for buying stolen Goods. We met at Howard's between 4 and 5 in the Evening, and went from thence to Mr. Hodges's Shop, where we saw the Footman hang on one Door, and go backwards for the other, and then Dawson went in and got the Goods, while we stood to watch. We run down St. Martin's, where we lost Dawson, but we met him again at Howard's. We sold 'em all to Howard's Wife for 22 s. She gave us 12 s. that Night, and 10 s. next Morning. We shared the Money, and had 7 s. 4 d. a-piece.

Mr. Hodges. The Goods cost me 4 l. 6 s. Dawson says he is but 14 Years old, but by the Parish Books of St. Martin's, it appears he's above 17. The Jury found Dawson guilty of the Indictment. Death . But Hitch was found guilty only to the Value of 4 s. 10 d.

[Hitch: Transportation. See summary.]

20. Barbara Black , was indicted for stealing 2 Aprons, a Sheet, and a Shirt, the Goods of several Persons , Feb. 17 . Guilty 10 d.

[Transportation. See summary.]

21. Margaret Wilkinson , was indicted for stealing a silver Spoon, Value 8 s. the Property of Richard Williams , Feb. 14 . Acquitted .

22. Catharine Ogleby , was indicted for privately stealing a silver Watch, Value 4 l. from the Person of John Davis , Jan. 24 .

John Davis. About 6 at Night I met the Prisoner in White-lion Street, by the Seven Dials. She ask'd me to drink a Dram, and I went with her to Mrs. Young's, a Chandler's Shop, and we had a Quartern and a half of Brandy in a Back-Room by our selves; I pulled out my Watch to see what a Clock it was, and put it up again; she ask'd me for a Shilling upon the Account of - but I did nothing with her. She went away before me, and I staying to count my Money miss'd my Watch. I describ'd her to the People of the House, and they said they knew her, but could not tell where she liv'd. They sent for me next Day, and I found the Prisoner and her Husband there, and they abused me barbarously.

Court. 'Twas well he did not speak with you for having a Correspondence with his Wife.

Constable. She own'd to me that she had the Watch, and had given it to her Husband, to pawn for 30 s. He was taken up for two or three Assaults, and is now in Bridewell - He had beat the Prosecutor, and made him all over bloody.

Prisoner. He pick'd up two Women, and lay with them two Nights, at Moll Adams's in Newtoner's Lane.

Davis. It's true, I was with Clarety-Face Hannah, and another Woman, but that was after I lost my Watch - I had nothing to do with them; I only went to them to enquire after the Prisoner.

Prisoner. They were his old Companions, for when he pick'd me up, he ask'd me, if I knew Clarety-Face Hannah in Castle-Court, and he told me, he used to go to her. He and I had two hot Pots, and two Quarterns of Brandy together; and he offer'd me first Six-pence and then a Shilling, and then he gave me Three-pence more, and, says I, what must I do for this Money? Why, says he, 'tis to let me - . The Jury found her Guilty to the value of 10 d.

[Transportation. See summary.]

23. John White , was indicted for stealing a Mohogony Tea-Box, value 6 s. the Property of William Knight , Feb. 12 . Guilty 10 d.

[Transportation. See summary.]

24. Christopher Atkinson , was indicted for stealing a Silver Pint-Mug, value 35 s. the Property of William Hunter , Jan. 20 . Guilty 10 d.

[Transportation. See summary.]

25. Harry Fowl , was indicted for stealing 15 Yards of Thread-Sattin, 27 Yards of Shagreen, 15 Yards of Lustring, 10 Yards of White Tabby, two half Yards of Groram, 1 Yard of Damask. 13 Yards of Crape, 3 Yards of Rasdegene, 18 Yards of Sarcenet, 106 Yards of Mantua, 13 Yards of Persian, 1 Yard of Velvet, and 1 Yard of Tabby Brocade , the Goods of Nathaniel Adams and George Fathergill , Jan. 23 . and

26. , for receiving 7 Yards and a Quarter of Sarcenet, 10 Yards of Shagreen, and 23 Yards of Mantua, part of the said Goods, knowing them to have been stolen .

Nathaniel Adams . Harry Fowl had been my Servant 2 or 3 Years. I lost a great many Goods in that Time; but did not suspect him, for I took him to be very honest. I have laid no more to his Charge in the Indictment, than what I found again at his Lodging in Honey-Lane Market, and at other Places, and what I have here to produce. When these Goods were restored to me, I compared several of the Quantities with the Pieces I had from whence they were cut, and they tallied. This Piece of White Mantua Silk in particular, has his own Mark of 36 half Yards on it, and-this, with the Piece I have at home, from whence it was parted, makes exactly that Measure; here are 49 Quantities cut off, which make 169 Yards in all, which we have put up in 7 Parcels, seal'd and mark'd; 5 of these Parcels I swear to, but the other 2, my Partner knows better than I.

Richard Manning. I keep the Sign of the Carpenter and Weavers Arms, in Honey-Lane Market, the Weavers use my House to sell their Goods to other Weavers and Macklers, and I have a great many Warehouses on purpose to lay their Goods in; a Porter having at several Times brought several Parcels for the Prisoner - , to dispose of, I at last open'd some of them, and found them not to be whole Pieces nor Remnants, but Quantities cut off, which gave me some Suspicion. I shew'd them to several Weavers, who believ'd, with me, that they were stolen; upon which, I order'd my Boy (next time the Porter came) to dog him. The Boy did, and told me, that he follow'd the Porter to Mr. Biard's, at the Queen's-Arms, on Ludgate-Hill; I went to Mr. Biard's, and and told him, that his Porter had brought 9 Pieces of Silk to my House that Day for - . Mr. Biard came to my House, but did not own any of the Goods; however, he took one Piece of Cloth-colour'd Mantua, and went with me to several Mercers Shops, and at last matched it at Mr. Adams's. The Prisoner Fowl was not then within, but he came while we staid. He was charged with the Fact, and confess'd that he sent those and a great many other Goods by the Porter to my House for Mr. - . I met with - , and said to him, How came you to take such cut Goods from a Servant? You could not think he came honestly by them; I believe I have had as many left for you as came to 1000 l. It's no such Thing, says he, for I never paid Fowl above 100 l. for what I have had of him.

Court. What Business does - follow?

Manning. He's a Mackler - one that sells Goods for the Weavers; and sometimes he makes Goods himself.

Court. Is it not usual for Macklers to sell for Mercers as well as Weavers?

Manning. No.

Court. He own'd, you say, that he had the Goods from Fowl; did he say any thing how Fowl came by them?

Manning. He told me that Fowl said he had them at a Sale.

Samuel Biard , Porter. Fowl has given me, I believe, 10 Parcels, to carry to Mr. Manning's for Mr. - . They were ty'd up handsomely, like whole Pieces, but I never saw them open, and so can't swear to them.

Mr. Maynard. Mr. Manning charged me with - , and then we went to Fowl's Lodgings, and there, in his Burean, found these 49 Pieces; this Parcel was taken out of - Cupboard, which he rents in Mr. Manning's House. This Parcel we found at Mr. Bullock's a Piece-Broker, at the Black-Raven behind St. Clement's, and this other at Mr. Waters's, at the White-Swan, in the same Street.

Bullock and Waters own'd they had such Goods of - , and said, it was as usual for the Piece-Brokers to buy such Pieces of the Macklers, as of the Weavers.

George Fothergill . We found these Goods in Fowl's Lodging, and - directed us to Bullock's and Waters's, where we found these other 2 Parcels, which I swear to be mine.

Samuel Edwards . Fowl serv'd his Time with me, and afterwards set up for himself, but met with Misfortunes. I always thought him honest, and was surpriz'd when I heard this of him.

Several Witnesses appear'd for - , they gave him, in general, a good Character, and said, it belong'd to his Business to sell Remnants, as well as whole Pieces. But being ask'd, if one who they knew to be a Mercer's Man, had brought them Parcels which were not Remnants, but Quantities cut off of whole Pieces, whether they should not have had some Suspicion that he did not come honestly by them? They said, Yes.

One Evidence depos'd, that being at - House, she heard Fowl tell him, there was to be a Sale next Week. And, another (a Velvet Weaver) that sometimes, in making a large Piece of Velvet, they happen to make a Hole in it, in which Case it was common for them to tear it off, and give it to the Macklers to sell, because the Mercers would oblige them to make too large Abatements for such Faults in their Work. The Jury found the Prisoners Guilty .

[Fowl:Transportation. See summary.]

[L P: Branding. See summary.]

27. Benjamin Burdet , was indicted for privately stealing 2 Hats, value 15 s. the Goods of Michael Langford , in his Shop , Jan . 22 . Guilty 10 d.

[Transportation. See summary.]

28. Catherine Vert , was indicted for stealing a Moidore, and half a Yard of Velvet, and a Petticoat , the Goods of Joseph Ewen , Feb. 15 . Guilty 10 d.

[Transportation. See summary.]

29. Jonathan Richardson , was indicted for stealing a Thin-slank of Beef , the Goods of Joseph Shuter , Jan. 27 . Acquitted .

30, 31. Peter Evans , and Thomas Hutton , were indicted for stealing a Buttock of Beef , the Goods of Joseph Shuter , Jan. 20 . Acquitted .

32. Joseph Fretwell * , was indicted for assaulting Henry Madding , on the Highway, putting him in Fear, and taking from him 3 d. Half-penny , Jan. 31.

* He was tried last Sessions, for stealing a Hat and Wig from Joseph Chapman , of Westminster. See Sess, Paper, No II. p. 48

He was a second Time indicted for assaulting Mary Child , on the Highway, putting her in Fear, and taking from her 6 d. Jan. 31 .

First Indictment.

Henry Madding . As I was driving 8 Sheep along the King's-Road , in my way to Chelsea-College Slaughter-House, and had pass'd the Bridge, two Men came after me, and one of them took hold of my Arm, and ask'd me, how much Money I had to spend, 6 d. or a 1 s. and whether I would not spend a Penny? I told them, I had none to spend, for I had given my last Money to the Turnpike. Then they got before me, and one of them held a drawn Knife to my Left-Breast, and bid me give them what Money I had, or he'd kill me. So the shortest of them put his Hand in my Pocket, and took out 3 d. it was dark, and I don't know who they were.

Philip Hornsby . I and the Prisoner robbed this Boy of 3 Pence Half-penny, in a Lane just by the King's-Road, as he was driving Sheep to the College. When we stopt him, the Prisoner took the Money out of his Pocket.

Prisoner. What Day of the Week was it?

Hornsby. I don't know, but it was the 31st of January about Nine at Night.

Madding. It was not quite so late.

Court. How long have you been acquainted with the Prisoner?

H. These 10 Years, we were Schoolfellows.

Second Indictment.

Mary Child . On Wednesday Night the 31st of January between 9 and 10 at Night, as I was going from Rochester-Row in Tothill-Fields to Strutton's-Grounds , I met two Men. and pass'd them; they turn'd back and followed me. One of them got before me and the other laid his Hand on my Shoulder, and holding a naked Knife to my Throat, said, he must have my Money; I said I had none; then they both began to use me roughly, and I was very much frighted, and told them that I had got 6 d. indeed, and that was all, for I was a poor Woman just come from the Washing-tub, and was going to buy a Loaf; but they said, they wou'd have my Money, be it what it wou'd, or I should die, so he took the Six-pence from me and bid me go back.

Court. He? Who?

Child. The Prisoner; the Man that held the Knife to me.

Court. Are you sure the Prisoner was one of them?

Child. Yes, and this Man, Hornsby, was the other.

Court. What Light had you to see them by?

Child. I had a Candle and Lanthorn, and I am positive that they were the 2 Men that robbed me.

Philip Hornsby . I and the Prisoner robbed this Woman; we follow'd her over the Coach Way into a little Foot Path, and there he stopt her, and held up his Knife and threatened to cut her Throat, and then took Six-pence from her.

Court. What Business do you follow?

Hornsby. I am a Gardiner, and live at the Neat-house.

Court. And what is the Prisoner?

Hornsby. A Pipe-maker .

The Jury found him Guilty of both Indictments. Death .

33. Thomas Bottom , alias Edgington , was indicted for stealing nine Iron Pins , the Goods of Joseph, Benjamin and Francis Trueman , and John Den , Jan. 21 .

William Short . I am Servant to Mess. Trueman. On the 21st of Jan. I miss'd 3 Iron Pins and Chains belonging to the Drays, we have lost 16 within these 3 Weeks.

William Hill, Watchman. Between 3 and 4 on Sunday Morning, as I was beating the Hour in Booth-street, (facing Princes-street) in Spittle-Fields, I heard a sort of a clinking, and looking about (for it was Moon-light) I saw a Man stooping down, and seemingly very busy about something, but as I made towards him he brushed off; this must be some Rogue, thought I to myself, and if I should run after him, 'tis ten to one if I catch him. So I made as if I had not seen him, and knock'd the Hour as if I was going my Rounds, and then hid my Lanthorn under my Coat, and stood out of Sight. Presently my Gentleman came back, and out I pops upon him, and now says I, Tho' you're the Devil I'll see who you be. Why so you may, Mr. Hill, says he, (for be gave me the Title of a Gentleman) What, is it you, Tom? says I, if I did not know you I wou'd carry you before the Officer of the Night. But what made you shun me ? Why, says he, I had a mind to play the Pool with that Woman; for there was a Man and a Woman standing together in the Street hard by. Now I always take it for a Rule, that wherever there's a Woman, there's Mischief.

Court. Did you find any Goods upon him?

Hill. Yes, I found 3 Dray-pins with the Chains, in his Apron.

Court. Are you sure the Prisoner is the same Man?

Hill. The Prisoner? No, I know nothing of the Prisoner.

Court. Why, of whom have you been telling this long Story?

Hill. Of one Tom Robinson , that I have known from a Boy; here he stands.

Thomas Robinson . On the 14th of Jan. I met the Prisoner, and says he, Tom, if you'll go with me I can take off some Pins? So we went to Trueman's Brew-house, and he ring'd [wrung] off 4, and we sold them to a Smith in Gravel-Lane for a Penny a Pound, and on the 26th of January we took 3 more.

Court. Are you sure it was the 26th?

Robinson. I think so, but I know it was late on Saturday Night, and the Watchman stopt me with them between 2 and 3 on Sunday Morning, and the Prisoner then stood behind me, and there was another Man and Woman in the Street.

Hill. I saw none but Robinson and that Man and Woman.

Court. What Trade are you, Robinson?

R. A Weaver, but I have work'd 12 Years with Mr. Coker at the Turnpike.

Court. And what Business does the Prisoner follow?

R. He drives Beasts and does labouring Work; he lives in Nagshead-Alley in Winfred-street, Spittle-Fields. I have been acquainted with him but 3 Weeks.

Court. Was it a dark or light Night when you was taken?

R. I don't remember.

Prisoner. He swears I was out with him till 3 in the Morning, which I never was in my Life, for whenever we went out to wring Pins, we always got 'em and sold 'em long before that time. Guilty 10 d.

[Transportation. See summary.]

34. Ralph Barber , Gent . was indicted for the Murder of William Dunn , by striking him with both his Hands and Feet, on the Mouth, Breast, and right Thigh, and thereby giving him several mortal Bruises, on the 31st of October, in the fifth Year of the King , of which he languish'd till the 12th of February following, and then died . He was a second time indicted on the Coroner's Inquest, for the said Murder. The Jury acquitted him.

35, 36. Thomas Tims and John Bye , were indicted for assaulting Philip Honeywood , Esq ; on the Highway, putting him in Fear, and taking from him a Silver Watch, with a Steel Chain, a Gold Seal and a Bath-metal Seal, Value 3 l. and 2 Guineas in Money , in the Parish of Belfound, in Middlesex , Jan. 30 .

Randal Parry. On the 30th of January, as my Master General Honeywood was riding in his Chariot over Hounslow-Heath , about a quarter of a Mile on the other side of the Powder-Mills, and I and my Fellow Servants were attending him, two Men came riding towards us with their Faces muffled up in the Capes of their Great Coats, one of them turn'd short on my Fellow Servant Michael, catch'd hold of his Horse's Bridle with one Hand, and holding a Pistol (or a Blunderbuss) in the other, cry'd, Damn ye! dismount! Michael was then next the Chariot, and I was behind him. I put forward to get up with the Chariot, and endeavoured to draw my Pistol, but could not get it out of the Holster. I cross'd the Postilion Horses, and came to the Off-side of the Chariot, and took out my Pistol, with the Holster. The other Highway-man rode after me, Damn ye, says he, stop, or I'll shoot. Do then, says I, shoot. Damn ye, says he, I'll fire. Fire, says I, as soon as ye will.

Court. Look at the Prisoners; are those the Men?

Parry. I believe they are; I am pretty positive that Bye was he that rode after me, but am not so certain as to the other, who dismounted Michael, and stood over him. Now as Bye and I were presenting our Pistols at each other, and crying, Shoot, and Fire, my Master, thinking I had pick'd a Quarrel with somebody, step'd out of the Chariot to see what was the Matter. Bye withdrew a little, but advancing again, my Master asked him what he wanted. Why, says Bye, I want your Watch and Money; deliver this Minute, or I'll fire. My Master did not seem to mind him, but call'd to my Fellow-Servant, and said, Michael, Why don't ye take your Horse and come to me? But Michael answer'd, They will not let me. Says Bye, I have 12 Slugs in this Piece, and if you don't deliver this Minute I'll fire thro' your Body. Still my Master did not seem to regard him, but call'd to Michael again; Michael answer'd as before, and so did Bye. But when my Master call'd to Michael the third time, Bye was quite out of Patience, and swore my Master's Body should suffer for all that Moment, if he did not deliver directly; upon which my Master called to me, and said, come hither Parry; I went, and he gave me his Silver Watch and 2 Guineas, to deliver to Bye, who would not take them of me, but gave my Master a deal of illprobus Language, and swore at him, Damn you, Sir, you shall bring them your self, or I'll shoot you through the Body immediately; and so then my Master took them from me again, and deliver'd them to him.

Henry Shelar . I drove the Chariot, Bye rode after Parry with a Blunderbuss; one cry'd, Shoot; and t'other cry'd, Shoot; and the General thinking Parry had affronted somebody, he call'd out to him, Sirrah, what's the Matter? and so jump'd out of the Coach; Bye demanded his Watch and Money. The General gave it Parry, to deliver to Bye, but Bye would not take it of him, and so the General carry'd it himself.

Francis Stanton . I was behind the Coach, and saw Bye come up to my Fellow-Servant Parry ; and Tims stopt Michael Myers .

Court. Are you sure it was Tims?

Stanton. Yes, I am sure, for that Man was every way comportionable with Tims, tho' he had the Cape of his Coat up to his Mouth.

Court. Did you ever see him before?

Stanton. No.

Court. How far was he from you?

Stanton. As far as to the farther Wall in the Yard there.

Court. And can you swear to a Man at such a Distance, when his Face was muffled?

Stanton. I actually think he was the Man: Yes, I can swear it. He made Michael dismount, and stood over him with a long rusty Pistol, and Bye rode by the Chariot as hard as he could, after Parry, and cry 'd, G - d damn ye, stand, or I'll shoot. Parry turn'd by the Postilion-Horse, but rode beyond, and then turn'd round to the Off-side of the Coach. Parry drew his Pistol. The General jump'd out, and Bye robb'd him of his Watch and Money.

Tims. On what Part of Hounslow-Heath was it?

Stanton. About a quarter of a Mile beyond the Powder-Mills, in the Road that goes to Belfound.

Court. What Horses did the Prisoners ride?

Stanton. Bye was on a brown Mare with a bay Nose, and a cut Tail; and Tims had a bay Gelding with a swish Tail.

Tims. Did the Highwaymen follow the Coach, or meet it?

Stanton. They follow'd it, and then turn'd back the same way as they came.

Mr. Turner. On Monday Evening, the 29th of January, I was at the Angel in Egham, when the two Prisoners came in, I sat by the Fire, and they sat at the Table; in their Talk, Tims swore, that there was never a better Nag rid than his was, tho' he had got Corns; and, By G - d, says Bye, my little Mare is as good as he, and will match him at any time. I have lost 70 l. lately, but I know how to get 100 l. as soon as any Man in England; and after that, they went to their Horses. About 9 o'Clock, next Morning, I went from Egham, and walk'd to Hounslow, and about 12 I saw the General's Chariot, between the Powder-Mills and Hounslow, and about One, or between 1 and 2, I saw the Prisoners riding through Hounslow as hard as they could drive; my having heard them talk about their Horses, made me take the more Notice of them. Tims's was a bay Gelding, with a swish Tail, and Bye on a little Brown Mare , with a Bay or Meally Nose, and she seemed to have a cut Tail, but she run so fast that I cannot be sure of it.

William Hinge . Hinge is my Name, I don't know how you spell it, because I can't read; but it's the same as a Hinge of a Door. On the 30th of January, Tims came to my Shop, in Egham, to be shaved, between 9 and 10 in the Morning, and before I had done, Bye came in, and said, Tom! what are you doing? Why, don't you see I'm a Shaving? says Tims; Damn me, says Bye, I'll shave some Body by and by. Then the Ostler at the Crown led their Horses by the Door. One was a Bay Gelding with a swish-Tail, and t'other a brown Mare with a cut Tail.

Bye. I did not say I'd shave some Body; but that I would be shav'd some where else.

Justice De Veil. When Bye was first brought before me, I ask'd him, where the Bay Gelding was? He said, he knew nothing of it; but Tims could tell. When Tims was taken, I ask'd Tims the same Question, and he said, he had sold the Gelding, on which he rode, the Day the Robbery was committed, to a Shoemaker in Smithfield, about 8 o'Clock the same Night, and that Bye bought the Gelding again.

Court. Whatever Tims said, is no Evidence against Bye.

The Prisoners Defence.

Thomas Wilmot . I am a Publican, and live at Oakingham, in Berkshire, Bye is a Dealer in Brandy and Rum , and I have been a Customer to him. On the 29th of January last, he was at my House, and offer'd to sell his Horse there; but not meeting with a Chapman, he rode away. He deals largely in our Country, and I never heard but that he was a fair Dealer.

Court. What kind of Horse was it?

Wilmot. A brownish founder'd Gelding with a swishy Tail.

George Brown . The Prisoners lay at my House, the Crown at Egham ; I don't remember the Day, nor did I see their Horses, but they went away betwixt 8 and 9 next Morning.

- Gilbert. On the 30th of January, about 10 in the Morning, the Prisoners came to the White Lion at Egham. They eat and drank, and went away a little after 11.

Court. How far is your House from the Powder Mills?

Gilbert. About four Miles.

Thomas Sylvester . On the 30th of January, near 12 at Noon, the Prisoners stopt at my House, the King's-Arms, on the other Side of Stains-Bridge, in Egham Parish; the People soon after came from Church. 'Tis 3 Miles and a half from my House to Belfound, and 4 Miles and a half to the Powder-Mills.

Mary Lane. I keep the Swan at Stains-Bridge. At half an hour past 11, or before 12, the Prisoners came to dine at my House, and they staid an Hour and a half, or better, for it was near half an Hour after One.

Court. Did you look on the Clock?

Lane. No; but I guess the Time of the Day by the Taunton Coach being at my Door.

Court. Did you know the Prisoners?

Lane. Mr. Bye has been 2 or 3 Times at my House before, to offer Brandy and Rum, but I never dealt with him.

Court. How far is your House from Gilbert's and Sylvester's?

Lane. 'Tis a Mile nearer the Powder-Mills than Gilbert's, and 2 or 3 Doors from Sylvester's, nearer to Hounslow. My Ostler saw the Prisoners stop at Sylvester's Door.

Tims. Did you see us have any Arms?

Lane. No.

Robert Knight , Ostler at the Swan. I saw the Prisoners stop and drink at Sylvester's Door, at about half an Hour after 11, and it was near 3 Quarters past 11, when they came to our House, where they stay'd about 2 Hours and a half.

Court. Your Mistress swears it was not near so long.

Knight. I can't say how long it was; but they stay'd till half an Hour past 1, for I look'd on the Clock.

Tims. Did you see any Arms that we had?

Knight. There was none to be seen. They pull'd off their Great Coats, and danced in the Kitchen.

Isaac Turner . I live at Mr. Weekly's, the Red Lion, at Hounslow. The Prisoners came in at 3 Quarters past 2. They sat down on a Bench in the Publick Gateway, and their Horses stood in the Gateway too. They call'd for half a Pint of Wine, and ask'd for my Master, but he was not at home. Then they sent for a Man in the Neighbourhood, but he was not at home neither; so they stay'd near a Quarter of an Hour and then went away. They din'd at our House the Sunday before, as they went into the Country. Our House is a Mile and a half from the Powder-Mills.

Mary Dibby . I waited on the Prisoners at Dinner, at Mrs. Lane's, they came in at half an hour after 11, and staid till half an hour past one, and while they were there the Taunton Coach came in. I don't remember what Horses they had. I knew Mr. Bye 9 or 10 Years ago, when he lived at Winchester, and he had a very good Character then.

Eusebins Williams. I saw General Honeywood , and a Lady with him, go through Stains, in his Berlin and four, towards his own House, as I was coming from Church, at half an hour past twelve. This was [after the Robbery, and] 4 Miles distant from where the Robbery was committed. Then I went to Dinner. I dined in about half an hour, and went to the Swan, and the Taunton Coach was then there.

Philip Stone . I saw the General, in a Berlin-Chariot, go thro' Stains, from London, he had past the Powder-Mills. Then I dined, and went with Mr. Williams to Egham, where I saw the Taunton Coach at the Swan Door.

Mary Sherburn . As I and my Cousin Rachel came from Brentford Market, the General's Coach past us, a little on the other Side the Powder-Mills, and being a little before us, about a Mile or less from Belfound, these two Highwaymen came from London, and never looking behind them they stopt the Coach, and robb'd it. We were on Horseback, but went a foot-pace, and when we came to Belfound, where we live, the Parish Clock struck 12.

Court. Do you think that Clock went right?

Sherburn. Yes; it went very right by the Neighbours Clocks. We past by the Coach while the Men were robbing it, and then they rode off towards London.

Tims. Are we the two Persons that robb'd the Coach?

Sherburn. I don't think these are the Men; for we had the View of them twice; the Capes of their Coats were up, and I saw but little of their Faces, and I think those Men were taller than the Prisoners.

Rachel Sherburn . The General's Coach went by us on t'other side the Powder-Mills, we past it twice; the two Men went by us, and brush'd my Hamper; they stop'd the Coach and robb'd it. When we came to Belfound I saw it was 12 o'Clock, and my Cousin said she heard it strike, and so said others, but I did not hear it myself. The Men came from London Road and return'd the same Way; they were taller than the Prisoners, or anexst the same Size.

John Newby , the Tannton Coachman. I was at the Swan at Stains-Bridge with my Coach when Bye and another Man came in; Bye treated me with a Pint of Wine, and ask'd it I could not put off some Brandy or Rum for him in the Country? I said I would if I could. I staid till past One, and then left 'em there.

John Garner , Exeter Coachman. I came to the Swan at Eleven; the Prisoners came in about a Quarter past Eleven; they drank with the Tannton Coachman, and stay'd till he was gone, which was at about Half an Hour past One.

Solomon Baker . I am an Importer of Brandy, I have known Bye 8 or 9 Years, and have traded with him; he deals in Brandy and Rum, I have sold him a Hogshead at a time; He lives in Wildstreet, and has a fair Character; he has no Occasion to rob, for his Business will maintain him handsomely, and I believe he is no more guilty of the Fact than I am.

Robert Walker . I Import Rum and Brandy; Bye has dealt with me 5 or 6 Years; I have sold him half a Hogshead at a time; I believe he was a fair Dealer, and in good Circumstances, for he commonly paid me ready Money.

Tho. Foxcroft . I have known him 3 Years; he lived in Wild-Court in my Neighbourhood; he bore a fair Character, and there was no Room for a Suspicion of his being concern'd in Robberies. His Horse was a little indifferent scrubbed Beast.

John Andrews . I dealt with him 3 Years for Rum, and I have sold him several Horses, but he would never buy one above 50 Shillings or 3 Pounds, or at most 4 Pounds Price. I believe he's no more guilty of this Fact than myself, and I have such an Opinion of his Honesty, that I would lend him 100 l. on his bare Word.

James Welch . I've known him 3 Years; he rents his House of my Father, for which he pays 22 l a Year. Mr. Foxcroft is the Ground Landlord. Bye's Mare is a poor scrubbed Mare not 13 Hands high, and by no Means fit for a Highwayman. He is the last Man I should take to be guilty of a Robbery.

William Watkinson . I live opposite to Bye; I have known him 3 Years; I have hired Horses of him, and he has as fair a Character as any Man in the Neighbourhood.

Matthew King . Mr. Bye is my Landlord; I rent a Warehouse of him; I undertake Funerals, if I had not thought him honest I would not have trusted my Goods in his House; for I believe he that would go to Hounslow on such an Errand would rob my Warehouse.

Joseph Staton . I have liv'd in the same Street as Bye lives in 5 Years; I have bought Brandy and Rum, and hired Horses of him; I never saw him keep a good Horse.

William Turner , Distiller. I have taken 300 l. of Bye in 3 Years; he has a fair Character.

James Ford . I sold the Mare to Bye 4 or 5 Months ago, she was 13 Hands and an Inch high, a dark Bay, with a brownish Muzzel, a bob Tail, and a Malander on the Off-Foot, but she would not jump over a Straw, and I believe is not able to carry him. I sold her for 3 Guineas and 2 Gallons of Brandy. I believe the poor Man has been out of his Senses. Here are a great many more Witnesses.

Court. There needs no more as to his Character.

Shelvokt. I have known Tims 3 or 4 Years; he lived a Servant at Governor Feak's in Bedford-Row, and at other creditable Places, and bore a good Character.

Tho Bishop . I have known him 7 or 8 Years, and in 3 or 4 Services, and as a Butler has been trusted with Plate to a great Value. He lived in Devonshire-Square 3 or 4 Years ago.

Rich. Collins. I have known him 6 Months; he kept 2 Bay Geldings to let since he has been out of Place. My Horse stands at the same Stables.

Edward Bonham . I have known him ever since he came to Town, which is 16 or 17 Years; the last Gentleman he served was Governor Feak, who is now out of Town; he has been come from that Gentleman 4 Months, but when he was there I have seen a great Charge of Plate in his Custody. I keep a Grocer's Shop at the End of Bedford-Row, and have several times left him in my Shop when he was out of Service.

John Row. I've known Tims 9 or 10 Years; he lived with Mr. Ratcliff in Devonshire-Square, and had a good Character.

Charles Creed . When Tims was out of Place he took my Stables to let out Horses.

Tims. When Bye was taken he sent for me, and when I came to him I was taken into Custody myself. I see Governor Feak's Son in Court - if he pleases to speak to my Character - Mr. Feak. I desire to be excus'd.

Court. Call the Prosecutors Servants again.

Officer. Here they are, my Lord.

Court. Can you be certain as to the Time of Day when the Robbery was committed?

Parry. I guess it to be about 12, or rather past.

Shelar. It was about 12.

Stanton. It was 12 as nigh as I can guess.

Court. The Prisoners have called several Witnesses to prove where they were from half an Hour past 10 to half an Hour past One. The Jury acquitted them.

38, 39. William West and Andrew Curd , of St. Martin's in the Fields , were indicted for breaking and entring the House of Richard Greener , and stealing 2 Gowns, value 20 s. 2 Petticoats, value 2 s. 6 d. 2 Pair of Sheets, value 15 s. 2 Pieces of Silk, value 10 s. a Gold Ring, a Trunk, 3 Shirts, 2 Shifts, 2 Girdles, 3 Caps, a Silk Mantle, 24 Clouts, 2 Aprons, a Coat, and a pair of Leather Breeches, the Goods of William Walker , December 24 about 12 at Night .

Ann Walker . I had a Room in the House of Richard Greener , a Currier in Castle-street near Leicester-fields , and on the 23d of December last I moved from that Room to another in the same House, and got John Smithson to help me; his Mother lodg'd in the next Room to mine. My Goods were all safe at 6 o'Clock that Night, and next Morning I miss'd them.

Court. What Goods did you lose?

Walker. A Hair Portmanteau-Trunk, a Bundle of Child-bed Linnen, 2 Gowns, 2 Petticoats, 2 pair of Sheets, 2 Pieces of Silk, 3 Shirts, 2 Shifts, 2 Girdles, 2 Aprons, 3 Caps, a Mantle, a Gold Ring, and some other odd Things.

Court. Have you a Husband?

Walker. Yes.

Court. What is his Name?

Walker. William Walker . I suspected John Smithson , and upon Enquiry found him in Bridewell. He produced this Ring which I lost out of my Trunk, and was carried before a Justice to be made an Evidence.

John Smithson . Mrs. Walker gave me Six-pence to remove her Goods from one Apartment to another in the same House; when I had done, the Prisoner Curd came by and saw this Coat in the Window between 3 and 4 in the Afternoon. He would sain have taken it away then, but I would not agree to it. Who lies in this Room to Night? says he; No-body, says I; Why then, says he, 'twill be a very good Chance to come at Night and take all these Things away. (For any thing we can steal we call a Chance - ) No, says I, it's too near Home, and I shall be suspected, and so he went away; but after it was dark we met again at a Brandy-shop we use, and then he asked me again about this Chance. At last he persuaded me, and we went together between 9 and 10 to see if we could do it conveniently; but when we came there he said two Men were not enough to stand upon one another's Shoulders and get in at the Window, and so we agreed to take in a fresh Hand. We went towards Covent-Garden and met with the other Prisoner West, and brought him back with us from New-street to Cecil-Court and shew'd him the Place. We thought it was then too early to do Business, and so we went to Curd's Lodgings and lay down upon the Bed till 12, and then we got up and went to work. When we came under the Window they said, they believ'd that I only play'd the Fool with them, or had a Roguish Design to betray 'em, and therefore I should go in, or they would not be concern'd with me; so I consented. West pulled out the Pin of the lower Shutters as far as he could, I set one Foot upon that, and the other upon Curd's Shoulder, and taking hold by the Hook of the Window above with one Hand, I broke a Pane of Glass with the other, and so open'd the Casement and got in. I ty'd my Garter to the Handle of the Trunk and let it down to them; It was a round hairy Portmanteau-Trunk; they both took it and went away with it; while they were gone I got a Sheet and pack'd up in it what I could find. In less than an Hour they came again and whistled, I put the Bundle out of the Window for them, Curd was afraid to stand under it because his Head was broke, and West going to receive it, it knock'd him down, but he got up again, put it on his Head, and then went away with it. I ty'd a Curtain to the Back of a Walnut-tree Chair, and so let my self down, and left the Curtain flying, and follow'd them; but in a quarter of an Hour I bethought myself that I had left my Hat behind, and fearing that might make a Discovery, we planted the Goods and went back again; I got up by the Curtain, found my Hat, and came down the same Way. We preserv'd the Goods till Wednesday, and then being at a Gin-shop together, a Woman went by the Door crying, Old Cloaths to sell ; we call'd her in, and ask'd if she would buy a Sheet? she said Yes, or any thing else that we had, let it be what it would: Then we shew'd her the rest of the Goods, and she bought 'em all of us for 50 s. We divided 15 s. a-piece, and paid a Crown that we had run up at a Gift-shop.

Prisoner. West, can you tell the same Story over-again?

Smithson. Yes, I can.

Court. If you would be understood that the Account he has given is nothing but his own Invention, and in order to detect him, desire he may be put to repeat it, the Court will not deny you; but consider the Nature of such a Request; if he gives a different Account it may do you Service, but if he repeats all the Circumstances without Variation, it will strengthen his Evidence.

Prisoners. My Lord, we desire he may repeat it.

Then Smithson gave the same Account as he had done before.

Richard Moore . I never knew that Curd wrong'd any Body; his Mother was a Butcher in the Market, and he was 'Prentice to his Brother.

Thomas Allen . Curd is my Brother-in-law; I am a Butcher and took him to be with me, but he has been at Sea since, and in October last he came to me again; he work'd for me, and did Jobbs, and went on Errands for some time; but since that he has been some Way astray, tho' how he spent his Time I cannot tell; but I believe he has been innocently drawn in. The Jury found them both guilty of the Indictment. Death .

They were a second time indicted for stealing 6 Cheeses, value 12 s. and 9 lb. of Lead, value 3 s. the Goods of John Nind , Jan. 26 .

John Nind . I went out at 4 in the Afternoon, and returning between 9 and 10, I heard that 6 Cheeses and a Bladder had been stolen from my Shop Window.

George Rathbourn . As I was going to Newport-Market, between 5 and 6 at Night, I saw two Boys at Nind's Door, I past them, and presently they came along, each with 2 Cheeses on his Head, and went to Curd, who stood at the Corner of the Street; they put the Cheeses on his Head, and something in his Lap, and went away together. I did not then think they were stolen; but as I came back, I heard a Disturbance in Mr. Nind's Shop, and asking what was the Matter; a Woman, said, they had lost 2 Cheeses; I told them which way the Boys went ; we follow'd 'em, and saw Curd and three more, at the Corner of Hays's-Court. Curd went up the Court, and the others went another way, I follow'd Curd and took him.

Edward Taylor . I and the Prisoners took these Cheeses off the Shop-Board in the Dusk of the Evening; we sold them to William Howard , but he did not know we stole them. The Jury found them Guilty .

40 William Allbriton , was indicted for stealing a Pair of Silk Stockings, Value 3 s 6 d. and a Shirt, Value 10 s. the Goods of Benjamin Devally , Feb. 13 . Guilty 10 d.

[Transportation. See summary.]

41 Edward Day , was indicted for stealing 4 Sacks and 12 Bushels of Barley , from William Bowen , Feb. 1. Acquitted .

42. William Bates , was indicted for stealing thirty Pounds of Lead, Value 2 s. 6 d. the Goods of Persons unknown , Jan. 26 . Guilty .

[Transportation. See summary.]

43, 44. James Hastings , and John Walter , were indicted for stealing 2 Pair of Stockings, and a Sarcenet Lining of a Gown , the Goods of Anne Chaffin , Feb. 1 .

Matthew Goodred . I had 2 Pair of Stockings, and a Sarcenet Lining of a Gown to dye for Mrs. Anne Chasins ; I put them in my Shop Window, which has a Sash before it, the Glass was broke, and the Goods were taken away on the 1st of this Month, betwixt 4 and 5 in the Afternoon.

James Hamilton . As I was standing in Mrs. Wells's, (a Cook's) Shop in Leadenhall-street , I heard a Pane of Glass broke, and looking out, I perceived it was the Prosecutor's Window, which is opposite to Mrs. Wells's, and I saw the Prisoner go into the Three Kings Entry which is close by. I did not then suspect them to be Rogues, but thought they had broke the Glass by Mischance. But while I was looking, Walter came out, and putting his Hand in at the broken Pane, took out a Piece of Sarcenet, and went again into the Entry: Then the other Prisoner took out something else, I think it was a Pair of Stockings, and went after Walter; in a little Time they both came out again, Hastings with a Pair of white Stockings in his Hands, and Walter with the Sarcenet in his Apron. Walter came up toward where I stood, and Mrs. Wells took him by the Collar, and pulled him into her Shop; he said, he had found the Silk. Another pursued Hastings, and took him. As we were carrying them before a Justice, Hastings threw something into a Shop Window; we look'd and found a Pair of white Stockings, and the other Pair was found upon Walter, when he was search'd before the Justice.

Ann Wells . As I sat in my Bar, I saw both the Prisoners at Mr. Goodred's Window. Walter took out a Piece of Silk, and wrap'd it in his Apron, and as he was coming along towards my Door, I stopp'd him, and pull'd him into my Shop; he pretended he had found the Silk, and offer'd to leave it with me, if I would let him go.

Constable. I found one Pair of Stockings on Walter.

Job Hanks. Hastings's Father was a Pains-taking Man, and so was his Mother too.

John Burkitt . His Father was a Shoemaker, and work'd for me several Years, and I never knew but the Boy was towardly. The Jury found them both Guilty 4 s. 10 d.

[Transportation. See summary.]

45. Mary Golby , alias Elizabeth Golborn , was indicted for privately stealing 22 Yards of Cotton and Linen Check, the Goods of Henry Heashfield , in his Shop , Feb. 20 . Acquitted .

46. Ann Andrews , was indicted for stealing a Silver Mug, a Silver Tea Strainer, and a Silver Tea-Spoon , the Goods of Thomas Smith , Feb. 6 . Guilty 10 d.

[Transportation. See summary.]

47. Ann Herbert , was indicted for privately stealing six Gross of Bath-metal-Rings, value 20 s. the Goods of Samuel Wilson , in his Shop , Feb. 8 . Guilty 4 s. 10 d.

[Transportation. See summary.]

48. Elizabeth Sigerson , was indicted for stealing a Shift, a Handkerchief, and a Table-Cloth , the Goods of James Nichols , Jan. 20 . Acquitted .

49. Thomas Simpson , was indicted for stealing a Hat , the Property of Moses Kendal , Feb. 4 . But no Evidence appearing he was acquitted .

50. Mary Nash , was indicted for privately stealing a Brass Box, and 3 s. from Jane the Wife of Thomas Ordway , Feb. 20 . But Jane Ordway not appearing to give Evidence, the Prisoner was acquitted .

51, 52. Leonard Budley , alias Butler , and William Harris , were indicted for assaulting John Hands , on the Highway, putting him in Fear, and taking from him a Silver Watch, value 40 s. and 5 s. in Money , Jan. 1 .

William Harris , was a second Time indicted, and William Atterbury for stealing five Yards of Linsey Woolsey , the Property of George Cole , Jan. 30 .

John Hand . Between 12 and 1 at Night, as I was going along the upper Side of Lincolns-Inn-Fields , by the Duke of Newcastle's, I met Leonard Butler .

Court. How do you know it was he?

Hand. By the Light of a Lamp that was just by; he seiz'd my Coat with his Left-Hand, and holding a Pistol to me with his Right, he swore he would have my Watch and Money. I stood with my Back to the House, and he with his Back to the Fields, and being taller than I was, I could the better observe his Face by the Lamp. I said, aloud, Take away your Pistol, and you shall have what I have got. No, he swore he would not, and kept punching me with his Pistol. I took out my Watch and gave it him; he took it with his Left Hand, and then had his Accomplices (who I believe to be the Prisoner and this other Person) to search my Pockets, which they did, and took out 4 Shillings, and 2 Sixpences. Says I, If you'll leave the Watch for me at any House, I'll bring the Money for it. They would not agree to that, but Butler bid me make off, or he would send a Ball after me. As I was going, I found my Breeches were cut all down the Side; I gather'd them up as well as I could, and went to a Watchman in Holbourn; I told him my Case, and he came back with me to the middle of Duke-street to look for 'em, but we could not find 'em.

Amos Foss , Watchman. The Prosecutor came to me and complained that he had been robb'd of his Watch and 6 or 7 Shillings, near the Duke of Newcastle's, by a tall Man and 2 short ones. I saw his Breeches were cut.

Thomas Essex . Between 12 and 1, I and the Prisoners met the Prosecutor near the End of Duke's-Street. Butler seiz'd him by the Collar, and holding a Pistol to him, swore he would blow his Brains out, if he did not deliver his Watch and Money. He took the Prosecutor's Watch, and I search'd his Pockets, and found 4 Shillings and 2 Sixpences, and then I cut his Breeches.

Court. What did the other Prisoner do?

Essex. He stood upon the Guard, with a Knife in his Hand.

Court. How came you to find out the Prosecutor?

Essex. I surrender'd my self a voluntary Evidence to Justice Mercer; then I advertis'd the Robbery, and the Prosecutor came in next Morning.

Court. How long have you been acquainted with the Prisoners?

Essex. Ever since last Bartholomew Fair .

Court. Have you any Body to prove that you kept Company together?

Essex. Yes; we used to drink at the Lamb and Horse-Shoe, in George-Alley, which goes from Shoe-Lane to the Ditch-Side. The City-Marshal often came there, and found us together, and threaten'd to send us to the Compter, if he catch'd us there any more.

Richard Abbot , Carman. I used to drink at that House, and have several Times seen Essex there, in Company with the Prisoners; but I know nothing of their Doings.

- Taylor. I am Constable of St. Andrew's Holbourn. The Lamb and Horse-Shoe is a very notorious House, I used to go every Night, with the City-Marshal, to search it, and I believe I have seen Butler there with Essex.

- Jarvis. The Prisoner Butler was my Servant 3 Years ago; he's a Currier by Trade; but I know nothing of him for this last Year, only that I heard he work'd with Mr. Kitchen.

- He serv'd his Time with Mr. Kitchen, and I heard he has work'd for him within these 3 Months.

Court. You should swear nothing but what you know; what you heard from another is no Evidence.

William Harvey . I never heard any Ill of Butler before this Time; but I know nothing of him for these 6 Months past. Harris was an Apprentice to a Cock-Founder, but did not serve his Time out. And after that, he work'd 5 Years with a Gunsmith; but for this half Year, I have known but little of him. The Jury found them both Guilty . Death .

53, 54. Elizabeth Earle and Hannah Howard , were indicted for stealing a Cloth Coat, Value 30 s. the Goods of John Bag ; and a Cloth Coat, Value 30 s. the Goods of John Baker , Esq ; in the House of Harry Pierce . Feb. 19 Guilty 4 s. 10 d. each.

[Transportation. See summary.]

55. William Stakepool Singleton , was indicted for privately stealing 2 lb. of Tea, Value 20 s. and a Canister, Value 1 s. the Goods of John Oliver , in his Shop , Jan. 27 . and

56 Mary Singleton (his Mother) for receiving the Tea, knowing it to be stolen . The Jury acquitted them both.

57. William Chamberlain , was indicted for assaulting (with Joseph Lambert , not yet taken) Richard Hull on the Highway, putting him in Fear, and taking from him a Silver-hilted Sword, Value 30 s. and 12 s. in Money , Feb. 2 .

Richard Hull. About One a-clock on Thursday Morning, the 2d of February, I was stopt in a Coach behind St. Paul's , and robb'd of my Sword and Money. I heard of the Persons that were concern'd in the Robbery by means of an Advertisement that was afterwards publish'd.

Edward Powers . I and Jo. Lambert, and the Prisoner, stop'd the Coach, and robb'd the Prosecutor. The Prisoner took his Sword. I was afterwards apprehended, and by an Advertisement published I found out the Prosecutor.

Edward Sutton . I am no Thief-Taker by Profession, but hearing that the Prisoner was in an Information, I went to apprehend him, though he threaten'd to shoot me through the Head. He did his Endeavour, for he fired at me, and shot me thro' the Arm, and said he was sorry that he had not kill'd me.

Court. Powers, who knows of your being acquainted with the Prisoner?

Powers. Mr. Ackers (Dacres) who keeps an Alehouse over-against the King's-Bench, in the Borough.

Dacres. They were both my Lodgers. The Jury found him Guilty . Death .

58. William Norman , of St. Andrew's Holbourn , was indicted for breaking and entring (with William Morris not yet taken) the House of Henry Barker , and stealing a Woman's Silk Night Gown, value 30 s. a Woman's work'd Gown, value 3l. a Silk Petticoat, value 30 s. a Cloth Coat, value 20 s. a Pair of Breeches, value 2 s. a Pair of Sheets, value 5 s. 3 Linen Aprons, value 14 s. and a Silk Apron, value 3 s. on the 10th of December , about 8 at Night .

[At the Prisoner's Desire, the Witnesses were examin'd a-part.]

Henry Barker . About 3 Weeks before Christmas, I lost the Goods mentioned in the Indictment. My House is in Fetter-Lane , the Goods were in a Back-Parlour; there's an Entry goes from the Street Door, to that Parlour. I suppose the Street Door was open, but the Parlour Door was lock'd. About 9 at Night, as we were going to Bed, we saw the Parlour Door was broke open, and presently miss'd the Goods. Edward Powers being in the Poultry-Compter, sent for me, and told me, that the Prisoner burst off the Staple of the Parlour Door.

Edward Powers . On Tuesday Night, the 10th of the last Month but one, the Prisoner and I, and Will. Morris, found the Prosecutor's Door open, and so we went along the Entry to the Kitchen Door.

Court. The Kitchen Door?

Powers. I suppose it was the Kitchen, because it was upon the Ground Floor, and we went a good Way down an Entry; I am sure it was a Back-Room, but I don't know what Name they may call it by. So when we came to the Door, says the Prisoner, this Lock will fly, and with that he burst it open.

Prisoner. Where did we meet that Night?

Powers. At Mr. Dacres's House.

Dacres. I don't remember that I saw Norman there.

Powers. Mr. Dacres's Maid knows of our being there.

Maid. I don't remember that I saw them together. About a Fortnight after Christmas, I saw the Prisoner at our Door talking with my Sister, but Powers was not there then.

Prisoner. Two Years ago this Person was taken up for ing of Money out of People and he has been out of Jail but 3 Months and yet he has got 18 Robberies in his Information: Is it likely he could be concerned in so many Facts, and have so many Accomplices in so short a Time? He has put a great many innocent Men, besides me, in his Information. never drank but twice with him in my Life.

Court. Has not the Prisoner been an Evidence himself?

A Turnkey. Yes, my Lord, he was an Evidence last Summer against* 5 young Fellows, who were all capitally convicted, but were afterwards transported.

* J. Robins, V. Robins, Barret, Chorley, and Dangerfield, in July last. Vid. Sessions Paper for last Year, Numb. 6, p. 153.

The Jury acquitted the Prisoner of the Burglary, and found him guilty of the Felony only .

[Transportation. See summary.]

59. John Griffin , was indicted for assaulting Elizabeth Green on the Highway, putting her in fear, and taking from her 3 s. 8 d. Feb. 17 .

Elizabeth Green. The Prisoner met me in White's-Alley , and knock'd me down, and took 3 s. 6 d. and some Farthings from me; it was a little past 11 on last Saturday Night, and a very Moon-light Night it was; I could see his Face plainly, and I knew where he liv'd, and so he was taken on Monday.

Court. You knew the Prisoner before?

Green. Yes, I liv'd in the Neighbourhood.

Court. And did he know you too?

Green. Yes.

Judith Revel . Green had my Pewter to scour, she brought it home to me on Saturday Night, between 11 and 12; she was in a plorable Condition, very wet and dirty; she said, for Christ's sake take the Pewter off my Head, for I am robbed, that Rogue King John has robbed me of all my Week's Wages The Prisoner goes by the Name of King John.

Court. How far is White's-Alley from your House?

Revel. As far as cross the Yard there. There was a Mark under her Left-Ear, as if it had been a Blow with a Man's Knuckles.

Elizabeth Cherry . And she said, she believed he would have killed her, if it had not been for 2 Men that were with him; and after she had told us this she fell into Fits.

John Gilbert , and Richard Isham We saw the Prisoner in Black-Boy-Alley, at half an Hour past 11 last Saturday Night.

Prisoner. Last Saturday I got up to work by 3 in the Morning, and staid till 6 at Night; then I went with my Master to the Alehouse to reckon with him for my Week's Work. At Eight I went home, and my Master and his Son came to me and staid with me till 11. I am a Smith by Trade, and have work'd as hard as any Man, since my Misfortunes. When I was an + Evidence against Richard Marshall in October last, for robbing Justice Robe and Mr. Carey, this Elizabeth Green was a Witness too, in the same Trial, for she used to sell all the Goods that we stole.

+ Vid. The Trial of R. Marshall, &c. in the Sessions Paper for last Year, Numb. 8. p. 239.

Edward Pitway . The Prisoner works with me; he was not out of my Company from a Quarter before 3 in the Morning till a Quarter past 11 at Night. His House is 2 Stones-Cast from White's-Alley.

Susannah Davis . I was with the Prisoner and his Wife, from Eight that Night till a Quarter past Twelve.

Lucy Ambrose . I heard Green was in Fits at Mrs. Revel's, I went in, and it was not then past 11, and I heard no talk of a Robbery. Acquitted .

60. John Chickly , was indicted for breaking and entering the House of John Curtis , Feb. 22 , in the Night, with an intent to steal his Goods . Acquitted .

61. Elizabeth Alderson , was indicted for stealing a half-hundred Iron Weight , the Property of Moses Tucker , Jan. 17 . Acquitted .

62, 63. William Dowland , and Christopher Boyle , were indicted for stealing six hundred Pounds of Lead , the Property of Leonard Phillips , Jan. 17 . Guilty, 4 s. 10 d. each.

[Transportation. See summary.]

64. Nathaniel Hargrove , was indicted for stealing six Pair of Breeches , the Goods of Robert Morris , Jan. 29 . Guilty 10 d.

[Transportation. See summary.]

65. Thomas Howard , was indicted for stealing one Pair of Shoes , the Property of William Havel , Feb. 6 . Guilty 10 d.

[Transportation. See summary.]

66. Sarah Malcolm , alias Mallcombe was indicted for the Murder of Ann Price , Spinster , by wilfully and maliciously giving her with a Knife one mortal Wound on the Throat, of the length of two Inches, and depth of one Inch, on the 4th of February instant, of which Wound the said Anne Price instantly died .

She was a second time indicted for the Murder of Elizabeth Harrison , Spinster , by strangling and choaking her with a Cord, on the said 4th of February ; by reason of which Strangling and Choaking the said Elizabeth Harrison instantly died .

She was a third time indicted for the Murder of Lydia Duncomb , Widow , by strangling and choaking her with a Cord, on the said 4th of February , by which Strangling and Choaking the said Lydia Duncomb instantly died .

She was likewise indicted on the Coroner's Inquisition for the said Murders.

She was again indicted for breaking and entring the Dwelling-house of Lydia Duncomb , Widow, and stealing 20 Moidores, 18 Guineas, one Broad-Piece, value 25 s. 4 Broad-Pieces, val. 23 s. each, one half Broad-Piece, value 11 s. 6 d. 25 s. in Silver, a Silver Tankard, Value 40 s. a Canvas Bag, Value 1 d. and two Smocks, Value 12 s. on the 4th Day of February instant, about the Hour of 2 in the Night of the same Day .

To all which Indictments she pleaded Not Guilty.

Then the time of her Trial was appointed to be on the Friday following, at 10 o' clock in the Morning.

On Friday February 23, 1732, Sarah Malcolm was brought to the Bar, in order to take her Trial.

Council. If your Lordship pleases, we will begin with the Indictment for the Murder of Anne Price; and if the Jury shall find the Prisoner guilty of that, we shall not give the Court any further Trouble.

Court. Proceed in your own Method, Gentlemen.

Clerk of the Arraigns. You the Prisoner at the Bar, These Men which you shall hear called, and personally appear, are to pass between our Sovereign Lord the King and you, upon Trial of your Life and Death: If you will challenge them, or any of them, your Time is to challenge them, as they come to the Book to be sworn, and before they be sworn.

Then the 12 Jurors (who tried the other Prisoners on the London Side) were sworn and counted.

Clerk. Sarah Malcolm , otherwise Mallcombe, hold up your Hand. Gentlemen of the Jury, Look upon the Prisoner, and hearken to her Cause.

She stands indicted by the Name of Sarah Mallcome , otherwise Mallcome, late of London, Spinster; for that she not having God before her Eyes, but being moved and seduced by a devilish Instigation, on the 4th Day of February, in the sixth Year of the Reign of our Sovereign Lord the King that now is, in the Inner-Temple in London aforesaid, in and upon Ann Price Spinster, in the Peace of God, and our Sovereign Lord the King then and there being, then and there she the said Sarah Malcolm did make an Assault, and with a Knife made of Iron and Steel, of the Value of three Pence, which she the said Sarah Malcolm , then and there in her right Hand held, feloniously, violently, and of her Malice afore-thought, on the Throat of the said Ann Price did strike and cut; by which Striking and Cutting the said Sarah Malcolm did give to the said Ann Price one mortal Wound, of the length of two Inches, and depth of one Inch; of which mortal Wound the said Ann Price instantly died; and that so she the Sarah Malcom , in manner and form aforesaid, feloniously, violently, and of her Malice afore-thought, the said Ann Price did kill and murder, against the Peace of our Sovereign Lord the King, his Crown and Dignity.

She likewise stands charged on the Coroner's Inquisition for the said Murder: Your Charge is to enquire whether she be guilty of this Felony and Murder, whereof she stands indicted, or not guilty. If you find her guilty, you are to enquire what Goods and Chattels, Lands or Tenements she had at the time the said Felony or Murder was committed, or at any time since. If you find her not guilty, you are to enquire whether she fled for it: If you find that she did slie for it, you shall enquire of her Goods and Chattels, as if you had found her guilty. If you find her not guilty, and that she did not slie for it, say so, and no more, and hear your Evidence. But if you quit her on the Coroner's Inquest, you must find how Ann Price came by her Death.

Council. My Lord, and you Gentlemen of the Jury, this is an Indictment by which Sarah Malcolm , the Prisoner at the Bar, stands charged with the Murder of Ann Price , by cutting her Throat in the Chamber of Lydia Duncomb , in the Inner-Temple.

I shall not endeavour to aggravate a Crime in its own Nature so horrid, but shall only lay before your Lordship and the Jury some Particulars relating to the Fact.

Mrs. Lydia Duncomb was a Widow Lady, about 80 Years of Age, she had lived 40 Years, four pair of Stairs high in the Inner Temple; she had one Maid Elizabeth Harrison , who had lived with her many Years, and was grown old in her Service, for she was about 60, and very infirm withal: But tho' she was now past her Labour, the good Lady (who was Bed-rid herself) retain'd her still, in respect to her former faithful Services, and hired others to do her Work: The Prisoner had formerly been employed on such Occasions as a Chairwoman , and by that means had an Opportunity of becoming acquainted with Mrs. Duncomb's Circumstances. But about three Months ago, Mrs. Duncomb hired Ann Price (the unhappy Creature, for the Murder of whom the Prisoner stands indicted) to be a constant Servant; she was a young Maid not above 17. Mrs. Duncomb had a middling Fortune left her by her Husband; and thus she liv'd with her two Maids contented, and in Peace, till this Night, this fatal Night, the 4th of February! when (if my Instructions are right) the Prisoner entred the Chambers of this little Family, and cruelly deprived them both of their Lives and their Money.

This barbarous Fact was undiscovered till Sunday Noon, when Mrs. Love, who used to visit Mrs. Duncomb, came to dine with her. She found the Door shut, and having no Answer when she knock'd, she concluded that the old Maid was sick, and that the young one was sent out on an Errand: She waited a considerable time for her Return, but to no Purpose. She wonder'd what could be the Meaning of it, and went down to Mrs. Rhymer (who was Mrs. Duncomb's Friend, and lived in the Temple) and acquainted her with it. Mrs. Rhymer came back with her to the Door, but could get no Entrance. They then began to think some Misfortune had happened; and meeting with Ann Oliphant , a Laundress(whose Master's Chambers were opposite to Mrs. Duncomb's) they persuaded her to get out of her Master's Garret Window , and so into Mrs. Duncomb's Chambers. She did so, and opened Mrs. Duncomb's Door. They enter'd: But the Surprize, the Horrour they were in, is not to be express'd, when the first Object they fix'd their Eyes on was the poor unhappy young Maid murder'd! inhumanly murder'd! and lying weltring in her own Blood, her Hands clench'd, her Hair loose, and her Throat cut from Ear to Ear! A terrible Spectacle. But this was not all, the tragical Scene did not close here; the honest old Servant lay strangled on her Bed, and a little farther, her good old Lady robb'd of her Life in the same manner.

Those who lodge in the Temple must be under a particular Consternation on this account, when by their manner of living they are obliged to trust their Keys, their Chambers, their Properties, and even their Lives to others.

About Twelve the same Night Mr. Kerrel coming home, found the Prisoner (who was his Laundress) in his Chambers; he little expected to see her there at such an Hour. He had heard of these Murders, and that she had formerly chair'd for Mrs. Duncomb, he asked her if any body was taken up for the Murders. She said, No. He told her, it was suspected the Fact must have been done by some Body that was acquainted with the deceas'd: And as he had heard that she had formerly done Business there, she should continue no longer in his Service, and therefore bid her look up his Things and go. Upon examining he miss'd some of his Cloaths, and she confess'd she had pawned them. This made him still more uneasy, and he resolved she should stay no longer: Upon which she went down Stairs. His Suspicion caused him to search further, and in the Close-stool he found some Linen, and a Silver Tankard, with the Handle bloody. Looking under his Bed, he found a Shift and an Apron all bloody. These Discoveries gave him an extraordinary Concern; he call'd the Watch, and sent them after her: And such was the Providence of God, that she had not Power to go beyond the Inner-Temple Gate: There she was found sitting between two Watchmen; she was brought back to him; he shewed her the Tankard and the Linen bloody as they were, and asked her if they were hers; she said yes, and that the Tankard was left her by her Mother. The Officers of the Temple carried her to the Constable, by whom she was taken before Alderman Brocas.

These are the Facts, and if we can prove these things were found upon her, and that she own'd them to be hers; and if we prove that they were not hers, but Mrs. Duncomb's, I believe the Jury will have no Difficulty to find her guilty.

John Kerrel Sworn.

John Kerrel . The Prisoner has been my Laundress about a quarter of a Year. She was recommended to me as an honest. Woman by a Gentleman in the Temple. On Sunday the 4th of this Month, as I returned from Commons, I met Mr. Gehagan, and going with him thro' Tanfield-Court, we found a Mob there, and enquiring what was the Matter, we were told of the Murders that had been committed. Says Mr. Gehagan, This Mrs. Duncomb was your Sarah's (the Prisoner's) Acquaintance. We went forward to the Coffee-house in Covent-Garden; there we heard several discoursing about these Murders, and it was the general Opinion that they must have been committed by some Laundress who was acquainted with the Chambers. From thence we went to the Horseshoe and Magpye in Essex-street, where we staid till One in the Morning, and then returned Home. I found my Door open, and the Prisoner in my Room; So, Sarah, says I, are you here at this Time of Night? You knew Mrs. Duncomb, have you heard of any Body that is taken up for the Murders? No, says she, but a Gentleman who had Chambers under her has been absent two or three Days, and he is suspected. Says I, No Body that was acquainted with Mrs. Duncomb shall be here, till the Murderer is found out; and therefore look up my Things and go away. In the mean time Mr. Gehagan went down to call the Watch, but he could not find the Door readily, and so he came up again, and I went down and call'd two Watchmen, and brought them up, and I found her turning over some Linen in my Drawers, I asked her who it belong'd to? She said it was her own. I went into the Closet, and missing my Waistcoats, I asked her what she had done with them? She called me aside, and said she had pawned them at Mr. Williams's in Drury-Lane, for two Guineas, and pray'd me not to be angry. I told her I was not so angry on that account, but I suspected she was concerned in the Murder. The next Thing I took Notice of was a Bundle lying on the Ground; I asked her what it was, she said it was her Gown. And what's in it? says I. Why Linen, says she, that is not proper for Men to see; and so I did not offer to open it. I searched farther, and miss'd several Things of my own, and found other Things that did not belong to me, and then I charged the Watch with her, and bad them take her away, and take care of her. When she was gone, I found another Bundle in my Bed-chamber; upon this, I call'd to Mr. Gehagan, and shew'd it him; whereupon we resolved to make a thorough Search, and so look'd in the Close-Stool, where we found some more Linen, and a Pint Silver Tankard, with a bloody Handle. We then went to one of the Watchmen again, and he said, he had let her go, upon her promising to come again at 10 o'Clock in the Morning. I bid him find her out by all Means. He hipp'd to his Brother Watchman at the Gate, and they went and brought her to me. I shew'd her the bloody Tankard and Linen, and ask'd her, if they were hers? She said, Yes; they were left her by her Mother. I ask'd, how the Handle of the Tankard came to be bloody? She said, she had cut her Finger, and as for the Linen, she said, it was not Blood upon it, but a Disorder.

Court. What kind of Linen was it, did you open the Bundle?

N. B. The remaining Part of the Trials, for want of room, will be Published on Monday next.

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

Wednesday the 21st, Thursday the 22d, Friday the 23d, and Saturday the 24th of February 1733, in the Sixth Year of His MAJESTY's Reign.

Being the Third SESSIONS in the Mayoralty of the Right Honourable JOHN BARBER , Esq; Lord Mayor of the City of LONDON, in the Year 1733.

NUMBER III. PART II.

LONDON:

Printed for J. WILFORD, behind the Chapter-House, near St. Paul's. M,DCC,XXXIII.

(Price Six Pence.)

Mr. Kerrel. I open'd that which I found in my Bed-Chamber; but my Confusion was so great, that I don't know whether it was Shifts or Aprons. She told me the Tankard had been in pawn, and that she had pawn'd my Waistcoats to redeem it. The Watchman carry'd her to the Watch-house, and there they found a green Silk Purse with 21 Counters, in her Bosom.

Court. Are you positive that she own'd the Tankard and the Linen to be hers?

Mr. Kerrel. Yes; but the Linen in her Gown was left unopen'd till after she was sent to the Watch-house.

Prisoner. Was the Linen you found in the Close-stool bloody?

Mr. Kerrel. I am not sure whether it was that, or the Linen I found under my Bed that was bloody, for I was very much surprised, and I brought one Parcel down, and Mr. Gehagan brought another, and we threw them down in the Watchman's Box, and so they were mix'd together.

Court. Shew the Tankard to the Jury, and unseal the Linen, and let them see that too, and the other Things.

Mr. Kerrel. This is the green Silk-Purse, that was found upon her in the Watch-House; she said, she found it in the Street; but some Body taking Notice that it was clean, she then said, she had wash'd it since. This is the Gown, that some of the Linen was wrap'd in, and this is the bloody Apron that was found under my Bed, and which, she said, was not bloody, but the Marks of a Disorder.

Prisoner. Was the Linen wet or dry?

Mr. Kerrel. I can't say which, but it was bloody.

Prisoner. Did you take it up?

Mr. Kerrel. I took up that under the Bed, and in the Close-Stool. The clean Linen that was in the Drawers, she took out herself, and the Watchman afterwards fetch'd away that which was in the Gown.

Prisoner. Was the Gown bloody, or the Shift bloody in the Sleeves, or the Bosom, or any where but in the lower Part?

Mr. Kerrel. I cannot say.

Court. Is the Shift here?

Mr. Kerrel. Yes.

Court. Produce it then, and let some Body look on it.

Ann Oliphant (looking on it) I think here's a little Blood on the upper Part of the Bosom.

Prisoner. Upon your Oath is it Blood or a Stain?

Ann Oliphant . I cannot be positive; but it seems like the rest.

Prisoner, to Mr. K. Did you suspect me on account of finding me in your Chambers so late on Sunday Night, or was it because you saw me counting Money there on Sunday Morning?

Mr. Kerrel. I saw no Money that you had on Sunday Morning. I suspected nothing of you, till I found you so late in my Chambers.

Prisoner. Swear him if he did not see me counting Money in the Morning, or if he did not count it after me?

Mr. Kerrel. No, I did not.

Prisoner. Did not you count 90 l. in your own Bed after me?

Mr. Kerrel. No, I say I know nothing of it. If you had had so much Money, you might have fetch'd my Things out of pawn.

Prisoner. What! Did not you reckon how many Broad-Pieces and Moidores, and how much Silver there was?

Mr. Kerrel. No, if I had, I should have suspected you afterwards; but I had not then heard of the Murder, for it was not known till 2 in the Afternoon, and after I had heard it, I went to the Coffee-House, and did not return home, till 1 o'Clock on Monday Morning. If I had seen you have so much Money on Sunday Morning, I should have had such a Suspicion of you when I first heard of the Murder, that I should have come home directly.

Prisoner. 'Tis hard that he will deny, upon his Oath, what he did with his own Hands.

Court. What time in the Morning was this?

Prisoner. About 9 o'Clock; and he ask'd me, where I had it? And I told him, from some Relations in the Country.

Court. What Time did she come to your Chambers?

Mr. Kerrel. About 9 in the Morning. I sent her for some Tea. Mr. Gehagan breakfasted with me, and she stay'd till about 1 o'Clock, when the Horn founded for Commons.

Council. There was, you say, clean Linen taken out of the Drawers?

Mr. Kerrel. I think this is the same.

Council. Was there any Blood upon it?

Mr. Kerrel. No I should have seiz'd her presently, if I had found any Blood before she went away first.

Council. Did she own that clean Linen to be hers too?

Mr. Kerrel. Yes.

John Gehagan Sworn.

John Gehagan . I have Chambers over the Alienation-Office, 3 Pair of Stairs high. Mine are on the Left-Hand, and Mr. Kerrel's on the Right, we are very intimate together. On Sunday Morning, the 4th of February, I rose about 8 o' Clock, and saw Mr. Kerrel's Door shut. About 9, the Prisoner came up, and open'd his Door, and went in, and it was not 10 Minutes before he came to my Bed-Side, and says he, You was a good Advocate for me last Night, and I'll give you a Breakfast. He gave her a Shilling to fetch some Tea; she made it, and stay'd till the Horn blew for Commons. And after Common's he and I went out together. Going thro' Tanfield-Court, we found a Mob there, and seeing Mr. Clark, a Writer, we ask'd, what was the Matter? He told us of the Murder, and said to Mr. Kerrel, this is your Laundress's Acquaintance. We went to a Coffee-House, in Covent-Garden, where some Gentlemen talking about the Murder, said, they should suspect some of the Laundress's. We stay'd there till 8, and then went to the Horse-Shoe and Magpye, in Essex-Street, where we stay'd till 1 in the Morning, and then going home, we found his Door open, a Fire and Candle in the Room, and the Prisoner standing by the Fire-Side. Says Mr. Kerrel, Sarah, this Mrs. Duncomb was one of your Acquaintance, have you heard of any Body's being taken up for the Murder? She said, that one Mr. Knight, who had Chambers under Mrs. Duncomb's, was suspected. Well, says Mr. Kerrel, I'll have no Body stay in my Room, that was acquainted with Mrs. Duncomb. I went down to call the Watch, but there being a double Door to the Alienation-Office, I fumbled, and could not get it open; so he came down and brought the Watch up. He miss'd his Waistcoats, and ask'd her where they were? She desir'd him to let her speak a Word with him in private? He said, No, I have no Business with you that needs be made a Secret of. Then she told him they were pawn'd. He kick'd a Bundle that lay in the Closet, and ask'd her what it was? She said it was an old Gown of hers, with a Shift and Apron in it; but it was a very indecent Sight for a Man to see, and therefore desired him not to look into it, and so he put it aside again. Then the Watch took her down, and when she was gone he look'd under his Bed, and found another Bundle, Zounds! says he, here's another Bundle of Linen that this Bitch has left behind her; and looking farther, he found the Li nen and the bloody Tankard in the Closestool. We went down together, and he called to the Watch, and ask'd him where the Woman was? The Watchman said he had let her go. You Dog, says Mr. Kerrel, go and find her again, or I'll send you to Newgate. The Watchman soon met with her, and brought her to us. You bloody murdering Bitch you! says I, was it not enough to rob the People, and be damn'd to you, but you must murder them too? I'll see you hang'd, you Bitch! you bloody Bitch you! So I shew'd her the Tankard, and she began to wipe the Handle with her Apron; but says I, No, you bloody Bitch, you shan't wipe it off. She said it was her own, and that her Mother gave it her, and that she had fetch'd it out of pawn, where it had lain for 30 s. You bloody Bitch you, says I, your Mother was never worth such a Tankard. I had much ado, to keep my Hands off of the Bitch.

Court. How came ye to know that the Prisoner was acquainted with Mrs. Duncomb?

Mr. Gehagan. She told me so herself.

Court. Did you see the Linen that was taken out of the Close-stool?

Mr. Gehagan. Mr. Kerrel gave me that Linen and the Tankard, and I carried them down. I saw this bloody Apron and bloody Smock taken out of the Gown. The Bundle was in the Closet when Mr. Kerrel mist his Waistcoats, but it was not open'd then; the Watchman fetch'd it away afterwards.

Prisoner. Was the Blood on the Tankard dry?

Mr. Gehagan. It appear'd then to be fresh.

Prisoner. Was the Blood on the Shift and Apron wet or dry?

Mr. Gehagan. I don't know certainly.

Pris. Who took the Shift up?

Mr. Gehagan. I had it in my Hand; the Blood on it was like that on the Tankard, which I thought was wet.

Pris. It had been folded up ever since, till now, and if it was wet then, it must be damp still if no Air has come to it. - Was the Linen in the Close-stool bloody, and what Linen was it?

Mr. Gehagan. I don't know what Linen it was, nor whether it was bloody or no.

Pris. Was the Linen in the Gown delivered to me before I went to the Watch-house ?

Mr. Gehagan. No; on her saying it was indecent it was left, but the Watchman came afterwards and said the Constable thought it necessary to have the Smock and Apron.

Pris. What Gown had I on?

Mr. Gehagan. I don't know.

Pris. I would ask Mr. Kerrel the same Question.

Mr. Kerrel. You came up in that blue Riding-hood you have on now, but I did not mind what Gown.

Pris. Had I any Blood on my Cloaths, or was I clean drest?

Court. Why it was Monday Morning when you was taken, you had 24 Hours time to shift your Cloaths.

Pris. Had I shifted my self with clean Linen.

Mr. Kerrel. I don't know, I did not observe.

John Mastreter Sworn.

J. Mastreter. I was on my Watch in the Temple that Night the Murder was done; and nothing past but Gentlemen going to their Chambers. Next Night, or Monday Morning at past 1 o'Clock, Mr. Kerrel called Watch! I went up to him, and he bid me call another Watch, and so I brought Richard Hughs to him. Then Mr. Kerrel said, Come up, Watchmen; so we went up and he searched his Drawers, and what Linen was not his own he threw out. Then he went to search for his Cloaths in a Portmanteau-Trunk in the Closet where he mist his Waistcoats, and asked the Prisoner what was become of them? She said she had pawned them. He said he could freely forgive her for pawning them, but he suspected she was concerned in the Murder, because he had heard her talk of Mrs. Lydia Duncomb ; therefore, says he, Watch take care of her, and do not let her go. So we carried her down, and as nothing was found upon her, I and my Brother Watchman agreed to let her go, upon her promising to be forth-coming at 10 in the Morning. It was a very boisterous Night, and in 5 Minutes after she was gone Mr. Kerrel and Mr. Gehagan came down with a bloody Tankard and bloody Linen. Mr. Kerrel ask'd me where the Woman was, I said I had let her go. Says he if you don't bring her again I'll take care of you. So I call'd my Brother Watch and he found her sitting between 2 other Watchmen at the Temple-Gate. We carried her back to Mr. Kerrel. He shewed her the Tankard, and ask'd her whose it was? She said it was hers, that she had had these 5 Years, and that it was given her by her Mother. He ask'd her how the Handle came to be bloody? She said she had a Prick in her Finger, and she shewed it me. It look'd as if it was done with a rusty Nail.

Council. Did it appear to be a fresh Hurt?

John Mastreter . No; but a Prick she had, that I am certain of.

Prisoner. Was the Blood on the Tankard wet or dry?

John Mastreter . I can't tell; but I believe it was dry, because it did not bloody me when I took hold of it.

Prisoner. Mr. Gehagan swore it was wet.

Mr. Gehagan. She rub'd it, and I thought it was.

John Mastreter . I had not the Tankard in the Chamber, but it was brought down to me.

Prisoner. Was you by when the bloody Linen was taken?

John Mastreter . No; the other Watchman had that. It was clean Linen that was given to me.

Council. These Things were found after one o'Clock on Monday Morning which was 24 Hours after the Murders, and therefore I don't see of what Service it would be to the Prisoner if she could / prove that the Blood was dry; might it not very well be dry in that Time?

Richard Hughs Sworn.

Richard Hughs . As I was upon my Watch in the Temple, at past one a-Clock on Monday Morning, I heard Mr. Kerrel call Watch! My Brother Watchman, Mastreter, went, and then he called me too; we went up Stairs, and the Prisoner opened the Door to us. Mr. Kerrel look'd in his Drawers, and in the middle Drawer there was a Pair of Earrings, which she own'd, and took them out and put them in her Bosom. In another Room there was some Clothes, and he ask'd her about his Waistcoats, she went to whisper him, and said, they were pawn'd; he was angry with her, and said, Why did not you ask me for Money? Then he bid me and Mastreter take Care of her; but as we were not charged with her before a Constable, we thought we had no Occasion to keep her in Custody, and so we discharged her; she went as far as Tanfield-Court Arch, and then she turn'd back, and said, it was late, and she liv'd as far as Shoreditch; and therefore had rather sit up in the Watch-house all Night than go home; No, says I, you shall not sit up in the Watch-house, and therefore go about your Business, and be here again at 10 o'Clock. She said she would come at 10, and so she went away. But soon after she was gone, Mr. Kerrel came down with a Tankard and some clean Linen, and very angry he was that we had let her go. I went after her, I found her at the Temple Gate sitting betwixt 2 Watchmen; I told her Mr. Kerrel wanted to speak with her, and (that I might get her along the more easily) I said, he was not so angry then, as he was before, and so I brought her with me: He shew'd her the Tankard, and she said it was her Mother's; he ask'd how it came bloody, she said she had prick'd her Finger.

Court. Was it fresh Blood upon the Tankard?

Richard Hugh . It look'd much as it does now. Then I carried her to the Constable and there left her, and went away and filled my Pipe. But presently I recollected, that when I was in Mr. Kerrel's Room, I kick'd a Bundle in a Gown and ask'd what it was, and she said her Shifts and Apron were in it, and not fit to be seen. I told the Constable of it, and he sent for it; so I went and ask'd for the Bundle whereof the Shift and Apron were put.

Council. Whereof? wherein, you mean; look upon them; is that the Apron, and that the Shift?

Richard Hughs . I am sure these are the same; for I unfolded them in the Chamber, they were both bloody as they are now.

Prisoner. Was the Blood wet or dry?

Richard Hughs . I am not sure which.

Prisoner. 'Tis hard if he open'd them and handled them, and saw they were bloody, and yet can't say whether they were wet or dry.

Ann Love Sworn.

Ann Love . I had been acquainted with Mrs. Duncomb 30 Years. On Sunday the 4th of February I went in order to dine with her; it was exactly one a Clock when I came to her Chamber Door. I knock'd and waited a considerable Time, but no body answered; I went down to see if I could find any body that had seeen any of the Family, or knew whether the Maid was gone out or no. I met with Mrs. Oliphant, and ask'd her; she said she had seen none of them. I went up again but could make no-body hear: then I concluded that the old Maid Elizabeth Harrison was dead, and that the young, Maid Ann Price , was gone to her Sister's to acquaint her with it. I went then to Mrs. Rhymer (who was Mrs. Duncomb's Executrix) she came with me, and I went up again with her, but we could not get the Door open; I look'd out and saw the Prisoner at my Lord Bishop of Bangor's Door; I called her up, and said, Sarah, prither go and fetch the Smith to open the Door she said she wou'd go with all speed, and so she went.

Council. Why did you call her?

Ann Love . Because I knew she was acquainted with Mrs. Duncomh. The Prisoner return'd without the Smith. Mrs. Oliphant came to us, O! says I, Mrs. Oliphant, I believe they are all dead, and the Smith is not come, What shall we do to get in ? She said, she believed she could get out of her Master's Chamber into the Gutter, and so open Mrs. Duncomb's Window; I desired her to do so by all means: She accordingly got out upon the Leads, broke a Pane of Glass in Mrs. Duncomb's Chamber Window, open'd the Casement, jumps in and opened the Door, and I and Mrs. Rhymer and the Prisoner went in.

Council. And what did you see there?

Ann Love . In the Passage, the poor young Girl Nanny lay murder'd upon her Bed, and wallowing in her Blood, with her Throat cut from Ear to Ear. In the next Room the old Maid Elizabeth Harrison lay dead, and was thought to be strangled; and in the next Room to that, Mrs. Lydia Duncomb dead too, and strangled in her Bed; and her Box where she kept her Money was broke open, and nothing left in it but some Papers.

Council. Do you know that Tankard ?

Ann Love . No; if it was hers I suppose she kept it lock'd up, for I don't remember that I have seen it in use.

Council. Have you seen the Prisoner in Mrs. Duncomb's Chambers any time before those Murders?

Ann Love . Yes; I was there about eight a Clock the Night before the Fact, and Mrs. Oliphant and the Prisoner were then in the Room.

Council. Do you know on what Account the Prisoner came?

Ann Love . She pretended she came to enquire of the old Maid's Health.

Council. What time did she go away?

Ann Love . She and Mrs. Oliphant went away a little before eight, and I stay'd about a Quarter of an Hour after.

Council. When you went, did any Body lock the Door after you?

Ann Love . I don't know; it was a spring Lock, and there was a Bolt within-side, and I believe it was bolted when Mrs. Oliphant got in at the Window, for when she opened the Door, I thought I heard the Bolt pull'd back.

Council. Did the Prisoner ever live with Mrs. Duncomb ?

Ann Love . She was her Chair-woman before last Christmas.

Council. Did the Prisoner use to lie there?

Ann Love . I am not sure of that.

Council. Have you seen her there at any other time than what you have mentioned ?

Ann Love . Yes; about a Month before the Murders she came there, under Pretence of looking for the Key of her Master's Chambers.

Prisoner. If you saw me there when the Murder was discovered, do you know what Clothes I had on?

Ann Love . I did not take notice of your Clothes; but I desir'd you to make a Fire, and so you did.

Council. Did you see any thing lie upon the Table ?

Ann Love . There was a Case Knife with a white Handle, but the Blade was broke short off. I did not see the Blade.

Council. What became of that broken Knife?

Ann Love . I don't know; it was taken away, but I can't tell who took it.

Ann Oliphant Sworn.

Ann Oliphant . Mrs. Love came to me, and said she had been knocking at Mrs. Duncomb's Door and could not get in, and that she believed Mrs. Betty (the old Maid) was dead, and that Nanny was gone to acquaint her Sister with it, and that the old Lady could not get up. This was about one a Clock, and at two she told me she had sent Sarah (the Prisoner) for a Smith to break open the Door, but he was not come, and she knew not how to get in. Says I, My Master Grisly's Chambers, you know, are opposite to Mrs. Duncomb's. He went away last Tuesday, and Mr. Twysden has left the Keys with me to let the Chambers. Now I'll see if I can't get out of his Chamber Window into the Gutter, and so into Mrs. Duncomb's Apartment. She desired me to try, and so I did: I got into the Gutter; I broke a Pane in Mrs. Duncomb's Window, opened the Casement, and went in. Here's her Window, and here's her Door; the Door was lock'd and bolted; I opened it, and Mrs. Rhymer and Mrs. Love came in: I did not then see the Prisoner; but I believe she came soon after. In the first Room we found the young Girl, Ann Price , with her Throat cut from Ear to Ear, her Hair loose, and hanging over her Eyes, and her Hands clenched thus - . In the Dining-Room we found Elizabeth Harrison lying upon a Press Bed; she was strangled, her Throat was scratch'd: Mrs. Lydia Duncomb lay across her Bed in the next Room, and she was strangled too.

Council. Was the Prisoner there then?

Ann Oliphant . Yes, and she talk'd to me, but I was so concern'd that I don't know what she said, and in a few Minutes the Mob came in.

Council. Was not you at Mrs. Duncomb's the Night before the Murder?

Ann Oliphant . Yes, I went to see her about eight a Clock; she said she was sorry my Master was gone, because it was so lonesome. The Prisoner was then sitting by the Fire by Mrs. Betty, and Mrs. Betty said, My Mistress talks of dying, and would have me die with her. I got up to go away, and the Prisoner said she would go down with me; and so she did, and we parted in Tanfield Court.

Council. You say you open'd the Casement, and found the Door lock'd and bolted; how do you think the Persons who did the Murder could get in and out?

Ann Oliphant . I don't know. I heard some body say, they must get down the Chimney, 'tis a large Kitchen Chimney; but I could thrust the Lock back, 'tis a Spring Lock; I have often put-to the Bolt my self without Side, to save Mrs. Betty the Trouble of coming to shut the Door after me.

Council. Have you shut the Bolt, do you say, when you were without Side?

Ann Oliphant . I mean, the Bolt of the Lock, not the other Bolt.

Council. Is there any way for a Person to get out and leave the Door bolted?

Ann Oliphant . I know of none.

Council. Can't they get out at the Stair-Case Windows?

Ann Oliphant . No, they have lately been barr'd.

Council. Mr. Grisly's Chambers had been empty, you say, ever since Tuesday, could not they get into his Chambers and so into hers?

Ann Oliphant . I don't know: There's a silly Lock to his Door, and I believe it may be easily pick'd.

Frances Rhymer Sworn.

Frances Rhymer . I have known Mrs. Duncomb 30 Years; and within these 3 or 4 Years she has been very infirm, and her Memory much decay'd, and therefore, she desir'd me to receive and take care of her Money, and she made me her Executrix.

Council. Then you have seen her Box where her Money was kept?

Frances Rhymer . Yes, I have open'd it 20 Times.

Council. Do you know this Tankard?

Frances Rhymer . Yes, very well, it was hers. She used to put her Money in it, and the Tankard and Money were both kept lock'd up in her Box.

Council. Have you seen any Money in the Tankard lately?

Frances Rhymer . Yes; I kept the Key of this Box, and the Thursday before her Death she ask'd me if I had got her Key? I said yes, and she said she wanted a little Money. I ask'd her how much? She said about a Guinea. So I open'd her Box, and took out a Bag; it was a 100 l. Bag, it lay at top of the other Money in the Tankard.

Council. Is this the Bag?

Frances Rhymer . It was such a Bag as this. I carry'd it to her by the Fire-Side, and gave her a Guinea out of it.

Council. And how much do you think was left in the Bag?

Frances Rhymer . There might be, I believe, about 20 Guineas.

Council. You say the Bag lay upon other Money?

Frances Rhymer . Yes, besides what was in the Bag there were several Parcels, that she had seal'd up in Papers for particular Uses. There were six little Parcels seal'd up with black Wax, I believe, there was two or three Guineas in each. In another Parcel, she told me, there were 20 Guineas to be laid out in her Burying, and in another there were 18 Ludores.

Council. Moidores I suppose you mean?

Frances Rhymer . Yes, I believe they call them Moidores. These, she said, were for me, to defray any extraordinary Charges that might happen. Then there was a green Purse, with 30 or 40 Shillings in it for poor People.

Council. Look on that green Purse, do you think that's the same?

Frances Rhymer . I think it was not so long a Purse as this?

Prisoner. Will she take her Oath to every Farthing of Money that was in the Box?

Frances Rhymer . No, I don't pretend to that.

Council. This, you say, was on Thursday, what did you observe in Mrs. Duncomb's Chambers on the Sunday following?

F. Rhymer. When Mrs. Oliphant let us in, the first Thing I took notice of was the poor young Creature in the Passage with her Throat cut from Ear to Ear; then in the Dining-Room there lay Mrs. Betty, strangled, and in the other Room I found Mrs. Lydia Duncomb in the same sad Condition, and her strong black Box was broke open, and all the Money and the Tankard were gone.

Prisoner. You was there when I was call'd up, what Cloaths had I on?

Frances Rhymer . I was too much concerned to take Notice of your Cloaths.

Prisoner. Was the Door lock'd or bolted before Mrs. Oliphant open'd it?

Frances Rhymer . I don't know.

Prisoner. Did you see any way that a Person could possibly get out and leave the Door bolted?

Court. Some Body did get in and out too, that's plain to a Demonstration.

Frances Crowder Sworn.

Frances Crowder . I knew Mrs. Duncomb 6 or 7 Years. I know this Tankard, about 5 Years ago she desir'd me to sell some Plate for her, and then she shew'd me this Tankard, but says she, I would not sell this, I intend to keep it for a particular Reason, only I would have you ask what it's worth. Her Plate was mark'd with a D and a C [ CDL. for her Husband's Name was Charles.] She made use of the Tankard to-put her Money in. And afterwards she told me, that she intended the Tankard for her Niece Keely.

Council. Look on that clean Linen. These are the Shifts that were found in Mr. Kerrel's Drawers.

Frances Crowder . Mrs. Duncomb's Shifts had a particular Cut, and I verily believe on my Oath that these were hers. I have one of hers here that is the very same in every respect. They are all darned too in a particular Manner; there is not one Piece on all her Linen but all is darned.

Prisoner. Have they any particular Mark ?

Frances Crowder . No, there is no Mark; but they have all the same Cut and darning.

Prisoner. One Shift may be cut like another.

Frances Crowder . Mrs. Duncomb has cut Shifts for me exactly in the same Manner; these Shifts have not been wash'd, I believe, for many Years, but they were laid up in the Box with her Money and the Tankard.

Prisoner. Mrs. Rhymer took no Notice of this Linen. It was strange that she could not see it; she that open'd the Box so often must know every Trifle that was in it.

Court. She was not ask'd that Question.

Mrs. Rhymer. I have seen Linen at the bottom of the Box, but I did not open it to look at it.

Court. Can you swear to that Linen?

Mrs. Rhymer. No.

Thomas Bigg , Surgeon, Sworn.

Thomas Bigg . Mr. Farlow came to me at the Rainbow Coffee-house at Temple Bar, to go with the Coroner and view the Bodies. In the first Room I found the young Maid, Ann Price , lying in Bed with her Hair loose, and only her Shift on: her Chin was fixt down, as if done with a Design to hide the Cuts in her Throat. I lifted her Chin up and found three Incisions; one of them was not mortal, but the middle one divided the Windpipe, which was cut three Parts through, and either this or the third Wound was sufficient to cause her Death. Wounds in the Windpipe, indeed, are not always mortal, for they may sometimes be cur'd; but in a Case like this, where the great Blood Vessels were cut, the unavoidable Consequence must be Death. She had no Headclothes on, and her Hair was loose, and she seem'd to have struggled hard for her Life. In leaning over the Bed the Mob press'd so hard upon me, that I was in Danger of having my Legs broke, so that I could not be so particular in my Observation as I could have been. The next Body I view'd was that of Elizabeth : She was strangled, and it appear'd to have been by some narrow String, as an Apron-string, or a Packthread. It was pull'd so tight that the Skin was divided, and the Mark very deep. There was likewise the Mark of Knuckles on her Windpipe, and the Blood had gush'd out at her Nose. She had a Gown and Petticoat on and a pair of Stockings. I knew her when I was an Apprentice. She had fore Legs, and for that Reason, I suppose, she might lye in her Stockings. Her Gown too seem'd to be a sort of a Bed Gown, and I believe, being old and infirm, she lay both in that and her Petticoat too. The last Body was that of Mrs. Duncomb. There was a little Crease about her Neck, which was just enough to give a Suspicion that it was made by a String, being ty'd round, but the Mark was so small, that had she not been so very antient and weak, that a little Matter, indeed, would have put an End to her Life, one could hardly have thought that to have been the Cause of her Death.

Council. Did you see the Strings on the Apron?

Mr. Bigg. Yes, they were bloody at the Ends.

Prisoner. Might they have been murder'd with those Strings and no Blood appear in the Middle?

Mr. Bigg. They might have been strangled without making the Strings bloody at all. But the Strings being bloody only at the Ends, which when the Apron was ty'd on, would hang before, the Blood might come upon them in the same manner as upon the rest of the Apron, or it might be by folding the Apron up before it was dry.

Prisoner. If I had this Apron and did the Murder in it, how is it possible that my Shift should be bloody both behind and before?

Council. My Lord, we shall now shew that it was practicable for the Door to be bolted within Side by a Person who was without.

William Farlow Sworn

William-Farlow. Betwixt the Door and the Post there is a Vacancy, through which a Man may put his Finger; I put a Packthread over the Bolt within Side, and then went without and shut the spring Lock, and then drew the Bolt by the Packthread, and it shut very easily.

Mr. Peters Sworn .

Mr. Peters. There being a Difficulty started how the Door could be left bolted within Side, I took Mr. Farlow the Porter of the Temple with me; he put a String about the Neck of the Bolt, and then I shut him out, and he pulled the Bolt to by both Ends of the String, and then letting go one End, he pulled the String out.

Prisoner. It's hard that People can swear positively to so many Things, and yet could not perceive what Cloaths I had on.

Court. They tell you their Thoughts were taken up with other Things.

Prisoner. The Watchman search'd me, but did they find any Blood about me?

Court. You have been told already, that you had 24 Hours-time to change your Cloaths, and that they did not mind what Cloaths you had on.

Council. We have another Witness, Roger Johnson , who is a Prisoner in Newgate.

Roger Johnson , Sworn.

Roger Johnson . The Prisoner was brought to Newgate on Monday the 5th of February: I had some Knowledge of her, because she us'd to come thither to see one * Johnson, and Irishman, who was convicted for stealing a Scotchman's Pack. She saw a Room where the Debtors were, and ask'd if she might not be in that Room. I told her it would cost her a Guinea, and she did not look like one that could pay so much; she said, if it was two or three Guineas, she could send for a Friend that would raise the Money. Then she went into the Tap-house among the Felons, and talk'd very freely with them. I call'd for a Link and took her up into another Room, where there was none but she and I. Child, says I, there is Reason to suspect that you are guilty of this Murder, and therefore I have Orders to search you; (tho' indeed, I had no such Orders) and with that I begun to feel about her Hips, and under her Petticoats. She desir'd me to forbear searching under her Coats, because she was not in a Condition, and with that she shew'd me her Shift, upon which I desisted. Then I examin'd down her before, and feeling under her Arms, she started and threw her Head back: I clapt my Hand to her Head, and felt something hard in her Hair, and pulling off her Cap, I found this Bag of Money. I ask'd her how she came by it, and she said it was some of Mrs. Duncomb's Money; but Mr. Johnson, says she, I'll make you a Present of it, if you will but keep it to yourself, and let no body know any thing of the Matter, for the other Things that are against me are nothing but Circumstances, and I shall come off well enough, and therefore I'll only desire you to let me have 3 d. or 6 d. a Day till the Sessions is over, and then I shall be at Liberty to shift for myself. I told the Money over, and to the best of my Remembrance, there was twenty Moidores, eighteen Guineas, five Broad-Pieces, I think one was a 25 s. Piece, and the others 23 s. Pieces, a half Broad-Piece, five Crowns, and two or three Shillings; I seal'd them up in the Bag, and here they are.

* Alexander Johnson was try'd in July last. Vid. Sessions Paper, Numb. 6. p. 156.

Court. How did she say she came by the Money?

Johnson. She said she took this Money and this Bag from Madam Duncomb, and begg'd me to keep it secret; My Dear, says I, I would not secrete the Money for the World. She told me too, that she had hired three Men to swear the Tankard was her Grandmother's, but could not depend upon them; that the Name of one was William Denny , another was - Smith, and I have forgot the third. After I had taken the Money away she put a Piece of Mattress into her Hair, that it might appear of the same Bulk as before. Then I lock'd her up and sent to Mr. Alstone, and told him the Story; and, says I, Do you stand in a dark Place to be a Witness of what she says, and I'll go and examine her again.

Prisoner. I tied my Handkerchief over my Head to hide the Money, but Buck happening to see my Hair fall down he told Johnson; upon which Johnson came to me, and said, I find the Cole's planted in your Hair, let me keep it for you, and let Buck know nothing of it. So I gave Johnson 5 Broad-Pieces, and 22 Guineas, not gratis, but only to keep for me, for I expected it to be return'd when Sessions was over. As to the Money, I never said I took it from Mrs. Duncomb, but he ask'd me what they had to rap against me, I told him only a Tankard; he ask'd me if that was Mrs. Duncomb's, and I said Yes.

Court. Johnson, were those her Words, This is the Money and Bag that I took?

Johnson. Yes; and she desired me to make away with the Bag.

Mr. Alstone. On the Day she was committed Mr. Johnson sent for me, and said he had found a Bag of Money in her Hair; he shew'd me the Money, and would have had me to have taken it, but I refus'd. I asked him where the Bag was, he said he had left it with her. I told him he should have taken that too, because there might be some Mark upon it. He said he'd call her, and get it from her, and he desir'd me to stand out of Sight, and hear what she said. I accordingly stood in a dark Place and she came up and delivered the Bag to him, and desired him to burn it, or to destroy it some Way or other. She said she only wanted Witnesses to swear to the Tankard, and for all the rest she could do well enough. She afterwards told me, Part of the Money that was found on her was Mrs. Duncomb's, and taken out of her Chamber; that two Men and a Woman were concerned with her, and that she herself was the Contriver, and laid the Scheme of the Robbery; that she let them in, and sate upon the Stairs to watch while they committed the Fact, but that she knew nothing of the Murder; that one Will. Gibbs had been with her from the two Alexanders (the Men who she said were concerned with her) and that she had sent them 10 Guineas.

Council. My Lord, we have here her Information* upon Oath before Sir Richard Brocas.

* The Examination and Confession of Sarah Malcolm, taken on Oath, Feb. 6. 1732. before Sir Richard Brocas, Knt.

Who on her Oath faith, That on Sunday Morning last, about 2 o'Clock, she, this Examinant, was concerned with Thomas and James Alexander , Brothers, and Mary Tracey , who murder'd Elizabeth Harrison , Lydia Duncomb , and another Person, whose Name she, this Examinant, does not at present know, on or about the Time last mentioned, in the Temple in this City, which was done in the Manner following:

That she, this Examinant, had several Conferences with the abovesaid Persons concerning the robbing of Mrs. Duncomb ; and that about 10 o'Clock on Saturday Night last, James Alexander got into Mrs. Duncomb's Chambers, and concealed himself under a Bed till about 2 o'Clock, when he opened her Chamber-Door, and let the said Mary Tracey and Thomas Alexander into the said Chambers; and that she, this Examinant, stood on the Stairs as a Watch whilst they committed the said Murders, and at the same Time stole from out of the said Chambers about 300 l. in Money, a Silver Pint Tankard, and 2 Silver Spoon, with divers other Goods to a great Value; which said Money and Goods were by the abovesaid Persons brought down to her, and then distributed in equal Portions amongst them, between 4 and 5 o'Clock on Sunday Morning last past.

Court. If it is upon Oath it cannot be read, for Persons are not to swear against themselves; all Examinations ought to be taken freely and voluntarily, and not upon Oath, and then we can read 'em. Indeed if afterwards the Examinant will accuse others, his Information may be separately taken upon Oath, but then it is not to be brought in Evidence against him.

Prisoner. Johnson swears he found 20 Moidores on me, and Mrs. Rhymer swore there was but 18 lost.

Court. She was not positive, but said there might be about so many.

Council. My Lord, we have gone thro' our Evidence, I shall only take Notice of a few Particulars, and then submit the Whole to your Lordship and the Jury.

Mr. Kerrel and Mr. Gehagan have given an Account, that upon searching Mr. Kerrel's Room they found some clean Linen which the Prisoner owned to be hers.

Mrs. Crowder, upon comparing the Cut and Darning of this Linen, verily believes that it was Mrs. Duncomb's, and that it was in the Box where the Money was kept.

Mrs. Rhymer too had seen some Linen there, but is not so particular.

Mr. Kerrel found a Tankard in his Close-stool with the Handle bloody; the Prisoner own'd this Tankard to be hers, but endeavours to account for the Blood by saying that she had prick'd her Finger.

Mastreter says, That her Finger indeed appeared to have been hurt, but that the Wound was not fresh. And Mrs. Rhymer and Mrs. Crowder both swear positively that the Tankard was Mrs. Duncomb's.

The bloody Linen, and especially the Apron, are strong Circumstances against her; and as to Mrs. Duncomb's Door being left bolted within-side we have shewn by two unexceptionable Witnesses how easily it might be done.

Johnson's finding the Money in her Hair, and her desiring him to conceal it and destroy the Bag, and the rest of her Conversation with him, discovers how well practised she was in Wickedness; and her confessing that the Money was Mrs. Duncomb's, and that she took it out of Mrs. Duncomb's Chambers, is a Circumstance so strong as amounts to a Proof.

Prisoner. Yes; I own'd Part of the Money to be hers, but not that I took it out of her Chambers; and it was Johnson that instigated me to burn the Bag.

Council. And the Prisoner has frequently called upon the Witnesses to declare whether the bloody Linen was wet or dry; what Cloaths she had on, and whether they were bloody or not? I know not what Service it could do her if it was allowed that the Blood was dry, and that there was no Blood on her Cloaths, when it is remembered that it was 24 Hours from the Time the Fact was committed to the Time that the Linen was found, and she was suspected; a Time sufficient for the Blood to dry, and for her to shift her Cloaths.

The Prisoner's Defence.

Prisoner. Modesty might compel a Woman to conceal her own Secrets if Necessity did not oblige her to the contrary; and 'tis Necessity that obliges me to say, that what has been taken for the Blood of the murdered Person is nothing but the free Gift of Nature.

This was all that appeared on my Shift, and it was the same on my Apron, for I wore the Apron under me next to my Shift. My Master going out of Town desir'd me to lye in his Chamber, and that was the Occasion of my soul Linen being found there. The Woman that wash'd the Sheets I then lay in can testify that the same was upon them, and Mr. Johnson who searched me in Newgate has sworn that he found my Linen in the like Condition. That this was the Case is plain; for how is it possible that it could be the Blood of the murder'd Person?

If it is supposed that I kill'd her with my Cloaths on, my Apron indeed might be bloody, but how should the Blood come upon my Shift? If I did it in my Shift, how should my Apron be bloody, or the back part of my Shift? And whether I did it dress'd or undress'd, why was not the Neck and Sleeves of my Shift bloody as well as the lower Parts?

I freely own that my Crimes deserve Death; I own that I was accessary to the Robbery, but I was innocent of the Murder, and I'll give an Account of the whole Affair.

I lived with Mrs. Lydia Duncomb about three Months before she was murder'd; the Robbery was contrived by Mary Tracey , who is now in Confinement, and myself, my own vicious Inclinations agreeing with hers. We likewise propos'd to rob Mr. Oaks in Thames-street; she came to me at my Master's, Mr. Kerrel's Chambers, on the Sunday before the Murder was committed ; he not being then at Home, we talked about robbing Mrs. Duncomb; I told her I could not pretend to do it by myself, for I should be found out. No, says she, there are the two Alexanders [Thomas and James] will help us. Next Day I had 17 Pounds sent me out of the Country, which I left in Mr. Kerrel's Drawers. I met them all in Cheapside the Friday following, and we agreed on the next Night, and so parted.

Next Day being Saturday, I went between 7 and 8 in the Evening to see Mrs. Duncomb's Maid Elizabeth Harrison , she was very bad; I stayed a little while with her and went down, and Mary Tracey , and the two Alexanders came to me about 10 o'Clock according to Appointment. She would have gone about the Robbery just then, but I said it was too soon. Between 10 and 11 she said, We can do it now. I told her I would go and see, and so I went Up-stairs and they followed me; I met the young Maid on the Stairs with a blue Mug, she was going for some Milk to make a Sack-Posset; she asked me who those were that came after me; I told her they were People going to Mr. Knight's below. As soon as she was gone I said to Mary Tracey , Now do you and Tom Alexander go down, I know the Door is left a-jar, because the old Maid is ill, and can't get up to let the young Maid in when she comes back. Upon that they went down, and James Alexander , by my Order, went in and hid himself under the Bed; and as I was going down myself, I met the young Maid coming up again; she ask'd me if I had spoke to Mrs. Betty, I told her No; tho' I should have told her otherwise, but only that I was afraid she might say something to Mrs. Betty about me, and Mrs. Betty might tell her that I had not been there, and so they might have a Suspicion of me. I past her and went down, and spoke with Tracey and Alexander, and then went to my Master's Chambers, and stirr'd up the Fire. I stayed about a Quarter of an Hour, and when I came back I saw Tracey and Thomas Alexander sitting on Mrs. Duncomb's Stairs, and I sat down with them. At 12 a Clock we heard some People walking, and by-and-by Mr. Knight came in, and went to his Room and shut the Door. It was a very stormy Night; there was hardly any Body stirring abroad, and the Watchmen kept up close except just when they cried the Hour. At 2 o'Clock another Gentleman came and called the Watch to light his Candle, upon which I went farther Up-stairs, and soon after this I heard Mrs. Duncomb's Door open; James Alexander came out and said, Now is the Time. Then Mary Tracey and Thomas Alexander went in, but I stayed upon the Stairs to watch. I had told them where Mrs. Duncomb's Box stood; they came out between 4 and 5, and one of them call'd to me softly, and said Hip! How shall I shut the Door? Says I, 'Tis a Spring-lock; pull it to, and it will be fast ; and so one of them did. They would have shared the Money and Goods upon the Stairs, but I told them we had better go down; so we went under the Arch by Fig-Tree Court, where there was a Lamp; I ask'd them how much they had got, they said they had found 50 Guineas, and some Silver in the Maid's Purse; above 100 l. in the Chest of Drawers, besides the Silver Tankard, and the Money in the Box, and several other Things; so that in all they had got to the Value of about 300 l. in Money and Goods. They told me they had been forced to gag the People; they gave me the Tankard with what was in it, and some Linen, for my Share, and they had a Silver Spoon and a Ring, and the rest of the Money among themselves. They advised me to be cunning, and plant the Money and Goods under Ground, and not be seen to be flush; then we appointed to meet at Greenwich, but I did not go.

I was taken in the Manner as the Witnesses have sworn, and carried to the Watch-house, from whence I was sent to the Compter, and so to Newgate. I own that I said the Tankard was mine, and that it was left me by my Mother. Several Witnesses have swore what Account I gave of the Tankard being bloody; I had hurt my Finger, and that was the Occasion of it. I am sure of Death, and therefore have no Occasion to speak any thing but the Truth. When I was in the Compter I happened to see a young Man whom I knew with a Fetter on; I told him I was sorry to see him there, and I gave him a Farthing and a Shilling, and call'd for half a Quartern of Rum to make him drink. I afterwards went into my Room, and heard a Voice call me, and perceived something poking behind the Curtain, I was a little surprized, and looking to see what it was, I found a Hole in the Wall, thro' which the young Man I had given the Shilling to spoke to me, and ask'd me if I had sent for my Friends; I told him, No. He said he'd do what he could for me, and so he went away; and some time after he call'd to me again, and said Here's a Frien. I look'd thro', and saw Will. Gibbs come in; I think it was Will. Gibbs; says he, Who is there to swear against you? I told him my two Masters would be the chief Witnesses. And what can they charge you with? says he; I told him the Tankard was the only Thing, for there was nothing else that I thoughts could hurt me. Never fear then, says he, we'll do well enough; we will get them that will rap the Tankard was your Grandmother's, and that you was in Shoreditch that Night the Fact was committed; and we'll have two Men that shall shoot your two Masters: But says he, one of the Witnesses is a Woman, and she won't swear under 4 Guineas, but the Men will swear for 2 Guineas a-piece; so he went away, and brought a Woman and 3 Men; I gave them 10 Guineas, and they promised to wait for me at the Bull-Head in Bread-street; but when I call'd for them, as I was going before Sir Richard Brocas , they were not there. Then I found I should be sent to Newgate, and I was full of anxious Thoughts; but a young Man told me I had better go to the Whit [Newgate] than to the Compter.

When I came to Newgate I had but 18 d. in Silver, besides the Money in my Hair, and that 18 d. I paid for my Garnish; I was ordered to a high Place in the Goal. Buck, as I said before, having seen my Hair loose told Johnson of it, and Johnson ask'd me if I had got any Cole planted there; he search'd and found the Bag, and there was in it 36 Moidores, 18 Guineas, 5 Crown Pieces, 2 half Crowns, 2 Broad Pieces of 25 s. four of 23 s. and one half Broad Piece. He told me I must be cunning, and not be seen to be flush of Money; I desir'd him to keep it for me till I got clear, and only let me have a little now and then as I wanted it; then says he, Do you know any body that will swear for you? No, says I, can you help me to any? I would not do such a thing for the World, says he, if I thought you guilty; so he took the Money and we parted, but in a little Time he called me down again, and said, What have you done with the Bag? I have it, says I, but what wou'd you advise me to do with it? Why, says he, you might have thrown it down the Necessary-House or have burnt it, but give it me and I'll take care. of it; and so I gave it to him. Mr. Alstone then brought me to the Condemn'd Hold and examin'd me; I denied all, till I found he had heard of the Money, and then I knew my Life was gone; and therefore, I confess'd all that I knew; I gave him the same Account of the Robbery as I have given now. I told him I had heard my Masters were to be shot, and I desired him to send them Word. I described Tracey and the 2 Alexanders, and when they were first taken they denied that they knew Mr. Oaks, whom they and I had agreed to rob.

All that I have now declared is Fact, and I have no occasion to murder three innocent Persons by a false Accusation; for I know I am a condemn'd Woman, I know I must suffer an ignominious Death which my Crimes deserve, and I shall suffer willingly; I thank God that he has granted me Time to repent, when I might have been snatch'd off in the midst of my Crimes, and without having an Opportunity of preparing my self for another World.

My Lord, as there was more Money found upon me than belong'd to Mrs. Duncomb, I hope your Lordship will be so good as to order what was my own to be return'd me.

Court. The Court cannot determine whose Property the Money is, till the Jury have brought in their Verdict.

The Jury withdrew for about a Quarter of an Hour to consider of their Verdict, and when they return'd the Prisoner was again brought to the Bar; and they were call'd over by the Clerk of the Arraigns, and answer'd to their Names.

Clerk. Gentlemen of the Jury, are you agreed on your Verdict?

Jury Yes.

Clerk. Who shall say for you?

Jury. Our Foreman.

Clerk. Sarah Malcolm , hold up your Hand. You of the Jury look upon the Prisoner; how say you? Is Sarah Malcolm guilty of the Felony and Murder, whereof she stands indicted, or not guilty?

Foreman. Guilty.

Clerk. How say you? Is she guilty on the Coroner's Inquisition, or not guilty?

Foreman. Guilty.

Clerk. What Goods, Chattels, Lands, or Tenements, had she at the Time of the Felony and Murder committed, or at any time since to your Knowledge?

Foreman. None.

Clerk. Hearken to your Verdict as the Court has recorded it. You say that Sarah Malcolm is guilty of the Felony and Murder whereof she stands indicted, and that she is likewise guilty on the Coroner's Inquest; and you say that she had no Goods or Chattels, Lands or Tenements, at the Time of the said Felony and Murder committed, or at any time since to your Knowledge, and so you say all.

[Death. See summary.]

67 Richard Tredwell , was indicted for stealing four silver Spoons, Value 30 s. and a silver Salt, Value 20 s. the Goods of Philip Harris , in his House , Feb. 18 . and

68. William Crone , for receiving the same, knowing them to be stolen .

Mary Harris . Tredwell was my Servant , on Sunday Evening I sent him of an Errand, he return'd in pretty good Time, and after Supper I sent him out again, but he came back no more. When it grew late I began to be uneasy, because my Husband was out of Town. I look'd about, and mist a Salt and four Spoons. On Tuesday Morning following, the Prisoner sent Word to his Sister to come to him at an Alehouse in Chick-Lane, so he was taken and brought to me. He seem'd very much troubled, and lamented sadly; Madam, says he, that Night you sent me out, as I went by St. Sepulcher's Church-wall, I met with a Woman that has been my Ruin: She said, my Lad, will you give me a Quartern of Gin? I told her I had no Money. No! says she, you don't look like one that wanted Money; where do ye live? I told her with Mr. Harris in Warwick-lane, Can't you rob the House? says she; sure you may steal something or other, and let it be what it will, the People of the House where I live will receive it of ye. Then, Madam, this Creature came with me to your Door, and would fain have had me let her in, but I was afraid to do that, and so she waited for me in the Alley. I took an Opportunity of slipping the four Spoons and Salt into my Pocket, and when you sent me out again, I went with this Woman to her Lodgings at William Grone's in Bishop's-Court in the Little Old-Baily. There I treated her with two Quarterns of Cherry Brandy, and then the Woman of the House (Crone's Wife) said, if I intended to lye there all Night, one of her Girls must lye out of her Bed, and therefore I must give her Half a Crown to get her another Lodging. I gave one of the Spoons to the Woman that pick'd me up, and when Crone came home next Morning, they wanted their Reckoning, and Crone said he would dispose of the Plate for me, but I must give him a Crown for his Day's Work: So he and his Wife went out and pawn'd the Spoons for 35 s. but Crone kept the Salt himself, and he gave me but 9 s. out of the 35, and let me stay in the House till I had spent 8, and then they turn'd me out of Doors.

Court. What Tredwell confess'd may affect himself, but is no Evidence against Crone. Did you hear Crone confess any thing?

Mrs. Harris. Yes; he said when he came home on Sunday Night his Wife told him, that Madam had got a Spoon of the Gentleman's, and would not give it him; upon which, says Crone, I said to Madam, Damn ye, no Gentleman shall be affronted in my House, and my Wife shall have the Spoon. I told Crone, he must needs think the Spoons were stolen. I vow to God, Madam, says he, I thought the Fellow look'd like an honest Fellow. I own my Wife keeps an ill House, but I can't help it, she'll cut my Throat if I don't submit to her, for she is worth Money.

Mr. Lambkin. Crone and his Wife came together to my House, and pawn'd the Spoons for 35 s. she told me while I stood by, that they were her t'other Husband's Spoons.

Constable. Crone own'd to me that he pawn'd the Spoons at Lambkin's.

Crone. I own that I had the Salt and pawn'd the Spoons, and Tredwell gave 'em me to pawn to discharge his Reckoning, for he had run up 26 s. that Night and the next Morning.

Tredwell. I own I took the Things, but I was enticed to it by the Woman that lodges at Crone's. I never was guilty of any such Fact before I gave Crone the Spoons and Salt to pawn, and he pretended to me that he pawn'd 'em all for 35 s. but he afterwards confess'd that he pawn'd only the Spoons for so much, and kept the Salt himself.

Two or three Witnesses appear'd to Crone's Character. They swore he was a very honest Man and kept a Bawdy House, and they never heard any thing amiss of him.

The Jury found Tredwell guilty to the Value of 4 s. 10 d. and Crone guilty of the Indictment.

[Transportation. See summary.]

69. Ambrose Way , was indicted for stealing a Handkerchief, Value 6 d. the Property of Laurence Street , Jan. 25 . Acquitted .

70. Elizabeth Windham , was indicted for stealing 1 Silver Spoon , the Property of , Esq ; Jan. 26 . Acquitted .

71. Edward Ward , was indicted for stealing a Violin and 3 Sheets , the Goods of John Icomb , Jan. 13 . Acquitted .

72. Robert Hog , was indicted for stealing 2 Books , the Goods of James Gibson , Jan. 18 . Acquitted .

73. Sarah Brown , was indicted for stealing 4 Guineas , the Money of Dame Mary Crew , May 14 , no Evidence. Acquitted .

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

Receiv'd Sentence of Death 10.

Rowly Turner , David Delly , Joseph Fretwell , William West , Andrew Curd , Leonard Budley , William Harris , George Dawson , William Chamberlain , Sarah Malcolm .

Burnt in the Hand 1.

L - P - .

Transportation 43.

Margaret Garnet , Daniel Cobb , Samuel Wilkinson , Edward White , Charles Hutchins , Martha Dixon , Ann Hutchins , Ann Makepeace , Mary Silk , William Jones , Elizabeth Coney , Jane Judson , Michael Allom , Alice Gregory , Catherine Delavan , Barbara Black , Catherine Ogleby , John White , Christopher Atkinson , Harry Fowl , Joseph Hitch , Benjamin Burdet , Catherine Vert , Thomas Bottam , George Felton , Bartholomew Fuller , William Allbriton , William Bates , James Hastings , John Walter , Ann Andrews , Ann Herbert , Elizabeth Earle , Hannah Ward , William Norman , Richard Tredwell , William Crone , William Doland , Christopher Boyle , Nathaniel Hargrove , William Harris , William Atterbury , Thomas Howard .

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III. Political Points. viz. Of the Jury Act, Salt-Tax, English Law Act and Language; the Excising of Commodities treated seriously and humourously; the Town Ladies Remonstrance against it. Public Money ill laid out. Situation of the Ministry, Scheme explained, &c.

IV. POETRY. viz. The Convert to Tobacco. Pieces in Praise of the Queen, Dr. Swift, and Dr. Friend. The Irish Miller to Stephen Duck . Queen's Grotto. The first Day of March: The London Dame; Belinda's Canary-Bird; Sportman's Prayer. A remarkable Epitaph; Critical Ballad Cole on Mr. Handel's Te Damn. GEORGIA and CAROLINA. On Dryden's Monument. Two tainted Limbs of the Law. The Patriot no Poet. On Providence from the Essay on Man. Modern Misses. Epilogue.

V. Occurrnces Domestic and Foreign. Representations against extending the Excise. A Member's Answer thereto Deaths, Births, Marriages, Preferments, Elections, Bankrupts. Of Malcolm and the Hallams, inhumane Murderers ; Trials; Value of Broad Pieces; Price of Goods, Grain, Stocks, Course of Exchange; Monthly Bill of Mortality, Weekly Butials.

VI. A Register of Books and Pamphlets published.

VII. A Table of the Contents.

LONDON: Printed for the AUTHOR, at St. John's Gate:

Where is Printed, with the Alterations inserted as they happen, also the Places of Abode in Town, An exact LIST of PARLIAMENT, with blank Pages; more correct than those that are piratically printed from it.

Both-Sold by Fr. Jefferies in Ludgate-street; at the Pamphlet Shops; and by most Booksellers. Where may be had any of the former Numbers, or Compleat Setts bound; a few on Royal Paper.

N. B. The Variety of Schemes that have been built on about of the Gentleman's Magazine, and the small success the Generality of them have met with, is a Confession both of its Usefulness, and the Condour of the Publick in encouraging That which was primarily calculated for their Entertainment. The most assiduous rs shall be used to deserve a Continuance of their Prayer.

Notwithstanding the Weekly Productions multiply so fast, we trust we shall be able, by a new Letter that is casting for us, to give a Satisfactory Account of the whole Month's. We shall always preserve our Impartiality, and publish our Book as early as any other, tho' it should not happen to be advertis'd so soon in the News-Papers, in some of which our Advertisement has been more than once postponed several Days.

This Book shall be forwarded Monthly as soon as publish'd to any Part, on sending proper Directions to the Printer at St. John's Gate.

This Day was published,

For the Use of Families (beautifully printed in Two Vols. 8 vo. adorned with 34 Copper Plates, engraven by Mr. Sturt.

DUPIN's Evangelical History: Or, The Records of the Son of God, and their Veracity, demonstrated in the Life and Acts of Our Blessed Lord and Saviour Jesus Christ, and his Holy Apostles. Wherein the Life of the Blessed Jesus is related in all its Circumstances, according to the Order of Time. His Parables, Miracles, and Sufferings, set in a just Light, and defended from all Oppositions of wicked and designing Men.

Printed for R. Wane, at the Bible and Sun in Amen-Corner, near Pater noster Row. price 8 s.

Also may be had at the same Place,

I. The large HOUSE BIBLES, Folio, with six Maps of Geography, and a brief Concordance for the more easy, finding out of the Places therein contained, by J Dowhame, B. D.

Bound in Calf Leather - 1 l. 8 s. per Book.

And with Mr. Scutt's Cuts, at 2 l. 5 s. ditto.

On a fine Paper with Cuts - 3 l. 3 s. ditto.

II. The History of the Old and New Testament Extracted from the Sacred Scriptures. To which are added The Lives, Travels and Sufferings of the Apostles; with an Exact historical Chronology of such Matters as are related in the Holy Bible. Illustrated with two hundred and sixty Cuts, in Folio. By R. Blome; price 2 l. 10 s.

III. A Treatise of Architecture, with Remarks and Observations. By that excellent Master thereof, Sebastian le Clarc, Knight of the Empire, Designer and Engraver to the Cabinet of the French King, and Member of the Academy of Arts and Sciences, necessary for young People who would apply to that Noble Art . Engraven in two hundred Copper Plates, by JOHN STURT . Translated by Mr. Chambers. price 10 s. 6 d.

A Speedy Cure for the ITCH.

At the Crown and Ball in George's Court in St. John's-Lane, near Hick's-Hall, is Sold,

A WATER which perfectly cures the ITCH, or Itching Humour in any Part of the Body, having no offensive Scout; and hath been approved by many Years Experience. Price 2 s. 6 d. a Bottle, with Directions. Prepared by A Downing, Chymist.

At the same PLACE may be had,

The true Essence or Spirits of Scurvy-Grass, both Purging and Plain, most excellent in all Degrees of the Scurvy, at 2 d. a Bottle. And the great Elixir of Life, called Daffy's Elixir, truly prepared from the best Ingredious, very useful in all Families. Price 2 s. 6 d. the Half-pint.

The VENETIAN INTERJECTION:

Being a speedy and safe Cure, as well as an infallible Prevention, for a GONORRHOEA or CLAPP.

IT's well known, that the old Way of curing CLAPPS or GONORRHOEA's by the tedious and uncertain Use of Purging Medicines and Balsamicks, is, at this time, by the most skillful and disinterested Practitioners, held in the Contempt it deserves; it serving no other purpose than to prolong the Cure, and increase the Doctor's Demand; frequently entailing n obstinate GLEET on the Patient, and too often a Pox.

Anatomical Examinations of the Parts first effected, have made it plain, beyond all Contradiction, that this Disease is a local one, that is to say, is confined to the Parts affected only, without entering into, or mixing with the blood : Which Parts are the small Glands called Lacune. These Glands have been accurately described by our eminent Country-Man Mr. WILLIAM COWPER , and since him y the celebrated Dr. MORGAGNI Professor ow at PADUA. In consequence of which is most certain, that the proper Way of treating this Disease, is to apply directly to the arts affected, a Medicine capable of altering the Nature of the poisonous Venom with which they are enflamed and ulcerated, and also to cleanse and heal up the Ulcer; which Medicine must have nothing of an astringent Quality.

Purging Medicines taken by the Mouth, will, if duly examined into, be found to have no other Pretence to the Service they are fancy'd to do in this Case, than acting directly as detergent Medicines, on the Parts affected, after they have circulated through the whole Mass of Blood. For consider them merely as Purgers, they serve only to weaken the Parts, and bring on obstinate GLEETS. This every-day's Practice notoriously confirms. Yet has it, till lately, been thought necessary to plague the Patient with them three Weeks together, to make room for nauseating Balsamicks, such as Turpentine, Capivi, &c. which cannot be ventur'd upon before Purging, because they are apt to stop the Running, and send it into the Blood before the Venereal Polson is destroy'd; whence a Pox certainly ensues.

A due Consideration of all these Things has put several eminent Physicians and Surgeons upon rejecting the old, tedious, and uncertain Method of Cure by Purging, and introducing a new, speedy, and infallible one by INJECTION; that is to say, by siringing a certain Liquor into the Privities, thereby cleansing the diseased Parts from their Venom, and healing their Ulcerations, without the Fatigue of Purging, or the Nauseousness of Ballamick Medicines: and this in a quarter of the Time, and with a thousand times the Safety of the old Method. The great Numbers which Dr. COCKBURN and others have so cured in LONDON are sufficient Testimonies of it.

But if we consider ITALY, and especially the Republick of VENICE, where the Venereal Disease occurs more frequently than in any other Parts of Europe: We shall find that there, since the Discoveries of the afore-mentioned Dr. MORGAGNI, they have totally laid aside all other Methods of Cure, and adhered to THIS of INJECTION alone; which they have found to succeed in so happy a Manner, as never once to fail: So that a CLAPP is now regarded there as a mere Trifle, which before seldom went off without a Pox.

Not to enlarge any further at present upon the Excellency of this Method, it may now be proper to inform the PUBLICK, that a very eminent Italian Physician has transmitted to his Correspondent in LONDON a considerable Quantity of the Liquor known by the Name of the VENETIAN INJECTION, which in a few Days infallibly cures any CLAPP, if used in the following Manner ;

The Patient, if a Man, is with a Syringe (which will be deliver'd with the Bottle of Liquor if required) to inject about an Ounce of the Liquor twice a Day into his Yard, and keep it there about a Minute. If the Liquor be a little warmed it will be the better This he will perceive the Heat of Urine to abate, the Running to grow white, and afterwards thick and ropey, and in five or six Days time to be quite gone, the Cure being compleated with the utmost Safety. For Women, they may be supply'd with a proper Syringe by any Mid wife or Pewterer, and they are to observe the same Method.

N. B. This INJECTION will certainly prevent a CLAPP, as it has done Thousands of Times, if it be used as before, twice or thrice within a Day after impure Coition.

It requires not the least Consinement, nor any particular Diet, nor a total Abstinence from Wine, or other strong Liquors: Though a moderate Use of such Things suits with it best.

It is sold, seal'd up with the Author's Arms, in square Venetian Bottles, at half a Guinea each, with large Directions, (one Bottle being sufficient for a Care) only at the following Places, viz. Mr. Payne's a Toy-Shop in the Passage out of Castle-Alley into the Royal-Exchange. At Mr. Stephens's the Golden Comb, a Toy-Shop under St. Dunstan's Church Fleet-Street. At Mrs. Raven's the Half Moon, a Snuff-Shop in the Passage over against St. Martin's Church Yard going into Duke's-Court. At Dr. Butler's next Door to the Rummer Tavern in James Street, Covent-Garden. At Mr. Shepheard's the Elephant-and-Castle a Cutler's on Wapping-Wall. And at Mr. Neal's the Blue Last and Comb, a Toy-Shop against the White-Hart-Inn in the Borough, Southwark.

Just Published,

(Beautifully Printed in Octavo, Price 4 s. 6 d.)

ROSALINDA, a Novel. Containing the Histories of Rosalinda and Loaldus; Doritha and Leander 3 Emilia and Edward; Adelais, Daughter of Otho II . and Alerames, Duke of Saxony. With a most remarkable Story of Edmund, the Callant Earl of Salisbury, Nephew to that Earl of Essex, who was General of the Parliament Army against K. Charles I. Intermix'd with a Variety of the most affecting Scenes, both of Distress and Happiness. By a Man of Quality. Translated from the French.

Printed for C. Davis, and sold by John Osborn at the Golden Ball in Pater-noster-Row.

Where may he had, lately published,

1. Voltaire's Hist. of Charles XII . King of Sweden, 4th Edition corrected.

2. Mocray's Supplement to the Hist. of Charles XII .

3. Fieni Operationes Chirurgice.

4. Brown's Works. 4 Volumes.

5. Houghton's Husbandry and Trade improv'd, 4 Vols.

6. Pope's Homer's Ilias, 6 Volumes.

7. Dupin's Abridgment, 4 Volumes.

8. Bishop Bale's Chronicle of Lord Cobham.

9. Abridgment of State-Trials, 7th. 8th and 9th Vols.

10. Breval's Travels, with Cuts, 2 Vols.

11. Fiddes's Body of Divincy, 2 Vols. large Paper.

12. Motray's Travels, 2 Vols. with Cuts.

13. History of Japan, with Cuts, 2 Vols.

14. James of Gardening, with Cuts.

This Day is publish'd,

With a Trotispiece of the famous Jack Shepherd 's Escape out of the Condemn'd Hole of Newgate,

(Price 3 s. 6 d.)

THE LIVES of the most remarkable Criminals, who have been condemn'd and executed, for Murder. Highway, House-Breaking, Street-Robberies, Coining, or other Offences, from the Year 1720 to the present Time: Containing particularly, the Lives of Mrs. Griffith for the Murder of her Maid; Kennedy the Pyrate; Molony and Carrick, Highwaymen; Brinsden who murder'd his Wife; Leves and the rest of his Gang, Street-Robbers; Capt. Maffy for Pyracy; Roch for Pyracy and Murder; a full Account of the Waltham Blacks; the famous Jack Shephard ; his Companion Blueskin; and Towers who was hang'd for setting up the new Mint. Collected from Original Papers and Authentick Memoirs. To which is prefix'd a Preface, containing a General View of the Laws of England, with respect to Capital Offences.

Printed and sold by J. Applebee in Bolt-Court, Fleet-street; A. Bettesworth and C. Hitch in Pater-noster-Row; J. Pemberton against St. Dunstan's Church; J. Isted at the Golden Ball, in Fleet-street; E. Symon in Cornhill; R. Ware in Amen-Corner near Pater-noster-Row; W. Mears the Corner of Bell-Savage Inn on Ludgate-hill: R. Wellington without Temple-Bar; E. Nutt at the Royal Exchange ; and A. Dodd without Temple Bar.

The Publick may depend on the Accounts publish'd in this Work, as containing a just and faithful Narration of the Conduct of these unhappy Persons, and a true State of their respective Crimes, without any Additions of feigned and romantick Adventures, calculated meerly to entertain the Curiosity of the Reader.

N. B. Vol. II. is in the Press, and will be publish'd with all convenient Expedition.

IN the Plantation of South-Carolina, at His Majesty's New Settlements, are wanted immediately.

Carpenters, Sawyers, Smiths and Coopers, who shall have good Wages yearly.

Several hundreds of other Tradesmen (Countryman especially, that will go as Servants) may have very good Encouragement.

Ships will depart every Week for Carolina.

N. B. Enquire for John Taylor , at the End of Castle-Alley, near the New Buildings, behind the Royal-Exchange, who will immediately contract with all Persons for the Merchants, every Day.