Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 April 2014), June 1733 (17330628).

Old Bailey Proceedings, 28th June 1733.

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

Thursday the 28th, Friday the 29th, and Saturday the 30th of June 1733, in the Sixth Year of His MAJESTY's Reign.

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



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

(Price Six Pence.)

Where may be had the former Numbers in the present Mayoralty,


BEFORE the Right Honourable JOHN BARBER , Esq; Lord Mayor of the City of London; the Lord Chief Baron Reynolds ; Mr. Justice Lee; 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 Morris ,

Thomas Pain ,

Edward Gwin ,

Thomas Newcomb ,

Elias Fosset ,

John Stevenson ,

James Coles ,

Roger Smith ,

John Burdet ,

John Goodchild ,

Matthew Cherry ,

William Stamford .

Middlesex Jury.

Thomas Ayloff , Gent.

William Baker ,

Nathaniel Marsh ,

David Allen ,

William Huddle ,

John Hudson ,

Richard Young ,

Thomas Harrison ,

Richard Sutton ,

William Bignell ,

David Shipton ,

Henry Cross .

1. John Dominicus , was indicted for privately stealing 2 Gold-Rings, value 50 s. the Goods of Cornelius Herbert , in his Shop , June 6 .

Cornelins Herbert. The Prisoner came to my Shop on London-Bridge , and desired to see some weighty Gold-Rings. I shew'd him two that were very heavy. He seem'd to be well pleas'd with them, and call'd for Pen and Ink to set down the Weight and Value. I began to suspect that he wanted to make off, and I happen'd to think right, for he took up the two Rings and ran out; I follow'd, as well as the Gout would let me, and cry'd, Stop Thief! He was soon seiz'd, and when I came up to him he had the two Rings in his Hand, and I took them out my self.

Prisoner. I had bought a Rings of the Prosecutor some time before, and I afterwards found that he had charged me 5 s. more than they were worth, and so because I would not be cheated again, I took these two Rings to shew to a Friend before I paid for them.

Mr. Herbert. I don't know that I ever saw him before. Guilty 4 s. 10 d.

[Transportation. See summary.]

2. Thomas Butcher , was indicted for stealing a Cloth-Coat value 10 s. the Property of John Bainton , May 10 . Acquitted .

3. John Wily , was indicted for stealing 10 Gallons of Brandy value 35 s. the Property of Arthur Harding , June 18 Guilty .

[Transportation. See summary.]

4. Mary Hinton , was indicted for stealing a Ridinghood the Property of Mary Lambert , and a Shift the Property of Martha Lambert , May 18 . Acquitted .

5. Thomas Hayman , was indicted for stealing 3 Bushels of Malt value 6 s. the Property of Harry Cross , Toby Chauncey , and William Croker , June 13 . Acquitted .

6, 7. Mary Brian and Ann Atkinson , were indicted for privately stealing 17 yards of Printed Linen, in the Shop of William Roper , May 28 .

Hannah Slight , the Prosecutor's Servant. The Prisoners came into my Master's Shop in Chiswel street , the Corner of White Cross street , and said they wanted some Printed Linen; my Mistress took down 3 Peices. They looked over the third Piece particularly, but at last did not like it. My Mistress shew'd 'em several more Pieces, and at last took down all the Printed Linens on the Shelf. They said they wanted 14 Yards, but when they had pitch'd upon one Piece they would have but 6 Yards; they agreed upon the Price, and it came to 16 s. and Brian gave my Mistress 2 half Guineas, which, my Mistress, having some Suspicion of them, gave me to change. I observed Brian drawing something under her Peticoats with a Hitch and a Hitch thus - but did not then imagine she had stole any thing, for I thought her Peticoat was got loose and that she was tying it up, and I did not care to speak of it because there were some Men in the Shop. As soon as the Prisoner were gone out, my Mistress look'd over her Goods and mist the third Piece, which was printed with a small Sprig. My Master and some others ran after them down Chiswel street, and I follow'd them into the Black Raven Alehouse. The Linen, it seems, was not found upon them, but they were carried before Justice Robe ; and while they were gone thither Mr. Brian, the Landlord of the Raven, came to me with the Piece of Linen, and said his Maid found it dropt behind a Door in an Entry, thro' which the Prisoners went to be searched; I knew the Piece, by the Shop-mark, to be the same that was lost.

Atkinson. It was not Mrs. Brian, but I, that bought and paid for the 6 yards of Linen.

Jonathan Graves . I was in the Prosecutor's Shop when the Prisoners were there, and as soon as they were gone, Mr. Roper mist a piece of small sprig Linen, and said, Run Husband, Run Father. They ran and I with them, and we found the Prisoners at Mr. Brian's.

Prisoner Brian. Were there not a great many People in the House when we were searched?

Graves. Yes, 50 or more.

P. Brian. The Men searched us in the Kitchen, as far as Modesty would permit, and then the Women carried us thro' a Passage into a back Room and searched us to our Shifts, but found nothing.

Benjamin Eaves . I only felt on the out-side of their Cloathes thus - and no body searched them any farther in the Kitchen. But the Linen might be folded up so as not easily to be felt by such a slight Search. Mr. Brian's Maid is gone out of the way, I suppose she is bought off, for I was offer'd 12 Guineas, and my Son 20 Guineas to make it up, by some of the Prisoners Friends.

Court. But was it by the Prisoners Orders?

Eaves. I can't say that.

Mr. Brian. The Prisoners came to my House and called for a Pint of Three-threads. Presently Mr. Eaves and his Son follow'd and charged them with stealing a Piece of Printed Linen; upon which they were searched in the Kitchen, by feeling about the out-side of their Cloaths; but nothing being found they were taken thro' a dark Passage into the back Room to be searched privately by the Women, and nothing was found on them there neither. However, they were carried before the Justice. Presently after they were gone my Maid, Sarah Stone , going to fetch a Table-Cloth out of a little Cupboard, in the Passage the Prisoners had past thro', and opening the Door she trod on something behind the Door, and taking it up she call'd to me and said, Here is the Printed Linen. I took it and carried it to Mrs. Roper's, and her Maid said that was the very Piece that had been lost, and afterwards it was carried to the Justice, and here it is.

Court. Were not several People in that Passage besides the Prisoners?

Mr. Brian. Nobody at that time, besides my own Family.

Prisoners. There were numbers of People.

Mr. Brian. Yes, about my Bar there was so many that I could hardly stand for them, but not in the Passage.

Court. Did you see your Maid take the Linen up?

Mr. Brian. No; but she came out and gave it me directly.

Court. But her saying she found it there is no Evidence, except she was here to swear it. Where is she?

Mr. Brian. She's gone out of the Way, under Pretence of going to see her Mother.

Court. Then here's nobody to prove that this Linen is the very Piece that she found.

Henry Morris . I keep an Ale-house in the Burrough, I have known the Prisoner Atkinson 5 Years, she goes a Nursing, I never heard she was concern'd in any Crime before, and was surpriz'd to hear this.

Henry Leach . I have known her about 5 Years too; she was my Nurse and behaved exceeding well. The other Prisoner, Brian, lodged 2 Years in my House and made Mantua's.

Hannah Slight , again. Brian told me she lived in the Country, but when she was before the Justice she said she lived at the Bear in Wild-street. The Jury acquitted the Prisoners.

8. Mary Burness , otherwise Curtis , was indicted for privately stealing a Silver-Watch, a Gold-Ring, a Bathmetal Mourning-Ring, and a Guinea and a half, from the Person of Christopher Alexander , June 9 .

C. Alexander. I had gotten Oarders to gang wi' my Colonel tull Bristo', Sir, and so, Sir, I tuck my Things, and went tull his House at Hammersmith; but his Moather was seek, and he wanno' gang then, and so I came back to Toon again, and was to find my sell a Loading, for I had discharged my aul Landlady. And so I mat the Preesoner in King-street, Wastminster, and she seeing me Stranger-like in Boots and Spurs, and a leetle in Leequor, she and me to make her drink. I taud her I danno' want Drink, but I wanted a Loadging. Well, Sir, quo' she, gin ye wull gang wi' me tull Mrs. Humphries in Bell-Alley , ye shall ha'a Loadging and a Bed-fellow too, Sir. So she tuck haud o' my Arm, and lad me awa' to Moather Humphries. We staid a Quarter of an Hoor below Stairs, and then I paid for the Leequor and my Loadging, and I and the Preesoner went up tull Beed, and Mrs. Humphries lighted us. I undrest me and got intull the Beed, but I tuck oot my Watch to see what a Cloak it was, and it was part II. Then I put it intull my Fobe and laid my Breeks under my Heed. But the Preesoner wonno' strip, but laid her sell doon by me wi' her Clothes on.

Prisoner. Well, and what then?

C.A. Why, Mrs. Buruess, because you beat me before the Justice, you thenk tull frighten me now, but it wonno' do, troath wull it not. - And so, my Lord, I desir'd Mrs. Humphries to caw me up by sax a Cloak in the Moarning; and than, being pretty weel in for't, I sell faist asleep. Accordingly next Moarning Mrs. Humphries came tull, my Beed-side and wak'd me. Loard, Sir, quo' she, I am afraid this Betch has roab'd ye, for she has brock open my Door and run awa'.

Court. And had you lost any Thing?

C. A. Troath had I, Sir. I laost my Siller Watch with 2 Seals, a Gowd Ring, and a Brace Mourning Ring, and a Guinea and a hauf. They were aw' tacket oot o' my Breeks.

Prisoner. And what of all that? What have you to say to me?

- Humphries. I keep a House of Lodgers.

Prisoner. Of Whores you mean. She keeps a Bawdy-House, my Lord, that's the Truth on't.

Humph. You have reason to say so, indeed. This Man came in with the Prisoner. I lighted them up to Bed. I saw him pull out his Watch, and put it into his Fob again. Then he bid me call him up at 6 in the Morning, and so I left them together.

Prisoner. Hark you, Landlady, don't you remember that you and your Husband were whipt for keeping a Bawdy-House?

Humph. What's that to you? - Next Morning I found my Door broke open I ran up in a Fright, and waked the Prosecutor. He said he had lost his Watch and 2 Rings, and a Guinea and half. I told him she had a Loadging in the Neighbourhood, and I'd find her if possible, but when I went thither she was gone from thence.

Prisoner. Hussy, you lie; you are a vile Toad, a vile old Baud; you lie, you lie, you lie.

Humph. Then the Prosecutor took me up the same Morning ( it was Wednesday ) and the Prisoner was taken at Night. I bid her help the Man to his Watch again, but she said it was too far gone; but if I would say that I had never seen the Watch, we should both be discharged.

Eleanor Kelly . The Prisoner and I lodged in the same House. She came home about 2 a Clock that Wednesday Morning, and calling to her Husband, Jack! Jack! He let her in, and then she told him she had got a Trisle, and must go off again: At the same Time she shew'd me 2 Rings. Then she went out, and came home again about Noon very drunk. She had a Silver Watch in her Hand. She threw it down upon the Health, and then tumbled upon the Bed and fell asleep. I took the Watch up again and put it in her Hand.

Prisoner. You are hired to swear this.

Kelly. The Sunday Night before this, she came home and made her Brags that she had pick'd a Man's Pocket of 6 Shillings.

Prisoner. O, here's another Witness a getting up! let's hear what she can say.

Catharine Bennet . De Presonare and her Husband 'ave de loshing in mine 'Ouse, and dis Man here, come to me and say, Dat he vas drunk, and pick up de Voman and de Voman pick his Poket of his Vash and oder Tings, and vare be dis Voman, he vant dis Voman. I say to him, I see her have de Vash, but she pawn it for 18d. ven she vas drunk.

Prisoner. Now you have spoke the right Thing, and I don't blame you.

Richard Punt , Constable. The Prisoner was brought to the Watch House between 10 and 11 on Wednesday Night. I searched her, and found this Brass Mourning Ring clenched in her Hand. I have lately had her 4 or 5 times in my Custody for the like Facts.

Prisoner. Well, if you have, that's no reason I must be guilty of this too. So many against one is a little hard. It's well known I am no bold Woman. He pick'd me up, and said he would lye with me, if I could carry him to an honest House, and I went with him to Mother Humphries's, tho' much against my Will, but he would take no Denial. He gave her a Shilling for a Loadging. She sent for a Pint of Anniseed, and the reckoning came to a Crown, which be paid, and then we went up to Bed. He gave me 3s. 6d. but I insisted upon more, and then he put the Ring upon my Finger. As for the Watch, he gave it me to look upon, and I might forget to give it him again.

Court. Have you any Witnesses?

Prisoner. Witnesses? no. What's the matter I may not speak for myself. Here's a Parcel of Whores and Bands that will swear any thing against me.

Court. If you have any thing to say in your Defence the Court will hear you, but you must not be suffer'd to give such abusive Language.

Prisoner. But I won't stir till I have told the whole Story of these Bands.

Court. Take her away.

Execustioner. Do you hear, Child? Come along with me. You must beat your March. The Jury acquitted her.

9. Arthur Blake , was indicted for stealing 2 Shifts, 2 Aprons, 2 Handkerchiefs, a Cap and a Table-Cloth , June 21 . the Goods of Altimira Morgan . Guilty 10 d.

[Transportation. See summary.]

10. Thomas Lawson , was indicted for stealing a Gown and 3 Shifts, the Goods of several Persons . May 31 . Acquitted .

11. Elizabeth Bains , otherwise Hays , was indicted for stealing 2 Pewter Plates , the Goods of Henry Cater , May 8 . Acquitted .

12. Mary Forward , was indicted for stealing a Pair of Worsted Stockings , the Property of Thomas Stent . Guilty 10d.

[Transportation. See summary.]

13. Mary Gordon , was indicted for privately stealing 2 Hats, value 18s. 6d. the Goods of Joseph Cooper , in his shop , May 30 . Guilty 4s. 10d.

[Transportation. See summary.]

14. John Lawrence , was indicted for stealing 3 Firkins of Tallow, value 40s. the Goods of Thomas Trueman , in his House , March 31 . Guilty 4s. 10 d.

[Transportation. See summary.]

15. Mary Powers , was indicted for assaulting Charles Milson on the Highway, putting him in Fear, and taking from him 2 Silver Watch and 13d. May 9 .

C. Milson. Between 11 and 12 at Night I was knock'd down by 2 Men at the End of St. Martin's-Lane , and a Woman was standing by them; they very much abused me, and took my Watch and 13d. My Watch was offer'd to Sale next Day in Picadilly; upon which it was stopt and advertis'd.

Alex Geron. The Watch was offered to me by 2 Women. I stopt it. They said they had it from the Prisoner, and she being taken and carried before Justice De Veil, confest that she deliver'd it to those 2 Women. Acquitted .

16. Susan Baker , was indicted for stealing a Gown, value 6s. 4 Sheets, value 25s. 3 Table-Cloths, value 25s. a Gold Ring set with Diamonds, value 5l. a Gold Ring enamell'd, value 8s. 3 Silver Spoons, and other Things, the Goods of Elizabeth Tomlins , in the House of Matthew Field , May 30 . Guilty 39s.

[Transportation. See summary.]

17. Samuel Haydon , was indicted for assaulting John Isaac de Monstieur on the Highway putting him in Fear, and taking from him a Gold Watch, a Gold Chain, and a Cornelian Seal set in Gold , May 28 .

Prosecutor. I and my Friend having been drinking in Spring-Garden, we came together to Mr. Creamer's at the Five Bells Tavern , behind the New Church in the Strand , a little after 10 at Night, but it was hardly quite dark. We were both disorder'd with drinking, but especially my Friend. Mr. Creamer refused us Admittance, and a Chair coming to the Door, my Friend was getting into it, but Mr. Creamer bid the Chairman not let him; upon which the Chairman took my Friend by the Collar, and turn'd him out. This provok'd me so far, that I was going to strike the Chairman, when presently the Prisoner came up and struck me in the Face, and so he and I went to fighting. He fell down and pulled me over him, at which time I felt my Watch drawn from me. The Mob soon gather'd about us, but upon his getting up they clear'd the Way, and made a Ring that we might have room to fight; but upon my saying I had lost my Watch, he ran away.

- Fletcher, Chairman. I and my Partner were order'd to the Five Bells to fetch Esquire Northmore. The Prisoner pulled the Prosecutor upon him, and then getting up, he took his Hat and Wig and ran away. The Prosecutor said he had lost his Watch; upon which several of us pursued the Prisoner, I over-ran him, but my Partner took him.

Richard Howard , Chairman. The Prisoner and Prosecutor were both down. I saw the Prisoner grapple in the Kennel. The Prosecutor said his Watch was drawn from him. The Prisoner ran and hid himself under a Gate till the Pursuers past him, but I turning back found him there wiping his Hands.

Prisoner. Did not you say I put my Hand 3 times in the Kennel, and pulled out a Gold Watch?

Howard. I said I saw your Hand in the Kennel.

Prisoner. Coming along I saw a great Mob, and some a-fighting. One of the Men that fought said he had lost 8 Guineas. Mr. Creamer lost 2 Handkerchiefs, and some lost their Hats. As for the Watch, I know nothing of it, only that Harry Dod , who is a Prisoner here, told me to Day that he Knew who had it. But when I was taken there was nothing found upon me. I have some Witnesses to my Character.

Warner Parry . I have known him 7 or 8 Years. He work'd for the Fishmongers, and had a pretty good Character formerly, but of late he has kept Company with common Pick-pockets, and I have seen him make a pass at several Gentlemens Pockets.

Mr. Crotchet, Fishmonger at Temple-Bar He lived about a Year with me (3 Years ago) and before that he lived 5 Years with Mr. Weston the King's Fishmonger at the Corner of Bell-Yard, and I was Journeyman there at the same Time. I had heard no Ill of him then. But I can say little to his Character of late.

The Jury acquitted him

18. Rose Moreton , was indicted for stealing 24 Guineas and 33s. 6d. the Money of John Doe , in his House , in the Parish of St. Ann's, Westminster , June 7 .

She was a 2d time indicted for stealing 6 Yards of Cambrick, value 36s. and 3 Yards of Edging, value 6s. and a Muslin Hood, the Goods of Philip White ; and a red Cloak, value 2s. the Goods of Mary Oak , in the House of Philip White , in the Parish of St. James, Westminster , May 15 .

John Doe. The Prisoner had been my Servant 9 or 10 Days, and then she robb'd no of 26 l. 16 s. 6 d. The Money was lock'd up in a Cupboard, and she got the Keys out of my Coat Pocket when I was a-bed; and when she had taken the Money, she came and put the Key in again.

Court. How do you know?

J. D. My Eye-sight is not very good; but she came to my Bed side early in the Morning, and I saw her Hand in my Coat Pocket, and then she slipt away; and besides, nobody but she could do it, because nobody else was there. She ran away next Day *, and I mist my Money 2 or 3 Hours afterwards; for, having a Suspicion upon her going away, I went to my Cupboard, which I found Lock'd, and in which I had left 50 Guineas; I found that 24 of them and 33 s. 6 d. had been taken away.

* Probably he meant the same Day: The Fact (as appears by her Confession) being done about One in the Morning.

Thomas Thomas . The Prosecutor brought a Warrant to me for apprehending the Prisoner, and I took her in Chappel-street, on the 5th of June. I found upon her 12 Guineas, 2 half Guinea 3s. 6d. and a Groat, which she own'd she had robb'd her Master of. Next Morning I carried her before Justice De Veil, and she own'd it again there.

Her Confession was taken in writing, and being. prov'd by the Justice's Clerk, it was read in Court. She therein owns, That about one a Clock on Friday Night [Morning] she stole 24 Guineas out of the Dwelling house of her Master John Doe .

Robert Moore . She had bought herself some new Cloaths, and I heard her confess that she paid for them with part of the Money she had taken from her Master.

Second Indictment.

Elizabeth White . The Prisoner had been my Servant, and when she was taken up for robbing her Master Doe, I heard that some Cambrick and Edging was found upon her. Upon which I went to her, and this Piece of Edging, and this Muslin Hood, which are mine, and this Scarlet Cloak, which is my Sister's ( Mary Oaks ) were produc'd, and she confess'd she had taken them from me; and that she had likewife taken a Piece of Cambrick (which was mine) and had disposed of it to Elizabeth Hulm , a Chandler Woman in my Neighbourhood.

Mary Oaks . The Prisoner lived 3 Months in my Sister's Service, and was discharged the 3d of May. I was present when she made the Confession my Sister has sworn to.

Elizabeth Hulm . I take in plain-work. The Prisoner brought this 6 Yards of Cambrick to make her a Handkerchief and an Apron, and the rest she had back.

Prisoner. No, you had one Suit for making another.

Thomas Thomas . When the Prisoner was before the Justice she said that her Box was at a Green Grocer's Cellar in St. Alban's Street. The Box was setch'd, the prisoner gave me the Key, with which I open'd it, and found this Edging, Cloak and Muslin Hood in it.

The Jury found her guilty of the first Indictment . Death . And guilty of the second to the value of 4s. 10d.

19. William Sidwell , otherwise Robinson , was indicted for assaulting Elizabeth, the Wife of Edward Woodnot , in Angel-Court , near the Highway, in the Parish of St. Margaret's Westminster , putting her in Fear, and taking from her a Cloth Cloak, value 1s. the Goods of her Husband Edward Woodnot , May 11 .

Elizabeth Woodnot . I live in Angel-Court, by Story's in Westminster, and being not very well, I went out for a Dram to a neighbouring Distiller's, between 10 and 11 at Night, and there I saw the Prisoner, and a Soldier, and a Woman; I return'd home, and the Prisoner follow'd to my own Door. There are Steps to the Door, and going up, I put the Key into the Lock to open it, at which Time I felt somebody behind me, and fearing it was some Rogue who intended to get into the House, I turn'd about suddenly and cry'd out. He made an Offer to strike me, and I believe would have knock'd me down, but being aware of it, I partly shunn'd the Force of the Blow. so that he did not hurt me. Upon which he catch'd hold of my Cloak and tore the String (and if the String had not been torn, he pull'd 10 hard that I might have been choak'd). However, I got hold of one part of the Cloak, and he still pull'd to get it from me. My crying out had alarm'd some of the Neighbours, and John Williams came out, and saw the Prisoner pulling the Cloak, which he got from me, and ran away before Williams could stop him, but he was stopt presently after, and dropt the Cloak.

Court. Are you sure the Prisoner is the Man?

E.W. Yes. It was Moon-light, and besides, he is a Westminster Man, and I had seen him several times before - John Williams catch'd him in his Arms; not the John Williams who came out first, and who is a Carpenter, but another John Williams a Chairman; and after he was taken, he fir'd a Pistol at Mr. Hilliard.

Prisoner. Which side of your Cloak did I take hold of? Did I Discharge a Pistol at you? I know I was elevated.

E.W. I did not say you did.

Mr. Hilliard. As I stood at my own Door, in Angel-Court, I heard a cry of stop Thief, and going to the End of the Court, I saw two Chairmen who had stopt a Man. They said he had robb'd Mrs. Woodnot ; they had not hold of the Prisoner, but they [and others ] surrounded him. I ask'd them why they did not secure him? They said, they could not stay, because they were obliged to wait upon their Matter ( Mistress ) but they hop'd I would take care of him, and so he was deliver'd to me. I collar'd him, and brought him back up the Court, attended by several others. After he had struggled hard to get away, but without Success, the People pressing about him, Sir, says he, you have me now in your power, but I hope you won't let me be stifled, give me liberty to breathe a little. By all means, says I, and so the Crowd making way, he set his Back against the Wall, but I still held him by the Collar; he put his Hand down, but whether to his Pocket or Bosom I cannot be certain, and presently the People cry'd, Have a Care! there's a Pistol! I saw the Pistol presented at my Head, but my surprise was so great that I cannot take upon me to say, whether 'twas he or any other who held it. The Pistol was immediately fir'd but as it happen'd no Mischief was done. Upon this I carry'd him, and threw him down, and others assisting we tyed him, and carry'd him to the Watch-house.

Prisoner. See here! I am Lame in my Hand! how can a lame Man fire a Pistol?

John Williams , Carpenter. My House is next but one to the Prosecutor's, I heard her cry, Murder! Stop Thief! upon which I ran out, and saw the Prisoner then disengaging himself from her. He ran away, I cry'd out, Stop Thief, and so did he too; but however, he was stopt by a Chairman. I had left my Door open, and as soon as I saw he was taken, I went back to lock it, which when I'd done, I went down the Court again, and met Mr. Hilliard, and others bringing the Prisoner up. The Prisoner said he was an innocent lame Man, and never did an ill Thing in his Life. After some struggle, he said, he hop'd we'd give him leave to fetch his Breath; and so setting his Back against the Wall, I saw him put his Hand downward to his Pocket or Bosom, I can't say which, and pull out a Pistol and fire it. Upon which Mr. Hilliard knock'd him down, and I wrenched the Pistol out of his Hand, and then we bound him and search'd him. We found loose Gun-powder in every Pocket, and in one there were 2 or 3 Cartridges, and some small pimple Stones (Pebbles) which I suppose were to serve for Bullets. We were forced to carry him by main Strength to the Watch-house, for he would not walk one step that way; it was then too late to go before the Justice, and so for better Security we carry'd him the same Night from the Watch-house to the Gate-house. Next Day I went in the Coach with him to Newgate, and going along, he damn'd me for a Son of a Bitch, and swore if he had a Knife, he'd stick me in the Guts.

Prisoner. Where are those Pebble-Stones?

J. W.. I don't know, I believe they were thrown away, but here's the Pistol, the Cartridges, and the loose Powder.

Morris Williams , Chairman. Our Chair stands at Angel-Court End, by Story's Steps. We heard a cry of Stop Thief, and the Prisoner came running and crying stop Thief too; my Partner stopt him, and he drop'd the Cloak, and I took it up; we deliver'd him to Mr. Hilliard, because we were going to carry a Lady. This is the Cloak, and here the String is broke.

Prisoner. Did you see me take the Cloak off?

M.W. No, not I.

Prisoner. I would ask the Gentlewoman if it was in the King's Highway or in the House, that I took her Cloak off?

Mrs. Woodnot. It was at my Door, before I had open'd it.

John Williams , Chairman. Upon the crying stop Thief, the Prisoner came running down like mad, and crying Stop Thief as fast as any Body. I stood thus, - and he ran into my Arms, and my partner took up the Cloak.

Prisoner. How could a Man that is lame in his Hands, run and cry Stop Thief ?

J. W. ha!

Prisoner. Can you swear that I took the Cloak of o' your Back ?

J.W. My Back? That's another wise Question.

Prisoner. How far from me was the Cloak f ?

J.W. About a Yard.

R Blunt, Constable Upon searching we seen Powder in every ready made little Pebble stones, which I threw you Mr. Constable, I'll swear you pick'd my Pocket of Then he threw himself into and put his Body in such odd would pise one; I have known these 20 Years; he was transported about 14 Years ago, for cutting the back of a Coach, and stealing a Gentleman's Wig*.

* William Sadwell, was indicted for stealing a Perriwig, value 6 l. from Francis Negoes , Esq, Sept. 29. 1719, between 9 and at Night. The Prosecutor being in a Coach in Pall-Mall, the Prisoner cut the Back of the Coach, and snatch'd off the Wig, the Jury found him guilty Capitally, but he was afterwards Repriev'd, and order'd for Transportation. See his Tryal in the SESSIONS-PAPER for October 1719.

Prisoner. As for the Pistol and Powder, I can give a good Account how I came by them. I was Cook of a Ship, that was just come from New-England, in Company with another Ship, and our Captain invited the other Captain on board our Ship, and that Captain brought his Cook with him; and this Cook was more expert than I, in taking, and telling Stories and singing a Song, and besides, he could dance, and tumble, and play twenty Tricks to make Diversion; and your Captains, you know loe to have their Frolicks when they are at Sea. So that this Captain set great Store by this Cook, and this Cook took a great liking to me, and say he, Let's take some Cartridges of Powder, and make Wildfire to run about the Streets, for the Glory of God, that we are come safe to old England ; and so I came by this Powder, sweet Jesus Almighty knows it to be true. And as for the Pistol, this Cook was an, Flannovernia and a loyal Soul he was to his Majesty, and so he gave me this Pistol, and we drunk our Sovereign Lord King George's Health, and at every Glass we fir'd off a Pistol in honour of the Royal Family; and the Lord above knows, that this is the whole truth of the Matter, and that I had this Pistol on no other Account than to shew my Loyalty.

Court. What time was this?

Prisoner. The same Day that I was taken too.

Court. Where was the Ship ?

Prisoner. At Limehouse.

Court. And how came you to Angel-Court.

Prisoner. God knows that, for I was elevated, and can't give a particular Account ; only I remember we came from on board about 4 in the Afternoon, and this Cook row'd us a-shore with the wrong Ends of the Oars; and I believe he had some relations that liv'd about Angel-Court, and so I might bear him Company; and tho' I had a Pistol and Powder, I had no Ball.

Court. But it seems you had small Pebbles. How came you by them?

Prisoner. Pebbles ? Why I remember we were heaving Ballast the Day before, and the Cook and I threw many a Shovelful of Ballast at one another for Sport, and so I suppose some of it got into my Pocket. I have a great many Captains to speak to my Character, tho' it happens that none of them are here; but I am an innocent lame Man, and I further, it is wilful Murder. The Jury found him Guilty . Death .

20. Henry Dod , was indicted for stealing a Handkerchief, value 6 d. the Property of John Hughs June 27 . Guilty .

[Transportation. See summary.]

21. Mary Cotterel , was indicted for privately stealing a halt Guinea, and 6 s. 6 d. from the Person of Aaron Newbolt , June 26 .

A Newbolt+. On Tuesday night the 25th of June, I was with the Society of London Scholars (Bell-Ringers) at the Cock and Lion, in St. Michael's-Alley, Cornhill, where I stay'd till one in the Morning; and then I and a Weaver, went away together, we parted at Bishopsgate, and I turn'd down Hounditch. My Business requiring me to be up at 3 in the Morning, and I seeing a Light at the George Alehouse , I thought it would be better to fit up there, than to go to bed for an Hour or two, and so I went in, and call'd for a Mug of Ale, and afterwards for a Quartern of Brandy, and sung a Song or two. The Prisoner and her Husband and another Man and Woman were sitting together, and when I had paid my reckoning and was going, the Prisoner's Husband ask'd me, if I would not drink with them? Yes, I said, I am not Charish. I staid till 2 Tankards were brought in, and then I paid 6 d. which was more than my sha e came to; they saw which Pocket I put my Money into, and if they had seen my Watch too, I might have lost that. I went out and stood to make water, when in a minute, I felt the Prisoner's Hand in my Pocket, I catch'd hold of her wrist, and heard the Money chink in her Hand, but before I could get it from her, she had shifted it to the other Woman who stood close to her. The Prisoner was not out of my Hands, till I gave her to the Watch, but the other Woman went off directly. I had half a Guinea, 6s. 6d. and some Copper in my Pocket, all which was then taken from me.

+ The Poulterer, who 3 or 4 Years ago, walk'd 100 Miles in Moorfields in 27 Hours.

Prisoner. Did you go into the George with me, or the other Woman ?

A. N. With neither,! went in alone.

Prisoner. Was it me or the other Woman that you pick'd up? That's your own Opposal. I don't know what to say to him. He's not worth my Argument; I was with my Husband.

Jonathan Kent . The Prisoner own'd that the other Woman had the Money. - The Prosecutor is a sober virtuous Man.

Prisoner. I say he came in with the other Woman.

Prosecutor. Upon my Oath I went in with no Woman but alone.

Prisoner. He went with her to one end of the Table, and sing'd a very fine Song to please Ladies, and then he brought her to us and sing'd another Song, and then he paid 6 d. and went out with her; and., like a Jack-Aks as I was, went out to do what no Body could do for me, and the other Woman stumbled against me, and went away; and so he took me for her, and said, I had pick'd his Pocket. The Jury acquitted her.

22. Stephen Partridge , was indicted for privately stealing 27 Yards of superfine Cloth, the Goods of William Rawlins , in his Shop , May 23 .

William Rawlins . The Cloth was lost out of my Shop Window, (the Three-Kings on Ludgate-Hill ) between 4 and 7 in the Afternoon. I advertis'd it, and thereby heard that 5 Yards and a Quarter was at Samuel Laurenson 's (a Scourer) Laurenson said he had it from Michael Elston , and Elston from the Prisoner and Tom Kempson .

Thomas Kempson . I and the Prisoner met in the Old-Bailey, and went to drink a Dram at Dson's, and there he told me, he knew of a Piece of Cloth, at the Corner of the Old-Bailey, he stood at Ludgate to watch, and as we had agreed, he cry'd, Tommy, when the Coast was clear; upon hearing the Watch-word, I took the Cloth on my Shoulder, and went with it to Mrs. Wincox's in the Old-Bailey; but she would not let me leave it there, and so I carry'd it to the Sheeppens in Smithfield, and watch'd it till he brought a Bag, and then we carry'd it to Mrs. Elston's, and she bid us leave it till Morning, which we did, and when we came again, it was cut in several Pieces. Her Husband said, it was worth 15 or 16 s. a Yard, and he would give us 8 s. a Yard for it, and we agreed, and he gave us 2 Guineas cown, which the Prisoner and I divided equally betwixt us. And the Prisoner went several time, afterwards and brought me 3 or 4 s. at a time, till I had receiv'd 15 or 16s for the Remainder of my Share.

Sam Lawrenson . Michael Elston brought me 5 Yards, and a Quarter of this Cloth to be press'd and shrunk; he said it was to make a Suit for a Customer (for he's a Taylor by Trade) I had with him before then.

Michael Elston . I have nothing to say against the Prisoner.

Court. But Laurenson swears he had this Cloth from you. How came you by it?

Elston. I had it from Mrs. Whitehead to make a Suit for her Husband, who is a Watchmaker. I did not buy it.

Prosecutor. We preferr'd a Bill in the Morning against Mrs. Whitehead, but it was not found.

Court. Elston, do you know Kempson? Look on him.

Elston. I have no Acquaintance with him. But I believe I have seen the Man once, or so.

Court. Where ?

Elston. In my Shop.

Court. What did he come for ?

Elston. To drink a Dram.

Court. I thought you were a Taylor. Do you sell Drams too ?

Elston. My Wife does.

Court. On your Oath, did not he bring the Cloth to your House ?

Elston No. Mrs. Whitehead brought it, and she was committed for receiving it, and I have been in Prison on this Affair.

Court. I am not sorry for it.

Elston's Wife On Thursday Mrs. Whitehead came to my House, and the Prisoner followed with something under his Arm. She asked for my Husband, I said he was above at work. She said she had brought some Cloth to make Husband a Suit, and so she deliver'd it to me. She left another Remnant to be laid by her, and on the Tuesday following the Prisoner fetched it away again. I gave her no Money for any of the Cloth, only my Husband lent her 2 is. When the Piece was stopp'd at the I went after Mrs. Whitehead, and her in St. John's street with the Prisoner and Kempson. My Husband to take her, and I insisted up he came back, but Kempson, damn Blood Bed, you through the if you don't go And so -

Prosecutor. What was done with the 5 Yards of Cloth which we could not find ?

Court. You must not impeach the of your own Witnesses.

Prisoner. I lived as a Servant with Mr. Whitehead, and going to Mrs. Wilcox's for a Farthing's worth of Small Beer; she told me that Tom Kempson had been there with a Roll of Cloth, and wanted to speak with me. Going out I met him, and he would give me a Dram; then, says he, I have got a Bundle in -street, and it you'll carry it to Elston's I'll give you a Shilling; and so I went with Bag. It keeps Company with Mrs. Whitehead and he put the upon this, and now has made himself an Evidence against me purpose to he.

Eliz. Cox came alone to my House with the and desir'd to leave it, but not let him. The Prisoner has an Character, and as lived a Year with Mr. Whitehead.

Kempson An honest Character? Its false. He hang'd jan. Drinkwater and Bernard Fink about 2 3 Years ago.*

* They were convicted Partridge's Evidence of robbing Amy Rich on the Highway. See the Trial of John Armstrong , John Drinkwater , and Bernard Fink, in the Sessions-Paper, Numb. VI. for July 1731.

The Jury acquitted him.

23. Rebecca Barrow , was indicted for stealing 2 Tea Spoons, a Snuff-box, a Shift a Pan, and a pair of Ruffles , the Goods of Robert Millen May 16 . Guilty .

[Transportation. See summary.]

24. Ann Kersey , was indicted for privately stealing a Purse and 12 s. 3 d. from the Person of Hannah Sherburn , May 21 . Acquitted .

25, 26 Robert Tanner and John Cecil , were indicted for assaulting Samuel Manfield , on the Highway, putting him in Fear, and taking from him a Hat, value 8s. a Watch Key, value 1 d and 10 s. in Money , June 7 .

Mr. Manfield. On the 7th of June, about 11 at Night, I came from the Spaw by Islington, and crossing the Fields came into the Road to St. John's-street , near the Barley-Mow. I here I was attack'd by 3 Men; one collar'd me, and another struck me on the Head with something that cut me into' my Hat and Wig. They demanded my Money; I put my Hand in one Pocket and gave them what I had there, but how much I cannot be certain. They took my Hat and Cane; but upon my a king for my Cane again, they return'd it to me. I believe they left me sooner than they wou'd have done for fear of the Drovers, who come that Road on Thursday Nights. It was dark, and I cannot swear to either of the Prisoners. I heard of them afterwards by means of an Advertisement in a News-Paper.

Thomas Kempson . I went to see the Races at Hampstead, and there I met the Prisoners; from thence we went to the Shop on Sn-Hill, where we had 2 or 3 Pints of Beer, and staid till between 9 and 10. Then says Tanner, I must have Money to fetch me. out of Pawn. God damn your, let's go out all together; for he had stole a Haymaker's Coat in the Fields, and I had pawn'd it for him; so we agreed, and went to the Barley-Mow and sit upon the Bench. When we had waited about half an Hour, a Man (about the Size of the Prosecutor) came by. I collar'd him with one Hand, and held a Pistol in the other. Tanner stood by with a Knife; and Cecil, with another Knife, struck the Gentleman on the Head. Tanner took his Hat, Cane, and Money; I think there was 10 s. The Gentleman said we had used him ill, and cut his Nose, and desired us to return his Cane, which we did. Then we went to the Haycocks near Hoxton, and lay till Morning, when Tanner looking on the Hat said, God damn you, how came this Cut? Why, says Cecil, I did it. God damn you, says Tanner again, how could you be so barbarous? We not thinking it proper to pawn the Hat, because of the Cut, I gave them a Shilling a-piece and took the Hat to myself; and so Tanner went to fetch his grey Coat out of Pawn (he has it on now) and I went home; but we had agreed to meet again at the White Bear in Old-street Square to play at Skittles. When I came to them, Tanner had won all Cecil's Money, and then he [Tanner] said he must go home to his Wife, for she had no Money, and he would come to us again. But not meeting us according to his Promise, I fear'd he was going to make himself an Evidence; and so, to be before-hand with him, I surrender'd myself directly to Mr. Cathery, the Constable, and he advertised the Robbery in the News. I became acquainted with the Prisoners at Whitehead's, and here is a Witness that saw us together the Day the Robbery was done.

John Overy . I and Kempson took a Walk on Thursday to see the Hampstead Horse-races. I parted with him on the Heath, and taking a Turn I met him again, and two Men with him, who, by the Glimpse I had of them, I believe were the Prisoners, and especially for next Morning I went to see my S Law Mrs. Whitehead, who at Mr. Jackson's in Brick-lane, in and there I found Kempson, and I saw lurking about the Door, and says I to Kempson, There's a young Man wants you, I suppose. Why do you think so? says he. Because (I said) I think I saw him with you at the Races. Well, says Kempson, let him walk. But at last Kempson went down to him, and my Sister's Husband coming to the Door, we all agreed to go to the Races again, so we went together about 2 a Clock, and by the Way they began some Discourse about a Robbery and a Hat, and Skickle and I walking a little before, he opened the Secret to me. We robb'd a Gentleman, says he, last Night, of a Hat and 10 s. and I struck him on the Head with a Knife.

Court. 'Tis very odd that a Man should give such an Account of himself to one that was a Stranger to him. - But you made no Discovery of this Secret.

Overy. No. But Kempson did, and I and Whitehead assisted to take the Prisoners.

John Cathery , Constable. Kempson told me, that he and the Prisoners had robb'd a Man by the Barley-Mow, of a Hat, a Came a Watch-Key, and 10s. and he told me where to find the Prisoners. We took them both on Sunday Night, Tanner in Cow-lane, and Cecil in Fleet-lane, in a House that Whitehead kept to harbour Thieves. Whitehead had other Lodgings in Brick-lane for the same Use. This Hat and Watch Key were given by Whitehead in Newgate.

Prosecutor. This is the Hat I lost, and this is my Watch-Key; it being broke had put it in my Pocket, and gave it the Street-Robbers with my Money.

Cecil. Kempson met me on Sunday, and persuaded me to go and drink with him, and then he carried me to Whitehead's, and gave Notice to the Constable, who came and took me.

The Prisoners called a considerable Number of Witnesses (who made a good Appearance) in their Behalf; they gave the Prisoners the Characters of honest, industrious, young Men, and the Jury acquitted them.

27. Dubartus Stiff , was indicted for the Murder of John Scot , by maticiously giving him, with a Knife, one mortal Wound on the left Side of the Belly, between the short Ribs, of the Length of 6 Inches, and Depth of 5 Inches, on the 14th of May , of which he languished till the next Day, and then died .

He was a 2d time indicted on the Statute of Stabbing, for killing John Scot in the Fury of his Mind, the said John not having any Weapon drawn, nor having first struck the said Dubartus.

He was a 3d time indicted on the Coroner's Inquisition for the Murder of the said John Scot .

Sarah Stockdon . On Whitsun Monday at Night, between 9 and 10, the Deceased and I were going along Piccadilly , by the Earl of Sunderland's Wall; three Men of our Acquaintance, Samuel Dupny , James Porter , and Edward Austin , were walking just before us. As we past by the Prisoner and another, who were leaning against a Post, the Prisoner said to the Deceased, Make haste home, young Man, or your Master will be angry, and won't give you another Holiday to Morrow. The Deceased answered, Suppose I have no Master, and what then? I was afraid of a Quarrel, and desired the Deceased to go along and not mind them. But he said, As I affront nobody, I won't take an Affront from anybody, and I'll revenge my own Cause. This occasioned more Words on both Sides, and I still urged the Deceased to go, but he bid me not be afraid, for he would do no Hurt. By this Time our three Friends were gone a pretty Way forward, but to prevent Mischief I called to them. Mr. Austin cry'd Hoy! and the Deceased cry'd Hoy to him again, and said to the Prisoner, Honesty, I was not alone ; I have got Company. Our Company came back, and Mr. Porter asked what was the Matter? I told him the Prisoner had affronted the Deceased, and he resented it. Upon this some angry Words past between them, and the Prisoner struck Porter in the Face, and the other Man struck the Deceased, and so they fell to fighting. In the Scuffle, the Deceased and the other Man were got on the other Side of the Way. The Prisoner and Porter fell together, and when they got up the Prisoner went off, and Porter staid to look for his Hat and Wig, but I had taken them up. Then the Deceased called to Porter, and said, Jemmy, Jemmy, I am stabb'd. I went over and took hold of him, and he said, That Man has stabb'd me. He did not name what Man, but the Prisoner was nearest him, for the other Man was gone. I called to our Acquaintance; the Prisoner ran; I cry'd Stop him, and they pursued him down Duke-street. I carried the Deceased to an Apothecary's Shop just by; the Apothecary's young Man advised me to go to Mr. Stevens the Surgeon, and coming out, I met a Croud with the Prisoner. - He lived but 21 Hours afterwards. He was Cook (and some Relation) to Mr. Powell at the Gloucester-Head Tavern in Pall-Mall.

Prisoner. Did you see me strike the Deceased?

S. S. No.

Prisoner. Or strike Mr. Porter?

S. S. Yes. There was no Blow given till Mr. Porter came up, and then you struck him first, and so it began.

Prisoner. On which side of the Way did the Quarrel begin?

S. The same side as my Lord Sunderland's is.

Pris. Was it dark?

S. No, not quite dark; I could see well enough, it was about the middle of May, between 9 and 10 in the Evening.

Samuel Dupny . We were 100 Yards before the Deceas'd when he cry'd, Hoy! to us, and a little Boy told us that two Men were a quarrelling with one of our Company. We went back; Mr. Porter said to the Prisoner and the other, (whose Name as I have heard is William Brown ) I hope you won't both be a one Man. Yes, but we will, said the Prisoner, and you too, you Dog. And with that he struck Porter on the Nose and made it bleed; they closed; Porter flung him and fell with him; the Prisoner and Brown at that time were at it over the Way, but they parted, and Brown went about his Business. When Porter and the Prisoner got up, Porter looked about for his Hat and Wig, and the Prisoner went from him, and had been gone but a very little while before the Deceased cried out, Jemmy, I'm stab'd! I'm stuck! I'm dead Man! We cross'd the Way, and I saw the Prisoner standing within five Yards of the Deceased, and fronting; the Deceased pointed to the Prisoner and said, That Man has Stab'd me. Upon hearing that, the Prisoner began to run, and Sarah Stockton cry'd out Stop him.

Court. Are you sure that Brown was not there when the Deceased said he was Stab'd?

S.D. Yes; for before he said so, I saw Brown a hundred Yards off - We pursued the Prisoner, and he was stopt by a Chairman and a Gentleman; and as we were carrying him to the Roundhouse I said, You Rogue, you have kill'd the Lad; and he answer'd, I should not care if I had served you the same. When he came into the Roundhouse I said, There's your Lodging; and his Answer was, I did it, and dropt the Knife - Lock me up.

J. Porter. The Deceased was at Sunderland-Gate, and we were as far before him as the Plumber's against St. James's Church when he cry'd, Hoy! A Boy told us two Men were going to beat him; we stept back, and I said Sure you two won't beat one? The Prisoner answer'd, Yes, and you too, ye Dog ; and so he fell upon me, and set my Nose a bleeding. We fought; I threw him, and fell myself: I got up, and while I was looking for my Hat and Wig the Prisoner was gone, but I did not see which Way he went - The Deceased call'd out, Jemmy, I am Stab'd. I went over, the Prisoner stood facing the Deceased as far from him as I am now from the Prisoner, and the Deceased said, That Rogue has kill'd me. Upon that the Prisoner began to run, and I followed him and came so near him that he made a Push at me and brush'd my Coat: I was afraid of his Knife, or I could ha ve closed him then; but I kept on pursuing and crying Stop Thief till he was taken.

Edward Austin having confirmed the former part of the Depositions of Dupuy and Porter, proceeded thus: I saw the Prisoner push twice at Porter with a Knife, once in Piccadilly, and once in Duke-Street.

Court. Did you see the Knife in his Hand?

E. A Yes; for it was Moon-light.

Prisoner. What sort of a Knife?

E. A A Penknife with a pretty broad Handle [blade] broader than I have usually seen a Penknife.

Court. How far was the Prisoner from the Deceased when the Deceased cry'd out, He was Stab'd?

E. A. He might be about 20 or 30 Yards when I saw him; for when the Deceased call'd out, I was looking for Mr. Porter's Hat on the other side of the Way.

Court. Did the Deceased point to any Body when he said that Man?

E. A. Not that I saw; but I thought he meant the Prisoner, because the Prisoner begun to run, and Brown was then standing near the Centry-box by the dead Wall on t'other side of the Way.

Edward Coker . I stopt the Prisoner in Duke-Street as he was running towards German-Street: He said, Pray let me go, 'tis only a Quarrel. No, says I, not till the Company comes up; for they were then about 20 Yards off. When they came, they said he had killed a Man, to which he made no Answer. When we brought him to the Roundhouse some Body said to him, You have Stuck the Man, where's the Knife? he said, I don't know, I have thrown it away.

William Stead . I heard the same: And another said, Why was you such a Villain to Sab him? and he answered, I would have got off if I could, but go which Way I would they were after me: I had no Malice to the Man, for I never saw him with my Eyes before; but if I have killed him I am sorry for it, and must suffer for it: There must be Blood for Blood.

Mr. Steven's, Surgeon. The Deceased had two Wounds, one was a Stab about two Inches long, but the other was cut up five or six Inches in drawing the Knife out. The Grissel between the Ribs was divided in two Places, the Caul hung out of one, and part of the Guts, as big as my Fist, out of the other: I reduced them. Next Morning, I found he had the Hick-up, from whence I concluded that his Stomach was wounded, and that he would certainly die. I then ask'd him who struck first; and he answer'd, I cannot be certain, the Quarrel was very sudden, and I might strike first. He died that Day, and upon opening him I found the lower side of his Liver was wounded, and that the Knife had past into the Cavity of the Stomach.

Edward Fox . My Master is an Apothecary, and lives in Piccadilly, against my Lord Sunderland's. I heard a great Noise and opened the Door, and saw two Men running a-cross the Way towards me; the foremost, (who I suppose was the Prisoner) was in a light Coat, and the other, (who was the Deceased) was in a dark Coat. I saw the foremost turn short and strike the Deceased in the Side, but I saw no Knife: The Deceased presently cry'd, Jemmy, Jemmy, I am Stuck. Sarah Stockton came over the Way, and brought the Deceased into our Shop; a Puddle of Blood ran from his Side, and I advised her to take him to Mr. Stevens the Surgeon, and so she led him him out; my Master followed them, and brought home this broad Clasp-penknife ; but where it was found, or who gave it him, I cannot tell, nor would the Deceased own it; but it was a little bloody.

Mr.Powell. The Deceased was my Servant and Nephew, I went to see him abou an Hour before his Death, and ask'd himf he knew me; he said, Yes. You are my Uncle. I ask'd him if he thought he should die; he answered Yes. Then I ask'd him who was the Aggressor; and he said, I never saw the Man in my Life before that Night he Stab'd me, and then I was not engaged with him but with the other: I neither struck him, nor he me, till I received these two Wounds. - Here is his Coat, here is his Waistcoat, and here is his Shirt. These long Cuts on the left Side were made when he received those Wounds.

Prisoner. As I was standing with William Brown , the Deceased and a young Woman came by, and it being Holiday Time, I said, So, young Man, make haste home, or your Master won't let you have another Holiday. Sirrah, says he, I'll let you know that I have no Master; and with that he hip'd to his Company before, and they came back, and all fell upon me and knock'd me down. I got up again and ran away, but they followed me; and if I did this thing it is more than I know; for by the Blows and Bruise I received I was so disordered, that I was not then sensible of what I did, and am not able to give any Account of it now.

Court. Fox swears that one like you ran cross the Way, and being pursued by the Deceased, turn'd short and gave him a Blow.

Pris. He perhaps may tell whereabout it was that I turn'd and made a Blow ( if I did do so) but I cannot.

Fox. It was on this hither Side of my Master's House, just by the Kennel.

Thomas Dobney . I have known the Prisoner 13 Years; he is a Joyner and Carpenter by Trade, and a civil, honest, good-natured, careful young Man. I live in Piccadilly overagainst his Father's; the Night the Misfortune happened, he went from my House with William Brown (who is now at Sea.) Brown returned to my House the same Night very much beaten, and with his Clothes torn; but the Prisoner was taken up and sent next Day to Newgate. I went thither to see him, and there was James Porter , one of the Witnesses against him. Mr. Johnson in Newgate, (who is a Friend to the Prisoner's Father) called me down to hear what Porter would say; and Porter said thus: When the Deceased hip'd we went back, and ask'd what was the Matter, and the Deceased said, These Fellows are a going to lick me; and I said, No sure, not two to one; and then I don't know which struck first, but I kick'd up the Prisoner's Heels, and he fell upon his Head. I am sure it must he broke; for you might have heard the Sound of the Fall 20 Yards off.

Now I query, whether a Person after such a Fall could have the proper Use of his Senses.

Susan Green. I heard a Noise, and going to the Door, I saw a Man in a whitish Coat, but without Hat or Wig, run down Duke-Street; and I heard him say, Four to one! and three Men followed him, and cry'd, Stop Thief.

Court. His running down Duke-Street was after the Deceased was wounded.

Solomon Price . The Prisoner is a very sober, industrious young Man, I never saw him in Liquor, nor heard him swear an Oath, nor never knew him to be in any Riot or Quarrel. Seven or eight more Witnesses gave him a good Character.

The Jury found him guilty of Manslaughter .

[Branding. See summary.]

28. Margaret Hall was indicted for stealing a Silver Pint-mug, value 39 s. the Property of John Chapman , June 27 . Acquitted .

29. William Chickley was indicted for stealing four dead Fowls and a Chicken , the Goods of Joseph Mackrel , June 11 . Guilty .

[Transportation. See summary.]

30, 31. Edward Thomas , and William Fish , were indicted for stealing one Hundred Weight of Lead, value 30 s. in an empty House, the Property of Richard Haydon , Joseph Gamball , and William Chamberlain , May 3 .

R. Haydon. We have lost more large leaden Pipes and brass Cocks out of our Brewhouse, by the Ditch-side, than 30 or 40 l. will make good.

Henry Dixon . The Prisoners and I, and Harry Cole stole these Pipes and Cocks about 2 o'Clock on Whitsunday Morning. Fish put us upon it; for he said he had been out all Night, and could tell us of a rare Chance. We did one Parcel till 9 at Night, and then carried it to Will. Green, in Stanhope-Street, Clare-Market, and sold it him for 19 s. 6 d. He called us good Boys, and bid us take Care. Then we went about Eleven the same Night, and got as much more, and hid it in a Dunghill by the Ditch-side; but it was found by a Boy who went there to ease himself, and so the Prosecutor came to hear of it, and we were taken the next Friday Morning by a Watchman, as we came out of Brown-low-Street with some Lead we had stole; and so I was made an Evidence. Green is run away. He was tried here about 7 Months ago for receiving stolen Goods *.

* It was for a Burglary and a Felony, in December last. See his Trial in the SESSIONS-PAPER, Numb. 1. page 13.

[Transportation. See summary.]

32. Thomas Chambers was indicted for privately stealing a stained Cambrick Handkerchief, value 1 s. 6 d. from the Person of Barwell Smith , Esq ; May 13

Mr. Smith. On Sunday in the Afternoon, as I was walking in Grays-Inn-Walks , there was an Outcry of several that had their Pockets pick'd, and going from thence to the Coffee-house, I there missed my Handkerchief. I presently step'd back, and bid the Door-keeper of the Walks let me know if he saw any suspicious Persons loitering about there: A Boy came and told me, that he saw two Men pick a Gentleman's Pocket in the dark Passage by the Bookseller's Shop. I went to the Passage, took hold of the Prisoner, and saw him throw down a silk Handkerchief. Sir, says I, you must go with me. Sir, says he, I am a Gentleman; what d'ye mean? I could find no Constable, and so I took him to my own House; he fell on his Knees, and made many Protestations of his Innocence, but upon searching him, I found my Handkerchief in his Bosom. Then he said, he was no Pick-pocket himself, but was only retain'd by them, and had 1 s. 6 d. a Day to attend on them, and take what they stole.

Rich. Smith. When my Father had brought the Prisoner home, the Prisoner kneel'd down and call'd Christ to witness that he never pick'd a Pocket in all his Life, tho' at the same time I saw him pull a Handkerchief out of his Pocket and put it into his Bosom; but when he found that my Father was resolved to search him thoroughly, he took it out of his Bosom again, and gave it to my Father, who own'd it; and then the Prisoner said, If it's your's, I can expect no Mercy.

Holt Crow ; Constable. I heard the Prisoner say that he took the Handkerchief from another Person, who allow'd him 9 s. a Week for receiving Handkerchiefs. Guilty 10 d.

[Transportation. See summary.]

32. Alexander Watson was indicted for privately stealing (with James Maddox , not yet taken) a silver Dish, value 14 l. the Property of Charles Churchill , Esq ; in the Shop of Paul Crispin , Jan. 5 . And,

33. William Howard for receiving the same, knowing it to be stolen .

Paul Crispin. What I have to tha ith thith, I lotht a thilver Dith belonging to Brigadier Churchill, out of my Grate in Compton-Thtreet , the Corner of Greek-Thtreet, but I can't tell when, becauth it ish impothible, and I never mitht it till the 3d of January, when it wath called for. I am a Thilver-Thmith by Trade, and the Dith wath left me to make a Cover to it. When Baker wath taken Prithoner, he akth me if I wath not rob'd of thuch a Dith, and I thaid, Yeth; but I never found it again.

James Baker . Aleck Watson and Jemmy Maddox, and I, stole the silver Dish out of the Prosecutor's Window, about 6 at Night. We raised up the Grate, and put a Stick under it to keep it from pinching our Fingers ; and so we drew the Dish out, and I carried it to Mrs. Walker's, a Brandy-shop in Cross-Lane, near Long-Acre, and she kept it for us all Night. Next Day, I and Watson, and Mattox, went with the Dish to James [William] Howard's, and he and Mattox went to sell it at an Ale-house (I think it was the Ship) in the Old-Bailey. I saw them go in with it, and I stood at the Door to watch, for fear they should run away with the Money. They brought me out one Guinea, and then they went in again and fetch'd six Guineas more, and so went to Mr. Rodes's, at the Goat and Leak in White-horse-Alley.

Howard Where did we go first ?

Baker. To The King's Head, the Backside of the Old-Bailey, and there we ran up a Score Then we went to the Ship Alehouse. I stay'd at the Old-Bailey -[Sessions house] Gate, leaning against a Post for half an Hour, and then you came out and brought a Guinea. Then we went and bought half a Goos, and carried it to Rodes's, where we stay'd two or three Hours, and drank Cherry-Beer and Brandy; and then went again to the King's-Head, and you and Mattox went to the Ship again, and brought six Guineas more. Then we took Coach and went to Mrs. Walker's in Cross-Lane, who had trusted us with Liquor till the Dish was sold, and she bought two Fowls and Bacon for us: There we divided the Money; we three had two Guineas a-piece, you had about 6 s. out of the odd Guinea, and the rest of it we spent in eating the Goose, and one thing or another. I had eight or nine and twenty Shillings left after I had paid Mrs. Walker. Watson and I lay together in St. Giles's, and we bought some new Clothes, and made a Noise about the Seven Dials, and Tom Kelly sent a Letter and said he would hang me; and so to be before-hand with him, I surrender'd myself, and gave my Information against him and the Prisoners.

Watson. Where did you meet me in the Morning?

Baker. At Buck's Brandy shop in St. Giles's, and from thence we went to Walker's in Cross-Lane, and about six at Night we went out a thieing.

Watson. Who took the Dish?

Baker. I did; but we all three help'd up the Grate.

Watson. Who carried the Dish to Walker's ?

Baker. I did; but I gave it first to Mattox ; and then I took it from him again, and carried it under my Arm.

Watson. When was this ?

Baker. I can't write nor read, but as near as I can guess, it was about the 5th of January. When we came to Howard with the Dish, Mrs. Walker lent him her Apron to hide it, but he thought that would not do, and so he went up into hisfs own Room, and brought down a Bag and put it in that, and so he carried it to the Ship.

Howard Was you in my Room?

Baker No, we came in a C to Clerkenwell Gen, and sent for you to the Horn Alehouse, and you came over to us, and then you went and fetch'd the Bag, and you and Mattox went out to sell the Dish, and I and Watson, and Walker, stay'd there till you came back and brought us a Guinea.

Court. Stay'd where ?

Baker. At the Alehouse at Clerkenwell-Green.

Court. Why you swore just now, that you stood leaning against a Post at the Old-Bailey-Gate, Gate, while they went in and brought out a Guinea; that you went thence to Rode's and eat part of a Goose: that you went back again to the Old-Bailey, where you waited till they brought out the six Guineas, and that then you went to the King's Head.

Baker. No; we stay'd at Clerkenwell because we had not Money to discharge the Reckoning till they brought the Guinea, and then we went to Rodes's, and from Rodes's they went for the six Guineas, and so to the King's-Head

Court. You swore you went first to the King's-Head, then to the Old-Bailey, where you stood watching till they brought the Guinea; and you gave this Reason for your watching, that you were afraid they would run away with the Money. And now you swear that you did not watch at the Old-Bailey, but stay'd at Clerkenwell-Green till they brought the Guinea; and you give a Reason for that too, you had no Money to pay the Reckoning.

Catherine Walker . Mattox, Watson and Baker came into my House together towards the Evening, about half a Year ago, and called for Liquor. Mattox had a deep silver Dish under his Arm.

Court. Baker swore that he carry'd the Dish.

Walker. When they had run up 8 or 9 s. I asked them for the Money; they said if I would go with them they would pay me, I asked them if they thought I had nothing to do but to tag after their Tails when I was with Child and not well; they said, I should have a Coach, and so a Coach was called, and we drove to the Horn at Clerkenwell-Green. They had no Money to discharge the Coach, and so I paid 1 s. 6 d. for them. Mattox went from the Alehouse and fetch'd a young Man (I think his Name is Howard) who drank once, and then he and Mattox went out together, and when they return'd Mattox chang'd a Guinea, and paid for four Pints of Ale that we had had. They insisted upon my Eating something, and so we went to another House, and had a Quarter of a Goose.

Court. How long was it after they brought the Dish, before you went with them ?

C. Walker. Some Hours.

Court. Are you sure it was that Night?

C. Walker. Yes.

Court. Baker swears it was the next Day.

Howard. At what time was it that you eat part of the Goose?

C. Walker. I can't tell the Hour, but it was at Supper late at Night, and then from thence we all, but Howard, went home in a Coach; they sat me down at my Door, and then they discharged the Coach.

Howard. Baker swore that we went to the Kings's-Head after we had eat the Goose; did you see me bring the Money, or have the Dish?

C. Walker. No; Mattox brought the Money, and it was he that brought the Dish to my House.

Howard. Baker charged Walker with the Dish.

Baker. That was only for keeping it all Night.

Court. She swears you took the Dish with you the same Night.

Baker. No it was next Morning.

Howard. Was not she taken up about the Dish?

Baker. Yes.

Howard. How came she to be discharged?

Baker. Because she own'd the Dish and deliver'd it.

Howard. Watson was discharged of this Dish last Sessions.

Baker. Yes; but he was not indicted because the Prosecutor was not here.

The Jury acquitted the Prisoners.

34, 35. Thomas Kelly , and Laurence Grace , were indicted for assaulting (with Sam Goodwin *, not yet taken) Edward Owen , on the Highway putting him in Fear, and taking from him, a Gold Ring, value 5 s. a Pair of Bathmetal Studs, and two Guineas , Feb. 21 .

* Sam Goodwin and Charles Mascall were Evidences against John Achers , John Welton , and William Booth , for robbing Richard Harvey in December last. See the Trial in the Sessions Paper, Numb. 11. p. 44.

Mr. Owen. On the 21st of February, about 12 at Night, in Bedford-Street, Covent Garden , four Men jostled me up against a Door, and swore if I made the least Noise or Resistance, they would shoot me thro' the Head. I made no Resistance, nor indeed could I make any, for two of them held my Arms, one Collar'd me, and held something to me, which I suppose was a Pistol. The fourth riffled my Pockets of a Gold Ring, a pair of Bath-metal Studs, and two Guineas It was so dark I could not see their Faces so as to know them, and therefore cannot swear to the Prisoners. I heard one or both of the Guineas they took from me fall, and one of the Men stoop'd, but I don't know whether they found 'em or not.

Kelly. What did you lose two Guineas?

Mr. Owen. Yes; I had two Guineas when I was in Golden-Square, which was but a little before.

Kelly. May be you fell down by the way, and so lost 'em.

James Baker . The Prisoner and I lodged together with Sam Quan +, who was hang'd in the Country for a Robbery about three Months ago. Sm Goodman was with us at Quan's, and about 11 at Night we went to see him home. We met the Prosecutor in one of the Streets in Covent Garden, where the Mercers live; Goodman hit him on the Shoulder, and bid him stand, and Kelly took two Guineas out of his Pocket, and drop'd them both on the Stones, I stoop'd and found one, but we lost t'other, for another Gentleman was coming by, and some Chairmen stood over the way, and saw us rob, so that we were forced to make off - Sam Goodman took a Gold Wire Ring off the Prosecutor's Finger.

* Quan and Conway were try'd in London, for Robbing Job Nutton, in January 1731-2, but were acquitted. See the SESSIONS-PAPER for last Year, Numb. II. Part II. pag. 58.

Court. Off his Finger, are you sure?

Baker. We all reckon'd so, because it was a Ring, but we did not see where he took it from. He took a pair of Brass Studs to; as we were going away Kelly cut the Gentleman over the Eye, with the butt End of a Whip.

Kelly. What time o' Night did we come into your Company?

Baker. We all three lay at Quan's, and eat and drank together, and about 7 or 8 at Night, we went to Catharine Walker 's in Cross-Lane by Long-Acre, where we met with Goodman, and we drank 3 half Pints of Gin, but we had no Money, and so I pawn'd my Buckles for 6 d then we all four went back to Quan's, and stay'd till between 10 and 11, and then we went to see Goodman home, and so committed the Robbery.

Kelly. You swore before Alderman Brocas, that the Gentleman was robb'd of 2 Guineas and a Watch, but now you know nothing of the Watch.

Baker. No, I said I believ'd Goodman took his Watch, and we three said so that Night at Quan's House, and you your self spoke of it first, but next Day we heard it was no such thing. We thought so because Goodman pick'd the Gentleman's Pocket.

Kelly. You said just now, that it was I that pick'd his Pocket.

Baker Yes, you was fumbling about it, but Goodman push'd you away, and did it himself, and as he went to Sea the next Day, we thought he had snk the Watch.

Kelly. But you swore that he took a Watch ?

Court. Did you swear it positively?

Baker. No, I said as I say now, that I believ'd he took a Watch.

Kelly. Can you tell your Story over again?

Baker. Yes, Goodman took the Gentleman by the Shoulder, and bid him stand, then Kelly put his Hand in his Pocket, and riffled him, and drop'd the Gold, and I pick'd up one Guinea.

Kelly. Just now you said Goodman pick'd his Pocket.

Baker. You and Goodman both riffl'd him, after we all four had push'd him up against a Door, and kept him fast, and when he was robb'd, Kelly struck him with a Whip, and made the Blood run down his Cheek.

Mr. Owen When they had riffled me they drew me from the Door, toward the Kennel, and one of them gave me a stroke over the the right Eye, I thought it was done with a Stick. I was laid up for 6 Weeks, and had two Surgeons to attend me here's the Scar to be seen.

Kelly. How long was it after the Robbery before you saw the Gentleman again?

Baker. He was out of Town last Sessions, and I did not see him till this Sessions.

Kelly. It's strange when you saw him but once by Night that you should know him again, half a Year afterwards ?

Baker. It was a Moon shiny Night

Mr. Owen. It was dark where I stood; but the Moon was up.

Kelly. What Clothes had the Gentleman on?

Baker. I think they were dark Colour, but I can't tell justly, because we were all in a Surprize; for we were pursu'd in a Minute by the Chairmen and Watchmen, and I ran across Covent Garden, and so directly to Quan's; and Kelly and I had 2 or 3 Words, and he said, You Dog I have a good mind to hang you, and so I went and surrender'd myself, and inform'd against him.

Mr. Owen. I called the Watch, but whether it was before or after the Blow, I cannot tell, and immediately the Street was full of People - My Cloaths were a Chocolate Colour. - I saw Baker one Day this Week at Hicks's-Hall, and he said he knew me.

Cath. Walker. The Prisoners and Baker have used my Shop, but it was but seldom; I remember they were there in February last, and had two half Pints of Gin, and Baker said, I must take his Buckles or go without my Money.

Court. Was Goodman with them then?

Cath. Walker. He might be there, but I don't know him by Name.

L. Grace. Baker swore positively to the Watch before Alderman Brocas, and we were taken up last Sessions, but nothing appearing against us, we were acquitted and turn'd out of Court, and Baker and one of the Thief-Catchers stood by at the same Time; but the Thief-Catchers had been 6 l. out of Pocket, and so they got us taken up again the next Day.

T. Kelly. I am a Shoemaker by Trade, but Business being dead, I set up a Cobler's Stall in St. Alban's-Street, Picadilly. Baker would sometimes come and sit upon my Stall, and so we grew acquainted. - He has been in Bridewell, and cast for Transportation - Grace and I met him in St. Giles's a few Days before we were taken up. He had a Woman with him, but what she is for her Body I don't know. He asked us to drink a Quartern of Gin; and two Days afterwards this Woman came to a House in St. John's-street, where Grace and I were together, and she called him out, and he went with her. I would have fetch'd him away, but he said he would stay with her all Night, and so he did; and I staid in the same House, and the next Morning I made the best of my Offence home to my 'Biding; and the Day after I met him again in St. Giles's, and going into Drury-Lane, we were both taken by Baker, and the Thief-catchers Atkins, and Adley. Atkins has made it his whole Business for 4 or 5 Years to take Mens Lives away.

Jacob Moliere . Kelly has lodged in my House a whole Twelvemonth, till the Time he was taken up; he kept good Hours, and had an honest Character - I am fourscore and sixteen Years of Age.

Susan Brasby . I spin Cotton for the Tallow-Chandlers; Kelly was my Neighbour; I have known him four or five Years, and have heard no Ill of him.

The Jury acquitted the Prisoners.

36, 37. Joseph Barter and Sarah Barter , were indicted for stealing two Spoons, value 2 d. and a Blue woollen Apron, value 2 d. the Goods of Thomas Marshal , May 2 .

Thomas Marshall . I have several Lodgers, the Prisoners lodged with me three Quarters of a Year. I found the Things upon the Woman, but I can't say she design'd to carry them away, for always allow'd my Lodgers to make use of such Necessaries. Acquitted .

38, 39, Edward Scot , and Joshua Hall , were indicted for stealing 200 weight of Rope, value 20 s. the Goods of Richard Baker the Elder , and Richard Baker the Younger , May 19 . Guilty 4 s. 10 d.

[Transportation. See summary.]

40. Thomas Richards , was indicted for breaking and entring the House of John Jacobs , and stealing 50 s. June 27 , in the Night .

John Jacobs . I keep a little Brandy-shop in Chick-lane ; between 1 and 2 a Clock last Tuesday Morning I heard somebody call Jacobs! Jacobs! your House is broke open! I got up and found the Till of my Shop broke; the Lock and Brass Tobacco-Box that my Money was in lay upon the Counter, but the Money (50 s.) was gone. I went backward and found my Casement, which neither opens nor shuts, was taken off, mash'd 10 pieces, and thrown under the Window; there was a Shutter belonging to it, which I had fastened myself over Night with a wooden Bar and Pin and Key; but I found the Bar had been wrench'd till the Spring of the Key was broke, and so it was forc'd open. I found the Prisoner's Shoes in the Room, and going to the Stable in the Yard, I found him lying there without Shoes, 2 s. hid in the Hay lost.

Henry Lane, Watchman. Being at my Stand I heard a Noise of a Window breaking ; I planted my Brother Watch at the Street-door and went backwards, and finding the Window broke open, I called the Prosecutor up: I went in; the till was open, and the Lock and a Brass Box lying on the Counter. A pair of Shoes lay by the Window, and one said, I know those Shoes and the Owner of them, and he can't be far off. We found the Prisoner in the Stable with his Head under the Manger, and without Shoes. He own'd the Shoes to be his. - The Stable is about 20 Yards from the Window.

John Palmer . I live at the upper End of Chick-lane, but being a little in for't, I happened to take up my Lodging at my Neighbour's Door. I was waked by the Noise of breaking the Window, and going backwards with others, I saw the Shoes under the Window, and swore those were Tom Richards 's Shoes. - These are the Shoes, I know them by this Rent in the Side, and this Sole being cut off, and the Dirt upon the hind Quarters.

Court. How came you to take such particular Notice of his Shoes?

Palmer. He lived in the Lane; I saw him at Jacob's but the Day before, and he shew'd me his Shoes because they were so bad, and he would have given me 3 d. for mine, and he used to wear them shod, as you may see plainly by the hind Quarters. The Stable-door had been nail'd up for some Time, so that there is no way into it but by getting up into the Hay-loft ; so we got up and came down into the Stable, and there he lay in a muck Sweat, without his Shoes; I burst the Stable-door open with my Backside to get him out, and he own'd the Shoes.

John Keen , Constable. The Prisoner was brought before me without Shoes. I asked where his Shoes were? and one said, Here. Are these your Shoes? says I to the Prisoner, and he answer'd, Yes.

James Goodman and William Woodward deposed to the same Effect.

Prisoner. I had been drinking at the Prosecutor's till between 11 and 12 at Night, and then I was so overtaken that I could not find my way out, and so I fell asleep; two or three pushed me and waked me, and then they carried me into the Stable, and said I had better lye there out of the way; and I was surprized when they came in the Morning and charged me with breaking the House. I bid them search me, and so they did, but found nothing upon me.

The Jury acquitted him.

41. Richard How , was indicted for stealing three Saws, the Goods of several Persons , June 23 . Guilty 4 s. 10 d.

[Transportation. See summary.]

42. William Wallington , was indicted for privately stealing a Cloth Coat, the Property of Sir Charles Dalton , Knight , in his Stables , April 10 . Acquitted .

43. Hannah Sutton , was indicted for stealing a silver Spoon, value 5 s. the Property of William Price , June 21 Guilty 10 d.

[Transportation. See summary.]

44. Elizabeth Harrison , was indicted for stealing 33 Yards and a half of Silk, value 4 l. 8 s. the Property of Samuel and John Bowland , in the House of Vincent Jones , May 12 . Guilty 39 s.

[Branding. See summary.]

45. Ann Carter , was indicted for stealing a silk Gown, a Cap, and a Handkerchief , the Goods of Benjamin Brown , June 14 . Guilty 10 d.

[Transportation. See summary.]

46. Isabel Johnson , was indicted for stealing a Child's Stay, a Frock, and a Coral set in Silver , the Goods of Manwaring Low , June 8 . Guilty 10 d.

[Transportation. See summary.]

47. Robert Black , was indicted for stealing two Cocks and three Hens , the Goods of Matth.ew Urlwin , June 23 . Guilty 10 d.

[Transportation. See summary.]

48. John Wright , was indicted for stealing one pair of Shoes , the Property of John Inglebird , June 28 . Guilty 10 d.

[Transportation. See summary.]

49. Ann Richards , was indicted for stealing a Piece of Cambrick, value 4 s. a Sheet and a Pillow , the Goods of Benjamin Haddon , Setemb. 1 . Acquitted .

50, 51, 52, 53, 54, 55. Josiah Reader , Eleanor Maybank , Widow , John Trundle , Miriam Prestidge , Spinster , James Duffield and Mary Pearson , Spinster , were indicted, for that in the 1st of Feb . they came before the Lord Chief Justice Eyre, in the Parish of St. Dunstan's in the West ; and that then and there the said Josiah Read, in the Name of Jeremiah Scruby ; Eleanor Maybank , in the Name of Mary, the Wife of Jeremiah Scruby ; John Trundle , in the Name of John Bridgeman ; Miriam Prestidge , in the Name of Margaret, the Wife of John Bridgeman ; James Duffield , in the Name of Thomas Robinson ; and Mary Pearson , in the Name of Hannah, the Wife of Thomas Robinson ; together with Christopher Smith , did deceitfully, corruptly, and feloniously make and acknowledge a Fine of one Messuage, one Garden, one Orchard, twelve Acres of Land, and twelve Acres of Pasture, to Thomas Parker and Samuel Lynn, whereby the said Jeremiah Scruby , &c. were supposed to have acknowledged the said Fine, in the Right of the said Parker and Lynn; whereas the said Scruby, &c. were not privy or consenting to the Acknowledgement of the said Fine .

Mr. Hayworth. About the End of last January I received a Letter from Mr. William Brereton , an Attorney in Norfolk, for whom I transact Business here, informing me, that Mr. Christopher Smith of Norfolk had sold an Estate to Thomas Parker , and another to Samuel Lynn ; That to Parker in his own Right, and the other in Right of his Sisters, to which he was Heir at Law, and was to have the Reversion; and that Mr. Smith was to come to Town to levy the Fine.

Two Days afterwards, Christopher Smith and Thomas Griffith came to me, and asked if I had received a Letter from Mr. Brereton about those Estates; I told them my Instructions were only about the Estate to Parker, and advised Griffith (who appeared as Smith's Attorney, and by whom Smith seemed to be influenced) to draw up the Case of the other Estate, to have the Opinion of Council; for I thought Lynn's Purchase not secure except the Sisters joined in it. I wrote to Mr. Brereton, and received his Answer the 16th of February, after which, Smith and Griffith came to me again; I told them we had agreed that the Sisters and their Husbands should all be conusant of the Fine; and as the two Estates were in the same Parish, to save the Charge of two Fines they were to join them in one. Griffith agreed to this Fine, and undertook to go next Morning into Essex (where he said Smith's Brothers and Sisters lived) and procure them to come up next Monday: And on Monday in the Afternoon he came and told me, that the Brothers and Sisters were come up, and desired me to get all ready against next Day. It happened my Lord Chief Justice was not then at Leisure, and so we agreed on Wednesday. I went on Wednesday to his Lordship's Chambers, and in the Evening Griffith came to me there, and said that Mr. Smith and his Brothers and Sisters were all below ; I went down with him, and he shewed me the Prisoners sitting on a Bench under the Arch of Serjeants-Inn: Are these they? says I; Yes, says he. I proposed that they should go to the Coffee-house, and be made acquainted with what they came about. It was agreed to, and we all went together into an Inner-Room.

Court. Look on the Prisoners and name them.

Mr. H. She that stands at this hither Corner of the Bar is Mary Pearson ; the next is Miriam Prestidge , and the other Woman is Ellen Maybank ; Josiah Reader stands by Pearson, and I think he next him is John Trundle .

Prisoner's Council. No, that is not he.

Mr. H.. Then I believe Trundle is the Hindermost.

P. Coun. But you are not positive which is which

Mr. H. The Prisoners were altogether in the Room, and I said to Mr. Smith, Are these your Brothers and Sisters who are to join in the Fine? he answer'd, Yes. Have you told them, says I, what they are to do? he said, Yes; and that he had paid them the Consideration Money. I ask'd the three Women if their Brother had paid them that Money, and if they were content to pass the Fine? they in general answer'd, Yes.

P. Coun. But can you take upon you to say, that they all, or any one in particular, answer'd, Yes?

Mr. H. I can't say that every one in particular answer'd, that they had received a Consideration ; but Mr. Smith said, he had paid them the Consideration Money; and the Women said, in general, Yes. I think Prestidge said, that they were all contented.

P. Coun. If they only said they were contented to pass the Fine, they might not be apprised of the Iniquiry of the thing. Can you be positive that every one in particular said before she sign'd, that she had received the Consideration Money?

Mr. H. I can't be so particular. I produc'd a Paper, and wrote the Concord - The Precipe was in Latin, and I read it to them in English - I produc'd the Instrument at the same time that I ask'd the Questions, and desired Mr. Smith to write his Name first, which he did, and the others sign'd after him.

P. Coun. It's laid that one personated one, and another another: Now what particular Person did Josias Reader personate?

Mr. H. I think the Name of Scruby was sign'd by Reader. Court. Which is Reader ?

Mr. H. He that stands behind there.

P. Coun. How can you take upon you to swear that Reader, rather than any other Person, subscribed the Name of Scruby ?

Mr. H. I believe it was he Court. Do you remember his Act of subscribing?

Mr. H. I asked who was the elder Brother, and as I remember, Reader answer'd, and wrote first: I believe it was he, but I cannot be positive to a Man that I never saw in my Life before. The next Name is Mary Scruby , and I think that was sign'd by Ellen Maybank , as the Wife of John Scruby ; the third is the Name John Bridegeman , and I think he was personated by John Trundle .

P. C. Do you know Trundle? Mr. H. Yes.

P. Coun. But you mistook him at the Bar just now.

Mr. H. Then the Name of Margaret Bridgeman was sign'd by Miriam Prestidge - I believe it was she.

P. C. Can you take upon you to swear that it was not Pearson who sign'd the Name of Margaret Bridgeman ?

Mr. H. I believe it was not; I think Pearson sign'd last, for as I remember the Name of Thomas Robinson , was sign'd by James Duffield , and then Mary Pearson sign'd the Name of Hunnah Robinson.

P. C. Then you cannot be positive to any of them, you only believe; but how can you recollect (even so far as to believe) which of them particularly sign'd this or that Name so long ago, when there were six of them together, and you saw them but that once.

Mr. H. I had a second View of them before my Ld. C. J. Eyre ; for after they had subscribed, and drank to one another as Brothers and Sisters, I told them they must go up to his Lordship, and be examin'd again, and I am sure they all six went up.

Mr. Brown. This is the Precipe Mr. Hayworth brought on me, sign'd as it is, and the Caption fill'd up.

P. C. Was any thing done on the Paper at his Lordship's Chambers?

Mr. Brown. I introduc'd them and read over in English this individual Paper (the Precipe) then I call'd Christopher Smith , and one answer'd to the Name, next I call'd Jeremiah Scruby , and another answer'd to that Name.

P. C. Can you take upon you to say which of the Prisoners at the Bar, answer'd to the Name of Scruby ? Mr. B. I believe it was Reader, but I cannot be positive.

Court. Can you recollect the Act of each, and apply it to each ?

Mr. B. No; nor do I remember the Identity of the Persons; except it be Pretidge, and, I think, I remember her, one of other of them answered to all the Names. I asked them if they were content to levy the Fine of the Premises within mentioned, and they consented. P. Coun. Are you sure they all answered? Mr. B. I cannot say whether they answered or bowed. Then the pretended Husbands withdrew, and the Women staid to be examined apart. His Lordship asked one of them, if she was willing to pass the Fine without Compulsion ? - She hesitated. - Upon which he asked her where she was born, and what her Maiden Name was? She appeared confused. Another of the Women who was behind, fell in a Swoon; and the third, which, I think was Prestidge, came behind the first, and told her it would be best to discover the Truth; upon which (before the Men came in) they confest the Whole, and said that Thomas Griffith had drawn them in.

P. Coun. Was the sole Examination over? Had they perfected the Fine before the Discovery was made?

Mr. B. The first Woman hesitated at the beginning of the sole Examination.

P. C. Then the other two Women had not been examined at all?

Mr. B. I think they had not.

P. C. Don't his Lordship sign the Caption, when the Examination is perfected, and the Fines are acknowledged? Mr. B. Yes.

P. C. And had he sign'd this? Mr. B. No.

P. C. Then it was not perfected - Are not your Questions to them, only Preparatory?

Mr. B. Yes; for after those Questions, his Lordship examines the Femme Coverts apart, and when that is over he signs the Caption.

P. C. If a Woman refuses, would his Lordship sign it?

Mr. B. No; it would be return'd.

P. C. Then I submit it, that here is no Fine acknowledged.

King's Council. Call Jeremiah Scruby - Did you acknowledge any Fine before my Lord Chief Justice Eyre, in February last ?

J. Scruby. No.

K. C. Did you consent that any other should do it in your Name?

J. S. No; but I had consented to sell some Land to my Brother-in Law, Mr. Smith, I and my Wife were willing he should have it, if it was his Right, and we had given it under our Hands to sell it. It was my Wife's Right, and I claim'd it by her. P. C. Do you know what a Fine is? J. S. No.

P. C. As you and your Wife had sign'd to sell this Land, you were willing to make a Title, and to sign any thing that was necessary?

J. S. Yes, if it was his Right.

K. C. John Bridgeman , did you levy any Fine in February last, or consent that any should be levy'd in your Name?

J. Bridgeman. No.

P. C. But you agreed to let your Brother Smith have the Land ? J. B. He had purchased his part 20 Years ago, and I was content he should sell it, for I had set my Hand to a Paper.

K. C. Margaret Bridgeman , had you acknowledged any Fine, or consented that it should be done in your Name?

M. B. No ; but I had sign'd to sell the Land.

P. C. And was not you willing to consent to any thing necessary to make a Title? M. B. Yes.

Thomas Robinson I and my Wife had sold the Land to my Brother, and I had received my Dividend for it, and gave him Power to do any thing necessary to make a fair Conveyance.

P. Coun. So that this does not appear to be a Design to injure any Body, but only a Contrivance to save the Trouble and Expence of fetching so many Witnesses out of the Country. But let us now compare the Indictment with the Precipe.

The Clark read the Precipe while the Council looks over the Indictment.

P. C. In the Indictment it is said, that they did corruptly make an Acknowledgement of a Fine to Thomas Parker , and Samuel Lynn only; but in the Precipe it is, to Thomas Parker and Samuel Lynn jointly, for their Lives, and the Remainder to the Heirs of Parker. A very material Difference!

Court. The Indictment and Precipe are indeed variant, and the Prisoners must be acquitted. And they were acquitted by the Jury.

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

Received Sentence of Death 2.

Rose Moreton , and William Sidwell , otherwise Robinson.

Rose Moreton pleaded her Belly; but a Jury of Matrons being impannel'd, they found her not quick with Child.

Burnt in the Hand 3.

John Bangham , convicted last Sessions. Dubartus Stiff , and Elizabeth Harrison .

Transportation 21.

John Dominicus , John Wily , Arthur Blake , Mary Forward , Mary Gordon , John Laurence , Susan Baker , Henry Dod , Rebecca Barrow , William Chickly , William Fish , Edward Thomas , Thomas Chambers , Edward Scot , Joshua Hall , Richard How , Hannah Sutton , Ann Carter , Isabel Johnson , Robert Black , and John Wright .