Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 18 April 2014), September 1735 (17350911).

Old Bailey Proceedings, 11th September 1735.

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

Thursday the 11th, Friday the 12th, Saturday the 13th, Monday the 15th, Tuesday the 16th, and Wednesday the 17th of September 1735. in the Ninth Year of His MAJESTY's Reign.

Being the Seventh SESSIONS in the Mayoralty of the Right Honourable Sir EDWARD BELLAMY, Knt. Lord-Mayor of the City of LONDON, in the Year 1735.

NUMBER VII.

LONDON:

Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane. M.DCC.XXXV.

(Price Six Pence.)

The PROCEEDINGS, &c.

BEFORE the Right Honourable Sir EDWARD BELLAMY , Knt. Lord-Mayor of the City of London; Mr. Baron Thompson , Recorder, Mr. Serj. Urlin, Deputy Recorder of the City of London; and others 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.

William Head /,

John West ,

Isaac Gibbon ,

William Chapman ,

Jeremiah King ,

John Loyd ,

William Gray ,

Gowen Nash ,

Edward Wood ,

Henry Clark ,

William Austin ,

Samuel Knight .

Middlesex Jury.

Thomas Scot ,

Anthony Prat ,

Thomas Barret ,

Samuel Anderton ,

Valentine Arnold ,

Patrick Jordan ,

James Barret ,

Robert Tunstal ,

William Godfrey ,

Thomas Wharton ,

Benjamin Barwick ,

William Hoster .

1. Ann Thompson , was indicted for stealing a Gown, a pair of Breeches, two Plates, &c. the Goods of Thomas Clear , August 20 . Guilty 10 d.

[Transportation. See summary.]

2. John Coleshill , was indicted for stealing twenty Yards of Sacking , the Goods of John Hide , July 15 . Acquitted .

3. John Jones , was indicted for privately stealing a pair of Silver Buckels, value 3 s. 6 d. from the Person of John Harris , July 30 . Acquitted .

4. John Stanning , was indicted for privately stealing twelve Yards of Irish Linnen, value 10 s. the Goods of Robert Bell , in the Shop of John Bell , July 10. Guilty 4 s. 10 d.

[Transportation. See summary.]

5. Rebecca Baker , was indicted for stealing a pair of Stockings, &c . the Goods of Richard Kirk , August 1 . Acquitted .

6, 7. Eleanor Byrom , and John Freeman , was indicted for assaulting Joshua Travers on the Highway, and robbing him of a Mourning Ring , July 27 .

She was a second time indicted for privately stealing a Silver Watch, from the Person of Joshua Travers , July 27.

Joshua Travers . I am Cellar-man at the Crown Tavern within Bishopsgate. On Saturday Night between twelve and one, as I was going home to my Wife and Family, I met the Prisoner Nell Byrom and another Woman: They said I should give them a Tankard of Ale; I told them it was too late; No, says Nell, I know a House that is open all night, and so they took me to the Three Daggers Ale-house in Fore-street , where we found the other Prisoner Freeman, and several more. He sat down with us and we drank together till six in the Morning; and then says Freeman to me, We will have a Funny Wedding, You shall be married to Nell. No, says I, You know that she has got a Husband now in Newgate lying for Transportation: And I have got a Wife and two Children, and my Wife is half gone with another. Then we agreed to take Coach and go to Hornsey, and Nell and I and Freeman and one Allington got in; but Freeman bid the Coachman drive to the Two Sawyers and Hand-and-pen in Fleet-lane. I asked him what he meant by that; Why, says he, It signifies nothing talking, We will have a Funny Wedding. To make short of my Story, I was carried to that Ale-house in the Fleet, and we had hardly been there a Quarter of an Hour before she shewed me this Mourning Ring, and asked me if I knew it: Yes, says I, 'Tis mine, How came you by it? By G - , says she, It has tyed us so fast we shall not be easily untied - She gave me the Ring again, and then we took Coach to go back to the Three Daggers. While we were in the Coach she began to be very rustical, and Freeman held up my Hand while she took the Ring off my Finger.

Court. And is this what you call a Robbery on the Highway? Freeman, Have you any Body to your Character?

Freeman. Several, my Lord.

Court. Call one or two.

Mr. Bell. I have known him twenty Years, I have trusted him with many score Pounds, but never knew any harm of him. He is a Watchmaker .

Second Indictment.

Joshua Travers . When we came back to the Three Daggers Alehouse I laid my self on a Box to sleep, and while I was dozing, Nell Byrom snatched the Watch out of my Pocket; I asked her what she meant by that; Why, says she, This is mine as well as the Ring; but I will give it you again if you will go with me to see my Husband in Newgate. So in hopes of getting my Watch, I went with her; but when we came there, her Husband Will Byrom was in bed, and she said to him, Billy, I am married to this Man, but not for Love or Goodwill, but only to get what I can from him and bring it to you; and here is his Watch; it will serve you to see what's a-Clock in Newgate; but if he wants to know how the time goes, he can look at the Clocks in the Street. So she gave him the Watch. I desired him to return it to me, but he said he knew better, for he should have occasion for it himself.

Eleanor Byrom. The Prosecutor courted me seven Years ago, and meeting me that Sunday Morning, he asked me to drink; We went to the Three Daggers and staid till six in the Morning, and then he asked me to go and be married. I told him I did not much care if I did; so we went to the Fleet and were married, and here is the Doctor to prove it.

Wyat. Between seven and eight on Sunday Morning, I married this Couple.

Court. Was not the Man drunk?

Wyat. He was neither drunk nor sober, but they brought two sober Men with them.

Court. Sober! They had been drinking all Night - Did you perform the whole Ceremony according to the Rites of the Church of England?

Wyat. I cannot say that I repeated all of it.

Court. What do you mean?

Wyat. I did not give them St. Paul's Advice, but left them to take it or let it alone as they might think proper. I always omit that, and I know it is omitted in several Churches.

Court. Was the Man capable of knowing what he was doing?

Wyat. Yes; for he gave half a Guinea to change; I returned him a Crown, and he insisted upon having the odd Six pence. And next Day he came to me in a Coach for a Certificate, and told me that he very well approved of his Choice, and would take care of her.

Court. Then he ought to be indicted for having two Wives - Officer, take him into Custody - The Woman too may be prosecuted for having two Husbands.

Eleanor Byrom . My Husband Will Byrom has been dead three Quarters of a Year - And this Will Byrom in Newgate is none of my Husband, but only a Kinsman of his.

The Prisoners were acquitted ; and the Court granted Freeman a Copy of his Indictment; but advised him to take care how he frequented such disorderly Houses, and kept such ill Company.

8. Mary Jones . was indicted for stealing a Cloth Manteuil, ten Pewter Plates. and two Books, the Goods of Frances Fitch ; and a Shirt, the Goods of John Campbell , August 28 . Guilty 10 d.

[Transportation. See summary.]

9. Mary Wotton , was indicted for stealing twenty seven Guineas and a half, and four Shillings and six Pence. the Money of John Easton , in the House of Thomas Foxly September 2 .

John Easton . This Girl was put Apprentice by the Parish to my Wife.

Court. How old is she?

John Easton. She is Ten next February; she had lived with us thirteen or fourteen Months. My Wife and I went out in the Afternoon; I returned first about six in the Evening, and the Girl was gone. I did not search the Drawers till my Wife came home; she had run away once before, but did not steal any thing then. We found the Drawers broken open and mist the Money.

Mrs. Easton. There was twenty nine Pounds in a Spice Box in my Drawers in Mr. Foxley's House. I went out and left only the Girl in my Room, when I returned the Girl was gone, my Drawers broke open, and the Money taken away. She was found in Rag-Fair, she owned she took the Money, and said at first, that she put it in her Bosom, and sat all Night in Moor-lane, and there a Man came and took it from her - Then she said a Woman took it out of her Apron, and at another time she told me that she gave it to a Girl who was to go out of Town with her.

The Jury found her Guilty . Death .

10. Robert Tracy , was indicted for stealing a Cloth Coat and Duffel Waistcoat , the Goods of Susan Sanderson , September 6 .

James Getier . My Mistress keeps a Sale-shop , the White Hart in Houndsditch. The Prisoner and one who pretended to be his Master came to our House and ordered a Coat and Waistcoat to be made for the Prisoner - The Prisoner came to fetch them and he put them on and left his old Cloths, for which he said I must allow what they were worth, and go with him to his Master at the King's Head in Chancery-lane to receive the Ballance in Money. So I went with him, but his Master not being there he carried me to several other Taverns betwixt there and Charing-Cross to see for him; but not finding him I told my Chap he must go back and take his old Clothes again and leave the new ones; so we returned together till we came to St. Michael's Alley , and there he run away from me, but I followed, and I cried stop Thief, and he was taken.

Zach Bohun , Constable. The Prisoner owned to me that his pretended Master was his Companion, and that they had both contrived this Scheme on purpose to defraud the Woman of her Clothes. Guilty .

[Transportation. See summary.]

11, 12. Ann Maund and Rachel Needham *, were indicted for privately stealing a Guinea and eight Shillings and six Pence, from the Person of Samuel Bonamy , September 5 .

* She was tried last Sessions by the name of Rachel Gardener , with Will King for robbing Elizabeth Dearing of a Hat and Mob in Moor-fields, and acquitted. Sessions Paper Number 6. Page 98.

Samuel Bonamy . About eleven o'Clock last Friday Night I was got a little out of the way, as the saying is, and in Fleet-street met Rachel Needham , and one Elizabeth Taylor who is in the Compter. They laid hold on me and led me into an House and up Stairs, where we had three Quarterns of Brandy. Then Ann Maund came up to take the Reckoning; I gave her half a Guinea, but went away and forgot my Change, and so I went back again about twelve o'Clock and asked for it, and called for another Quartern. Then she returned me eight Shillings, and they all three went out with me, and hussel'd me in a Corner and there they left me. But I having a thought, felt in my Pocket and mist a Guinea and some Silver; so I run after them, took Needham and carried her to the Compter. The other two were taken the same Night; and Bess Taylor said, that Nan Maund shewed her the Guinea, and bragged of it, and then threw the Leather Bag into the Fire.

Constable. We had a Warrant to take one Williams for keeping a disorderly House. We went thither and found Taylor and Maund alias Boyns; Taylor confest that they all went out of the House with the Prosecutor, and that Maund took the Money, and threw the Bag into Williams's Ashes; so Taylor was sent to the Compter to be an Evidence, but she is not brought hither.

Needham. The Bag was found on the Bed where he had been tumbling with Taylor.

Maund. So it was, for he was in Carnal Copulation with Nan Taylor, and because he could not do it according to his mind, he swore he would be revenged upon us. Nan Taylor is more in favour with the Constable and Watch, or she had been here in our place; as for my part I never troubled your Court before, and if you will let me go now I hope I never shall again. Acquitted .

13. Richard Ash , was indicted for stealing a pair of Silver Spurs and a Wig, the Goods of Henry Quentry ; and a pair of Silver Spurs and a Wig, the Goods of Alexander Beal , July 5 . Guilty .

[Transportation. See summary.]

14. Jane Leg *, was indicted for assaulting Dorothy Slowrach (a Child ) in St. James's Park , and robbing her of a Cap, a Frock, and a Silk Skirt of a Coat , Aug. 19 . Guilty of Felony.

* She was tried last Sessions for stealing a Gold Ring, and acquitted: And in December last for stealing a Gold Ring, and a pair of Gold Ear-Rings, and acquitted.

[Transportation. See summary.]

15. William Scarcity , was indicted for stealing thirty seven Yards of Sail Cloth , the Goods of several Persons, July 19 . Guilty .

[Transportation. See summary.]

16. Patrick Gaffney , was indicted for privately stealing a Silver Watch, value 5 l. from the Person of Richard Manning , August 14 .

Mr. Manning. As I was going into Long-Acre between eleven and twelve in the Morning on the fourteenth of August, which was the Day the Fire happened there; I found a great Croud of People, and before I came to the Vine Tavern I was hussel'd about and beset by several Persons. My right Arm was held up so that I could not get it down. The Prisoner was close behind me with his left Hand on my Shoulder pushing me along. I felt my Watch pulled out of my Fobb, for my Breeches were prodigious tight. At the same time I saw the Prisoner's right Hand in between the Skirts of my Coat, but before I could get my Arm down he had got his Hand out and turned it behind him. In that posture I seized his Hand, G - D - ye, says I, You have got my Watch. I your Watch? says he, You are a Scoundrel, I have none of your Watch. Then says I, You have handed it to some of your Companions. Sir, says he, I am a Man of as good a Character as your self - but do not raise a Mob, and I will go with ye to the Tavern. So we went into the Tavern Kitchen, and there he readily pulled off his Coat, and I searched him, but to no purpose, upon which, he began to taunt, and threatned to make me suffer for scandalizing him.

Prisoner. By the vertue of your Oath, Did you see me hand the Watch, or so much as speak to any body?

Prosecutor. No.

Prisoner. Or was any body near me?

Prosecutor. Near ye, Yes, prodigiously crouded - I had my Watch just as I turned the Corner of Long Acre, and my Coat was then open, but seeing the Croud, I buttoned my Coat on purpose; notwithstanding which, my Watch was lost before I came to the Vine.

John May . I saw the Prisoner with one Hand on the Prosecutor's Shoulder, and the other Hand under the Flap of his Coat. I heard the Prosecutor say, D - ye, I have lost my Watch; upon which I said, That Man (the Prisoner ) has got it.

Prisoner. Why did not you seize me then?

J. May. So I did.

Samuel Holditch . I was sitting on a Chest of Drawers that was brought out from the Fire. The Prisoner with his left Hand on the Prosecutor's Shoulder pushed him up to me; D - ye, says I, Do not squeeze my Legs ye B - ; presently I saw the Prisoner's Hand under the Prosecutor's Coat while two or three Men were pushing behind. I whipt off to seize the Prisoner but could not get at him for the Croud.

Prisoner. I was going with Capt. Brown (who is now at Sea) to go to the Kentish Town Races when the Prosecutor seized me in the Croud - I have some Witnesses to my Character.

John Huff , Apothecary in New Bond-street. The Prisoner lived as Journey-man to me about two Months, nine Months ago he was recommended to me for an honest Man, and behaved pretty well - He told me that he served his time to his Uncle who was a Surgeon in the Army - Indeed since he has been gone from me I have heard but an indifferent Character of him, his Name having been in the publick Papers.

Prisoner. After I left Mr. Huff I went into Scotland.

Mr. Eustace. I knew him several Years ago - His Family were very credible People in Dublin - But for the nine Months last past I can say nothing.

John Williams I live at an Alehouse in Neal's Yard by the Seven Dials, the Prisoner used our House for about three Months, and I never saw any hurt by him.

Court. May be so - And did not Maccray come with him sometimes?

J. Williams. No; The Prisoner always came alone, I never saw Maccray.

Court. Have you no body to give an account of your Behaviour for the last nine Months? Where is your Landlord Mabson, who kept the Brandy-shop in Cow-lane, where you lodged on the fourth of June last, when you were such a notable Surgeon for Maccray? *

* Maccray was convicted at last Kingston Assizes for robbing Mr. Hammerton on the fourth of June. Gaffney was one of Maccray's Witnesses, and swore that Maccray was very ill, and that he attended him, and gave him a Vomit at the time the Robbery was committed.

Prisoner. He is not in Town.

The Jury acquitted him.

He was a second time indicted for stealing two Silver Tankards value twenty eight Pound, the Goods of Phillip Shirley , in his House , June 29 . And

17. James Barthelemi for receiving the same knowing them to have been stolen , July 5 .

The Witnesses were examined apart.

Mr. Shirley. I keep the Hoop Tavern against Beaufort Buildings in the Strand . On Sunday the twenty ninth of June at about a Quarter before ten at Night, my House being very full of Company, two young Gentlemen came up my Passage and went into a Ground Room in the Yard, and rung the Bell. I went my self with a Candle. One of them turned his Face aside under presence of wiping it, and then laid his Head down on the Table, which gave me some Suspicion. The other called for half a Pint of Red, which being carried in they bid the Drawer send for a Coach - Do they take this for a Coffee-house, says I, Do they think it is worth my while to keep Servants to run on their Errands - Let them walk - In two Minutes my Drawer Giles Wilton came with a Pint of Lisbon for a Cool Tankard I bid him take care of the Tankard for I did not like my Customers. He said he'd warrant the Tankard should be safe and so he carried it in. They afterwards ordered twelve Pennyworth of Beef Steaks, some of which were set by the Fire to keep warm for another Person, whom as they pretended they waited for. They bid Joseph Fisher another of my Servants bring them a Tankard of Oat Ale, and thereupon he carried in another Tankard. They sent my Porter on three Errands, and while he was gone the last time they made off with both the Tankards - A little before this, I saw one of them looking out - The large Tankard weighed sixty nine Ounces twelve Penny-weight, the other cost me Ten Pound.

Gaffney. By the vertue of your. Oath am I one of the Men?

Mr. Shirley. I cannot swear to either of them.

John Ratcliff . On Sunday Night the twenty ninth or thirtieth of June, between nine and ten o'Clock the Prisoner and I went to the Hoop Tavern. The Room we went into was a Ground Floor on the Right-hand going up the Court. He called for half a Pint of Wine as soon as we came in, and afterwards for a Pint with Lemon and Sugar for a Cool Tankard, which were brought with a large Silver Tankard. He spoke for something to eat, and some Steaks being brought, he ordered a Tankard of Oat Ale, and that was brought too. He sent the Porter to some House in Cheapside to enquire for some Man, but I do not know what name - When the Porter returned, he sent him again to the Bull Head at Temple Bar, and when he came back from thence he bid him go to Tom King 's, and while he was gone the Prisoner went out to see if the way was clear, and finding it was, he took one Tankard and I the other and so we both went away. The Room we were in, is before we come to the Bar. Three Weeks ago I made my Information before Justice Deveil.

Gaffney. This Man was catched in a Capital Offence - He was taken up for a stolen Mare, and he swears this to save his own Life.

Mr. Deveil. Ratcliff was indeed taken on suspicion of stealing a Mare -

Court. How did you dispose of the Tankards?

Ratcliff. Next Day about three in the Afternoon I sent Frances Charnock with the least Tankard to the Prisoner Barthelemi a Goldsmith at Charing-cross . She staid till the Evening, and when she returned she said she had sold it to him for six Pound.

Court. How came you to send her thither?

Ratcliff. Because I knew Persons who had sold him Goods which he bought without asking Questions. I went my self once with John Delany , and carried a Tankard we had stolen from the Boar's Head. The other Tankard was melted down in three or four Lumps in Gaffney's Room while he was present, and three or four Days afterwards I carried it my self to Barthelemi; he weighed it, and gave me nine Guineas, but I said it came to nineteen Shillings more. He reckoned it at four Shillings and nine Pence or four Shillings and ten Pence an Ounce, I cannot say which.

Court. Did he ask ye no Questions?

Ratcliff. He asked me if I dealt in the Country, and I answered, Yes, I deal in small Wares. I sent Charnock next Day for the nineteen Shillings, and he gave it her.

Barthelemi. I bought the first Tankard for the full worth - As to what he brought I do not know what it had been, for it was melted down, and it weighed but forty three Ounces: And he being well drest, and telling me that he dealt in the Country, I had no suspicion of him.

Mr. Deveil. When I had examined Ratcliff and Charnock. I sent a Warrant for the Prisoner Barthelemi. When he came I read Ratcliff's whole Information to him, and he absolutely denied that he knew any thing of the matter; but when I brought out Ratcliff and Charnock to confront him, he owned that he bought the Tankards, and said he gave ten Pound seven Shillings for one of them.

Mr. Shirly. As one of the Tankards was whole, I desired him to return it, but he told me it was gone to the Refiners - And when Justice Deveil prest him to produce it, he said he had sold it. It was marked IER for I bought that and other Plate of the Widow Emery, who kept the Cardigan's Head. He had frequented that House, and had often seen the Tankard there, and afterwards knew that I bought it: Besides, I advertised it, with a Description of the Mark and the Weight which was set at the bottom, and one of these Advertisements was left at his House (as will be proved by the Man who left it) but a few Hours before he bought it.

Frances Charnock . Gaffney, and Ratcliff and I, all lodged in the same House. They came home together on Sunday Night, the twenty ninth or thirtieth of June, and brought two Silver Tankards which they said me they had got from the Hoop Tavern. Next Day about three in the Afternoon, I went to Barthelemi's House with the small Tankard. He was not at home, but his Wife desired me to stay, which I did. And soon after he came in, he lighted Candles, and shut up the Shop. He asked me no Questions how I came by it, but I told him without asking, that I came from Mr. Ratcliff. Then he weighed the Tankard in a Room behind the Shop, and cast it up on a Piece of Paper, and told me how many Ounces it weighed, and how much it was an Ounce, but I have forgot both, only I remember he said it came to six Pound three Shillings, or wanting three Shillings, I do not know which. Then he asked me where I lived, I told him in Holborn - I then lived in Gray's Inn-lane - He said he was going that way to meet some Company, and he would see me so far homeward. So he went with me to the upper end of St. Martin's Lane in Long Acre, and would have gone farther but I refused, and so we parted, and I carried the Money to Ratcliff, who gave half of it to Gaffney.

Barthelemi. Did not I ask you how you came by it?

Charnock. No, not a Word.

Barthelemi. Did not you pass for the Wife of one Johnson, and bring a Note?

Charnock. No.

Barthelemi. You did, and you said your Husband had had a Suit of Law in the Country, and on that account you was forced to sell the Tankard - What Letters was it marked with?

Charnock. I do not know.

Barthelemi. It was not on Monday that you brought it, but on Thursday.

Court. Produce your Books and contradict her if you can, by shewing a regular Entry.

Barthelemi. I keep no Books - I cannot write -

[As this was hardly spoke loud enough for the Court to hear him distinctly, he dropt this Pretence and said] - I set it down so in my Book, and that I gave her six Pound nineteen Shillings.

Mr. Deveil. After I had brought him to own that he bought the Tankards, he took me aside into another Room, and told me this matter might prove very troublesome to him, but it was in my power to make it more agreeable, and if I would go to his Shop he would make it easy to me, or Words to that effect: When I came back with him into the other Room, I asked him before twenty or thirty People, if he was not ashamed to offer to bribe me? He answered, that what he intended to give me - was only his Prayers.

Mr. Shirley. He sent for me into the same Room, and offered me twenty, twenty five, and then thirty Guineas if I would be easy - Will your Lordship please to ask Charnock about her selling him a Silver Pint Mug that was stolen from the Crown Tavern by GuildHall.

Court. No, I cannot enquire into particular Facts for which he is not indicted.

Barthelemi. I gave her five Shillings an Ounce for a Silver Mug.

Court. Why will you needs take this upon your self?

John Holton I am a Messenger to the Goldsmith's Company. On Monday, June 30. between three and four in the Afternoon, I left a Printed Advertisement of the same Tenour as this in my Hand at Barthelemi's Shop, and I think I gave it to his Wife. It contains a Description of the two Tankards, the Marks, Weight, and Size.

Then he read the Advertisement in Court.

Gaffney to Charnock. Did not you live with Ratcliff as his Wife, and go by his Name?

Charnock. Yes, I did.

Gaffney. How many were concerned in stealing the Tankards?

Mr. Shirley. Two.

Gaffney. The unfortunate Dr. Dunn was tried here last Sessions for stealing these Tankards; and did not you and your Servants swear positively that he was one of the two Men?

Shirley. I never did, nor do I swear to you.

Gaffney. It would be but Justice to bring your Servants here, to see if any of them know me.

Shirley. I did send two of them to the Gate-house, and they said they did not know the Prisoner.

Gaffney. Very Good!

Barthelemi. I have Witness to prove that I gave to the Value of the Plate.

Mr. Mansfield, Goldsmith. The usual Price of Old Sterling Tankards when melted. is five Shillings, or five Shillings one Penny an Ounce, for there is a vast deal of Sodder in it.

Mr. Shirley. The Tankards were both New Sterling.

Mr. Mansfield. Then they were worth three Pence an Ounce more.

Lewis Laroch , Silversmith. I offered to sell Mr. Barthelemi a Tankard at a Crown an Ounce, but it was Old Sterling.

Mr. Pattison, a Turner. I live opposite to Barthelemi; he works hard in his Shop from Morning to Night - I have seen him buy Goods publickly, and never thought that he would buy any thing in a private clandestine way; for I took him to be as honest a Man as lived.

Court. Have you never heard of his absconding on some account?

Pattison. I have heard that an Action at Common Law was brought against him for a Watch; and that thereupon he went abroad because he had not Money to pay for the Watch and Charges.

Barthelemi I stopt a Maid for offering to sell me a Tea-pot, till she sent for her Mistress.

German Bonette. I was not present when the Maid came by her self, but I saw the Maid and her Mistress together in his Shop; and he told me that he had obliged the Maid to send for her Mistress.

Several others deposed that they believed him to be a fair Dealer, and that he would not knowingly buy Plate that he suspected to be stolen.

The Jury found them both Guilty . Gaffney received Sentence of Death , and Barthelemi to be transported for fourteen Years .

18. William Lewis , was indicted for breaking and entering the House of Daniel Lee in the Night, and stealing three Silver Tankards, value 20 l. May 23 . And

19. Elizabeth Morris , Wife of John Morris , for receiving the same knowing them to be stolen , May 24 .

Daniel Lee , at the Rose and Crown Alehouse in Short's Gardens . My House was broke open May 23, between twelve and one in the Morning. The Entrance was made at my Window, from whence they came through the Celler, broke open a Cupboard, and took the three Tankards, which weighed about eighty Ounces.

Abraham Davenport . The Prisoner Lewis and I, committed this Fact. He pulled up one of the Bars with his Hand, and with that Bar he wrenched up the others; and then I standing to watch, he went in and brought out the Tankards. We went with them first to Mrs. Pritchard's at the Brill, but it being so soon in the Morning, she would not let us in, and so we carried them to Mrs. Morris, in Eagle Court in the Strand, and knocked her up about two in the Morning. Her Husband let us in. At first she seem'd scrupulous of dealing with us, for she said she had been in trouble on the like Account. * Lewis had been recommended to her, but she said she did not know that I went abroad (that is a Thieving.) though she knew something of me when I was Apprentice to a Glass Blower in the Strand. We told her she need fear no harm from us, for no body was concerned in it but our selves. About eight the same (Saturday) Morning, her Son fetched some Charcoal to melt the Plate. We melted it below Stairs while she was above, and then we carried it up to her. She weighed it with old Leaden Weights, and said there was forty six Ounces in all, and reckoning it at four Shillings an Ounce it came to nine Pound odd. She gave us five Guineas then, and the Remainder on the Thursday following - I made my Information seven or eight Weeks ago before Justice Deveil.

* She was tried in April, 1733. but acquitted. She was an Evidence for William Roberts alias Hampton, in December, 1732.

Edward Post . I had a Warrant (on the Information of Margery Williams ) for apprehending Lewis. In the Morning when she came to go with me, she bid me take help enough, for he was very desperate. We went to his Lodging next to the Black Jack in Dyot Street about seven in the Morning, and the Door being ajar, we entered and seized him abed. In the Room we found all these things, two Hangers, a Pick-lock-key, a Dark Lanthorn, Pistols, Powder and Bullets.

Davenport. This Pick-lock-key we bought of Morris's Son.

Morris. I was not at home at the time he swears they sold me this Plate.

Mary Elwall . I went to her House four Days before Whitsuntide, and she being ill, I invited her to come to my House in Swan Alley in Goswell street for the benefit of the Air; and so she came and staid there nine or ten Days.

Sarah Richmond . I remember it very well, for I lodged at Mrs. Elwall's at the same time.

The Jury found them both Guilty . Lewis received Sentence of Death ; and Morris to be transported for fourteen Years .

20. Hugh Jones . was indicted for stealing an Iron Key for turning on the Water, and an Iron Spoon used in the same Business , the Goods of the , August 25 . Acquitted .

21. Humphry Belmosset *, was indicted for assaulting Ann Metcalf on the Highway, and robbing her of a Necklace, and five Shillings . Acquitted .

* Belmosset (by the Name of Benjamin Belmosset ) was capitally Convicted in December, 1730.

22, 23. David Hutchinson , was indicted with John Roberts , not yet taken, for assaulting William Wigmore on the Highway, and robbing him of a Hat and Wig , August 21 .

It appearing to be a drunken Quarrel in which he lost his Hat and Wig, the Jury acquitted the Prisoner.

24. Thomas Jones , was indicted for for marrying Elizabeth Todd , May 28 . his former Wife Katherine Evans being then living . Guilty .

[Branding. See summary.]

25. John Violet , was indicted for stealing the New Testament , the Goods of John Carpenter , July 28 . No Evidence, acquitted .

26. Joseph Lamber , was indicted for stealing a Cock and two Hens, the Goods of John Wilson ; and a Gown and four Aprons, the Goods of John Peak , July 27 . No Evidence, acquitted .

27 Sarah Davis , was indicted for stealing a pair of Sheets and a Looking-glass, the Goods of Samuel Horner , September 1 . Acquitted .

28. Elizabeth Parrot , was indicted for stealing an Apron, a Pail, and a Yard of Diaper, the Goods of Edward Newsham ; and two Yards of Silk, the Goods of Sarah Tapper , July 24 . Acquitted .

29. Hannah Roberts , was indicted for stealing two Guineas and one Shilling, the Money of Robert Elby , in his House , Aug. 8 . Acquitted .

30. Sarah Manning , was indicted for stealing a sheet and a Saucepan , the Goods of William Bold , August 15 . Acquitted .

31. Richard Francis , was indicted for stealing twenty four Steel Chapes for Buckles, value ten Pence , the Goods of Joseph Haywood , July 22 . Acquitted .

32. William Gough , was indicted for stealing a pair of Pincers, a Hammer, a Last, and some pieces of Leather , the Goods of several Persons, July 23 . Acquitted .

33, 34. John George , and Thomas Mount , were indicted for stealing four Bushels of Malt, and a Sack , the Goods of Jeremy Immins , August 13 . Guilty .

John George , was a second time indicted for stealing three Bushels of Malt, the Goods of Joseph Fisher and Henry Johnson ; and five Bushels of Malt, the Goods of Joseph Evans , August 11 . Guilty .

John George, was a third time indicted with Thomas Hayman + , for stealing sixteen Bushels of Malt , the Goods of Moses Adams August 29 . Guilty .

+ Hayman was tried in June, 1733, for a like Fact, but acquitted,

[Transportation. See summary.]

35 Ann Farrow , and Elizabeth Steed , were indicted for stealing a Tea Kettle, Tea Pot, two Plates, a Candlestick and a pair of Sheets , August 6 . Steed acquitted and Farrow Guilty .

[Transportation. See summary.]

36. Elizabeth Smith , was indicted for stealing a Tea Kettle , the Goods of John Brown , July 24 . Guilty 10 d.

[Transportation. See summary.]

37. William Johnson , was indicted for stealing a Handkerchief , the Goods of Thomas Walker , August 8 . Guilty .

[Transportation. See summary.]

38. Sarah Greenwood , was indicted for stealing a Sheet , the Goods of Samuel Lambert , August 4 . Guilty 10. d .

[Transportation. See summary.]

39. Elizabeth Stevens , was indicted for stealing eight Ounces of Sewing Silk, value ten Shillings, August 12 . And two Pound five Ounces of Sewing Silk, value forty five Shillings, August 15 . the Goods of John Ferrers and Eleanor Wagstaff , in their Shop . Guilty, 4 s. 10 d.

[Transportation. See summary.]

40. Joshua Dean , Callico Print-Cutter , was indicted for making on one Sheet of Blank Paper, three counterfeit Impressions in imitation of three true Sixpenny Stamps, thereby designing to diminish the Revenue and defraud his Majesty of the Duties of six Pence, six Pence, and six Pence granted by certain Statutes , May 30 . In the Parish of St. Mary le Bow in London.

Elihu Bridoak . In July 1734. the Prisoner told me that he could counterfeit the Stamps on Paper so exactly, as not to be distinguished from the true Stamps; and if I would be concerned with him I should have half the Profits. He sent me to the Stamp Office for two treble six Penny Stamps, which I fetched to him. By these he made counterfeit Stamps, and thinking his House in St. George's Fields not convenient, I took an empty House by his Order in New-street, to which place we carried the Press and Fly and Crucibles and Metals and other Materials for coining Guineas and stamping Paper. We stamped several Reams of Paper which I distributed, some to Robert Whitworth of Manchester for twenty five Shillings a Quire the treble six penny, and seventeen Shillings the double; I sent him thirty Quire at one time; some to Mr Wheatly (or Heatly) at Chester; some to Mr. Parsons at New Castle, and some to others. I was present and saw the Prisoner put the Stamps on these five blank Sheets in March last, but these were not done in New-Street, but at Mrs. Petty's in Paul's Alley in Aldersgate Street, where we hired a Garret, about the end of February last: Nothing of the old Press was moved thither from New Street except the Fly, but we had a new Press made by one Boddington. When Benjamin Bowtell the Stationer was apprehended for selling counterfeit Stamp Paper, the Prisoner removed all the things from Paul's Alley to his House in St. George's Fields, except this Fly of the old Press, which was afterwards found in Paul's Alley by Mr. Lunnies. The new Press was first put together at Bowtell's, and the Prisoner sent me to bring it from thence to Paul's Alley: I went, and Bowtell pulled it from under the Bed, and said there is your Tackle. The Paper we stampt for Whitworth, Heatly, and Parsons, was doue with the old Press. Hearing that Bowtell was taken, I went to his House and found things in confusion: On Saturday the twenty ninth or thirtieth of May, his Wife told me that her Husband was arrested for Debt, and asked me where the Prisoner was, for her Husband wanted to speak with him; I went to the Prisoner over the Water and he told me that Bowtell was taken for selling Stamps though but few had been found at his House, but if search was made they might find more, for he had sent to Bowtell two Quire of two Shilling and three Penny Stamps, and six Quire of double Penny but the Day before. I told him Bowtell wanted to speak to him; the Prisoner answered, As he is in Custody, the Key may be turned upon me, and that may be as much as my Life is worth; but do you go to him and desire him for God's sake to hold his Tongue, for my Life depends upon his Taciturnity.

Several Witnesses deposed, that in searching the House in St. George's Fields, they found two Presses, several Stamps, Dies and Punches, and other Materials for Coining and Stamping.

Mr. Rollos, the King's Engraver, deposed that those Punches were proper for repairing Stamps after they were cast; and that the Stamp Paper produced in Court was counterfeit.

John Withers . After the House in St. George's Fields had been searched, the Door was left open and my Hen run in; I run after her, and clapt my Hand upon this Brass Six Penny Stamp, marked Y. This Place was hired by one Watts, an elderly Man, and I have seen him and the Prisoner go in there two or three times in the Day time, but I never saw the Prisoner go in alone. This was two or three Weeks before the search - This Paper was found up two pair of Stairs.

- Wagstaff. I have seen the Prisoner write several times, and I take this Writing to be his Hand.

Then the Paper was read; and part of it was as follows:

March. 6 qr of triple

3 qr of double

6 qr of prints

Ball. due from New Cas. 17. 16. 0

Mar. 27. 28

24 Indentures

12 Bonds performance

1 qr of triple

12 bonds

April 7

4 qr triple

1 double 13. 10. 0

Mr. Lunnies. I found this Pocket-book up two pair of Stairs.

- Wagstaff. This part is like his Hand - but this derogates - I cannot be positive to this.

John Boddington . This great Press I made by the Prisoner's Direction, and he paid me for it.

Prisoner. Did I alone employ you?

Boddington. Bridoak was with you - I made the Box and Screw of that other Press for Bridoak and after it was made, he and Bridoak came to look at it, and they said they liked it.

Prisoner. Was I present when it was taken away and paid for?

Boddington. Bridoak fetched it from my Shop in Islington Road, and to the best of my rememberance the Prisoner was with him.

Prisoner, Bridoak swore that I sent him to fetch that Press from Bowtell's House.

Mr. Lunnies. I went with a Warrant to take the Prisoner at his little House at Lambeth Marsh. The Constable and Mr. Wigley found him in the Garden, but he got away.

Mr. Rollos. I found him in an empty House. He had clambered up on the outside into a Cock Lost, where he lay on his Back. I called him and he came down - I found a Gun and a Pistol at his House - In a Room up one pair of Stairs among some Bricks and Shavings, in the House in St. George's Fields, there was as much Stamp Paper as came to forty or fifty Pound.

Mrs. Petty. Bridoak a Month before Lady Day, hired my Garret in Paul's Alley, and the Prisoner used to come there and lye with him for about two Months, but Bridoak staid longer - I once heard a thumping.

Mr. Page. On January 29, 1733, I let an empty House in New-street to Bridoak for a Year. I met him afterwards by chance, and he said he was going to France - On Lady Day last he brought me the Key - I do not know whether he had any Furniture in the House or not. It is a White House.

Sarah Fell . I live in New-street. The Prisoner and Bridoak have often been at our House, which is an Ale-house. I have seen them go together to the White House.

Prisoner. It has been represented, as if there was no Furniture in that House. Did not Bridoak lodge there?

S. Fell. I think he did, but am not sure. I have carried Drink to the House, but I never went but just within the Door - I have seen a Bedstead there.

Prisoner. Bridoak owns himself to be an Accomplice. He owns he was concerned in the whole Affair, and he has made himself rich by that means. But I was so poor that I was not able to carry on a little Law Suit. He pretended to be a Sollicitor. I employed him to recover a Debt, and so our Acquaintance begun. He brought me some little printed Marks to copy for him, and among them there was one for Daffy's Elixir, and as I had not Money, I was satisfying him this way for managing my Law Suit; but when I observed that most of these Marks had Crowns upon them, I suspected they might be put to an ill use, and therefore I would meddle with none but Daffy. In short I was forced to sell my Wig to carry on this Suit, and yet when he had got the Money, he put it in his own Pocket. If I had been concerned in a Practice by which he has got so much, it is reasonable to think that I might have got something too. His own Terror has brought him to a Confession: He knew that I was acquainted with some of his Secrets, and for fear I should discover them; he charges me with what he himself is guilty of, and would take away my Life to save his own. Has he not been tryed in this Place, * and convicted at Kingston? - I had taken a House at Liverpool, and put all my Tools and Cloaths on board the Ship Suttle on the ninth of May, to send thither. And when I was taken, I directed Mr. Lunnies at what House he might find them; I have since been informed that he has been there, and if he had found any thing that related to Coining or Stamping, I should have heard of it before now.

* In April 1732. Ebenezer Harvey alias Bodicoat, was tryed for stealing the Goods of Susan Calf , in the House of Ann Collier , but was acquitted.

Mr. Lunnies. I searched that House, and found only his Callicoe Prints, three Suits of Clothes, and other odd things, but nothing relating to the Stamp Office.

Prisoner. If the other things that were found in St George's Fields had been mine, is it not likely that I should have sent them away too - As to the piece of Writing that is supposed to be my Hand, it might as well be the Evidence's Writing, for he counterfeited my Hand in a Receipt, as I could prove by Giles Bradshaw , who proved last Sessions that Bridoak was concerned for me in a Law Suit, which was the Reason of my being often with him; but that Witness is not now in Court - Here is George Boddington Brother to John Boddington to prove that the Press was made for Bridoak

G. Boddington. I made part of the Press for Bridoak about a Year ago - I never saw the Prisoner at my Shop.

Prisoner. The House in St. George's Fields where the things were found, did not belong to me.

John Edby . That House is mine; I let it to old Watts, who said he intended to do something in Chymestry there - As for the Prisoner, I do not know that I ever saw him before now.

George Watts . I am no kin to old Watts. I am a Leather Gilder, my Master had a Ground next to the Prisoner's Ground at Lambeth Marsh; a small Ditch parts them, but there is a Plank lies over it, so that we frequently went into one anothers Ground: I have been often in, and all through his House, both when he has been at and from Home, and I never saw any thing like a Secret there: and from our Ground we can look through every Window of his House.

Prisoner. Bridoak gave old Wats notice to get out of the way, when I was taken.

Edward Harbert . Three Days after the Prisoner was taken, Bridoak came to the House where I lodged, and asked me if Watts lodged there. I said yes, he said he wanted to leave a Line for him, and so he took a piece of Paper and wrote upon it thus: Mr Dean does not want to see you, till he returns out of the Country. I delivered that Paper into Court last Sessions: I understood this as Caution for old Watts to keep out of the way - I have seen the Prisoner and Watts together, I think twice.

Then several Witnesses appeared to the Prisoner's Character. They deposed that they took him for an honest industrious inoffensive Man.

The Jury found the Prisoner Guilty . Death .

41. Benjamin Bowtell , Stationer , was indicted for vending one Blank Sheet of Paper, having on it three Counterfeit Impressions resembling three Six-penny Stamps, he knowing the same to be Counterfeit , May 30 , in the Parish of St. Mary le Bow in London.

Elihu Bridoak. The Prisoner was very intimate with Dean, they were seldom a Day asunder. I and Dean took part of the Press from the Prisoner's House in Butcher-hall-lane , carried it to Lambeth, where it was fitted up, and afterwards left at the Prisoner's House. When Dean and I removed to Paul's Alley, he sent me to fetch this Press thither. I went and asked the Prisoner for the Press that was left by Mr. Dean. The Prisoner drew it from under the Bed, and said, There is your Tackle. I carried it to Paul's Alley, and there we stamped this Paper - One Evening, Dean, Bacon, the Prisoner, and my self were drinking together, when the Prisoner said to Mr. Bacon, If you or your Friends can take off Stamps, I will use you well, and give you two or three Months Credit. The Prisoner being committed to Wood-Street Compter, I asked Dean to go and see him. Dean said it was not so proper for him to go, for if the Key was turned upon him, it might be as much as his Life was worth, but do you go, says he, and tell him, that his own Safety as well as mine lies on his being secret. So I went, and the Prisoner told me that he had then in the House two Quire of Two and Three-penny Stamps, and six Quire of Double-penny, which he had received from Dean the Day before; but the main Bulk of Stamps was in a Box at a Coffee-house, where he and Dean had lodged, and he was afraid it was seized; but if it was not he would give Orders to remove it. He added that he had confest nothing, and that he would say he had bought the Stamps of one of the same Trade who had newly left off the Business, and was a Holland Trader - Dean dealt with the Prisoner for Paper. The Prisoner once sent some Paper by me to Dean, and told me that Dean knew what to do with it.

Prisoner. Did you ever see Dean deliver a Sheet to me, or see me sell a Sheet?

Bridoak. No, but Dean told me so.

William Rutland On the twentieth of May, the Prisoner sold these ten printed Stamps and these eleven Blanks to my Master John Willis in Tower Street for three Shillings in Money, and the rest in Paper. I delivered them to - Jewks, to carry to the Stamp Office.

- Jews. I saw the Prisoner sell these for three Shillings, and a Ream of Paper.

Mr. Rollos. Mr. Lunnies, and Mr. Sydenham deposed that these were Counterfeits.

Peter Barber , Stationer in St. Paul's Church Yard. Sometime in April last the Prisoner brought me twenty Sheets of Treble Six-penny Stamps.

Mr. Rollos and Mr. Sydenham deposed that these were Counterfeits.

Edward Wrench . On the ninth of May last, I bought seventeen Sheets of Stamps of the Prisoner. I put them in my Drawer among other Stamps, and when I heard he was taken, I carried them with my Name to them to Mr. Rollos.

Mr. Rollos. I received these from Mr. Wrench, they are Counterfeit, and are marked with the Letter Y, which is the Stamp that was sworn to be counterfeited by Dean.

Mr. Brown, Constable Here are about ten Quires which I found in several Drawers in the Prisoner's Bed Chamber, but none in his Shop.

Joseph Bacon , Attorney. In April or May last, the Prisoner told me that one Mr. Dean had some Business to do in my way. We all met. This Business was about a Suit to compel one Wigley to specify performance of an Agreement that had been made betwixt him and Dean. I told the Prisoner that the Suit would be very expensive, and he said he would be my Paymaster. Sometime after, he asked me if Stamps would not do as well as Money. I answered, yes, and took Stamps of him to the value of seven or eight Pound; the chief part of which I sold to Mr. Smith, a Stationer.

Mr. Smith. These are the same, I delivered them to the Commissioners.

Mr. Rollos. These are Counterfeit Six-penny, marked O and T.

Mr. Bacon. The Prisoner being committed on Saturday Evening, I went to him on Sunday Morning, and desired him to make me a Bill of what Stamps I had received of him. He begun to write on the Leaf of a Pocket-book; but before he had finished, he tore it, and said, he would have nothing in his own Hand to appear against him; but however he would clear me at all Events, and take the blame on himself.

Prisoner. You own you sold some of them again. Are not you then as guilty as I? You may say you did not know they were Counterfeit, and I can say the same.

James Burnet . I received Rent of the Prisoner for my Brother. He desired me to take part in Stamps. March twelve, I took one Pound ten Shillings in Treble Six-penny, and ten Pence in Paper. May the twenty eighth Twelve Double Six-penny - six Quire of Double penny, and Six Treble Six-penny Bonds. In all three Pound eighteen Shillings and seven Pence. I had used eight Shillings worth in my Business, but finding them Counterfeit, I threatened to strain, and thereupon his Wife paid me the rest of the Rent except nine Pence.

Mr. Rollos. These are all Counterfeit.

Prisoner. I own I might have sold the Stamps now produced, but I bought them of Bridoak at the full price.

Abel Fern , Book binder, in Bishop's Gate Street. I was at work in the Prisoner's Shop about May last, when I saw Bridoak sell him a Quire of Treble Six Penny Stamps, for which the Prisoner paid three Shillings and six Pence.

Bridoak. I never sold him any, nor ever saw this Man in my life.

Samuel Bell (the Prisoner's Apprentice.) I saw my Master settle an Accompt with Bridoak for two Pound nine Shillings the beginning of March last. Bridoak gave my Master a Quire and a half of Treble Six Penny Stamps, and my Master gave him five Shillings to ballance. The Account was for Work and Goods.

Bridoak. He binds Books in Vellum, and he bound some Pocket Books for me to send to New Castle, and I paid him twenty five Shillings - It is no usual for Book-binders to have many Stamps, and I never knew that he dealt in them till he was acquainted with Dean. The Jury acquitted him.

Joshua Dran , was a second time indicted for High Treason in making four Pieces of Counterfeit Money, with Brass, Copper, and other Base Metals in the likeness of Guineas, May 27, in the seventh Year of his Majesty's Reign, in the Parish of St. Brides in London.

Elihu Bridoak. In December, 1733. the Prisoner began to make Dies for counterfeiting the present Coin. He finished them in January. I took Mr. Page's House in New Street, in order to Coin there. We carried thither the Bellows, and other Materials. He built the Furnace himself, and set up the Press, and provided Gold, Silver, and Copper. We made a great many Guineas, of which I distributed some hundreds. There was as much Gold in each as was worth fifteen Shillings We continued Coining till we went to stamping Paper. I know that these two Guineas were of his making, and I can pick them out from a Number of others, by a particular Mark. The Difference is in the Mouth and Lips, tho' it is not easily distinguished by a cursory View.

Mr. North. When Bridoak gave me Information of these Guineas, I asked him if he had got any of them. He said, No, but he knew them by the Lips, and could pick them out from good ones. I desired Mr. Maddoches of the Bank, to procure me three or four. Their Out tellers got four, which were mixt in a Bag with one hundred and ninety six good ones. Bridoak turned them over and picked out four, and I found them to be all Counterfeit. I gave two of them to an Officer of the Tower to make an Assay of their real value.

Thomas Whitaker . Mr. North gave me two Guineas. I tried them at the Assay Office. I found them to be Counterfeit, and worth about fifteen Shillings a-piece.

Brodoak's picking out the four Guineas from two Hundred was confirmed by Mr. Martin.

Prisoner. Ask Mrs. Fell of New Street, if she knows Watts, or has seen him at her House?

Mrs. Fell. I have seen on old Man named Watts: They said he was a Watchmaker. He mended my Clock, and my Husband's Watch. He lived then in Stone Cutters Street, which is in our Neighbourhood.

Prisoner. All these Materials were his, and they were found in his Possession. He and Bridoak took this House in New Street, and carried on the Design between them.

The Jury acquitted him.

42. Ann Wright , was indicted for stealing a Sheet, the Goods of John Nurse ; and a Sheet, the Goods of Margaret Whaley , August 18 .

She was a second time indicted for stealing a Silver Watch, value twenty Shillings , the Goods of Thomas Dobson , August 16 . Guilty of the first, and acquitted of the second Indictment.

[Transportation. See summary.]

43. Margaret Douglas , was indicted for stealing three Fans , the Goods of Joseph Bailey , June 1 . Acquitted .

44. Ann Reading , was indicted for stealing a Porridge Pot, and two Sauce Pans , the Goods of William Lions , August 10 . Guilty .

[Branding. See summary.]

45. Ann Tyers , alias Sarah Beard , was indicted for stealing ten Pewter Plates, a Stew Pan, and a piece of Cloth , the Goods of Charles Bowler , July 13 . Guilty .

[Transportation. See summary.]

46. John Lattimore , alias Smith , was indicted for stealing a pair of Sheets, and a Pillowbier , the Goods of Graves Akin , July 1. No Evidence, Acquitted .

47. Mary Griffith , was indicted for privately stealing four Yards of Printed Cotton, the Goods of David Cheesman , in his Shop , August 13 . Guilty 4 s. 10 d.

[Transportation. See summary.]

48. Robert Pope , was indicted for stealing a Sheet and a Quilt , the Goods of Richard Hall , July 31 . He was a second time indicted for stealing two hundred Weight of Lead , the Goods of Richard Hall, July 31. And a third time for stealing twenty Pound Weight of Lead, fixt to the House of Richard Hall . July 31. Acquitted .

49. Sarah Benjafield + alias BenderField , was indicted for stealing a Handkerchief, two Shirts, three Pillowbiers, four Towels and an Apron , the Goods of John Warren , July 18 . Guilty .

+ Benjerfield was tried in September, 1732. for stealing Linnen, and acquitted. Sessions Paper Number 7, Part 2. Page 212.

[Transportation. See summary.]

50. Mary Savory , was indicted for stealing two Napkins , the Goods of John Whitehead , July 7 . No Evidence, Acquitted .

51. Elizabeth Pass , was indicted for stealing four Tea Spoons, a pair of Tea Tongs, two Pinners, eight Mobs, five Ells of Holland and other Linnen, the Goods of Daniel Trigg ; a Silver Spoon, a Gold Ring, and a Poplin Gown, the Goods of Nicholas Noise ; a Silk Gown, the Goods of Elizabeth Rush , September 4 . Guilty .

[Branding. See summary.]

52. Margaret Workman , was indicted for stealing a Sauce-pan, the Goods of Francis Grinoe ; and a Looking Glass, the Goods of Hannah Waggoner , July 27 . Acquitted .

53, 54 George Allen , and John Bird , was indicted for privately stealing seventeen Shillings, the Money of John Smart , in his Shop , August 22 . Bird Acquitted , and Allen Guilty 4 s. 6 d.

[Transportation. See summary.]

55. Ann Rigby , was indicted for stealing a Sheet , the Goods of John Daniel , September 3 . Acquitted .

56. Philip Hall , a Bricklayer , was indicted for stealing a Silver Salver, value 26 s. the Property of the Rt. Hon. Sir Robert Walpole , August 18 .

James Wright . The Prisoner has been Sir Robert Walpole's Bricklayer about eleven Years. On the eighteenth of August, he came to Sir Robert's House at Chelsea , and was in the Pantry amongst the Plate. for being well known in the Family, we had no mistrust of him.

John Wilmot . I live with Mr. Gilpin, a Goldsmith by Lincoln's Inn Back Gate. On the nineteenth of August, the Prisoner came to our Shop, and said, he had a little piece of Plate to dispose of, and then he produced this Escallop'd Silver Salver. Seeing a Crest on it, I asked him whose it was. He said he did not know, for it was left him by his first Wife. I told him I must stop the Plate till he could satisfy me how he came by it. He asked me what I meant by that, and said, he could soon fetch one that knew him; and so he went and fetched Mr. Stafford from the Stamp Office. Mr. Stafford told me who the Prisoner was, and said that he believed him to be an honest Man - I looked into a Book of Arms, and thought the Crest was like the Duke of Chandos's. But on my going thither, I was told it was Sir Robert Walpole's. I went to Sir Robert's, and there the Plate was owned.

Mr. Wright again. This is the same Salver that was lost out of Sir Robert's Pantry.

The Jury found him Guilty .

[Transportation. See summary.]

57. Edward Williams , was indicted for stealing three Sheep Skins and two Buck Skins , the Goods of Henry Bullock , July 27 .

Mr. Bullock. The Prisoner worked for me about six Weeks. He went away on Saturday, July 26. and pretended that he was going to Bristol.

Richard King . My Master Bullock of Colebrook keeps a Warehouse here in Town which I look after. He employs forty or fifty Servants, and when he wants a Hand he sends to me - I sent the Prisoner to him about three Months ago. On the twenty ninth of July, 1 heard that a Man was stopt with some of my Master's Goods. I went and found the Prisoner, and these Skins, which I believe to be my Master's. I asked him how he came by them; he said he found them, and as he was coming to bring them to me he was stopt; but though he found them, he would pay me for them if I would give him no farther trouble - They had not the King's Stamp on them.

Sarah Laws . On Tuesday, July 29, between four and five in the Afternoon, the Prisoner came to my House with two Bundles, and called for a Pint of Beer. He desired me to let him leave those Bundles. I put them behind the Bar. Then he said, he wished I could let him lye there if it was but for one Night, for he wanted a Lodging, and there were so many wicked Houses about Town, that a sober Man could hardly find a Place to lay his Head in - At Night my Maid lighted him up Stairs, and when she came down she said she wondered I would let that strange Man lay there, for though he pretended so much Godliness, he had been very rude to her, and forced his Hand up her Coars. Upon this, we examined his Bundles, and found they were wet Skins, and suspecting he did not come honestly by them, we got a Constable, and made the Prisoner get up. And then he denied that ever he delivered the Skins to me.

William Spicer , Beadle. When I saw the Skins were wet, and had no Stamps on them, I sent for a Constable. The Prisoner at first refused to rise, and denied that he brought the Bundles. He told us however that he worked for Mr. Bullock, at Colebrook. Upon which, one who was present, said, that Mr. Bullock had a Ware-house in Town, and so sent for King who belongs to the Ware-house.

J. Robinson. I know these are my Master Bullock's Skins by the Marks, for each of his Men marks his own Work, that if there is any Fault we may know who to blame.

Prisoner. I would not have left my Master but for the Wickedness of his Workmen, for they were so given to drink Gin, that I who had always behaved my self with Sobriety, could not bear to see them go on in that pernicious Practice. As for the Skins, I found them on this side Colebrook, and considering with my self that they might belong to my Master, I resolved as I was going to London, that I would deliver them to his Ware-house-keeper there. And this was my Design, on my Word and Truth, and as I hope for Mercy in the Kingdom of Heaven. But for Christ's Sake! for the Lord Jesus Sake! let me have my Punishment in my own Country.

The Jury found him Guilty .

[Transportation. See summary.]

58. Isaac Dennis , was indicted for assaulting Judith Smith , in a Field near the Highway, in the Parish of Stepney , and robbing her of one Shilling and three Half-pence , August 2 .

Judith Smith , On Saturday the second of August, between six and seven in the Evening, as I was going over the Fields towards London, I saw the Prisoner peeping thro' some Wooden Pallisadoes. I went forward, and he followed me, and took hold of me, and said he must have my Money, and it must be Silver, I took out my Huswife and gave him a Shilling, and told him I had but three Half-pence more, he said he must have that to buy him a pint of Beer - when he was gone, I ran over a Field or two, and told some People that I was robbed.

Prisoner. I only asked her to give me something out of Charity - She cannot say that I had any Tools.

J. Saunders. He had nothing in his Hand, but he said he had a Knife in his Pocket, and would stab me if I did not give him some Money.

Charles Blackmore . Hearing of several Robberies had been committed in our Neighbourhood I took up the Prisoner, and carried him before Justice Norris, to whom he made a Confession in Writing.

Then the Prisoner's Information, before Justice Norris, was read in Court. He says, that on Saturday last he met a Woman, near Grove Street, and robbed her of one Shilling and three Halfpence and that Richard Noble and Robert Lynn , were concerned with him, and lurked in a Ditch while he committed the Robbery, and afterwards had part of the Money.

The Jury found him Guilty . Death .

59. Lawrence Pickup , was indicted for the Murder of Rachel, the Wife of John Fletcher , by assaulting and fixing both his Arms and Hands about her Waste and squeezing and pressing her divers times on the Back, Loins and Sides, and thereby giving her several mortal Bruises, June 28 . of which she languished till August 2. and then died .

Mr. Deveil. This Deposition on Oath, I took from the Mouth of the Deceased as she lay in her Bed at Kensington Gravel Pits, on the twenty eighth of July last, and she died on the second of August following.

The Information was read, to the following purpose.

That one Pickup a Brewer , came to her House, at the Time the Races were at Hounslow, being about three Weeks ago, and finding her alone, he went into her back Parlour, and proposed to lye with her, which she refusing, he seized her about the Waste, and struggled with her so long, that by his Violence in attempting to ravish her, she apprehended he broke something within her, and bruised her Kidneys which she immediately felt. That he did attempt to ravish her, and by force took up her Coats, and that she has not been able for a Fortnight after to make Water, and that she believes it will be the Cause of her Death.

Mr. Deveil, further deposed. That he found her in a bad Condition, and that in his Judgment, she was a dying Woman, in great Pain and Misery, that she gave rational Answers, and seemed to speak with all imaginable Veracity.

John Fletcher deposed, that on the twenty eighth of June, he went to the Hounslow Races between one and two in the Afternoon, and returned about seven in the Evening, when he found his Wife crying, and asking her the reason, she said she would not be left alone any more: That next Morning she said she was very bad, and shewed him her Water, which war bloody; but he thought it no more than usual, she having been troubled with the Stone and Gravel, but he had heard no Complaint of that nature for a Month before, and that he left her well when he went from Home. That nine or ten Days afterwards, she told him that Pickup the Brewer had been there, and finding her alone, went into the back Parlour, and called for a Pint of Wine: And when she carried it to him, he locked the Door, threw his Arms round her Waste, and threw her down, and put his Hands up her Coats, and attempted to ravish her, that she got up again, and threw up the Sash, and got half out, but he pulled her back, and offered her a Cellar full of Beer to lye with her. That he went to the Prisoner's House, to know why he had abused his Wife, but he was not in Town. That a Week after this, the Prisoner sent him some Two-penny, which the Evidence returned, whereupon the Prisoner came with Mr. Mosely, and huffed the Evidence, and asked why he sent back the Drink, to which he answered: You Villain how dare you come to my House, and abuse my Wife. That his Wife hearing the Prisoner's Voice, called out and said, That Villain at the Door has been the Death of me.

Being asked if his Wife might not have been heard, if she had cryed out when the Prisoner assaulted her; he answered, that she did not cry out, for he struggled with her half an Hour, and she was out of breath: He added that she was attended in her Ilness by Dr. Beaufort, Dr. Bloxham and others, and being cross-examined, he said he believed his Wife did not tell the Doctors how her Disorder began; that he did not ask them what they thought was the cause of it, nor did they tell him.

Elizabeth Sheham , deposed, that the Deceased sent for her seventeen Days before her Death, she complained of a violent Fit of the Cholick, and said she had been ill two Days before, and believed she had got it by eating Beans and Bacon, but this Evidence thought it was the Gravel.

Dr. Beaufort About the nineteenth of July, the Deceased sent for me, and said she had been ill three or four Days, was in great Pain, and under a total suppression of Urine. I believe it proceeded from the Stone, and directed as for a suppression of Urine. I visited her three or four times, but she would take nothing, and so I went no more. She never complained of receiving any Bruises, or any Disorder about her Kidneys.

Being asked if taking a Woman round the Waste, and struggling with her, could bruise her Kidneys, so as to be felt. He said he did not think that so doing could have such an Effect. Being farther asked, if a Stone in the Kidneys might not by Violence be removed, and so cause that suppression of Urine, he replied that it was not to be done by any Violence that could be used in hugging and squeezing.

Dr. Bloxham deposed, that he attended the Deceased in March or April, she had severe Vomiting, and all the Symptoms of the Stone, for which he directed. That he saw her three Days after his Direction, and she had voided a little Stone. That about the end of July she told him she had had a suppression of Urine for seven Days, which he took to be the Stone, and ordered a Warm Bath. That neither she nor her Husband ever told him that she received any Bruise. Being asked, if Squeezing and Struggling could bruise her Kidneys, so as to be immediately felt. He answered he did not apprehend any such thing could happen; but perhaps it was possible that a violent Wrench or sudden Distortion of the Body might dislodge a Stone and throw it into the Ureter.

Sir Richard Manningham deposed, that on the thirtieth of July, he was sent for to meet Dr. Burton, at the Plough at Kensington, from whence they went to the Deceas'd's House. The Deceased said she had been abused, and had not made Water for a Fortnight. He told her that was a long time indeed, and (letting her know his Profession) he laid his Hand on her Belly, and found a Tension. He pulled out his Catherer, but a Woman who was present cried out, No, We will have no Experiments - she has been prob'd already. He then let them know he had no farther business there. The Woman told him he had frighted the Deceas'd to death, and she might lay her Death to him. He said, they might do as they would, provided they did not swear he had ravished her. And so he stept down to Dr. Burton, and told him it was well if there was no Trick - They both went up, and were met by one who said they might search now - He did examine, and found no Water in the Bladder. They pretended she was bruised, and that the Child was killed within her. He offered to take the Child away, but upon searching, there was neither Child nor Bruise to be found.

That he saw the Deceased in half a quarter of an Hour after she was dissected, and could perceive no sign of any Bruises, or of her being with Child; that her Kidneys were emaciated by a settling of Gravel. That the Surgeon shewed him two Stones, and told him that the biggest had been fixt in the ureter going out of the kidney, and the other at the insertion of the ureter into the Bladder, and that he believed her Death was owing to those Stones only.

Being asked if he thought those Stones had been there for some time, or had been removed thither by some sudden Violence. He answered, the Kidneys were so well guarded that no Struggle could remove those Stones.

Mr. Chovet, a Surgeon, deposed. that he opened the Body and found a large Stone in the right Kidney at the Exit of the Pelvis, that he found no inward or outward Bruises; that from the Conformation of the Parts, the Water arising like the Swan-neck of an Alembic, or the Letter S, he thought it evident that the Stones could not fall into the places where they were found by means of any struggling.

The Court having summed up the Evidence, the Jury acquitted the Prisoner.

60. Thomas Gray , was indicted for assaulting, and carnally knowing, and abusing Frances Colomies , an Infant , of the Age of eight Years April 4 .

Mr. Deveil deposed that on the twenty fourth of July, the Prisoner was brought before him for a Rape. That there were several strong Depositions against him; that he admitted he had plaid and been familiar with the Child, and had even taken some indecent Liberties, but never offered to ravish her, or any thing like it.

Eleanor Cox , a Midwife, deposed, that on the twenty fourth of June, she found the Child much disorder'd with an Inflammation, and did believe she had been injur'd by a Man.

Sarah Colomies . (the Child's Mother) deposed, that being left to take care of Sir. Robert Birch 's House by Soho Square , where the Prisoner, who is a Carpenter , was at work, he came up Stairs, and told her one Mr. Wadsworth had been there, and desired she would come to his House; that she went thither, leaving none but her Child and the Prisoner in the House: That this was on a Friday, and on the Monday following which was Easter Monday, she first discovered her Child's Disorder, and concluded by what she saw, a Man had been rude with her. That upon her examining the Child, she fell on her Knees, and said that one Gray did it.

This Witness being asked, why she staid above three Months before she made her Information against the Prisoner, she answered that in about a Fortnight after the Injury was done, she wrote to Sir Robert Rich , who ordered her to apply to his Attorney: That she went to his Attorney twice, that Sir, Robert likewise directed her to go to Mr. Stevens a Surgeon, and let him search the Child and she did so, that she talked with the Prisoner; and told him she was afraid he had given the Child some ill Distemper; but he assured her he had not, and promised to make Satisfaction: That his Wife was very ill, and begged her not to prosecute him, for if she did, it would be the ruin of their Family - He was discharged from working in Sir Robert's House, in about two Weeks after the Fact.

Mr. Stevens deposed, that the Mother brought the Child to him, as from Sir Robert Rich , that she complained the Child had a little Moisture, but when he saw the Child there was none, though it was a common thing with less than she: That thereupon he advised her Mother to go about her Business, for the Child was very well; he was positive there had been no Penetration. And that Sir. Robert's Attorney said it was so dirty an Affair, that he would not be concerned in it.

Another Surgeon depos'd, that there had been no Laceration of the Part, without which it was impossible, there should have been any Penetration. That indeed there was a little Moisture when he saw it, which was after the Prisoner was taken up, but that he had seen a hundred Children in the same Case. The Jury acquitted the Prisoner.

61,62,63,64. Richard Freeman , was indicted with Richard Bromingham , John Franligan , Abram Web , the younger, and Rose Jackson , for the Murder of Jeremy Gray , Bromington, by giving Gray with a Hurling Stick one Mortal Wound on the right Side of the Head, of the length of three Inches, and breadth of half an Inch, September I , of which he languished till the seventh of the same Month, and then died .

They were a second time indicted on the Coroner's Inquisition for the said Murder.

There not being sufficient Evidence, the Jury acquitted the Prisoners.

65. Edmund Togwell , was indicted for assaulting, ravishing, and against her Will, carnally knowing Margaret Macculough , Widow, July 7 . And

66. Peter Mattews , for being present, and aiding the said Togwell, in committing the said Rape .

Margaret Maccullough. That she lived in Castle Court in Mercer Street, and that on Sunday the sixth of July, between three and four in the Morning, as she was going from her own Door to call her Company to go and buy Mackerel, James Whitney , who goes by the Name of Pug, came up the Court and knocked her down; Togwell came up the third Man, and after him a young Gentleman, they called Master Arn, and then a great many more followed. That getting up again, she was knocked down a second time by Richard Arn , and forced into a House of Office, which they broke down, and then Togwell thrust a Handkerchief into her Mouth, and lay with her by Violence, while fourteen held her. That the Prisoner Matthexs was one of them, and held her on her right side. That after Togwell had abused her, Arn and Pug, and Harding, and three more of the Company lay with her in the like manner; and then they left her and were followed by some of the Neighbours into Drury Lane, where they met another Woman, and pulled up her Coats and whipt her in the Street.

Being asked if she knew the Prisoners before? She said she had never seen any of the Company before; but that one Nathaniel Walker told her Togwell's Name, and she knew him again by a Mark in his Face; and that some body told her Brother that Matthews was at the Yorkshire Grey in Drury Lane, bragging of what he had done. She added, that she went next Day to Justice Deveil and made her Information.

Mr. Deveil deposed, that Arn, Harding, and Togwell were named in her Information as three of the Persons who had actually ravished her, and several others were described.

Matthews said, that he never went out of the way on this Account, that he was not taken till two or three Weeks after; and asked the Prosecutrix why she did not put his Name in her Information before Justice Deveil.

She answered that she had another Warrant from another Justice for four more.

Martha Mulzer , a Midwife, deposed that being sent for by Maccullough the Saturday after the Abuse, She found her bruised on her Arms, Legs, Thighs, Back, and all over, like the Bark of a Tree; and fore, swell'd, and in such a shameful Condition, that she never saw any thing like it, and believed she would never be her own Woman again.

Nathaniel Walker deposed, that he was in the Court when Pug came up; that he saw several others at the bottom of the Court, but did not stay to see them come up, nor could not say that either of the Prisoners was among them; but that in about two Hours after, he saw the Prisoners, who were two Tavern Drawers , Jack Harding (a Gold-beater in Long Acre) young Arn who belonged to the Play-house, and Pug the Black-Smith, and others, drinking at the Yorkshire Gray in Drury Lane.

Joseph Tucker deposed, that looking out at a Window, he saw Togwell come (the third Man) up the Court, that he saw him drag her down, and saw him upon her, and near twenty more about her, some holding her in one part, and some in another; but could not say that he saw Matthews among them. That he was afraid to go down to help her, for he thought they were drunk or mad; and that when they had done, some of them cried out, Let us put the Bitch down the Vault. That soon after they went, he followed, and found them fighting with one another at the bottom of Long Acre; and then he first saw Matthews among them. That from thence they went along Drury Lane into Holborn, but came back again, and went into the Yorkshire Grey in Drury Lane.

Elizabeth Russell deposed, that Snub Nose Pug came first up the Court, took hold of her, and called her old Bitch. That she fell on her Knees, and said, Pray Gentlemen do not hurt me; but that he put Mud and human Excrement into her Eyes and Mouth, and then let her go; so that being almost blinded, she could not see what was done to her Bedfellow the Prosecutrix.

Other Witnesses deposed that they heard a great Noise, and saw several Men drag the Woman into the Vault, but could not distinguish their Persons.

Margaret Crouch deposed, that she lived next D or to Maccullough, who came to call her to go to Market. That Pug came up the Court, knocked Maccullough down, and threw her Coats over her Head; and then Togwell came and lay with her in the Vault. Being asked if she saw him lie with her; she said she saw, for he took it out; that she saw Matthews hold her by the right Thigh. After Togwell had lain with her, he called out to the others and said, - her to Death; and then Pug, and a little Player, and others lay with her; and they pulled off her Shoes and beat her with them, and abused her with Colley-flower-stalks. That this Evidence was in her Shift at the Window when she saw all this; and she bid her Neighbours throw Chamber Pots or any thing upon them. That she was afraid to go out, for they swore they would serve her the same Sauce; and she believed they would have done the same to their own Mother, if she had been there at that time.

Then the Prisoners made their Defence.

William Ray deposed, that he kept a Night Cellar the Corner of Russel Street in Drury Lane. That Matthews came down his Cellar between two and three o'Clock that Sunday Morning, and staid there till between five and six.

Luke Smith , a Soldier deposed, that Matthews came down Ray's Cellar sometime that Morning, and went away about four.

Joseph Tucker standing up again deposed, that the last Witness told him, if he would not appear against Mathews he should have half a Guinea, and all his Charges born

The Court thereupon ordered Luke Smith to be taken into Custody. And the like Complaint being made of Mr. Arn an Up holsterer in Queen street ( the Father of young Arn) an Officer was sent to fetch him from a Brandy-shop in the Old Bailey, but he made his Escape.

Benjamin Foxwell , Drawer at the Three Tuns in Princes-street by Drury Lane deposed, that hearing Togwell was taken up, he went with him before Justice Midford, and Maccullough being sent for, and bid to look round, one who was present Pointed to Togwell, and told her that was the Man. That she said he had on the right-side of his Face a Scar, and that he had changed his Coat whereas this Evidence said, he Togwell had but one Coat.

Maccullough being called up again deposed, that she did not say Togwell had a S ar but a Mark in his Face; and after the Men had abused her, they changed their Coats and Wastecoats and Hats before they went out of the Yard.

William Hughs deposed, that he lived at the Corner House next to the Privy where the Fact was done; that he saw a great many People in the Court, but saw nothing done; that he did not see the Doors of the Privy broke down, but that Maccullough was in the Privy and the Door was shut.

Joseph Tucker deposed, that the last Witness told him that he heard them say, Throw the Bitch down the Vault.

Thomas Ward deposed, that the Morning after the Uproar, Maccullough declared to him, that she was not the Woman that had been wronged; but said she had done an ill thing, and would not have him know it.

To this Maccullough answered, that she only refused to tell Ward the particulars, because it was a shame such things should be known.

The Jury found the Prisoners both Guilty . Death .

67. John Whitney , alias Pug , was indicted for ravishing Margaret Maccullough , July 6 .

The Prosecutrix deposed, that Pug came first up the Court swearing and cursing, and talking Baudy. That he seized upon Elizabeth Russell , and blinded her, and stopped her Mouth with Mud and Human Dung; and then knocked down this Evidence, and threw up her Coats. That the first Man who lay with her was Togwell; the second, was young Master Arn; the third, was the Prisoner Pug; the next was Richard Harding the Gold-beater's Son, and after him, three others. She was positive to the Prisoner, for his Face was very remarkable.

Joseph Tucker deposed, that Pug came first up the Court and beckoned to the rest, and told them there was, So-and-So enough.

Margaret Crouch deposed, that Snub Nose the Prisoner was the first that knocked Margaret Maccullough down; she saw him pull his Breeches down, and saw him actually upon her; and that she knows him very well; that he lives in Castle-street, and that she heard him say, Take a Colly-flower Stalk and - the Bitch to death.

Elizabeth Russel deposed, that the Prisoner thrust Mud and Ordure into her Mouth and Eyes.

The Prisoner in his Defence owned, that he was in the Court, but said he was not concerned in abusing the Woman.

Richard Mitton deposed, that the Prisoner frequented his House, and paid his Reckoning very honestly. That he was a Smith by Trade, and worked very hard both early and late.

The Jury found the Prisoner Guilty . Death .

68. Mary Johnson , alias Martin alias Smith alias Brantly , was indicted for privately stealing three pair of Stockings, value thirteen Shillings, the Goods of William Stevenson , in his Shop , July 9 . Guilty 4 s. 10 d.

[Transportation. See summary.]

69. James Hammond , was indicted for stealing twelve Bushels of Oats , the Goods of Matth.ew Boughton , September 12 . Guilty .

[Transportation. See summary.]

70. Martha Gibbons , was indicted for stealing a Petticoat, a Sheet, a Stew-pan, and a Tea-kettle , the Goods of Susan Haydon , November 9 . Acquitted .

71. Robert Griffith , was indicted for privately stealing a Handkerchief from a Person unknown , July 4 . No Evidence. Acquitted .

72. Ruth Reynolds , was indicted for stealing a Petticoat, seven Caps, and twenty Shillings , the Goods and Money of Nicholas Graves , July 13 .

73. Ann Thorn , was indicted for stealing three Plates and a Knife , the Goods of the , August 14 . Guilty .

[Transportation. See summary.]

74, 75. John Sheppard , was indicted with Archibald Campbell , not yet taken, for privately stealing a Wooden Drawer, and fourteen Shillings, the Goods and Mony of Elizabeth Ridley , in her Shop , July 25 . Guilty of Felony.

[Transportation. See summary.]

76, 77. Mary Brown , and Elizabeth Rock , were indicted for stealing one Sheet , the Property of Humphrey Coley , August 1 . Acquitted .

78. Joanna Andrews , was indicted for stealing a Shirt, the Property of George Bishop ; and two Aprons, the Goods of Prudence Bishop , August 25 . Guilty .

[Transportation. See summary.]

79. , was indicted for stealing a Gown and two Aprons , the Goods of Alice Draper , August 29 . Guilty .

[Transportation. See summary.]

80, 81. Ann Hains , and Elizabeth Bolton alias Smith alias Hall , were indicted for stealing a Cloth Coat, value thirty Shillings, a Wastecoat, value eighteen Shillings, and a pair of Breeches value twelve Shillings, the Goods of Francis Dawson , in his House , June 23 . Bolton acquitted , and Hains guilty to the value of thirty nine Shillings .

[Transportation. See summary.]

82. was indicted for stealing a Promissory Note, signed by William Yates , and dated February 5, 1734, value twenty one Pound ten Shillings, by which Note the said Yates promised to pay to James Steward or Order twenty one Pound ten Shillings six Weeks after date; the said Note being the Property of Richard Jones , and being due and unsatisfied to him when it was stolen , March 27 .

James Steward deposed, that he received the Note from William Yates for Malt, and indors'd it to Richard Jones , who applied to Yates for the Mony, which not being paid he returned it to this Evidence, who thereupon arrested Yates, and he sent for this Evidence, who went and found him in Company with Spence the Officer, and the Prisoner. They proposed that Yates and the Prisoner should give the Evidence a joint Note, and that the old Note should be cancelled. The new Note was drawn and signed by them both: But the Prisoner having got the first Note into his Possession, would not cancel it, but it was paid away to one Cook, who arrested this Evidence for the Mony. This Evidence was farther informed that the said Note likewise was paid to one Mabson a Distiller.

There not being sufficient Proof that the Note was feloniously taken, the Jury acquitted the Prisoner.

83. Charles Conyer otherwise Connor , of Shoreditch , Sawyer , was indicted for the Murder of Isabel his Wife , by giving her with both his Fists, and with a Shoe, several Mortal Bruises on the Head, Breast, and Stomach, August 31 , of which Bruises she languished till the first of September, and then died .

He was a second time indicted on the Coroners Inquisition for Manslaughter.

Elizabeth Williams deposed, that she saw the Deceased on the thirty first of August, between ten and eleven in the Morning; and that the Deceased was then in perfect health; but that this Witness know of no Quarrel between the Deceased and the Prisoner.

Brudenell Exton deposed, that about nine o'Clock on Sunday Night, August 31. the Prisoner's Mother came to his Master (an Apothecary)'s Shop, and said, that her Son had beat his Wife. That he went to visit the Deceased, and found her weak and languishing. He asked her if her Husband had struck her? she said, yes. And where was the chief Blow? she answered, in the Pit of her Stomach. That he perceived no Bruise that Night. That he bled her, That he went again between nine and ten the next Morning, when she complained that nothing would stay in her Stomach. At three in the Afternoon she had cold clammy Sweats, complained of her Head, and that sue was sore within - that she died about ten that Night - That on Friday he saw her Body before she was buried, and observed a large Contusion on her Left side as broad as his Hand. Being asked if he thought that Contusion might be the cause of her Death. He answered, if she was well before, it was suspicious, for by the communication it had with her Stomach, it might be the occasion of her vomiting - . That that Contusion might not be perceived after had been buried.

Mr. Middleton the Surgeon deposed, that after the Deceased had been interred a Week, she was taken up again, and he open d her Body. That the Coroner's Jury suspecting a Fracture in her Skull, he opened the Scalp, but found nothing like it - That in opening the Abdomen, he found the Intestines were inflamed.

Mr. Lewis deposed, that he being in the Garden, he heard the Deceas'd squall out, and say, that he should not kill the Child if he killed her - But that he did not hear any Blows, nor any Cry of Murder - That she had then lain in about eleven Weeks - That he had often heard her cry out before that time.

Sarah Simcocks deposed, that on the Tuesday after the Deceased died, she laid her in the Coffin, and found several Black and Blue Marks, one on her Temples near her Eye, another on her Forehead, one on her Shoulder, one under her Left Arm, and another as big as half a Crown under her Left Breast, and several down her Arms.

Elizabeth Ash deposed, that as she stood at the Prisoner's Door, he and his Wife being in the Ground Room, she heard her call him Dog, and Son of a Bitch, and bid him Murder her and the Child at once, and be hanged for them both. That then this Evidence went in and desired him to be easy, and come away. That one Mr. Powel came in, and took the Prisoner out with him. That the Prisoner threatned to Sclat his Wive's Brains out with a Board, but he did not strike her.

The Prisoner said in his Defence, that at about five o'Clock as he was going out to a Sawyer's Burial, his Wife desired him to correct his Son, who is about six Years old, for calling her Bitch. That thereupon he catched up a Shoe and struck at him, but she got between and so might receive a Blow on her Shoulder. That then he took a Cat-of-nine-tails to beat him, but she still endeavouring to save the Boy, might accidentally get several Blows on her Arm. That on the Monday following he went to work at Mile-End, but hearing that his Wife was ill, he went home and sent for a Pint of Wine; she drank to him, and said she was sorry the Neighbours should reflect on him as to his beating of her, and should they bring him into any trouble about it, she should not rest in her Grave.

The Prisoner's Mother deposed, that she did not see the Prisoner beat the Deceased; but that about five or six in the Afternoon, the Deceased sent for her, and said Mother, I am very bad in my Bowels, I wish you would get something hot for me; but she did not complain that he had beat her; nor did this Evidence tell the Apothecary's Man that her Son had beat his Wife; but only said that that they had had Words.

Susan Blissard , deposed, that between ten and eleven on Monday Morning, when the Apothecary was there, they turned down the Cloaths and saw that her Arms were black and blue with the Blows her Husband had given her with the Cat-of-nine-tails. But excepting that thing, he had a very honest Character in the Neighbourhood, and behaved very well.

Elizabeth Williams , a Midwife, farther deposed, the Deceased was delivered on a Monday Evening between six and seven. That on the Thursday following, she washed her Weeks Clothes, and was well till Saturday, when the Prisoner came home and surprised her - She did not say that he struck her, but that he frighted and surprised her, so that she was taken ill and continued so for a Fortnight. That she cried, and said, My Husband thinks I sham Sick - I asked him to give me a little small Beer, and he swore Water was too good; and then I asked him for a little Water, which he gave me, and I drank plentifully.

Elizabeth Ash again deposed, that the Deceased in the second Week of her lying in complained that she was very ill, and said that the Prisoner asked her how she thought he could maintain her and her four Children.

The Prisoner said that the Surprize the Midwife spoke of, was by telling the Deceased that there was a Fire in the White-Lyon-Yard.

The Jury found him Guilty . Death .

84. Jacob Parker , was indicted for the Murder of James Purser by wilfully, maliciously, and violently striking him on the Fore-part of his Head with a Broom Stick, and thereby giving him one Mortal Wound and Bruise, July 7 , of which he languished till the twelfth of the same Month, and then died .

He was a second time indicted on the Coroner's Inquisition for Man slaughter.

Joseph Darby . About ten of the Clock on Monday Night, the seventh of July, the Prisoner came in, and went up Stairs, and being at the Head of the one pair of Stairs, he called to the Deceased's Daughter, who was below, and asked her about a Cane: she telling him that she knew nothing of it, he threatned to knock her Brains out: Upon which I heard the Deceased, who was a lame old Man, come down from the two pair of Stairs Floor. I was desired to go up, which I did, and somebody followed me with a Light: I saw the Prisoner standing with a Cane in one Hand, and a Broomstick in the other, and the Deceased leaning on his Crutch, with nothing upon him but his Shirt, and night Cap. I advised the Deceased to go up to Bed again; I had hardly spoke, when the Prisoner put out the Candle, and immediately I heard a violent Blow struck, and felt the Blood run down my Arm. Another Candle was presently brought, and the Prisoner then had the Broomstick in his Hand, and it was bloody at the biggest end. I heard no provoking Words from the Deceased, and it was impossible that he should give any Blows, because he could not stand without his Crutch.

Mary Lamb . I live below Stairs in the same House; about three Months before this Misfortune, the Prisoner had like to have killed the Deceased, by striking him with his Cane, for which Reason the Deceased's Daughter took that Cane and hid it - So on the seventh of July, about ten at Night the Prisoner came in, and went up one pair of Stairs, and then called to Sally, (the Deceased's Daughter) and told her he would have this Cane: She said it had done Mischief enough already, and therefore it was put out of the way. Ye little Bitch, says he, I will knock your Brains out if you speak another Word. Thereupon the Deceased got out of Bed and went down and I went with a Candle, but my Candle was knocked out, and a Blow was given. And just as the Deceased's Wife came with another Candle, the Prisoner, lifted up this Broomstick, which he held in both his Hands thus, and was going to strike the Deceased another Blow. Ye Villain, said I, will you strike the poor old Man again, and with that I went to catch hold of the Broomstick, and received such a Blow on my Arm, that I carried the Mark of it for two Weeks. Here is the Broomstick, and here you may see the Blood upon it still.

Sarah Purser , the Widow of the Deceased. The Prisoner came in with a little piece of Candle in his Fingers. I was then going up, and he going up too, would have taken the Wall of me, which I refusing he called me Names: when he got to the Stair's Head, he and my Daughter had some Words: Ye tallow Face Bitch, says he, do you chatter? I will knock your Brains out. I heard my Husband get out of Bed, and open his Chamber Door. I went up soon after, and found him all in a gore of Blood, upon which I struck the Prisoner with a fire Shovel, and then I got my Husband to bed. He was lame, and sixty three Years of Age. Next Morning, which was Tuesday, he went before Justice Chamberlain, who bound the Prisoner over for an Assault, we not then thinking the Wound was mortal. On Wednesday, about five in the Morning, my Husband went to his Work, (he was a Weaver by Trade) but he returned and complained of such a violent Pain in his Head, where the Wound was, that if he could not get safe, he should run mad. On Thursday I had Mr. Fremoult the Surgeon, who said, he believed the Wound was not mortal, and so advised me to get him some Sage Tea, and to lay on a Blister. But from that time, my Husband frequently clapped his Hand to his Head and cryed, Sarah, for God's sake knock my Brains out.

Sarah Purser the Deceased's Daughter. The Prisoner came in with a bit of Candle, he wanted to take the Wall of my Mother, she refused, he called her Bitch and went up, and then called her a great many Bitches: Ye are an old Rogue, says I, to call my Mother Bitch. Ye little Tallow Fac'd Bitch, says he, if you chatter, I will knock your Brains out. My Father coming out at his Door, the Prisoner cryed, come out you old Rogue, for I am ready for ye. Hearing this, I desired Mr. Darby to go up, which he did, and in a little time I followed him, and saw my Father all bloody.

Isaac Batson . Going cross the Yard, I heard a Cry of Help for God's sake! Murder. I run up, and then found the Deceased and Prisoner both bloody, and the Deceased had got hold of one end of the Prisoner's Stick, and the Prisoner had hold of the other end, but I got it from the Prisoner.

Mr. Hall. Three Months before this last Accident, hearing Murder cry'd in the Deceased's Room, I run in and saw the Prisoner striking him on the Head with this Cane, and the Deceased then standing by a Window which he leaned on (for without something to lean on he could not stand) he gave the Prisoner a Blow on the Hand with his Crutch, and wounded his Finger. I asked the Prisoner what he meant by abusing the old Man. Damn him an old son of a Bitch, says he, I will murder him.

Prisoner I was going up with a bit of Candle, but this Woman and her Daughter crouded up the Stairs so that I could hardly get along. I think you are bewitched, says I, to stop the Passage up. Upon that the Mother and Daughter began to call me rotten old Dog, and stinking Rogue, and so I swore at the Girl, and said, Ye little Toad I will knock your Brains out. Then the Deceased came to the Stair's Head, and said, Whose Brains will you knock out? Your insolent Daughter's, says I, and with that he up with his Crutch and broke my Head - He had served me so twice before - I did not strike him with the Broom Stick, but with my Cane, and then his Daughter fell on me with a Candle-stick, and his Wife with a Fire-shovel.

Joseph Darby , again. I went up, and the Prisoner put the Candle out before any Blow was struck. and in two Minutes another Candle was brought; the Deceased was then bloody, but the Prisoner was not, and there was Blood on the Prisoner's Broomstick, but none on his Cane.

The Jury found him Guilty of Manslaughter .

[Branding. See summary.]

85. Charles Macdonagh , alias Macdaniel , was indicted last Sessions with Thomas Mac Cray since executed) and Peter Senhouse (not then taken) for stealing a Promissory Note, dated November 16, 1734, for sixty five Pounds, payable three Months after Date, the Property of Andrew Boyle , May the twenty eighth .

Andrew Boyle . I had a Note dated November 16, 1734, for sixty five Pound, indors'd to John George , and John George indors'd it to me. I wanted to have it discounted, and spoke to two or three of my Acquaintance, but they refused: at last one Lawler told me he knew a Man that would do it. So we went at five in the Evening to meet this Man at the Hare and Hound in Peter Street near Clare Market. At seven one Geheogan an Attorney came and took the Heads of the Note. and my Name Andrew Boyle , Taylor in Drury Lane, and then said he knew two Men who discounted Notes, but one of them never lent less than one hundred Pound, and the other no more than fifty. However he would try what he could do with them, and then appointed me to come to the same House at five the next Evening. I went accordingly, and met Lawler, who told me the Mony was ready, and so took me to the Thatched House in Butcher's Lane, where I saw O Brian an Attorney sitting by the Fire. Presently in came Mac Cray and the Prisoner. I had never seen Mac Cray but once before, and that was by accidentally being at a House where he was drinking. He was O Brian's Clerk. As soon as he came in, he took me by the Hand, and was so mighty glad to see me that nothing could be like it. He pulled out a handful of Gold and Silver, and asked me if I wanted any Mony. I told him I only wanted a Note of sixty five Pounds to be discounted. O says he, I will do that for you in five Minutes. So he took me to the Door, and called a Coach, and he and I and the Prisoner went in, and Mac Cray bid the Coachman drive to Mr. Heath's, a Tavern in Spring Garden. When we came there, he asked who was in the Parlor. He was answered, Mr. Heath with some Company. Then we went up Stairs, where they shewed me some Pictures to amuse me, and said, why do you keep Company with such low lifed Fellows? See what a House we bring ye to ! In a little time the Drawer came and said there was now Room in the Back Parlor. So we went in there, and they told me Heath should discount the Note. Heath came in and talked of Horse Races and went out again. We knocked, and Peter Senhouse the Drawer came. I gave the Note to Mac Cray, who gave it to Senhouse. They brought Pen and Ink and bid me indorse it, which I did. Mac Cray asked me if any body thereabouts knew the Hands of the other Indorsers. I said, yes, a Gentleman in the Neighbourhood. Mac Cray took the Note, and said he would go and enquire. He went out, and coming back he told the Prisoner that the Gentleman's Footmen were sawcy Fellows. Upon which the Prisoner pretended to be in a violent Passion, snatched the Note out of my Hand in a hurry, and said, D - the insolent Rascals! I will have them turned out of their Places. And then he went out, and returning to me he said the Note was very good and I should have my Mony in two or three Days. I insisted upon having my Note again, but the Prisoner went away. Mac Cray turned me out at the Back Door, and carried me to the George Tavern in Spring Gardens, and from thence he took me in a Coach a second time to Florence Maccartey 's, at the Hare and Hound in Peter Street, and from thence to Mr. Mac Kelly's at the King's Arms Tavern in Wild Street.

Prisoner. It's surprising you should go to all these Places, and not complain to any of the Company where you went.

Boyle. I knew not what to do, nor how to get my Note again, and then I had been drinking. We had Punch at Heath's, where Mac Cray filled me brimming Glasses, and swore by G - I should drink them off. And at the George Tavern we had a Pint of Wine. So that I was drunk when I came the second time to the Hound and Hare. And besides, Mac Cray all along amused me with one pretence or other, and told me if I would but be easy and meet him the next Morning, I should certainly have the Mony. But instead of that, I have been sued for this Note; I have had thirty seven Actions brought against me on account of this Note, and another which was forged for forty eight Pound. It has cost me above two hundred Pound, and has been the ruin of me.

Florence Maccartey . On the twenty eighth of November last, between nine and ten at Night, the Prosecutor and Mac Cray came to my House by Clare Market in a Coach. The Prosecutor was drunk, and Mac Cray would have some Punch. I refused to let him, but he would have an eighteen-penny Tiff, and so at last I made it. When that was out he would have had another, but I was resolved to make no more. They staid about two Hours, and at going away, I advised Mac Cray to take care of his Friend the Prosecutor, and see him safe Home. No, says Mac Cray, I will make a hundred Pounds of him before to-morrow Morning.

Mr. Kelly. Between eleven and twelve at Night, the Prosecutor and Mac Cray knocked at my Door, the King's Arms in Wild Street, and wanted a Bottle of Wine. I told the Prosecutor he was drunk and had better go home. However, they came in, and then I went to Bed - I think Mac Cray was not drunk.

Mr. Kelly's Drawer. They had a Bottle of Wine, and then called for the Reckoning; the Prosecutor put his Hand in his Pocket, and said, By G - I have no Money, and then Mac Cray gave a six and thirty Shilling Piece to change.

Mr. Clendon. I have heard the Prisoner say that he never had but twenty Pound for the Note, and that was from one Wreathock an Attorney in Hatton Garden.

The Prisoner's Defence.

Thomas Heath , I keep the Wine Cellar under the Chappel in Spring Gardens, but I live in a House next Door. Gray (Mac Cray) brought Boyle to me to have a Note discounted, but I could not do it, and so Boyle had his Note again.

Prisoner. Was not Boyle at your House the next Day?

Boyle. Yes, I was there, and they made me pay Four Shillings for my Dinner, though I was so vext that I could hardly eat any thing. I saw the Prisoner there, and I asked him for my Note or the Money, but he said Mac Cray had got the Note. I staid there till the Evening, and then Mr. Heath told us that Mac Cray and the Prisoner were two notorious Rogues, and vile Villains.

Heath. I did not say vile Villains, for I do not love Law Suits; but being told that the Note was not taken away, but that it was given to be discounted, I thereupon said, they were got into bad Hands - Meaning Mac Cray and the Prisoner?

Heath. No, meaning only Mac Cray, for Boyle said that Tom Gray (Mac Cray) had got the Note.

Boyle. I said no such thing.

William Bowyer . I went to Mr. Heath's about eleven in the Morning, and there I saw Boyle, and afterwards the Prisoner came down, and Boyle told him that he waited for Mac Cray to whom he had given a Note the last Night. But he did not say a Syllable of the Prisoner's having the Note.

Boyle. I am positive that this Man was not there, for there was no such Person in the Company, and I never saw this Man before Yesterday.

Heath. Bowyer was there, and drank with Boyle, and they afterwards dined together with other Company.

Heath and Bower were put out of Court - Now Boyle, what had you for Dinner that Day?

Boyle. A Leg of Mutton boil'd, but it was half raw, and when the out-side was cut off, we broil'd some of the rest.

How many might there be in Company?

Boyle. Five or six. It was but a little Room, and they pretty well filled it. I scolded and made a Noise about my Note, and there was one Bradshaw a lusty Man, who said if I would give them an eighteen-penny Tiff of Punch, they would help me to my Note again - The Prisoner came in about two of the Clock, and I insisted upon his giving me the Note, but he said Mac Cray had it.

Now call in Bowyer - Here Bowyer ! What had you for Dinner that Day?

Bowyer. I cannot say what; for I dined there two or three Days in a Weeks, and this was four or five Months ago. We pay nothing for eating, but each Man pays for a Bottle of Wine.

- What Day of the Week or Month was it?

Bowyer. I cannot pretend to remember the Day, nor what Discourse happened.

- Not remember what Discourse? And yet you have been very particular as to what Boyle said.

Bowyer. I am sure of this, that he did not speak to the Prisoner.

- You swore otherwise just now.

Bowyer. But I mean he did not say a Word to him as to charging him with having the Note.

- What is the Prisoner's Character?

Bowyer. I never heard any harm of him, but that he was a Split-cause Lawyer.

- Call in Heath - Do you remember what you had for Dinner that Day?

Heath. I cannot say that I do.

- Or what Day of the Week or Month it was?

Heath. No, for I do not set down a Minute of every thing.

Joseph Osgood . I have heard both Bowyer and Heath say, that three were not two greater Rogues living than Mac Cray and the Prisoner.

Prisoner. Pray ask him if he has not had Malice prepense against me for these three Years?

Osgood. No other than what I have had to any other Person of such a Character - I had no private personal Malice.

Prisoner. He and I have Horse-whipped one another, and I threw Water in his Face.

Osgood. Mac Cray indicted two innocent Women for a Robbery * I was concerned on their part, though what I did, was at my own Expence, I went to a House where the Prisoner and one Driscol where, to give notice for Mac Cray to attend the Tryal. The Prisoner and Driscol quarrelling, the Prisoner threw Water at him, and part of it fell on me.

* Margaret and Hester Hobbs , who were tried in December last. Sessions Paper Number 1. Page 16.

The Jury found the Prisoner Guilty .

[Transportation. See summary.]

86. William Phillips. alias Clark , was indicted for stealing a grey Gelding, value fifteen Pound , the Property of John Winter , August 19 .

John Winter . I came with my Coach from Tunbridge, on Tuesday the nineteenth of August, and came over London Bridge about seven at Night. I had ryed this Horse behind the Coach with two Ropes, and between Cannonstreet and Watlingstreet , a Boy called to me, and said, a Man had cut the Horse loose and rid off. I got down and went in pursuit of the Man, as far as Cheapside, but not finding him, I returned. The Boy told me his own Name, and where he lived. I advertised the Horse, and dispersed a hundred printed Bills among the Inn-keepers. Going afterwards to the Talbot Inn my Landlord told me that such a Horse as mine, was left at Mr Havards, at the White Horse in little Wild Street. I went thither, and found the Horse to be mine. I advised the Landlord to stop the Person who came for the Horse. And accordingly the Prisoner was taken the next Evening.

James Howard . The Woman that keeps the Swan and Horse-shoe, in great Wild street came for the Horse. So I spoke to a Constable, to attend at a little Distance, and then I went with the Horse to the Swan and Horseshoe, where I found the Prisoner, and gave him my Bill, which came to ten Shillings for eight Nights: He said his Name was Phillips, and bid me write a Receipt, which I did, and he paid me, and was going to take the Horse; but seeing the Constable, he run out at the back Door, we cryed out stop Thief, and he was taken by a Soldier.

Benjamin Scotney , a Soldier, I seized the Prisoner by the Collar: He had a Cutlace in one Hand, and a Pistol in the other, he struck at me with his Cutlace and cut off the end of my Finger, and then flashed his Pistol, but it did not go off. This was confirmed by the Constable.

Thomas Leach , a Boy sixteen Years old. My Master sent me from the Burrough to carry a pair of Breeches into the Strand. I got behind this Coach upon the Bridge. The Prisoner came and stroaked the Horse under the Belly, and then went off towards the Houses, and so he did several times, and at last asked me if that was my Master's Horse, I said no. I got down by Dutton Stone, and followed the Coach, and then I saw the Prisoner get on the Horse's back. I asked him what he was going to do; he called me Names, and then I see him lean forward with something bright in his Hand, and presently the Horse was loose, and he rid away full speed the contrary way the Coach was going: I saw him by the light of the Lamps. I called to the Coachman a good while before I could make him stop - I went to see the Prisoner in the Gate-house, where he was sitting with seven or eight more, and as soon as he went out, I said that was the Man.

Prisoner, There were but two besides me and the Justice, and I was in Fetters.

John Winter . There was the Justice and two more, and I and my Brother, and the Prisoner.

Prisoner. But you and your Brother went in with the Boy.

Winter's Brother. We did but the Boy did not know me.

Silver Crispin . I was at the taking of the Prisoner, and saw him snap the Pistol at the Soldier. I searched him and found another Pistol in his Pocket, and when he came before the Justice, hearing that he was one of Mac Cray's Accomplices, I searched him again, and felt something soft without side; but before I could get at it, he had removed it, and I found in the place where he sat, this Crape and three Bullets wrapt up in a piece of Paper.

The Prisoner's Defence.

Prisoner. I can prove that I was at home when the Horse was stole.

John Morgan . I am a Taylor, and worked: for the Prisoner all that Week, that the Men were hanged at Kennington, except the Day they were hanged, which was Thursday, for then I made a Holiday, to see the Execution. We had a Roquelaur to make for Dr. Harris, and on Tuesday Morning the Doctor called to see if it was done.

Dr. Harris. I called there one Mornnig, but the Prisoner was not there then.

Morgan. Very true, my Master was out that Morning, but my Master came home about three in the Afternoon, and I told him the Doctor had been there, and wanted his Roquelaur, and thereupon my Master sat down himself, to help finish it: And he worked with us till nine a Clock at Night.

Hugh Hart , another Taylor, deposed to the same purpose.

Mary Gibson . The Prisoner employed a great many Men, and behaved himself handsomely, so far as I know - Two of his Men lodged at my House; and last Tuesday Night was three Weeks, between ten and eleven, I went to see why my Lodgers staid so late, and the Prisoner came to the Door himself, and let me in - I remember it was Tuesday, because the next Day, we heard the Prisoners had attempted to break out of the New Goal.

Laurence Benson . On the Tuesday before the Men were hanged at Kennington, four Men came to my Mistresses House, the Swan and Horseshoe Tavern in Wildstreet, about ten at Night; one of them had a Horse, which he twisted to the Post as the Door, they had two three Shilling Bowls of Punch. When they were going they asked for a Porter to carry the Horse to a Stable. A Porter came, and I sent him with the Horse to the Black Horse in Little Wild Street. On the Friday following they came again, and the Prisoner came in at the same time. They sat down together, and called for a Pen and Ink, and I heard one of them say, a Guinea and a half, and the Prisoner answered, I will give a Guinea. And then I went to fetch the Horse.

Prisoner. I happened to be drinking at that House, and these Men were talking about a Horse, and I wanting to hire a Horse for a Month, I bid them a Guinea, and asked the Girl where the Horse was.

Constable. The Girl is a common Street-walker, she does not live at a Tavern, but a Brandy-shop.

John Winter . It was not she that came for the Horse, but her Mistress; and my House is not the Black Horse but the White Horse.

Then the Prisoner called several to his Character.

They deposed that he behaved civilly in the Neighbourhood, and they had no Suspicion of him till the time Mac Cray came to lodge with him. After which, it was reported that he used to ride out, and he had been seen coming home booted and spurred between one and two in the Morning.

Prisoner. It is hard I should suffer because Mac Cray happened to lodge in my House, and because I worked for him. As for my having Arms, I was going into the Country to receive fourteen Pound. And as for my running away from the Constable, I thought he had been a Bailiff, and I being in debt, was afraid of being arrested.

The Jury found him Guilty . Death .

87, 88. Mary Holmes , was indicted with Elizabeth Jenkins , not yet taken, for stealing a Blanket, a Towel a Box-Iron, and two Heaters , the Goods of George Salmon , November 9 . Guilty 10 d.

[Transportation. See summary.]

89. James Tomlinson , was indicted for stealing a Silver Pint Mug , the Goods of Francis Waters , July 4 .

The Prisoner had been drinking at the Prosecutor's House, and after he was gone, the Mug was mist. But it appearing that he was a Man of a very good Character, the Jury acquitted him.

90. Edward Birch , was indicted for assaulting Ann Gowen on the Highway, and robbing her of eight Shillings , July 10 .

Ann Gowen. I had parted with my Friend, and was going home about three o'Clock in the Morning, when the Prisoner took hold of me at the Corner of Russel Street by Drury Lane, and said, Ye Bitch, give me a Dram of Mexico. I told him I had not a Half-penny in the World, or else I would. Ye lye, ye Bitch, says he, You have been smaxing the Cole. I asked him what he meant by that. He said he would soon make me know what he meant, and so he laid fast hold on me, and put his Hand in my Pocket and took out eight Shillings and a Knife and a pair of Garters. He slung the Garters at me, upon which I looked hard at him and then I knew him, whereof I says to him, I beg you will take this Knife and grind it, and I will call for it to morrow. So I went home to my Landlady, and told her I was quite undone, for the Man that kept the Grinder's Shop in Clare Market, had robbed me. Well says she, be easy may be the Man was in Liquor, and he will give it you again. So I went to his House, but he used me very grosly, and threatned to send me over the Water.

Juryman. How came you to be out so late?

Ann Gowen . I had been taking leave of my Brother, and he see me most of my way home and left me at the end of Princes street - I went to the Prisoner again, and told him I had got a Warrant, and would certainly serve it, if he did not give me my Money: I kept the Warrant two Days, and then I took him in his own Shop.

- Did you cry out when you were rob'd?

A. Gowen. No, for I saw nobody to Subsist me. But there was another Man stood by the Prisoner when he robbed me; and he said to the Prisoner: If you do not give her the Money again, we are undone, for she knows ye.

- Did you ever offer four or five Guineas to any one to assist you in this Prosecution?

A. Gowen. No.

Prisoner. Have you never been in Bridewell?

A. Gowen. Never but three times. I was an unfortunate Woman, and was drawn away by a Man, that I lived with four Years, and then I rioted him, and so I was sent to Bridewell the first time: Then I got a Cut on my Arm, and so I was sent the second time: And the third time was, when a Gentleman said, I had been vile with a Man.

Mary Frost . I keep a little shed at the corner of Covent Garden, and sell small Beer and Coffee, and a Dram for the Market People. I go to Bed at nine or ten, and get up at two or three - And to about three o'Clock this Nan Gowen came to me crying, and said, her Friend had given her a small parcel of Mony, and a Man had taken it from her, but she knew where he lived. I bid her go and see if he would not return it; and she went, but came back again, and said, he bid her be gone about her business. So at last he was carried before a Justice, and while we were at the Justice's House, but before we went into the Room where the Justice was, I heard her say to the Prisoner, Are not you the Man that took my Money? And he answered, Yes, I am, and I own it was a great Fault. My Husband and this Man heard the same. Then when we went in before the Justice, she charged him with robbing her, but he denied it.

- Did you tell the Justice that he had owned it in your hearing?

M. Frost. No.

- How happened that?

M. Frost. Neither I nor my Husband went in with them before the Justice.

- How then do you know what he or she said before the Justice?

M. Frost. Why at first we all went in, and she said to the Justice this is the Man, and then the Prisoner took her aside, and said, For God's Sake my Dear make it up. And she said, are not you the Man that took my Mony? And he answered, Yes, and I am sorry for it. And I begged of her for Christ's Sake not to swear it upon the poor Man, if she was not very sure that he was the Person.

- It seems she was very willing to have made it up before, therefore how came it about that she did not agree to it when he offer'd it?

M. Frost. Why the Justice called out and said, What? Are you going to compound Felony in my Presence? And so they went in again the second time, and it was then that I went away.

- Do you consider that you are upon your Oath, and that the Man's Life is at Stake?

M. Frost. His Life! God forbid it should touch his Life! if I thought so I should never forgive my self.

Juryman. Did Gowen lodge in your House?

M. Frost. Not before the Prosecution.

Juryman. What is her Character?

M. Frost. A Woman of the Town - I will not wrong my Conscience.

Wiliam Frost. I went with them before the Justice. The Prisoner pulled me out of the Justice's Hall into the Passage next the Street, and begged of me to persuade her not to prosecute.

- Where was the Constable then?

W. Frost. In the Hall with the Justice.

- Who had the Prisoner in Custody?

W. Frost. The Maid stood at the Door.

- What did both the Justice and Constable take no more care of a Man who was charged with a Robbery? Did Ann Gowen say any thing to the Prisoner, or he to her in the Entry?

W. Frost No, this was all that was said while I was there. He brought two Men, one Mr. Izzard, and John Uffard to speak in his praise, but the Justice turned Uffard out of Doors.

Juryman. Did this Woman lodge in your House?

W. Frost. Yes, she had lodged in my Cave about a Fortnight before this happened, but she made her Bed on the hard Boards.

Juryman. What's her Character?

W. Frost. I have heard she has been in Bridewell, and she goes for a loose Woman, that's all. As the Prisoner was going to the Gate-house, he took me aside, and said, I will make you satisfaction if you will get her to go into the Country, and not prosecute, for it would not vex me, but that she is such a Vagabond.

The Prisoner's Defence.

William Cross , Senior. On Friday was sen-night, I asked Ann Gowen if she proceeded against the Prisoner. Yes, by G - will I, says she. I asked her if she had got any Witnesses; she said she had five, William Frost and his Wife, and Wills the Brandy Man, Beard the Constable, and a Woman; and if I would come in, she would tip me four or five Guineas. I told her if she had five Witnesses already, there would be no need of me. But she said she wanted one thing to be sworn - that I should give her the Character of an honest pains taking Woman, and that I saw her Brother give her eight Shillings, and saw the Prisoner rob her of it. And if you will but do this, says she, when we have got the Reward we will snack the Cole between us, and bite all the rest - I have known her two Years to be a loose Vagabond, and I believe she was never Mistress of eight Shillings, without she picked a Man's Pocket for it.

Alice Cross , and William Cross , Junior, deposed to the same effect.

Ann Gowen . I have another Witness - Edward Wall - pray call Edward Wall.

Edward Wall . I know Ann Gowen to be a vile common Woman - She and Frost fell out lately about a Bit of Salmon. Gowen threw the Salmon down, and said, D - your Blood! I won't be kept under any longer, for by G - I half damn'd my Soul for you already, in swearing that I had the Mony of my Brother, when D - me I had it of a Cull - They often quarrelled about the Reward. Frost had trusted her four or five Pound, and said he should be undone if the Reward was lost - She told me she had got a Friend that would swear any thing, that his Name was William Cross , and that I and William Frost should go and talk with him. So we went, but she went up first by her self, and when she came down, Frost and I went up, and I asked Cross, if he had any thing to say. He told me that what he had to say, he would say before a Judge. When we came down again, Frost said to me. I don't much like this Man. O says, Nan Gowen, we have laid the Scheme between us. He is to swear that he came to the Queen's Head in Baldwin's Gardens, and there he saw me and a young Man; and that he said to me, How do you do Mrs. Hunter; who is this Man that is so much like you? Is it your Brother? and that I said, Yes: And that then he saw my Brother give me eight Shillings.

The Jury acquitted the Prisoner. The Court ordered Ann Gowen , William Frost and his Wife to be taken into Custody for Perjury.

91. Thomas Edwards , was indicted for stealing a Grey Mare, value 7 l. the Property of Roger Hook , July 19 . Acquitted .

92. Elizabeth Cryer , was indicted for stealing a Sheet , the Goods of Arthur Turner , June 23 . Acquitted .

93. Mary Poet , was indicted for stealing a Pinner, a Cap, an Apron, a Shirt, a Handkerchief, fifteen Yards of Callimanco, and a Silver Two-pence , the Goods and Mony of John Bean , May 12 . Acquitted .

94. Elizabeth Paget , was indicted for stealing a Gown, a Handkerchief, a Pocket, and 4 s. 6 d. the Goods and Money of Robert Bowyer , July 20 . Acquitted .

95, 96. William Hicks , and Susan Hicks , his Wife , was indicted for stealing two Bedsteads, two Blankets, a Mattrass, and a Butt of Beer , the Goods of Margaret Hutchins , July 3 . Acquitted .

97, 98. William March , and Margaret March , his Wife , was indicted for stealing a Hamper and forty six Fowls , the Goods of Thomas Abigail , July 5 . Acquitted .

99, 100. John Root , was indicted with William Davis , since dead in Newgate, for assaulting James Brant , on the Highway, and robbing him of eight Shillings , July 10 .

James Brant . On the tenth of July between eleven and twelve at Night, as I was going home, towards Uxbridge, in the Road, hard by Windmill Lane in Norwood Parish , I saw the Prisoner and William Davis on the other side of the Road. They asked who was there. I answered, Here is one, and I had no sooner spoke, than they bid me stand. I told them I was but a poor old Man. But the Prisoner pulled out a Pistol, and said, Deliver your Money, or you are a dead Man. So they took eight Shillings from me; and I went and told my Family how I had been robbed. I did not know them Men when I saw them first, but I knew them both before they left me. I knew the Prisoner was a Glazier , and where he lived. And so on Sunday Morning I sent four Men to lay hold on them.

The Prisoner's Defence.

Mrs. Scot. Moses Ditch and another came to my House, and enquired if my Husband was Headborough. I asked them what they wanted. They said they were going to take the Prisoner for robbing the old Cobler at Hanwell. As the Prisoner bore an honest Character, I gave him notice of this; but said, as he knew himself to be innocent, he had no occasion to keep out of the way.

Mr. Loveday. I keep the Golden Lyon at Kew Green. The Prisoner worked at Haymaking for Mr. Downs. On the tenth of July he came home at six in the Evening, sat up 'till past ten, and then went to bed, and another Man lay with him.

Thomas Jones . I was in Company with him at Mr. Loveday's from six to past ten, and then went to bed with him, and he was not out of the House all night. I believe him to be a very honest labouring Man. And William Davis , who was taken on the same Account, and is since dead in Newgate, had likewise the same Character.

Robert Palmer . I lodge at Loveday's. The Prisoner was there in my Company from six to half an Hour past ten, and then he went to bed.

The Jury acquitted the Prisoner.

101, 102. James Farrel and Charles Hooper , were indicted for assaulting John Wood , in a Field near the Highway, and robbing him of a Hat and Wig, a pair of Shoe Buckles, and a Knee Buckle , July 8 .

John Wood . On Tuesday the eighth of July between three and four in the Morning, I was walking behind White Chappel Mount when Farrel (who was then in a Red Wastecoat) clapt something to my Breast, and bid me stand, and then he pulled a Crape over his Face, but I saw his Face first. There were two others with him, but their Faces were covered as soon as I saw them. Then one of those two took my Hat and Wig, and the Prisoner searched my Pockets, but finding no Money, he said, D - ye, you Dog, I have a good mind to knock your Brains out, and then took the Buckles out of my Shoes, and one of my Knee Buckles - One of the Men flash'd a Pistol. On Friday I went to Newgate, where the Prisoners were turned loose among others, and I fixt upon Farrel, but could not be so positive to the other, because I had not seen his Face before.

Edward Lawrence , Constable. Justice Lade gave me orders if I saw any loose Fellows there, to bring them before him. I knew Hooper had been in Bridewell, and on the eighth or ninth of July, about six in the Morning, being told that he and two others were seen in Mint Street with Pistols, and some Pewter Plates, I went and found them, the two Prisoners and Thomas Baugh , coming out of an Alley: I told Hooper that I had a Warrant against him for beating a Woman; by this Pretence, I got him and his two Companions, who followed him, to my House. I found a Pistol on one of them. Baugh confessed and told me, that Farrel had got the Buckles in his Pocket. As I was going with the Prisoners before Sir John Lade , Baugh being left behind, One of them said, What does Baugh stay for? Another answered, to be made a Puff, what do you think he stays for else. - Baugh made an Information of this, and six or seven other Robberies.

Thomas Baugh . About eleven o'Clock on Monday Night, the Prisoners and I went into the Fields to rob. We walked about, 'till two the next Morning, and met nobody, and so we sat down under White Chappel Mount, until Day break, and then we saw the Prosecutor, with a Woman, upon which Farrel said, let us go up - Here is a Chance - You are not afraid Tom? And then he gave me a Pistol: Hooper stepped up to the Prosecutor first, and clapped a Pistol to his Mouth, and swore G - D - your Blood, I will blow your Brains out. Hooper was in a light grey Coat, and a brown Frock and a white Waistcoat. Farrel had a Red Soldier's Wastcoat (for he belongs to the third Regiment) but he had pulled the Lace off: He searched the Prosecutor, and took his Buckles, which were afterwards found upon him, and I took the Prosecutor's Hat and Wig.

Prosecutor. I never saw the Woman, he speaks of, until they came up to me, and then she stood still, and I wondered they did not rob her. As to the Man, who was then in the white Wastecoat, it was not he that came up to me first and bid me deliver; but it was Farrel, who was then in a Red Wastecoat, and the other had a Snuff coloured Coat.

Baugh. When we had robbed the Prosecutor, we went to Hockley in the Hole, where some People were moving their Goods, and the Door being left a-jar Farrell stepped in, and brought out thirteen Pewter Plates: Now, says he, we will go over the Water, and Fence them. So we went to a Shop in the Mint, to drink a Dram, and just as we came out, the Constable stopped Hooper, and asked him if he had not beat a Woman, he answered, No, there is another Charles Hooper : But says the other, it was one Charles Hooper a Duffer, and if you are not the Man, you shall have a dozen of Beer.

Richard Jones . After the Prisoners were brought to the County Goal, I found this pair of Shoe Buckles, and this odd Knee Buckle in Farrel's Pocket - Hooper afterwards confessed, that he had dropped a Pistol down the necessary House, and he desired to be made an Evidence, and said he could put two more in his Information than Baugh had named.

Baugh. Farrel told me in the New Goal, that he wanted Smacks.

Farrel called John Postern , Francis Patterson and Joseph Walker , to his Character.

They deposed, that he lived some Years in Rag Fair, and used to sell Earthen Ware about, but that they could not give any Account of his manner of Life for the last six Months, any further, than that he had inlisted himself for a Soldier .

The Jury found them both Guilty . Death .

104, John Keeble , and Ishmael Taylor , * were indicted for breaking and entring the House of William Holder , in the Night, and stealing fifteen pair of Shoes, value three Pound , May 21 . Guilty of Felony.

* In April 1733. Ishmael Taylor , was tryed with John Kemp and Samuel Elms , for two Robberies. Elms was capitally Convicted, but Kemp and Taylor were Acquitted,

[Transportation. See summary.]

105. Joseph Fryer , was indicted for assaulting a certain Man unknown, on the Highway, and robbing him of two Guineas, and fourteen Pound eighteen Shillings , March 20 . Acquitted .

106. Ann Plunket was indicted for stealing two Pound three Ounces and a half of human grey Hair, the Goods of Owen Dougharty , in the House of John Wilson . July 27 . Guilty 9 s .

[Transportation. See summary.]

106, 107. Richard Slee , and Sarah Woodcock , were indicted with James Lions , not yet taken, for breaking, and entering the House of William Branam in the Night, and stealing a half Anchor of Anniseed Water, three Coats, and a Hat, July 1 , in the Night .

The principal Evidence against the Prisoners was Mary Smith , who swore that she and the Prisoner and Lions who is gone to Ireland were all concerned in the Fact.

The Jury acquitted them.

108. Mary Dixon , Wife of Andrew Dixon , was indicted for the Murder of her Male Infant, by throwing it into a House of Office, by which means it was suffocated , August 31 .

She was a second time indicted on the Coroner's Inquisition for the said Murder.

Jasper Pain . The Prisoner and her Husband lodged at my House in Queen Street in April last. On Sunday the thirty first of August, at a Quarter past eight in the Morning, I went down to give my Cat some Victuals, but she flew down into the Cellar, and I followed her, and hearing a Noise in the Vault, I thought she was fallen in there, for I once had a Cat that met with such a mischance. I got a Candle, and looking down I saw something wabbling about, which I thought was the Cat. But my Wife coming down for some Coals, the Cat came and fondled about her, at which she screamed out and said, It is not the Cat in the Vault - I got a piece of an Iron Hoop, which I tyed to a String and put it down, and by moving it about I discovered part of a Child - We got Assistance, and broke up the Vault, put down a Ladder, and a Boy went down and brought up a Child alive; but it died at about five the same Day - I found a Stick in the Vault about seven or eight Foot long.

Phebe Webster . I went up to the Prisoner about nine o'Clock. She said the Child came from her on the Vault. I asked her how she could be so barbarous, and why she did not call for help. She answered, Because I was wicked.

William Abbot . I went up with the Prisoner's Husband, and he said to her, What a pretty piece of work you have brought upon your self and me; pray to the Lord for the life of the Child - She made no answer.

Prisoner. I was taken very ill in the Morning, and thought it had been the Gripes. I got up from my Husband and went down to the Vault, where my Senses went from me, and I did not recover my self, nor know what I did or said - I was under no Temptation of being so barbarous, for I had a good Husband who was able to maintain the Child; and I had at the same time one Child living of four Years old.

Phebe Webster . When I first went up she lay upon the Bed and I helped her into bed, and it was two Hours afterwards that I asked her how she could be so barbarous: and she answered, because she was wicked - She indeed was very weak and faint as I thought.

Mrs. Morgan. I spoke to her about nine o'Clock, she made no answer, she was seemingly very weak. But I cannot say whether she was out of her Senses or not.

Mrs. Bouffet. I went up first about nine o'Clock, when I spoke she made no answer, I drew the Curtains and I pulled her by the Arm, but could find no Sense in her; and so I called up the Midwife, and we thought she was dead.

Phebe Webster. I have known Children come away perfectly involuntary and without any Assistance. And by what I observed at the Vault, I found she might have been delivered there. and I observed no sign in any other place.

The Jury acquitted her.

109, 110. + Benjamin Brooks and Elizabeth Smith , were indicted for assaulting Mary Crone and robbing her of five Guineas and two Shillings , December 31 . Acquitted .

+ Mary Bingley alias Brooks was tried for the same Fact in February last and acquitted.

111. Phillip Brown , a Boy , was indicted for assaulting, beating and wounding Mary Gibbs , aged eleven Years, with an intent to ravish her , August 16 .

John Gibbs . The Prisoner is my Apprentice , and has served about half his time. My Wife went out and left the Child to take care of the House and three Days afterwards, I heard that he had abused her.

John Archer (aged fifteen.) I heard the Girl cry, O Lor! O Lor ! And so I went up softly and found her lying upon the Bed, and the Prisoner upon her; but when he saw me, he got off the Bed so hastily that he fell down, Then she got off the Bed and went down Stairs, but I heard no Complaint, and I said nothing of it neither.

Mary Gibbs . I was at play, and he gave me three Farthings to buy some Currants and Sugar, and so I did, and laid them in my Baby-house; and while I went to fetch some Water, he took half of them away, and so I was vext and throwed the rest at him, and told him I would have none of them. Then he said he did not design to keep them, but only took them to see what I would say. So he went up Stairs, and called me, come hit er Polly, come hither; and then he took me in his Arms and threw me on the Bed, and - hurt me, and I cried out because he hurt me. But I did not tell of it till three Days afterwards, when I lay with our Lodger, and she found it out by my Linnen; and told my Mammy.

Prisoner. She came to me and threw herself upon the Bed.

Mary Brown . I have heard the Boy say she was a very bold Girl - And her Father offered to make it up for three Guineas, if he might be indemnified.

The Jury acquitted him.

112. James Northall was indicted for forging an Indosement on a promissory Note, dated May 25, 1735, signed with the Name of Thomas Devenish , in which Note the said Devenish promised to pay to William Morris or order one hundred Pound, and for publishing the said Indorsement knowing it to be forged . Acquitted .

113, 114. George Holloway and Thomas Weare two Boys , were indicted for stealing a Black Gelding, value forty Shillings , the Property of Richard Ayres , July 20 .

R. Ayres. On the twentieth of July I put my Horse in the Vinegar Fields , and he was missing next Day. And three Weeks afterwards a Lad saw Thomas Kite upon my Horse in South-wark and brought him and the Horse to me.

Thomas Kite. On the twenty first of July, I bought the Horse of George Holloway for ten Shillings and six Pence, at the Three Goat's Heads in White Chappel. The Horse was as ragged and shabby as the Boy. Before we had quite concluded the Bargain the other black guard Boy Tom Weare came up and whispered Holloway Now I not caring to buy the Horse of Holloway till I saw some body that could give an Account of him, I asked Weare if he knew Holloway. Weare said, Yes, very well, he is a Cobler's Son in Dog-row.

Weare. Coming from Bow I saw Holloway and Kite with this Horse, I asked Holloway where he got that Horse. Why, says he, my Father bought him and I have sold him to this Man for half a Guinea.

Holloway. Going to Mile End, I met this Tom Weare with the Horse, and he desired me to sell him for half a Guinea. So meeting with this Mr. Kite at five in the Morning, I sold the Horse to him, and he pawned his Watch to pay me - My Father does not live in the Dog-row he lives in Spittle-fields.

Isaac Holloway . I am George Holloway's Uncle. He worked for me till he was thirteen or fourteen Years old, and then followed the Sand Carts.

Sarah Holloway his Mother-in-Law. He was bound to a Man that kept Sand Carts, but his Master going to Holland, I can say nothing as to his going on since that time.

William Cook . Tom Weare has worked for me nine or ten Years, and had a good Character, though he was very poor.

The Jury acquitted Weare, and found Holloway Guilty . Death .

115. Mary Smith , was indicted for stealing three Shirts, an Apron, and other Linnen, value forty Shillings, the Goods of several Persons, in the House of Robert Pearse , July 15 . Guilty 39 s.

[Transportation. See summary.]

116, 117, 118. Joshua Mollineux , William Hanslow , and Elizabeth Hanslow , were indicted for conspiting to vex and perplex Richard Constable Attorney at Law , with Law-suits, and thereby putting him to great Charges . But no Evidence appearing they were acquitted .

119. Mary Maccullin , was indicted for stealing two Gowns, value forty Shillings, and other things, the Goods of Joseph Griffin in his House , July 14 . Guilty 39 s.

[Transportation. See summary.]

120. Mary Jenkins , was indicted for stealing a pair of Stays, the Goods of Persons unknown. A Looking Glass, and two Silver Bells of a Coral the Goods of Terence Evers , August 4 . Acquitted .

121, 122. Elizabeth Hesters and Robert Rice , were indicted for stealing eleven Silver Spoons, value six Pound, two Silver Salts, a pair of Silver Buckles, three Guineas, and thirty two Shillings and six Pence, the Goods and Money of John Spencer , in his House July 27 . Acquit .

123. Barbara Crawford was indicted for marrying Roger Kelly , September 9 , her former Husband Francis Russel being then living . Acquitted .

124. Samuel Hutchins , was indicted for the Murder of Manwaring Low by giving him with an Earthen Pipkin one mortal Bruise on the upper part of his Nose, May 9 of which he languished till the seventh of June, and then died .

He was a second time indicted on the Coroner's Inquisition for Man slaughter.

Diana Low . My Husband kept a Distillers Shop . The Prisoner was his Porter , and lived next Door. On the twenty ninth of May, in the Evening, as my Husband was drawing a Dram for Mr. Morley, and I was sitting at the end of the Counter, looking through the Window. The Prisoner's Wife run by, and he followed her. My Dear says I, There is Sam running after his Wife, to beat her: I wish you would speak to him. So my Husband went out and desired him not to beat his Wife. The Prisoner (as my Husband afterwards told me) said, G - D - your Blood, though you are a Constable, you have got no Warrant for me. The Deceased answered, No Sam, and if I had I would sooner let you know of it, than serve it upon ye. The Prisoner D - 'd his Blood again and having a Pipkin in his Hand, with Eggs in it, he upped with this Pipkin, and knocked the Deceased down in the Kennel: I helped to take him up. The Wound was at the Corner of his Eye, and the Grissle of his Nose was broke, he bled near three Hours. I sent for Mr. Meadows a Surgeon, who, after trying several things to stop it, was forced to bleed him in the Arm, and that turned the Blood. The Prisoner came into the Shop, my Husband said to him Sam, I did not think that you of all Men would have served me The Prisoner d - 'd his Blood, and said, If I had killed my Wife I had not cared, for I could but have been hanged for her. This was done on Thursday and my Husband died on the Saturday sennight following - And he said two or three times the Day before he died that the Wound was the cause of his death.

John Morley . Going up Old Gravel Lane about ten o'Clock. I found my self ill, and called at the Deceased's Shop for a Glass of Anniseed. He drew it, and I sat down. The Prisoner and his Wife quarrelled. He wanted her to dress his Supper, which she refused, and would not go home with him. Ye Son of a B - , says she, Because you have brought home so much Money you want a hot Supper and be d - 'd to you. He begun to pull her violently to make her come home, and she struggled hard not to go upon which the Deceased stept between them in a friendly manner, and said, Sam don't beat your Wife. The Prisoner returned. If you are a Constable, you have no Warrant against me. No says the Deceas'd, And if I had I'd sooner let you know it than serve it upon you. And then I think he took hold of the Prisoner's right Arm. but in a gentle friendly manner. D - ye, say, the Prisoner, You have no business between me and my Wife; and then having a Pint Pipkin with two or three Eggs in it, in his Hand he lifted his Hand up, and with the Pipkin he struck the Deceased a Blow just by the left Eye; but whether he threw the Pipkin, or held it in his Hand when the Blow was given, I cannot say, but the Pipkin was broke and the Deceased fell in the Kennel. I stepped from the Door where I then stood to help him up. But he being a heavy Man, I called his Wife to assist me. I called three times before she came, for she was then in a little Room backward, and saw nothing of the Affair. We brought him into the Shop, and she sent me for a Surgeon; after which the Prisoner came in and said, If you had kept in your Shop this had not happened - It is done and I cannot help it - I am sorry for it, but if I had killed my Wife I had not cared, for I could but have been hanged for her

Alice Collins , the Deceased's Servant. My Master was carried up Stairs for dead. I sat up with him, and towards the Morning he came to himself. He got up in the Morning for two or three Hours, but was forced to go to bed again. He afterwards languished about the House, but was not capable of doing any Business. He declared on his Death Bed, that if he died, it would be by the Wound Sam Hutchins had given him.

Peter Ken . I went to visit the Deceas'd in his Illness. He was in a Dose, and his Wife said to him, Low! Low! Do you think that Hutchins has been the Cause of your Death. He answered, Yes, but spoke as if the Words were pulled out of his Mouth - He used to be troubled with Fits, so that once he bit his Tongue almost in two.

Thomas Hood . The Day before he died, he said, he was afraid he should never do well in this World for the Blow that Hutchins had given him would be his Death. I told him I hoped not. He replied that he was satisfied it would be his end, and there was no possibility of the contrary. I was with him when the Surgeon bled him, and then I and the Surgeon's Man carried him up in a Chair like a dead Man. I saw him in his Shop three Days after, I asked him how he did. He told me Hutchins was just gone by, and says he, I ask'd him how he could serve me so ill, and he answered, D - ye, if I had killed ye, I should have been glad of it, for you had no business to meddle with me at that time.

Prisoner. My Wife and I had some Words, and she run out. I followed her with a Pipkin in my Hand to bring her back; upon which the Deceased came and took hold of my Shoulder, and it being dark. I tost the Pipkin out of my Hand, but did not strike him with it.

Alice Richmond . About a Month before the Blow, I saw the Prisoner in his Shop, and he said he that he was very ill, and he believed he and I strove who should die first, for he had something on his Heart that he could not remove.

Hains Brasier . I saw him five Weeks before the Blow, and he said he was not well, nor he believed never should; and then he shewed me his Tongue which he had bit through in several places when he was in Fits; but says he, I was never subject to these Fits before I was cast in this Law suit. I have lain it to heart, and I believe it will be my Death

John Brick . I have known the Prisoner twenty Years, he was an honest industrious Man, and not given to quarrelling.

William Thompson , Surgeon. Four Days after the Deceased's death, I viewed his Body, he had a Wound on the left side of his Nose, there was no Fracture of the Bone, but the Cartlage or Grissel of the Nose was separated from the Bone by the Violence of the Stroke. I opened the Head, I found no Fracture in the Cranium, nor any extravasated Blood, nor visible Cause of his Death from that Wound. Indeed I have heard he lost a vast Quantity of Blood. The violent Contusion made by the Blow might cause that extraordinary Effusion of Blood at the Nose, and this might cause the subsequent Convulsion Fit, to be more violent, which might carry him off.

The Jury found the Prisoner guilty of Manslaughter .

[Branding. See summary.]

125. Thomas Hargrave was indicted with Nathaniel Walker , not yet taken, for stealing four Shillings and six Pence , the Money of Thomas Merceder , April 21 . No Evidence Acquitted .

126. John Morris (the Husband of Elizabeth Morris convicted this Sessions for receiving stolen Goods) was indicted for stealing an Iron Grate, value 5 s. it being fixt to the House of James Slightholm , August 3 . Acquitted .

127. John Stanley was indicted for breaking and entering the House of John Green , and stealing twenty three pair of Stockings, value four Pound, five Pound of Tea, value thirty Shillings, a Sugar Loaf, and seven Caps November 17 . in the Night . No Evidence acquitted .

128 129. Phillip Scudamore Monson Esq ; and Thomas Littleton Gent . were indicted for stealing two Bank Notes for a thousand Pound each, one for five hundred, two for fifty Pound each, three for thirty Pound each and one for twenty Pound , the Property of Henry Johnson . August 31 . But the Act on which they were indicted, being expired, the Court directed the Jury to acquit them .

The Trials being end'd, the Court proceeded to give Judgment as follows:

Receiv'd Sentence of Death 13.

Mary Wootton William Lewis Joshua Dean Isaac Dennis , Patrick Gaffney , Edmund Togwell , Peter Matthews , Charles Conner , William Phillips alias Clark, James Whitney alias Pug, James Farrel , Charles Hooper , George Holloway /.

Burnt in the Hand 5.

Thomas Jones , Jacob Parker , Ann Reading , Elizabeth Pass , Samuel Hutchins .

Transportation 38.

Ann Thompson , John Stanning , Mary Jones , Robert Tracey , Richard Ash , Jane Leg , William Scarcity , Elizabeth Morris , John George , Thomas Mount , Ann Farrow , Elizabeth Smith , William Johnson , Sarah Greenwood , Elizabeth Stevens , Ann Wright , Ann Tyers , Mary Griffith , Sarah Penjerfield , George Allen , Mary Smith , Phillip Hall , Edward Williams , James Barthelemi , Mary Johnson , James Hammond , Thomas Hayman , Ann Thorn , John Sheppard , Joanna Andrews , K - S - , Ann Holmes , Charles Macdonaugh , Mary Holmes , John Keeble , Ishmael Taylor , Ann Plumket , Mary Macmullen .