Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 October 2014), December 1735 (17351210).

Old Bailey Proceedings, 10th December 1735.

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

Wednesday the 10th, Thursday the 11th, Friday the 12th, Saturday the 13th, and Monday the 15th of December, 1735. in the Ninth Year of His MAJESTY's Reign.

Being the First SESSIONS in the Mayoralty of the Right Honourable Sir JOHN WILLIAMS, Knt. Lord-Mayor of the City of LONDON, in the Year 1735.

NUMBER I.

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 JOHN WILLIAMS , Knt. Lord-Mayor of the City of London; and the Hon. Mr. Baron Carter , the Hon. Mr. Justice Probyn, and 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.

Stafford Briscoe ,

Samuel Gordon ,

Thomas Durnford

Peter Biggs

George Eden ,

John Tindall ,

Anthony Lutkins ,

Samuel Whiteway ,

Edward Rose ,

Peter Truby ,

George Doughty ,

William Hay .

Middlesex Jury.

Gabriel Fonace ,

John Salt ,

Nicholas Fry ,

Dennis Morgue ,

Jacob Duhammel ,

Richard Hodgins ,

John Maynard ,

Thomas Owen ,

Thomas Thorowgood ,

George Errington ,

William Glanister ,

Bladwell Peyton ,

1. Lewis Pool , was indicted for privately stealing a Hat and Wig, from the Person of Peter Sejourne , November 18 . Guilty 10 d.

[Transportation. See summary.]

2. Thomas Perrin , was indicted for stealing one Yard of silk Tissue one Yard of silk Brocade, and two Yards of silk Damask , the Goods of Arthur Lone , and Lowel Chessey . October 9 . and

3. Margaret Wake , was indicted for receiving one Yard of silk Tissue, part of the said Goods, knowing it to be stolen , October, 24 . Perrin guilty 10 d and Wake acquitted .

[Whipping. See summary.]

4. Margaret Barlow , was indicted for stealing a pair of silver Spurs, value 20 s. the Goods of Richard Page , October 18 . Guilty 10 d.

[Transportation. See summary.]

5. Sarah Manly , was indicted for stealing a pair of Stays, a Calico Gown, and a silk Gown , the Goods of Thomas Draper , November 28 . Guilty 10 d.

[Transportation. See summary.]

6. Peter Cook , was indicted for stealing eighteen pair of Kid Gloves, value 24 s. the Goods of Thomas Bunting , November 8 . Acquitted .

7. Christopher Hughs , was indicted for stealing two Hundred Weight and a half of Guinea Red Wood , the Goods of Thomas Crosier , November 11 . And

8. Thomas Marshall , for receiving twenty Pound Weight of the same knowing in to be stolen . Guilty both.

[Transportation. See summary.]

9. Joseph Cole , was indicted for breaking and entering the House of John Chamberlain , and stealing a silver Pint Mug, two silver Spoons, three silver Tea Spoons, one silver Salt, one silver Pepper Box, a pair of Brass Tea Tongs, a Copper Tea Kettle, a pair of Damask Shoes, two Shirts, two Shirts, three Towels, a Table Cloth, a Suit of Pinners, a Muslin Hood, a Hat and a pair of Pumps, November 7 , between eight and nine at Night .

John Chamberlain . I live in Cock-Lane, West-Smithfield . On the seventh of November, between eight and nine at Night, the Street Door of my House was broke open first, and then the Door of my Closet, from whence my Plate and other Goods were taken.

Then the Prisoner's Confession made November the tenth before Sir Richard Brocas , was proved and read in Court. He confest that on the seventh of November about eight at Night, he and Alex Rathe broke open a House in Cock-Lane, and took the Plate and other Goods (mentioned in the Indictment) and sold the Plate to Thomas Whitehead, a Watchmaker in George-Alley by the Ditch-side for four Guineas, and that Whitehead melted all the Plate down.

Edward Lawrence . Here is a Copper Tea Kettle, a Shirt, and a pair of Brass Tea Tongs, which I found in the Prisoner's Room.

Prosecutor. These are my Goods.

Lawrence. I have been Constable two or three Years on the other side of the Water - A Neighbour of mine having had his House broke open, I suspected the Prisoner, because he had been an Evidence against Williams, Isaacson, and Gulliford (in February last.) I and G. Holderness went to look for him, and making Enquiy, we heard that the Prosecutor's House had been broke open too. We found the Prisoner abed in his Room in Black-boy Alley in Chick-Lane. We secured him and four or five Women who were in the same Room. Perceiving a loose Board in the Floor we took it up, and found a Dark Lanthorn, a piece of Wax Candle, a Tinder Box, and these two Iron Instruments. I asked him what he did with them. He told me they were his Mills, with which he could open any Door in England - This with the Claw at the End of it is to wrench with, and this with the Round Hole is to put over the Head of a Bolt to force it out. Next Morning he desired to be made an Evidence. I asked him how many Accomplices he had. Why, says he. If you had let me alone but one Night longer, I and three more were to have milled a Silversmith and then I could have jamm'd three or four, but now I can do but one, and that's Alexander Rathe . Indeed I had another Friend, but he was buried last Night, or else I could have done for two.

Prisoner. This Lawrence broke open my Room and took me and my Wife and three more Women, and carried us to the Compter; but he not being a Constable on this side the Water, the Keeper would not take us in, tho' I desired him to do it; and so Lawrence carried us over the Water; and G - D - your Blood, says he, If you don't turn Evidence, I shall find some that will swear against you. As for the Mills, they were left at my Room by John Stanley , on whose Evidence John Chickley was apprehended.

The Jury found him Guilty . Death .

10. Ann Drury alias Walker , was indicted for privately stealing twenty two Guineas, from the Person of John Baccett , October 28 .

John Baccett . On the ninth of June about Ten at Night I met two Women in Fleet-street, who asked me to give 'em a glass of Wine, I thought one of them was like a Maid who had been my Servant, but had rob'd me of a pair of Silver Spurs, for which I dismist her, and so to be satisfied I went with them to the Prisoner's House in Hind-Court in Fleet-street , where I soon found my Mistake. However, I trea ed them with a Tiff of Punch, and after that, with another, and then they went away, and then I and my Landlady (the Prisoner) had another Tiff. I had been drinking before with a Captain on board a Ship, of which I was part Owner. - And so I fell a Sleep - When I waked I asked what was to Pay. The Prisoner said I had nothing to Pay, and that was true enough - for she had left me nothing in my Pocket ( except three Pence ) as I found when I came home. So I went to her next Day, and asked her if she knew the two Women that were in my Company over Night. No, says She, but they were merry free Girls, and you gave them a Shilling a Piece, and went out with them. I told her, I mist some Gold and a Gilt Metal Watch, and an old fashion'd Tweezer Case. She said she would endeavour to help me to 'em again So we had a Tiff of Punch, and we agreed to Advertise the Watch and Tweezer-Case, to be left at her House, with a Reward of a Guinea for the Watch, and a Crown for the Tweezer-Case. I Advertis'd accordingly, and in two or three Days went to the Prisoner's House again. And she told me a Woman had been there with the Watch, but would not leave it because I had not left the Money. Why Madam, Says I you might have laid the Money down for me, when you would have had the Goods for your Security. But however, there's a Guinea for the Watch, and a Crown for the Tweezer Case. So I left the Money and came again next Day, and had another Tiff of Punch, and then she produced the Watch. But where's the Case Madam? - What Case! is not the Watch in the Case? - Aye but the Tweezer-Case, Madam - Lord Sir, I know nothing of the Tweezer-Case - Why Madam did not I leave a Guinea for the Watch and a Crown for the Tweezer-Case? I swear Sir I thought you had meant the Watch Case, for I never read the Advertisement; but D - the Bitch, I know where she lives, and she shall never sting me so, for I'll make her bring the Case. So we parted, and when I came the next time, she told me, truly the Case was Pawn'd for a Crown, and she must have a Crown to redeem it. Why Madam this is a sort of a Bite upon me, did not I give ye a Crown for the Case! - Aye, but Sir I paid that for the Watch-Case. Nay Madam if that's the Case I am as far off as ever, tho' it has cost me three times more to get this Case than ever the Case was Worth. And with that I went away and resolv'd to go no more after it, for I thought with myself I might chance this Woman to Eternity, about my Case, and all to no purpose. However, about two Months afterwards I received 100 l. at the Bank, and paid away 75 l. of it. And going home about twelve at Night with the rest of my Money in my Pocket, and seeing the Prisoner's door open and a Woman in the Window, a Whim came into my Head to call once more for this Case, And so I goes in, and there was Madam mighty glad to see me, and wondring what was become of me, and why I did not call for my Case, Well, have ye got it now? - Aye, Sir, but shall we not drink first - With all my Heart, let's have a Tiff of punch. So the Punch was brought, and then she bid her Maid fetch the Case, but the Maid told her it was too late. Upon this I gave Madam half a Guinea to Change. I can't change it says she, but shan't we have t'other Tiff. I answer'd No she replied, yes but we will, and I'll join with ye. I was not forward to join with her, but, she brought in another Tiff. I tasted it and told her it was to strong, for it was almost all Brandy. She said she loved it so, for if it was not Stiff it would give her the Cholic. Then I ask'd her for my Change, and she said she'd fetch it; but she stay'd so long that I fell asleep, and when I waked I found her leaning over my Chair with her Hand in my Pocket I ask'd her what she meant by that? She pulled her hand away with my Gold in it and said, Here is a fine parcel of Money to carry along the streets at this time of Night. Do ye think I'll let you go out of my House with so much Gold about ye? - No - if you should fall into ill Company and lose it, you'll think you have lost it here, and then I must bear the blame, and therefore I'll take Care of it till you come again. But Madam, says I, is that a Reason for Picking my Pocket? Why Dovee, says she, do you think now that I would rob you of this Money? No, it shall be as safe as if you had it at home. I'll assure you I keep as honest a House as any in London. - One Night a Gentleman went up stairs with a Girl, and left his Gold Watch upon the Bed. I found it after he was gone, and gave him it the next time he came, and so I did by another Gentleman that left his Pocket Book with a 100 l. Bank Note in it. - Madam I'll have my Money says I, before I go, D - ye but ye shan't says she, and if you stay much longer I'll have your Watch too. - But by good luck I had left my Watch at Home. I continued telling her I would not go without my Money, she threatned to fetch them that should silence me, and so she went away and I expected some Mischief for she had told me before that she kept a Soldier to assist her when People would not conform to the Rules of the House. But in a little time she came in again by herself, and said, What, han't you made an end of your Punch yet? get you out of my House? And so she dragg'd me to the Door, and tossed my Hat and Cane after me. I was so disabled with Drinking that I could not defend my self; I made shift to get Home, but being very sick I lay a Bed all that Day. The next Day I went to her House again to enquire after my Money, and then she said I had not been within her Doors that Night. - My Tweezer-Case was sent to me after she was committed to Newgate.

Mr. Parrot. The Prosecutor told me he had got the Slut in Newgate. I went to see her there; she said she was afraid this unhappy Affair with him would be the Ruin of her. That she had sent one to offer him all his Money to make it up; and had likewise sent to a Man that keeps a little Baudy-Ken, and sells Ale in an Alley in Fleet-street, to tell him that if he did not return the Tweeser Case to the Prosecutor, she should be obliged to discover all.

Defence.

Jane Eccleston The Prisoner is my Mistress. On the twenty eighth of October about twelve at Night, the Prosecutor brought a Woman into our House, and I made them two Tiffs of Punch, and when the Punch was out they went away together; he had his Hat on, and his Cane in his Hand. But all the time he was in our House, my Mistress was asleep in the Coffee-Room, and did not see him that Night, nor at any time afterwards till he came and took her up.

James Hill , Watchman. Between one and two in the Morning, going up Hind Court, I found a Hat, and looking forward, I saw this Gentleman standing as if he was making Water. I asked him if he had lost his Hat, he said yes, and his Cane too. I found it and gave it him, and asked him where he lived. He said, in Nevil's Alley in Fetter Lane. I went home with him, and at parting he said, he did not know but he might be one thousand Pound the worse for that Night's Work.

Q. Was he drunk?

Hill. I leave the honourable Court to judge of that.

Q. What sort of a House does the Prisoner keep?

Hill. I cannot say as to that, for I watch without Doors and not within - I do not know of any Disturbances - in this way - once indeed the Constable was called, about a Trifling Affair of a Boy's losing two Guineas.

Q. What Reputation has the House?

Hill It is very hard for a poor Watchman to give a Character of a House-keeper.

Q. What do you mean by trifling with the Court?

Hill. Why she does keep a - Bawdy-house.

Rebecca Serjeant . I live in the Country - at Ratcliff-Cross. On Friday the last of October, Boalled at the Prisoner's House, and there the Proecutor came in for a Dish of Coffee, and asked her if he did not leave twenty two Guineas with her last Night? She said no. Why then says he, I was robbed; and he wanted her to make it up, but she said she would not if it cost her Life.

Alphonso Gilbert The Prosecutor said, he would not have prosecuted her if she would have given him part of his Money.

James Abram , Ticket-Porter in Castle Yard. She is a very honest Gentlewoman as any in the World, she has dealt with me for Oranges and Lemons.

Elizabeth Burton . I wash and nurse, and get my Bread honestly at her House, and never saw no Disorders.

Elizabeth Pearson . I live opposite to her, and she always lived very quiet and sedate, and orderly.

William Loveday . I live within one Door of her, and occupy a Chandler's Shop, and she paid me honestly for what she wanted.

Mary Menick . I live at the Corner of Gray's Inn lane, and three or four Years ago I took a great deal of her Money for Brandy, and Rum, and Oyl, and Soap, and Vinegar.

Mr. Langford, Constable. She keeps a common notorious Bawdy-house.

Prisoner. Have you ever seen any such Disorders there?

Langford. I speak the common Report; you would not have me say that I made it a Bawdy-house.

The Jury found her guilty to the value of 10 d.

[Transportation. See summary.]

11. Charles Johnson was indicted for assaulting James Evans on the Highway, and robbing him of the Carcass of a Goose, the Property of Elizabeth Huckle , September 28 . Acquitted .

12. John Jenkins , was indicted for breaking and entering the House of Henry G fford , Esq ; and stealing twenty-five Play-house Tickets, value 12 s. 0 d. November 12 , in the Night . Guilty of Felony .

[Transportation. See summary.]

13. Jenkin Evans , was indicted for stealing twenty nine Yards of Shalloon, a pair of Shoes, a pair of Breeches, a Waistcoat, and a Shirt , the Goods of Robert Plumb , November 29 . Guilty .

[Transportation. See summary.]

14. Mary Milner , was indicted for privately stealing fourteen Shillings, from the Person of John Trott , October 25 .

John Trott . The Prisoner took her Acquaintance with me in Fleet-street, and carried me to an Ale-house in Chancery-lane . We went up Stairs, and had one Pint of Beer, and then she throwed me down upon the Bed, and I being old, and fuddled into the Bargain she took the Money out of my Breeches, whether I would or no, and so I got nothing but one Pint of Beer for my fourteen Shilings, Acquitted .

15. Elizabeth Jones , was indicted for stealing a silver Spoon, a pearl Necklace, two Shirts, a Quarter of a Pound of Tea, and other Goods, and five Pound in Money , the Goods and Money of Walter Collins , October 16 . Guilty 10 d.

[Transportation. See summary.]

16, 17. Elizabeth Clark and Arabella Clark , were indicted for stealing a Gown, an Apron, two Handkerchiefs, &c. the Goods of Thomas Stevenson , November 18 . Elizabeth acquitted , and Arabella, guilty 10 d.

[Transportation. See summary.]

18, 19. Ann Goff alias Gough and Sarah Hartley , were indicted for privately stealing eight Yards of printed Linnen, value fourteen Shillings, the Goods of Jane Hardland , in her Shop , November 5 . Guilty 4 s. 10 d. each .

[Transportation. See summary.]

20, 21. Ann Allen and Ann Evans , were indicted for privately stealing one Moidore, and five Guineas, from the Person of Henry Lee , October 18 .

Henry Lee. I being a Country-man. and a Stranger in this Town, was going to my Quarters between eight and nine at Night, and meaning no harm. I happened upon these two Women in Long Acre, and they asked me to go to their Lodging in Earl's Court, in Drury lane ; I was unwilling to go, but they said it was a very civil House. So they took me up one pair of Stairs, and ordered a Bowl of Punch, and a Fire to be made. I grew uneasy, and was for coming away. for I did not much like them; but they shut the Door, and kept me with them an Hour longer than I would have been if I could have helped it. I had no disorderly Dealings with them, though they did what they could to bring me to it, for they took up their Coverings, and shewed me what Ware they had, and then they would needs examine mine - When the Punch was out, they called for Drams, we drank three Quarterns of Brandy, and then I paid the Reckoning. I had Silver in my Pocket, and Gold in my Fob. As I was going down Stairs, they knocked out the Candle, and the Landlady went out with me pretending to shew me the way to my Quarters. We had not gone one hundred Yards before I mist five Guineas, and a Moidore out of my Fob. Landlady, says I, what sort of People do you keep in your House? I have lost my Money; sure you have not, says she, but if it is so I will go back and see you righted. But instead of going back, she took me down a contrary way to lose me, when a Man hearing me complain of losing my Money, said, why do not you lay hold of her Countryman? And with that she run away, but tumbled down, near her own House, and so we took her. Upon which the two Prisoners came out and swore and called us all to Naught. We went to call the Watch, and so the three Women all run away. When we had got the Watch, we went to the House again, and took the Maid and another disorderly Creature, who said she was a Whore, but no Thief, and she would go with us to find them. We found Ann Evans asleep on the Stairs at the Hamburgh Coffee house in Drury-lane, and carried her to the Round-house, she own'd that Ann Allen had gave her two Shillings of the Money to pay her Lodging, and that they were to share the rest in the Morning, and told us that Allen was gone home again. We went back to the House between One and Two in the Morning. It seems Allen was then a Bed up one pair of Stairs with a Gentleman, but hearing us come in, she left her Bed-fellow, and run up into the Garret, and got to Bed with two other Creatures, we brought her down into the Room she went from, and Searching about, we found Four Guineas, a Moidore, and fifteen Shillings, hid between a Board and the Wall.

Some of these particulats were sworn to by other Witnesses

The Jury acquitted the Prisoners.

22. William Mackenny , was indicted for stealing a Brown Gelding, value 10 l. the Property of Thomas Satcher , Sept 10 .

Thomas Satcher. My Horse was turn'd into the Ground on the ninth of September, in the Afternoon, and was lost the same Day. I came to London and advertised it, and afterwards heard that the Prisoner was taken upon the Horse at Harrow on the Hill.

John Cook . I saw the Prisoner upon the Horse's Back, and he hired Grass of me, for the same Horse for a Fortnight.

The Prisoner had nothing to say in his Defence, and the Jury found him Guilty Death .

23 George North , was indicted for breaking and entring the House of Thomas Gatward , and stealing two Portugal Pieces, value 7l. 4s. seven Guineas and a half, and 7l. in Silver, Nov. 13th , between seven and eight at-night .

Thomas Gatward . I am a Milk-man and live in the Land of Promise in Hoxton . My Wife and I went out between six and seven in the Morning, my Wife return'd about Ten the same Morning (as she told me) and I came home about One in the Afternoon, when I heard that I had been rob'd, and the Prisoner was taken in Kingsland-Road, with my Money upon him. He confest that he got over the Wall behind my House, open'd the Casement, and broke my Box, and took away the Money. This Evidence was confirm'd by others, and the Jury found the Prisoner Guilty of the Felony .

[Transportation. See summary.]

24 John Alder , was indicted for privately stealing seventy yards of Sarcenet, value 5l. the Goods of Francis Sirr , in his Shop Nov. 18th .

John Sirr . I saw the Prisoner go out of my Father's Shop, with two Pieces of Sarcenet, under his Arm. I followed and said, Hey Master ! upon which he ran, and threw the Goods in the Channel, I pursued and took him

Joshua Thompson I was in my Shop behind St. Clements, and hearing a Noise, I stept out and saw the Prisoner Running I did not see throw the pieces away, but I saw them roll into the Kennel.

The Prisoner did not deny the Fact, but said, this was his first Offence, and called five Witnesses to his Character. They depos'd they had known him several Years, that they always thought him very Honest, till may heard of this Affair, at which they were greatly surprised.

The Jury found him Guilty Death .

25. Sarah Batley , alias Sarchel , was indicted for stealing a pair of Breeches, thirty four Guineas two half Guineas and five Shillings, the Goods and Money of John Watson in the House of Thomas Jordan , Nov. 17th .

John Watson. This Thomas Jordan keeps a Lodging House in Rag-Fair . We went to drink together at Mr Smith's, and there I told Jordan, that I did not like my Bed. He said I should have a better, and so I went home with him again, and there I saw the Prisoner whom I had never seen before. I drank a Mug of Beer, there and then was for going to Bed. Jordan bid the Prisoner, take the Candle and make the Bed; and while she was doing that I undrest. I put my Breeches under the Pillow and got into Bed. My Money was sew'd up in my Fob. The Prisoner came pretending to take the Candle, but took hold of my Breeches. I got a grip of them. But she cryed, Let go ye Old Dog, or I'll cut your Neck, and so pulled them away from me, and run down Stairs and out of the House, tho' I got out of Bed and called to Jordan to stop her. I put on my Coat and went down to follow her, but he stood at the bottom of the stairs, and would not let me go out, for he said if I did, the Mob would kill me. He gave me a pair of his Breeches to put on. I would have-gone out the next Day but he would not let me. At last I took him up, then he found out the Woman. It was I that made her a Woman, for she was a ragged ars'd Beast before she laid hold of my Breeches.

Su Smith . I keep an Alehouse in Rag Fair. On Friday in the Afternoon, the Prosecutor and Jordan and four more, were five Hours, at my House, and got drunk, and squabbled about the Reckoning - Next Day I was told that the Prosecutor had lost his Breeches - Jordan was sent to New Prison, where he lay for a Week. The Prisoner came drunk to my House, and said to me, Jordan is taken up, but poor Man he is innocent, and knows nothing of the matter, for I took the Breeches my self.

Prisoner. The Prosecutor came to me in Newgate, and said. Do not be dead hearted, poor thing! For when you come to the Bar, I won't hurt ye.

The Jury found her guilty to the value of thirty nine Shillings .

[Transportation. See summary.]

26. Margaret Claymor alias Climer , was indicted for stealing a Coat, Wastcoat, and other things, the Goods of Robert Alexander , in his House , October 27 . Guilty 39 s.

[Transportation. See summary.]

27. Robert Sibbalds , was indicted for privately stealing a Gallon Pewter Pot, value four Shillings, and a Half Gallon Pewter Pot, value two Shillings, the Goods of Orlebar Gostelow , in his Shop , November 3 . Guilty 4 s. 10 d.

[Transportation. See summary.]

28. Robert Swanell was indicted for assaulting Hannah Baugh on the Highway, and robbing her of a Velvet Hood, and a Suit of Head Clothes .

He was a second time indicted for assaulting James Dun on the Highway, and robbing him of a Hat , December 3 .

Hannah Baugh . As I was going home with this Boy , James Dun, the Prisoner came behind me just by the Toy-shop in Pall-mall , and tore off my Hood and Cap, and at the same time he snatched off the Boy's Hat, and run away. The Boy ran after him and he was taken.

James Dun. This Gentlewoman had been at my Mistresses's House in King's-street, Westminster, and my Mistress sent me to see her home about ten at Night. The Prisoner followed us all up Spring Garden, and when we came into Pallmall he snatched off her Hood with his Left-hand, and my Hat with his Right. I followed him, till he was taken near Hedge-lane by Mr. Waters.

- I saw the Prisoner take her Head Clothes off, and saw him have them in his Hand, but I did not see what he did with them afterwards.

- Buckley, a Chairman. I had put up my Chair in St. James's Gate, when I heard a Cry of stop Thief, and saw the Prisoner rush by the End of Pall-mall, with something black in his Hand. I pursued, and attempted to toss up his Heels, but he sprung from me, and threw down a Hat, and something else, and then Waters seized him, and a Boy took up a Velvet Hood, and Head Cloths.

Benjamin Malen . I took up this Velvet Hood, and these Head Cloths near the Opera House, and within two Yards of the Prisoner when he was taken.

Mrs Baugh. These are my Hood and Head Clothes, and here are three Pieces of the Lappets that were tied under my Chin when the Prisoner tore the rest off.

James Sylvester . I pursued the Prisoner in the Hay-market, and found this Hat close at his Feet.

James Dun . This is my Hat which the Prisoner took from me.

Jonathan Waters . I pursued and took the Prisoner in the Hay-market, and held him till others came up.

Prisoner. When I heard them cry, stop Thief, I run as hard as I could to make my Escape, for fear they should take me for a Thief.

- Hawkins. I know the Prisoner six Years ago when he lived near Dunstable in Bedfordshire, and I heard no harm of him then.

George Sibly . The Prisoner followed Husbandry Business in the Country, but I have not seen him these four Years, and therefore cannot say much as to his late way of living, but that he was a Soldier in the Guards.

The Jury found him Guilty . Death .

29, 30. Burton Brace , was indicted (with James Watkins , (not yet taken,) for assaulting Peter Bardin on the Highway, putting him in fear, and taking from him five Shillings and six Pence , December 2 .

Peter Bardin. My Lord, on Tuesday Morning at one a Clock, going in a Coach to see that Lady home, the Prisoner, with a Pistol in his Hand, attacked me turning out of Hemming's Row . Your Money, Sir. says he, quick, or by G - you are a dead Man - There was another with him, who ran to the Horses Head, and stopt the Coach - Some Silver I gave to the first, but he, not satisfied, demanded what I meant by trifling with him. D - ye, Sir, says he, more Money. or I will shoot you through the Head. I offered him some Copper, but he swore it was Silver that he wanted and would have. I told him there was all, and he was welcome to search me if he pleased. Then he demanded what Money the other Gentleman had got. That Gentleman's a Lady, Sir, says I; for on the side she sat it was so dark, the Window being drawn up, that he could not by light distinguish the Sex. His Companion then went and drew that Window down, and robbed the Lady, that being done, towards Covent Garden, the Prisoner went, and we drove on.

Prisoner. Was it dark?

Mr. Bardin. Indeed it was not Moon-light: But opposite to us there was a Lamp, by which I clearly saw the Prisoners Face. A Face, I well remembred I had seen a hundred times before, but in what place I could not recollect - When I came home, I met with Mr. Taylor, told him how, and where I had been robbed, and then described the Prisoner's Face, and Voice, and Dress exactly. Taylor, next Day went to the Golden Lyon in Russel street. Thence to the Theatre in Drury-lane, he sent for me. I went; and there immediately the Prisoner I singled out, and seized him by the Shoulder, Sir, you're the very Man that robbed me! I, Sir? Yes, you Sir! Then a Constable was called, but he was so drunk, he could not carry himself, much less the Prisoner: So we called another. In a little time the Prisoner was conveyed to Justice Mitford, and by him examined. Nothing would he confess, but only said, he had been a Drawer at the Devil - Then I recollected I had seen him there. On searching him, some Bullets in his Pocket were found, and under his Arm a loaded Pistol.

Elizabeth Vanbrackle . I was in the Coach with Mr. Bardin, when we were robb'd, but I don't know the Persons who robb'd us. On the side I sat, the Window of the Coach was drawn up. One of the Men pulled it down and took from me three Shillings and Six-Pence, or five Shillings and six pence, I forget which, As soon as they were gone, Mr. Bardin said he had seen the Man who rob'd him before, but could not recollect where.

Prisoner. The Prosecutor is a Player, and the lady is one of the Women of the Town. He's Jealous that I should Rival him, and to prevent it, he has carried on this Prosecution.

Thomas Goodale , Constable. I searched the Prisoner slightly at the Yellow-Lion and then I carried him before Capt. Mitford, where I search'd him again, and then I found a Pistol under his Arm, and a paper of Gun-powder and two Bullets in his Pocket.

Prisoner. I own I had the Pistol, but it was in my Pocket, and not under my Arm.

Thomas Alderson , Coachman. Driving along Hermitage Row with this Gentleman, and that Lady in my Coach, a Man came up and asked me if I was hired. I said yes, and then another came up and said, stop Coach or I'll shoot ye One of the Windows was drawn up, and one of the Men pulled it down again.

Mr. Taylor. On Monday Night, I was at the Golden Lyon in Russel-street Covent-Garden, and lost Four Guineas at the Bar. I went away and returned in half an Hour, and took the Money again. The Prisoner and another Person were then there, and saw me receive it. I observed that they kept an Eye on me, which made me suspect them; It was then about Ten a Clock, I went over to the Kings Arms, and they followed and staid till near twelve. Next Day the Prosecutor told me that he had been rob'd and describ'd one of the Men. On Wednesday I went again to the Lyon, and saw the same two Persons. Mr. Ellis (Sir Robert Walpole 's Steward) coming in I said to him. By Mr. Bardins Description one of those Men must be one of them that rob'd him. I sent to the Play-house for the Prosecutor, and in a little time he came and went to the Fire-side, looked at the Prisoner, and seized him.

Prisoner. He told me Mr. Bardin would not prosecute, if I would give him 100 l.

Mr. Taylor. A Message was left at Drury-lane Play-house, to desire me to come to the Prisoner. When I went, I asked him what he had to say, and he said he could get a Friend to be bound to raise him 100 l. If Mr. Bardin would not Prosecute; I bid him speak to Mr. Bardin himself, for I would have nothing to do with it.

Edward Thomas . I was at a Publick house by Covent-Garden, where the Prisoner was drinking in the next Box to me. In an Hour the prosecutor came in, and turning his Back to the Fire, looked wishfully on the Prisoner, and then reaching over took him by the Shoulder, and said, You are the Man that robb'd me. Sir, says the Prisoner, you're mistaken.

Prisoner. Did not you see me at the Rose-Tavern in Bridges-street, on Tuesday Morning, from between Twelve and One till Four. Did you not bett with me there, and then go to King's Coffee-house.

Mr. Thomas. No I saw you there between Three and Four, but not sooner.

Prisoner. I have Witnesses to my Character.

Richard Keys . I have known the Prisoner since Michaelmas-last, I bought an Estate of him (the Ship Ale-house, and three other Houses in Walworth) for 200 l.

John Hilliard . I have been acquainted with the Prisoner nine Years, I knew him before he went to the Devil, and while he was there, and since he came away, and he always bore a good Character. He left off being a Drawer when Mr. Goosetry left the Devil, which is about nine Months ago.

Thomas White , Oylman. I have known him about eighteen Months, my Acquaintance begun with a view of purchasing part of his Estate.

Ralph Hall. I am his Brother in-law. He was bound apprentice to the Devil, and behaved extreamly well in that Service.

David Odell . I have known him seven or eight Years, We were four Years Fellow-servants to Mr. Goosetry, the Master of the Devil, in which time, Mr. Goosetry had not any Servant of whom he had a better Opinion than of the Prisoner. He had engaged to go to Sea with Mr. Woodford, a Captain of an India Man, and was to have gone on the twentieth of November last.

The Jury found him guilty . Death .

31. Thomas Fortune , was indicted for stealing a Wastcot, a pair of Velvet Breeches, and a pair of Cloth Breeches , the Goods of Thomas Top , October 28 . Acquitted .

32, 33. Lydia King , was indicted with Ann Pitts , (not yet taken) for stealing a Coat, a Wastcoat, a pair of Breeches. a pair of Stockings, a pair of Shoes, seven Shirts, a Rug Coat, two other Coats, a silver Cup, a silver Punch Ladle, a Snuff Box, a Bible, fifteen Plates, three Water-plates, four Dishes, a Stew-pan, a Warming-pan, a Brass Fender, and other Things, the Goods of James Anderson , in his House , November 3 .

It appeared that Ann Pitts was the Prosecutor's Servant. That upon missing the Goods, he examined her, and she confest that she had delivered them to the Prisoner. who had pawned great part of them to Thomas Harris , or Harrison, a pawn-Broker in Mansel street, Goodman's Fields. Mr. Brown went to Harrison's to enquire for the Goods; Harrison refused to produce them till he had the Money they were pawned for, and the Interest of it was paid down. Mr. Brown paid two Pound, sixteen Shillings, and two Pence for a Coat, a Wastcoat, a pair of Breeches, a pair of Stockings, and three Water-plates. He saw then several other Goods of the Prosecutor's, which Harrison would not part with, except he brought more Money. The Prosecutor upon this, obtained a Warrant from Mr. Baron Thomson ; and Mr. Brown taking a Constable with him, and shewing Harrison the Warrant, he notwithstanding would not so much as open his Drawers, nor suffer them to see the very Goods Mr. Brown had seen before, when he paid for what he took away.

There being no proof that the Prisoner stole the Goods, the Jury acquitted her.

34, 35. Elizabeth Cherry alias Blake , and Martha Pomfret , were indicted for stealing a Sarcenet Hood, a suit of Head Clothes, a Box Iron, and two Heaters , the Goods of Thomas Pritchard , October 6 . Acquitted .

36. Eleanor Jane , was indicted for stealing a Sheet, two pound of Soap, one pound of Butter, and seven Shillings, the Goods and Money of James Goodridge , in his Shop , October 20 . Acquitted .

37, 38. Gerrard Pell , was indicted (with Edward alias Richard Slee not taken) for stealing a Cloth Coat , the Goods of Elizabeth Sambrook , September 25 . Acquitted .

39. Thomas Barker , was indicted for stealing seventeen pound Weight of Lead, fixt to the House of John Hawkswell , October 13 . Acquitted .

40. Ann Brine , was indicted for breaking and entring the House of Richard Rivers , and stealing a silver Spoon, November 8 , in the Night . Acquitted .

[Transportation. See summary.]

41, 42. Robert Hog , was indicted (with Luke Fern alias Gimblet, not yet taken) for privately stealing a Cheshire Cheese, in the Shop of George Lucas . Acquitted .

43. Ann Hall , was indicted for stealing twelve Shillings , the Money of Nicholas Drury , November 18 . Guilty .

[Transportation. See summary.]

44. Charles Gibbs , was indicted for stealing a Bed, a Bolster, and a Blanket , the Goods of Persons unknown, November 30 . No Evidence, acquitted .

45. John Underwood , was indicted for stealing a seven Pound Leaden Weight , the Goods of John Wetherell , November 12 . Guilty .

[Transportation. See summary.]

46. Frances Middleton , was indicted for breaking and entring the House of Langborn Tingge, and stealing two silver Spoons, a pair of Gold Earings, a Callimanco Gown, eleven Ells of Holland, and other things. November 13 , in the Afternoon, no Persons then being in the House . Acquitted .

47. Anna Maria Thorn , the Elder , was indicted for the Murder of Anna Maria Thorn , the Younger, aged fifteen Years, by shutting her up in a cold Room in the House of John Falkner , a silk Dyer, and there keeping her from March the twenty fifth till November the seventh following, without Fire, sufficient Meat, Drink, and other Things, necessary to nourish and preserve her Life, for want of which Necessaries, she languished from the said twenty fifth of March, to the said seventh of November, and then miserably perished and died .

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

Thomas Falkner . I live at the Corner of the Roll's Buildings in Fetter lane . A Fortnight after Lady-Day, the Prisoner came to lodge at my House, with her three Daughters, Dorothy the eldest, Charlotte the second, and Anna Maria the Deceased, who was youngest, and about fifteen Year's old. They staid till November following, when Anna Maria died. In two or three Days after they came, my Wife, and Maid, told me they miss Victuals out of the Closet, and watching to see how it went, saw the Deceased come out of the Closet. I ordered the Cupboard Door to be locked, and then she came to them, and asked for Victuals, and said she was almost starved. I bid my Wife give her some Bread and Cheese, or Butter - It was five or six Weeks after this, the Deceased complained she had had no Victuals for two Days, but a Bit of Liver. I willing to examine into the Matter, peeped through a Slit in the Partition, and saw the Prisoner and Miss Dony [Dorothy] sitting at Dinner, and Miss Charlotte, and the Deceased standing by them, trembling. The Prisoner gave the Deceased a Bit of Bread, and about half an Ounce of Meat. I looked another time when they had pickled Pork for Dinner, and after the Pork was taken away, the Deceased had a Bit of cold Liver, as big as my two Fingers. When her Mother gave her Victuals, she commonly used to eat it cautiously; but eating this Liver more eagerly, her Mother knocked her on the Shoulder, and said, Hussy! how you cram it in?

Q. Did you ever expostulate with the Prisoner for using her Child thus?

Falkner. I did speak to her about it once; and she told me I was a lying Scoundrel. I did not expect such an Answer, for excepting in this Case, she was as civil a Woman as ever came into a House - The Deceased died on the seventh of November. There was no Apothecary to attend her, nor was any of our Family called to see her, nor do I know that any other Person was - Her Mother had a Fire in the Parlor, but the Deceased was kept in a back Room, where there was no Fire, and where she lay upon a Bed without a Bedstead, and she has been locked in for two or three Days together.

Q. Was not this in the Summer?

Falkner It was between April and November.

Q. Was there no Carpet, or Matt under the Bed?

Falkner I don't know.

Q. Did not Charlotte lye in the same Bed?

Falkner. Yes.

Q. And was not she used in the same manner?

Falkner. She could help her self, because she used to draw the Beer, and lay the Cloth - The Deceased told me she never had any Beer, but only Water - When she first came she looked something better than when she died, though from the first she was vastly thin, and emaciated: but when she was dead she looked like an Anatomy, as if she had nothing but Skin drawn over her Bones - I looked another time when she stood at the Table, and she had only a piece of cold Cabbage given her.

Q. But might not she have had Meat given her, before or after you looked?

Falkner. The Mother, and Miss Doney dined first, before I saw them give her any thing - We have a Charcoal dust Tub that stood by her Garret Door, and under this Tub my Maid used to hide Victuals for her - One Day a Roll as hard as Iron was thrown over from the Roll's Buildings into my Yard. I ordered my Maid to butter it, and put it under the Dust Tub; she did. I saw the Girl take it out, and eat it greedily.

Q. Did the Children work?

Falkner. Doney work'd with her Needle, but Charlotte did most of the House-work.

Q You say the Deceased was locked up in the back Room? Did not she (the Week before her death) go out with Charlotte to see my Lord Mayor's Shew.

Falkner Yes; they went out between nine and ten in the Morning, but I don't know what time they came home.

Q. Was not the Deceased walking about the House the Day before her death?

Falkner. My Journey-man told me she came down Stairs dangling her Arms, as if they were hung on with Wires.

Ann Falkner . In two or three Days after the Prisoner came to our House, the Deceased asked my Maid for Victuals - Once I saw the Deceased come from my Closet, I asked her what she had been there for; she owned she took a piece of Bread - We used to put Victuals for her under the Dust Tub.

Council. When you gave her any Victuals did she eat it?

A. Falkner. She used to cram it in her Pocket -

Q. And would she have done so if she had been ready to starve.

A. Falkner. I have peeped through the Crevice, and seen the Prisoner give the Deceased Beef - and Pork - and Cabbage. But I think not sufficient.

Q Do you know any thing of her being locked up?

A. Falkner. The Mother, and Miss Dony used to go to Market, and when the Basket Woman came with the Meat, Miss Charlotte used to lock the Door while she came down to the Woman.

Q. Who is at the Expence of this Prosecution?

A. Falkner. The Parish, I think.

Q. Who applied to the Parish?

A. Falkuer. I do not know - I went out on Friday Morning, and when I came home, my Girl, said, she believed Miss Nanny was a dying. Mrs. Funnel who likewise lodges in my House, went and knocked at the Prisoner's Door, and said, Miss, How do you do? Answer, was made, she is dead! Mrs. Funnel, clapt her Hands, and said, O ye wicked Devils! are ye not ashamed to starve the Child to death? The Thing was soon noised about. and I went for the Searchers. When they came the Deceased was in bed, and they gave their Opinion, starved to death - The last Victuals I gave the Deceased, was two Months before she died. It was Bread and Cheese, and she pinned it up in her Petticoat for fear her Sister should take it from her - The Searchers said, the Bed was very clean, but not thick enough.

Q Did you ever complain to the Prisoner, of her keeping the Child without sufficient Food?

A. Falkner. Yes; I have said to her, Miss, looks very poorly, is she not well? and she answered, Yes, very well, she eats more than Doe. I said no more, for the Child had begged me not to tell her Mother, because her Mother would beat her, as she did sometimes. When she told me that, I said to her, Miss Nanny, you are a great Girl. and if your Mother beats ye, I wonder I never heard you cry. Madam, says she, my Mamma stuffs her Handkerchief in my Mouth when she eats me.

Mary Scot , Servant to Falkner We mist Victuals out of the Cupboard, the Deceased owned she took it. Then the Cupboard was locked and after that she always asked me for Victuals whenever she saw me. I have put Victuals under the Dust Tub, and seen her eat it greedily. I have peeped through the Crack, and seen her standing, when her Mother, and Doee were at dinner with boiled Pork, and Turneps, and saw them give her Turneps, but no Pork - I cannot say, but they might have given her Meat before I looked - I found a hard Roll in our Yard, and laid it under the Dust Tub for her, but did not see her eat it. On a Saturday, when her Mother has been gone out, her Sisters have locked her in, and come down to me to drink Tea.

Q. What is that to the Prisoner?

Mary Scot, But the Girl has complained to me, that her Mother starved her.

Q. Where did her Mother keep the Victuals?

Mary Scott. In the Kitchen.

Q. Was it lock'd up?

Mary Scot, The Kitchen Door was - sometimes.

Q. Could not the Girl get into the Kitchen?

Mary Scott Yes she used to go in to wash her Hands, and she might have got at the Victuals, but she said, she durst not meddle with it, for fear her Mother should beat her. - When the Prisoner's Son Charles Rivers (between thirteen and fourteen Years old, come home to her, she lock'd him up too, in the Garret, and he complain'd to me that he wanted Victuals, and said he had nothing but Bread and Water.

Q Why did she lock him up.

Mary Scott Because he had run away twice from his Master a Jeweller.

Susan Robinson . I lived at Edmonton, I nursed the Deceas'd and the Prisoners other Children. The Deceased was with me from a Month old till she was above thirteen Years Old, and she was very Healthful. When their Father Sir Geo Rivers dyed, (which was a Year ago last August ) they went home to their Mother who then lived at Tottenham High-Cross - Sir George went by the Name of Thorn, and the Prisoner and he lived together as Man and Wife - I went to see the Deceas'd on Twelfth-Day, and asked her if she was well. Her Mother said, Yes, she Eats and Drinks and Sleeps Well. In March following she ran away from her Mother, and came to my House at Edmonton. she look'd like a Beggar and very thin and Poor, tho' she was a healthy plump Girl before. She complain'd that she had nor her belly full, I gave her some Victuals, and she Eat it very well, but as if she had been Starved.

Q Were not the Prisoners Circumstances reduced, upon the Death of Sir George?

Sus n Robinson. I can't say as to that: But while I kept the Children, she saw them two or three times a Year, and she then behaved as a Mother should do.

Q. Do you know Mr Elleker, who married a Daughter of Sir George's?

Susan Robinson . When Charles Rivers left his Mother he came to me, and has Boarded with me. Mr. Elleker told me he believed I should be paid for maintaining of him.

Mr. Buxton. I was present when Mr. Holloway and Mr. Freake opened the Body, and Mr. Freake found two or three Ounces of something in the Stomach, which he said look'd like a Cordial Draught.

Mr. Holloway. deposed that he found the Body much distempered, and by the Symptoms he believed the Death of the Deceas'd might proceed from Natural Causes, and not from want Food.

Defence.

Dorothy Thorn . My Mother always shewed the like Favour and Affection to the Deceas'd, as to me and my other Sister. The deceas'd had the same Food as we, and the Victuals was never lock'd up from her. She lay with Charlotte on a good warm Feather-Bed, in the warmest Room in the House. Indeed there was no Bedstead, but a double thick Cloth under it. She always look'd thin, but never complain'd of ill Usage, I never lock'd her in, nor knew that she was lock'd in. I never heard Mr. F. nor his Wife complain that she wanted, but indeed I have heard them say she looked thin. I told them she had a good Stomach, and wanted for nothing. I never heard them complain of her pilfering their Victuals till after she was Dead - Sir George Rivers was my Mothers Husband - My two Sisters lived with Nurse Robinson, but I lived at Home - On the Death of Sir George, my Mother's Circumstances were reduced. But we had always Victuals enough. The deceas'd complain'd of a pain in her Legs, on the Wednesday before she dyed, and on Thursday she complained of all her Limbs. My Mamma sent for some Mutton to make her some Broth, which I did, and she eat three parts of a Bason full - in the Afternoon we had Tea. And I advised her to go to Bed, and so she did; and my Sister Charley went to Bed with her. we thought it was only a Cold and so we did not send for an Apothecary, but my Mother gave her some Ale with Brandy and Sugar in it - She was Ill but one Day, and dyed at Ten a Clock on Friday Morning - There is a Law-Suit between Sir George's other Children and us.

Q Has your Mother any Estate for Life?

Dorothy Thorn . We don't know till the Law-Suit is Ended.

Charlotte Thorn . Depos'd to the same Effect and added - I don't believe in my Conscience, that she suffered any thing by Severity. I and my Sister were with her when she dyed. we did not call my Mother to see her dye because my Mother was Subject to Fits, and yet my Mother fell into Fits when she heard it.

Mr. Freake. The Surgeon depos'd to the same Effect, as Mr. Holloway had done.

Ralph Harwood , Esq; I have known the Prisoner ten or twelve Years in Tottenham; she visited my Family in her Husband's time, and always behaved very modestly. The Gentleman went by the Name of Thorn, and lived in a handsome manner, at the Rate of two Hundred Pounds a Year. They were visited by Lord Colrain, and the best of the Parish She was a most indulgent tender Mother that ever I saw; nor did I ever see a more sober and sedate Woman, and was company for the best in the Parish - 'Tis an unaccountable Prosecution. These two Children came home since her Husband died, and her Circumstances being then reduced, she lived more privately - She was as good a Woman as the best in the Parish. Since she was committed to Newgate, she has lain on the Commonside, and been reduced to the utmost Straits rather than make her Case known.

Mr. Marsh. I have known her twenty Years, she was often at my House in Friday-Street, and I at hers at Tottenham, she was as much of a Gentlewoman, as ever I convers'd with. Her eldest Daughter used to be drest up, and visit with her; but the other two were at nurse, and drest plainer: She was no way cruel, angry, or hasty; but meek and tender; and I can't believe it posible, that she would starve her Child; and I saw no manner of Distinction, that she made of her Children.

Mr. Husband. In the twenty Years, that I have been Minister of Tottenham, she behaved well, was frequent at Divine Offices, came to Church and received the Sacrament, and was respected by the best part of the Parish; I never heard that she was unkind to her Children, and can't believe she would starve any of them - I am sure I was mightily supriz'd to hear such a Report.

William Evans , Apothecary at Tottenham. All the Children have been under my Care: she was very indulgent to them, and often sollicitous in enquiring after their Health when they had the small Pox. I saw no partiality, nor could discern which of them was most her Favourite.

Mrs. Dormer. I have known her twenty Years; she lived seventeen Years at my Father's House. I frequently visited her, and she me; she kept one Child at home, but the rest were at nurse till a little before Christmass; she often went to see them, and shewed a Concern when she heard they were ill - One time when the Deceased was not well, the Prisoner came to me, and said, poor Nanny has been very bad all Night with a violent Purging - and she desired me to lend her a Bottle of Red-Wine for her.

Several others were ready to speak to her Character, but it was thought unnecessary.

The Jury acquitted her. And the Court granted her a Copy of her Indictment.

48. Ralph Refue , was indicted for privately stealing one Guinea , from the Person of Edward Lerougetell , December 3 .

Edward Lerougetell. Between four and five in the Afternoon, as I was coming down the Minories, the Prisoner stooped before me, and took up a Shilling, and asked me if it was not good. I told him I could not tell. He washed it, and said, he believed it was, and invited me to go and drink with him, but I refused, and told him I had Business to do. I went to the White Hart, and paid for a Gun, and Gun Barrel. And when I came out with my Goods, the Prisoner again invited me to drink. I still refused, but he still kept me company, and asked me what Countryman I was, and where I lodged. I said I came from Jersey, and lodged at John Simmons 's at Green Bank. He said, he was going that way I had got a Bible, &c under my Arm; it was going to slip down, and I went to save it, upon which, he took it from me, and would needs carry it for me. When he had got it, he went into an Ale-house the Half-moon and Star in East Smithfield . I was obliged to follow him for my Bible. As soon as I went in I found another Man who was his Acquaintance, and they two went to Cards. The Prisoner sat close by me, and asked me to Cut. I told them I did not understand Cards, and had no mind to meddle with them. But however, they persuaded me to lay a Shilling upon the Game. I lost that and another, and then I won three Shillings, and at last I ventured fourteen Shillings out of a Guinea that I had in my Pocket. I grew very uneasy, and wanted to be going. I put my Hand in my Pocket to pay, and had got the Guinea between my Fingers, when the Prisoner husseld my my Hand, and said sit down, but presently I mist my Guinea The Prisoner, and his Companion jumpt up. The Landlady shut the Fore-door, and opened the Back Door to let them out. I went to follow them, but she stopt me, and said, I should pay the Reckoning before I went, or else I should leave my Goods. I accordingly left Goods to the value of thirty Shillings, and then pursued the Prisoner, and seized him in Nightingale Lane, and brought him back to the House, where when I came, they put out the Candles, and I fearing some mischief, shriek'd out. At last I got a Constable, who carried the Prisoner before the Justice. The Prisoner told him that I laid the Guinea in the other Man's Hand.

Prisoner. And so you did.

Edward Lerougetell . No. I did not. The Justice sent for the Landlady, and she said she saw no such thing. Then I must go back to the House to secure my Goods. So we all went back, and the Prisoner gave the Woman a Guinea, and said, Change that, and let's drink to my Reformation.

Benjamin Simpson . When the Prisoner was first at the House he had no Money, that I saw, but when he returned, he gave the Landlady a Guinea, and bid her change it, and drink to his Reformation.

The Jury found him Guilty . Death .

49. Jane Miner , was indicted for stealing a Watch value four Pound, a pair of Breeches value ten Shillings, and two Shillings and six Pence, the Goods and Money of John Dickson , in his House , March 10 .

John Dickson. I went to an Ale-house in Drury Lane, where I met the Prisoner. We drank together, and went to another Ale house in Long Acre, where we staid till past twelve at Night. She said then it was so late, that she should be locked out of her Lodging. I told her she should be welcome to lie in my Maid's Bed. So we went home together. I took her to the Maid's Bed. She asked me where I lay, and I shewed her; she said she liked that better, and so without any more to do, she undrest and went into it. I told her I would not lie out of my own Bed; she answered, I might do as I would, but for her part she would stay where she was. I found there was no remedy, and so I went to bed to her. When I awaked in the Morning, my Lady was gone, and had taken my Breeches with her, and all that was in them: she could not get out at the Yard Door, but by the help of a Ladder, she found the way over the Wall. It was six Months before I could find her again; and then she confest where she had sold my Watch, and to whom she had given my Breeches. Guilty 39 s.

[Branding. See summary.]

50, Charles Mechlin , was indicted for the Murder of Thomas Hallam , by thrusting a Stick into his left Eye, and thereby giving him one Mortal Wound of the Breadth of a quarter of an Inch, and Depth of one Inch and a half, May the 10th . of which mortal Wound he languished till the next Day and then Died .

He was a Second time Indicted on the Coroner's Inquisition for the said Murder.

Thomas Arne . I have the Honour to be Numberer of the Boxes of Drury-Lane Play-house under Mr. Fleetwood - On Saturday Night I deliver'd my Accounts in the Property-Office, and then at eight at Night I came into the Scene-Room where the Players warm themselves, and sat down in a Chair at the end of the Fire - Fronting the Fire there's a long Screen where five or six People may sit. The Play was almost done and they were making Preparation for the Entertainment, when the Prisoner came in and sat down next to me. And high Words rose between him and the Deceas'd about a Stock-Wig for a disguise in the Entertainment, the Prisoner had play'd in this Wigg the Night before, and now the Deceas'd had got it. D - ye for a Rogue, says the Prisoner, What Business have you with my Wig! I am no more a Rogue than your Self, says the Deceas'd. Its a Stock Wig and I have as much right to it as you. Some of the Players coming in, they desired the deceas'd to fetch the Wigg and give it to the Prisoner. The deceas'd having found another Wig, he fetched the Wig in dispute, and gave it to the Prisoner, and said to him, Here is your Wig, I have got one that I like better. The Prisoner sitting by me, took the Wig, and begun to comb it out, and all seemed to be quiet for half a quarter of an Hour. But the Prisoner begun to grumble again, and said to the Deceased, G - D - ye for a black Guard scrub Rascal, How durst you have the Impudence to take this Wig? The Deceased answered, I am no more a Rascal than your self. Upon which the Prisoner started up out of his Chair, and having a Stick in his Hand, he gave a full Longe at the Deceased, and thrust the Stick into his left Eye, and pulling it back again he looked pale, turn'd on his Heel, and in a Passion, threw the Stick in the Fire. G - D - it! says he, and turning about again upon his Heel, he sat down. The Deceased clapt his Hand to his Eye, and said it was gone through his Head: He was going to sink, and they set him in a Chair. The Prisoner came to him, and leaning upon his left Arm, put his Hand to his Eye, Lord! cryed the Deceased, it is cut. No, says the Prisoner I feel the Ball roll under my Hand. Young Mr. Cibber came in, and immediately sent for Mr. Coldham the Surgeon.

Prisoner. Did I shew any Concern afterwards.

Arne. I believe he was under the utmost Surprize, by his turning about, and throwing the Stick in the Fire, and he shew'd a further Concern, when he felt of the Eye-Ball.

Thomas Whitaker . I am a Dresser in the House, under a Comedy player. On the Fryday Night the Prisoner asked me to lend him a Comedy-Wig to play Sancho, in the Fop's Fortune. And the next Night, the Deceas'd came and asked me for the same Wig. I told him I had it not, and bid him go to the other Dresser - As I was afterwards waiting in the Hall for my Money, the Prisoner came in, and asked the Deceas'd for the Wig, the Deceas'd answered that he should not have it, and the Prisoner reply'd, you're an Impudent Rascal, and ought to be can'd for your Impudence. Mr. Mills, who was acting Juba, came and said. What's the matter with you? We can't play for the Noise you make, the Prisoner answer'd, This Rascal has got a Wig that belongs to me. Mr. Mills said to the Deceas'd, Hallam, don't be impertinent, but give him the Wig. Hallam still refused, upon which, the Prisoner said, G - D - ye, such little Rascals ought to be made an example of, and so turn'd out of the Room. I being drest in Shape, went up, and undrest. Mr. Woodford bid me bring down a Scimitar, which I did, but, when I came down I could not find him, and so I went into the Scene Room: The Deceased was then standing still between the Door and the Settle. The Prisoner was about three Yards from him, and starting up, he made a sudden Longe (whether stepping or running, I can't say) the Deceas'd clapt his Hand to his Eye, and made a Reel, as if he was throwing himself into the Settle - The Prisoner seem'd to relent.

Mr. Cole. The Deceased came first into the Scene-Room, and complain'd that the Prisoner had used him ill about a Comedy-Wig. The Prisoner soon followed, and said the Deceased had used him ill and impertinently, and he insisted upon having that Wig - They went out separately. The Deceased came in again. Mr. Fabian, the Author of a Farce to be acted that Night, Mr. Mills, and others, advised the Deceas'd to see the Prisoner have the Wig, and Mr. Kitchin the Property Man promis'd to help him to a better. The Deceased fetch'd the Wig and gave it to the Prisoner, and then Mr. Kitchen gave another Wigg to the Deceased. The Deceased held out this Wig to shew it, and said he lik'd it better than the other, you saucy impertinent Rascal, says the Prisoner, I wonder how such a litle Scoundrel dared to take a Wig out of my Dressing-Room; the Deceased told him, he had it of the Dresser - D - ye you Dog, says the Prisoner, do ye prate? And rising up from the Settle, he push'd at the Deceased, who then stood stock still, between me and the Settle - I was so near him, that I was afraid my own Eye would have been hurt; he reel'd, and I catched him in my Arms.

Council. Who does the Dressing Room where the Wig was kept, belong to.

Mr. Cole. Not to the Deceased.

Q. Has every one a particular Room to dress in?

Mr. Cole. There were three or four who drest in that Room, but the Deceased did not belong to it. But he said the Dresser gave him the Wig - I believe the Dresser's Name is Greenwood.

Francis Lee . The Deceased came into the Scene-Room, and said the Prisoner had used him like a Pick-pocket, about a Wig. Mr. Mills. and the Author, and others advised him to go up and fetch him the Wig; he went out, the Prisoner came in, and said the Deceased was a Scoundrel; the Deceased came in, and gave him the Wig: Mr. Kitchen call'd the Deceased to the end of the Room, and lent him another Wig; he shew'd this Wig, and said he would not change with the Prisoner, for he had got a better: The Prisoner answer'd, you are a Scoundrel for taking it at all. The Deceased reply'd, No more a Scoundrel than your self. Some other Words passing, the Prisoner rose up, and I think said, D - ye, you little Dog do ye prate, and then gave him the Blow. He clapt both his Hands to his Eye, and cry'd, O' Lord ! I believe my Eye is put out, and would have fal'n in the Fire, if Mr. Cole had not catch'd him. When he was set down, I asked him how he did; Lord! said he, I believe my Eye-ball is shev'd to the other side of my Head. I believe the Prisoner had him by the Hand, all the while the Surgeon was dressing him - He lived 'till six the next Night.

Ellis Roberts . I came in, when the Deceas'd had receiv'd the other Wig. He said he liked this as well as that the Prisoner had. You are an impudent Scoundrel, says the Prisoner, for taking it out of my Shift (that is, his dressing Place) - No more a Scoundrel than your self, says the Deceas'd, and you are one for calling me Ye impudent Rascal, do you prate? reply'd the Prisoner, and rising up, made a Longe, and push'd at him.

Thomas Salway . I was sitting at the end of the Settle, which will hold five or six People. The Deceased stood by me, and said, If he, (the Prisoner) had had a mind for the Wig, he might have asked me for it in a civil Manner, and not have attack'd me like a Pick pocket. The Prisoner said, you lie; the Deceased return'd I don't lie, or else, you lie; upon which, the Prisoner got up, and I think made one Step, and said, ye little Rascal do ye prate? or some such Words; and then made a push at him with a stick, which enter'd his Eye, and made a Noise like a squashing. He clapt his Hand to his Eye, and the Blood ran down his Face; he totter'd; but I was so shock'd and frighted that I had not power to catch him, but went out of the Room: When the Push was made, he was standing still, about three Yards from the Prisoner.

Council. Did he aim at any particular Place?

Thomas Salway . He seem'd to be in too great a Passion for that.

Prisoner. Was it not a Stick necessary for my part, as a Spanish Servant?

Thomas Salway. Yes - The Deceased stood close to my right Shoulder.

Prisoner. Which side of him was towards me when I pushed?

Thomas Salway. His full Face.

Prisoner. Did not you say, What a passionate Man are you to do this Mischief? and did not I answer, Good God! What will not a Man do in Passion, when he knows not what he does?

Thomas Salway. There might be such Words.

Mr. Coldham. Surgeon. On the tenth of May, in the Evening, I was sent for, and drest the Deceased - He died next Day, and I opened the Skull, and found the Stick had passed through the thin Bone that contains the Eye, into the Brain - That Bone is extream thin, and can make but little resistance. Had the Blow been elsewhere, it might have had a less fatal Effect. I was astonished that a Man should die by such an Instrument - when I first attended him, the Prisoner shewed much Concern, and desired me to take all possible care of him.

George Carpenter . I know nothing of the Affair, but only was bound over to prosecute, because he had no friends.

Defence.

Prisoner. I plaid Sancho the Night before, and the Wig I then used was proper for the New Play, and absolutely necessary for my Character; the whole force of the Poet's Wit depending on the lean meagre Looks of one that wanted Food. This Wig therefore being so fit for my purpose, and hearing that the Deceased had got it, I said to him, You have got the Wig I plaid in last Night, and it fits my Part this Night - I have as much right to it as you have, says he. I told him I desired it as a Favour: he said, I should not have it. You are a Scoundrel, says I, to deny me, when I only ask that as a Favour, which is my right. I am no more a Scoundrel than your self, says he, and, and I went to the Prompter's Door to see for Mr. Cibber. Mean while the Deceased went into the Scene Room, and said, that I had used him like a Pick-pocket - The Author persuaded him to let me have the Wig, and the Property-Man brought him another Wig. He threw the first Wig at me. I asked him why he could not as well have done that before. He answered, because you used me like a Pick-pocket. This provoked me, and rising up, I said, D - ye for a Puppy, get out. His Left-side was then towards me, but he turned about unluckily, and the Stick went into his Eye. Good God! says I, What have I done! and threw the Stick in the Chimney. He sat down, and said to Mr. Arne's Son (who was drest in Women's Cloaths) whip up your Coats ye little Bitch and Urine in my Eye; but he could not, and so I did. I begged them to take the Deceased to the Bagnio, but Mrs. Moore said, she had a Room where he should be taken care of. I had then no thought that it would prove his End, but feared that his Eye was in Danger. But next Morning I saw Mr. Turbut, who advised me to keep out of the way, or I should be sent to Jail - I begged him to get the Assistance of a Physician, and gave him a Guinea, which was all the Money I had - From the Beginning of the Quarrel to the end, it was but ten Minutes, and there was no Intermission.

Robert Turbut . I had played that Night, and was in the Scene Room when the Deceased came in, and seemed flush'd, and said, Mechlin has used me like a Pick-pocket. I had this Wig of Mrs. Greenwood, the Dresser, and now he wants it; but I think it is as proper for my Character as for his - The Prisoner then came in, and demanded it. Upon which, in a merry way, it was put to the Question, which of them should have it, and it was agreed that the Prisoner should. Mr. Kitchen came in, and said, Here is another Wig. The Deceased then tost the former Wig to the Prisoner, who said to him, why could not you have done this before. He answered, because you used me like a Pick-pocket - You lye, says the Prisoner; and you lye, says the Deceased - You are a Scoundrel, says one, and You are a Scouudrel, says another. At last the Prisoner rising up, said, Ye Puppy, get out, and pushed at him, but I believe not with any particular Aim.

Mr. Rich, Mr. Fleetwood, Mr. Quin, Mr. Ryan, Mr. Thompson, Mr. Mills, Mr. Lessley, Mr. Black, Mr. Fern, appeared to the Prisoner's Character, and deposed that he was a Man of a quiet and peaceable Disposition.

The Jury found him guilty of Manslaughter .

[Branding. See summary.]

50. Thomas Jones , was indicted for stealing seven Pound of Sugar , the Goods of Thomas Freeman , October 30 . Acquitted .

51. Andrew Colly , alias Coney , was indicted for stealing one hundred and fifty Yards of Hessins , the Goods of Persons unknown, December 8 . Acquitted .

52. John Read , was indicted for stealing a Jack, and a Jack Weight , the Goods of Thomas Darlow , October 10 . Acquitted .

53. John Clark , and Thomas Seal , were indicted for assaulting Daniel Pierce , in a certain Foot-passage (in the House of Francis Waters , in Water Lane, Fleet Street ) putting him in fear, and taking from him four Guineas , September 12 . Acquitted .

54. Hester Robinson , was indicted for stealing a silver Spoon , the Property of Francis Waters , Octo. 23 . Guilty .

[Transportation. See summary.]

55. Ann Edmonds , was indicted for stealing a Boy's Coat , the Goods of John Duby , October 14 . Guilty .

[Transportation. See summary.]

56. Ann Brett , was indicted for stealing two Sheets, two Blankets, a Curtain, a Chamber pot, a Plate, and a Pail , the Goods of Mary Newman , November 4 . Acquitted .

57, 58, 59 Henry Belmosset alias Belmoorshead , and Jane Stone , were indicted with Robert Sears , not yet taken, for stealing three Gowns, three Petticoats, a Camblet Cloak, a Jacket, two Shirts, four Shifts, and an Apron, the Goods of Sarah Ackers , in her House , November 19 ; and

60. Martha Weston , was indicted for receiving four Shifts, and one Shirt, part of the said Goods, knowing them to be stolen .

Sarah Ackers . At five in the Evening, I locked my Stair Foot Door (but not the Street Door) and went over the way. I returned about six, and found my Stair Foot Door open, and a Gown upon the Stairs. Coming into my Room I mist my Goods, and found a Man's Hat upon the Floor. I was informed that Sarah Miller (who buys and sells in Rag Fair) had pawned such Goods as I had lost. I met with her, and she told me she had them from Belmosset, and Sears. I found some of them pawned at Mr. Martins, against White Chappel Church. Some she sold to the Prisoner Weston. The Constable went with a Warrant to search for the rest, at the three Blue Balls in Mansell Street in Goodman's Fields, but the Pawn-broker would not let him search.

Sarah Miller . Belmosset, and Robert Sears , and Jane Stone , came into Well-street, Rag-Fair, at seven or eight at Night, and desired me to sell these Goods. It was too late to sell them, and so Belmosset gave me and Jane Stone a Shilling a-piece to pawn them. I sold four Shifts and a Shirt for four Shillings, to he Prisoner Mary Weston , who keeps a Lodging House. Some I pawned at Martins, and Jane Stone pawned the rest at Peter Harrison 's - I think his Name is Peter - a Pawn-broker by the New Play-house in Goodman's Fields - He would not let us search for them - afterwards, though we had Justice Farmer's Warrant. *

* See the Trial of Lydia King , above

Mr. Brain. I took Miller and Belmosset. He drew a Knife upon me, and swore D - his Blood he would not go with me - I told him he was charged with breaking open a House in Wapping. He said I need not tell him that, for he knew what it was for.

James Canny . I had a Warrant against Sears, and - Orchard, for another Fact, and they were carried before Justice Farmer, but no body appearing to prosecute, they were discharged. But this House being robbed, the Justice sent me to enquire for these Men, and Martha Weston - I happened to see Belmosset just as Mr. Brain had seized him, and so I assisted to secure him. He swore D - him he had nothing of the Goods, but an old Cloak, and a Shilling. We went to Martin the Pawn-broker, and he readily shewed us what Goods he had. But Harrison refused to let us search, though we had a Warrant; and he told us, if the Justice himself was to come he should not search his House.

Belmosset was found guilty to the value of 4 s. 10 d. but Stone and Wheston were acquitted .

[Transportation. See summary.]

61. , Pencil-maker , was indicted for stealing four Deal Boards , the Goods of Thomas Edwards , and Joseph Martin , September 27 /.

The Jury acquitted him, and the Court granted him a Copy of his Indictment.

62. Benjamin Rushin , was indicted for stealing a pair of Men's Pumps , the Goods of Ralph Aldersly . Guilty 10 d.

[Transportation. See summary.]

63. Thomas Walton , was indicted for stealing fifty Yards of Plad, value five Pound , the Goods of William Major , November 26 . Acquitted .

64, 65. Catherine Dunwell , and Sarah Rilby , were indicted for breaking and entring the House of Henry Dunwell , the Father of Catherine Dunwell) and stealing four Shifts, and seven Shirts, the Goods of William Stevens , the Elder ; five Shirts, the Goods of William Stevens , the Younger ; and one Shirt, and Shift, the Goods of Henry Dunwell, December the tenth , at the Hour of five in the Morning, it being then Night .

Dunwell was found guilty of Felony , and Cilby acquitted .

[Transportation. See summary.]

66. Thomas Kelly , was indicted for privately stealing a Silver Hilted Sword, from the Person of John Perry , December 8 . No Evidence, acquitted .

67, 68, 69, 70, 71. William Wreathock , Peter Chamberlain , James Russet , alias Rushead , George Bird , the younger , and Gilbert Campbell . were indicted for assaulting Nathaniel Lancaster , Doctor of Laws , on the Highway, putting him in fear, and taking from him a Gold-Watch, two Iron Keys, six pieces of Foreign Silver-Coin, three pieces of Foreign Gold-Coin, and one Shilling and six Pence , June the 11th .

72. Gilbert Campbel , was a second time indicted for Perjury , in his Evidence given at the Tryal of Thomas Maccray , in July last.

Dr. Lancaster. On Wednesday the 11th of June, passing in a Hackney-Coach from little Chelsea , towards Buckingham-house , I was robb'd by a Man since known to me by the Name of Maccray, at seven Minutes past nine in the Evening. He took from me a Gold-Watch, two Keys, some foreign Silver and Gold Coin, and one Shilling and six Pence in Money, one Window of the Coach was drawn up (I think it was Canvas) so that I could not see if any Body was on that side. Maccray attacked me on the other-side between the Coach and Hedge, at his going off he bid the Coachman drive slow. When he was gone, I got out of the Coach, and saw three, four or five Men on Horse-back in the Road, I can't exactly say at what distance they were but I believe one might be about fifty Yards of, another a hundred, another two Hundred, and another three Hundred. I held up both my Hands thus to alarm them. They did not seem to regard me. but rode on towards London, which was contrary to the way which Maccray went. I met with some Persons on Foot, and told them I had been robb'd, I described the Man and Horse, and desired them to pursue him.

Wreathock. When Maccray was on his Trial for this Robbery, did you then mention that you saw any other Persons on the Road.

Dr. Lancaster. No, nor did I suspect that he had any Companions.

Campbell. Did your Reverence know the Faces of any of those People?

Dr. Lancaster. No, not one of them.

Campbell. Did you ever give any Money to Julian Brown 's Wife?

Dr. Lancaster. Finding Brown in a very weak Condition, I allow'd him Meat and Drink for his Subsistence, but no more than was absolutely necessary. I consulted some Lawyers, and looked into Law-Books myself on this Occasion. Brown's Confession was made before Col Deveil, before I knew any thing of it, and the Colonel advised me to go and see him. I said I had been so ill treated, that my Life was in danger, and I had often fled for it. However, I went, and I laid before Brown in the strongest light I was able, the danger of Perjury both here and hereafter He told me among other things, that Wreathock offered him One Hundred Guineas to kill me.

Wreathock. Did you ever see me before this Day?

Dr. Lancaster. No.

Wreathock, Did you never say, you believed none of us were ever guilty of Robbing on the Highway?

Dr. Lancaster. No.

Wreathock. Did you not jump out of the Coach immediately and give a Gardners Boy a Crown to pursue Maccray only.

Dr. Lancaster. I did promise him something to drink, he told me, that he saw the Man rob me, but there was not a Word said, as to what number of Men there were upon the Road.

Wreathock. Did not you and the Boy pursue Maccray to the Turnpike. - This I do to strengthen the Boys Evidence. -

Council. We shall now call Julian Brown - He still is in a weak Condition, his Voice is low and he speaks but bad English, but I hope if be takes time, and the People are quiet we shall understand him.

Julian Brown . I believe I can speak de Anglish so vel as to be understand, I ave know Wreatock Sis or Saven Mont - On de 11th Day of June. I go to his 'ouse in de 'atton Garden near eight in de Afternoon. He vas at his Door, and he say, I be very glad you come, I was justa now to go to your 'ouse. I say to him, vat you want vid me, and he say, take you dis Horse and ride slow to 'Oborn, and I shall over take you, and you shall meet to Shelsea Road, and dare vill be Maccray and Peter Shamberlain , and Jemmy Ruffit, and Campbell, and Bird, and You, and I. And den ve shall rob a Gentleman, and ave his Money. So I take a de Horse, and he meet a me by Moumot-street. and ve go togader to Shelsea-Road, and dare ve find Maccray first, and he say, Stand a you dis a vay at a distaunce. I vait for a Doctor in a Coash, and I shall rob him and ave his Money.

Wreathock. He can speak louder if he will, for as bad as he pretends to be, he eat a whole Fowl yesterday for his Dinner.

Council. I will ask you particularly, who was there with you in Chelsea-Road - Was Wreathock there?

Brown. Yes he was one.

Council. Name the Rest.

Brown. Shamberlain Two, Ruffit Three, Bird Four, Campbell Five, and I and Maccray, dat vas Seven.

Council. And are you Positive, these were all there?

Brown. Yes, very Positive - Wreatock ve call de General, because he gives Instrution - His Reverence de Doctor come in de Coash at seven minutes after Nine. His Reverence sit vid his Back towards the Horses, and dare vas a Gentleman and a Gentlewoman sit togader on de oder side, den Maccray come from de side of de Hedge and bid de Coash Stop! Stop! Den he clap the Pistole to his Reverence Stomack, and tell his Reverence to deliver vat he have, and I turn my Horses Head to look, and I see his Reverence deliver his Vash and Keys into Maccray's Hat. Wreatock vas den at a leetel distaunce, and Maccray run to him and trow de Vast into his Hat, Wreatock put it into his Vastcoat Pockate, and he say, ve must not go all togadar, and his Reverence come out of de Coath, and hold up his Hands, and cry Highwayman! Tees !

- I did see a leetel Boy by the Coash, but I no take mush notice.

Dr. Lancaster. I said to Brown, before I go on with this Prosecution, you must convince me by some private token that you was there. And then he told me this Sign, of holding up my Hands, and this encouraged me to prosecute.

Brown. Ven his Reverence 'old up his Hands, I vas so far from him as to dat Vall in de Yard. Shambarlain vas in de middle of us, and he say to Maccray, D - you, vy you no blow his Brains out - Ven de Coash was rob, I vas so far off as twice dat Vall in de Yard - Bird, Campbell, Wreatock, and Maccray go all four togadar, and Chamberlain and Ruffit, go togader, and they say to me, You go that vay, I go vid mine self, and miss no Gallop. Ven I come to Atton-Garden, I meet Wreatock, coming out of his 'ouse and he tye my Horse to his Rail, and ask me to Drink Vine at de Tavern, in de Corner of dat Street. Ve go dare and drink von Pint at de Door, Den he said, I have business, I must go in de City, and in a couple of Days you may call at my 'Ouse - So ven I came again, he say to me. God bless my Soul Tom is taken Yesterday - dat is Tom Maccray - and I told Wreatock, Vat you do vid de Vash, O, he said, it is to soon to sell it now, but in a leatel time, I will sell it and den everyone shall have a Share.

Bird Did you not on Maccray's Trial, Swear that you and Maccray were at an Alehouse in Holborn at the time this Robbery was committed?

Brown. Yes, I did, I don't deny it, but there, I forswore myself.

Q. How came you say so?

Brown. Wreatock, had all de Witnesses at de Kings-Head in 'Oborn, and said he you'd give five Guineas a piece to swear for Maccray, and dere vas to be six Witnesses in de Hall, and four in de Court, I said, it is very hard for me to forswear myself. And he answer'd G - D - ye! if you don't, dey will swear your Life away. But ven I vas Sick nine Weeks, I tink it vas a very vicked ting to rob his Reverence and forswear myself, and so I make de general Confession and Information to clear my Conscience.

Council. What time of Night was it when you was at the Tavern with Wreathock.

Brown. From Ten till Three in the Morning.

Council. I don't mean the Night when the Witnesses met, but the Night of the Robbery?

Brown. Ven I came to Wreatock's house vid de Horse, it was two or three minutes past Ten, and den ve go directly to de Tavern,

Campbell. Did we go towards London, or Chelsea?

Brown. I came directly home, for I turn'd myself and past de Coash, and dey took another way on de left Hand.

Q. Did Wreathock go by the Coach.

Brown. No, he was before it, and den dey vent to London and Maccray vid them.

Campbell. We shall contradict that.

Brown. Dere is no two suth Rogues in Europe to find false Vitness.

Wreathock. How came you acquained with me?

Brown. In your own House. Campbell brought me

Campbell. Did Mac Cray ride towards London when he had robb'd the Coach?

Brown. Wreatock, Campbell, Bird and Mac-Cray, all four come togader toward London.

Campbell. The Doctor swears Mac Cray went directly from the Coach the contrary way.

Brown. He might turn off anoder way, when he was out of my sight.

Wreathock. Did I or my Footman give you the Horse at my Door?

Brown. Wreatock did, and he give me two Pistols just as I go avay.

Q, How came you to make the Discovery?

Brown. I vas nine Weeks very ill and bad, and expect my self to die, and I tink it very hard upon my Conscience, to rob his Reverance, and to lose my Soul and forswear my self: So I sent for Justice Deveil, and he say to me, Take care - consider - recollect - speak noting but de Trute, I beg you, for it is a great matter. He tell me dis an Hour before he write - I sent for de Doctor, and his Reverance tell me, Speak de Trute, I beg you for God's sake, and noting else; and so he say, fivety times every Day - I make dis Discovery to comfort my Conscience, for I tink of God to be my Judge.

Justice Deveil. On the thirty first of October, while I was at Dinner with a Gentleman, a (Justice of the Peace,) I received a Letter from one Wolham a Prisoner in the King's Bench; I at first suspected it might be a Trap laid for me, but considering it was in a Prison, I took the Justice with me, and went. Wolham said he had a Man ready to carry me to Julian Brown ; when I heard his Name, I suspected a Design to murder me, but yet, as I was willing to know what he had to say, I took four Men well arm'd and the Justice with me, and went to Brown's House: I found him in a very weak Condition, he said he sent for me to take his Information; I charg'd him to be cautious, and not to accuse any Man wrongfully, for it was a Matter of the utmost consequence. He answered, that what he desired to do, was to purge his Conscience. I was above three Hours with him, tho' I could scarce bear the smell of him and the Room.

Wreathock. What's his Character?

Deveil. That he has been a very ill Man, but this was on his Repentance.

Juryman. Did the Doctor mention the signal before the Confession was made?

Dr. Lancaster, I never told that Circumstance to any one living, till after Brown's Confession.

Campbell. Brown might have that Signal from Mac Cray.

Dr. Lancaster. Mac Cray did not see that Signal.

Campbell. The Doctor lifted up his Hands to some Persons (as he himself has sworn) and they might speak of it to others.

The Defence of the Prisoners.

Wreathock. I have been an Attorney these eighteen Years, and have acquired in this Capacity a small Fortune. I have lived (in Hatton-Garden ) eleven Years, in as much Credit as Dr. Lancaster himself I kept two Clerks, a Footman, and Women Servants and have constantly been in a Hurry of Business, and therefore under no Temptation to hazard my Life, by robbing on the Highway. I was not taken, but surrendered my self, which it cannot be suppos'd I would have done, had I known my self to be guilty: It is not indeed impossible, but far from being probable, that seven Men should ride out together to commit a Robbery. Brown says he has known me six or seven Months; it 'tis six Months since this Fact was done, and 'tis unaccountable that on such a short Acquaintance, I should venture to accompany him in such an Expedition, and espe-cially that I should do this in a Place where I was likely to meet some that knew me for having an Estate at Fulham, I often pass'd that Road.

The Impatience of the Town for these Trials, obliges us to defer the Second Part for several Days.

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

Wednesday the 10th, Thursday the 11th, Friday the 12th, Saturday the 13th, and Monday the 15th of December, 1735. in the Ninth Year of His MAJESTY's Reign.

Being the First SESSIONS in the Mayoralty of the Right Honourable Sir JOHN WILLIAMS, Knt. Lord-Mayor of the City of LONDON, in the Year 1735.

NUMBER I. PART II.

LONDON:

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

M.DCC.XXXV.

(Price Six Pence.)

The PROCEEDINGS, &c.

WREATHOCK, none of us were ever charged with any thing of this nature, before the Birth of this execrable Device, for such I hope it will appear to be. 'Tis very strange that a Man should this foolishly, and without being under the least necessity, put his Life into the Power of others.

We should call the Coachman, the Gardener's Boy, the Turnpike Men, and others, to prove, there were not (tho' Brown swears the Truth there must have been) six or seven Men on the Road when the Robbery was Committed. And has to myself in particular, I shall prove that I was at the Kings-Head in Holborn from eight that Evening, till twelve at Night - What I observ'd as to the time of my acquaintance with Brown, has been only from his own Words but in fact, I never knew nor so much as saw him till about five Months ago, he was tryed in this Court for a Rape.

Campbell. The six first Witnesses we shall call are Persons who were upon the Spot, and their Evidence will be in behalf of us all.

Henry Duck , Coachman. I drove the Coach when Dr. Lancaster was robb'd. There was he and another Gentleman and a Gentlewoman in the Coach, but how they sat, or whether the Windows were drawn up or not, I cannot say. Just by the Coach side when the Robbery was committed there was a Soldier and a Woman, who went towards Chelsea after the Highwayman went away, and I saw no other Persons. The Doctor got out at Bloody-Bridge, where two Men met him. He spoke to them and he and they went towards Chelsea. After the Highwayman, I saw no Horses on the Road, till I came to London, and if there had been any I must have seen them for I turn'd my Head and look'd about. I know not the Day of the Month or Week, but it was between eight and nine a Clock. A clear Evening but duskish.

Campbell. I would ask the Doctor if this is not the Coachman.

Dr. Lancaster. I don't remember that I observ'd the Coachman's Face. But I afterwards saw such a Coach, and enquiring who drove it at that Time, the Master of the Coach produced his Man.

Council. Why did not you call him for a Witness at Maccray's Trial?

John Moore , the Gardener's Boy As I was coming out of the Red Lyon Ale-house in the Kings Road, at nine or little after, I saw a Man turn from the Coach, and I saw no other Horseman on the Road. I followed the Coach to Bloody-Bridge, where my Master lives, and where it stopt, and the Doctor got out, and told the Landlord of the House there, that he had been robb'd, by a single Highwayman, and said he would give a Crown a Piece to some Men to pursue him - There was a Soldier and a Woman hard by.

Wreathock. If there had been any Horsemen on the Road, do you think you should have seen them.

Boy. Yes, I must seen them, for the Road is but twenty three foot Wide.

Wreathock. Could not you see a quarter of a Mile, both Ways from the Lyon?

Boy. No, not above three hundred Yards, for it was dusky, and the Road is not Straight.

Juryman. Is there not one turning to Chelsea, and one to Chelsea-Common, near that House.

Boy. Yes there is - It was a Haizey Evening. and it had rained that Afternoon.

Q. To the Coachman. Did you see the Highwayman come out from the Hedge?

William Coats . Apothccary in Chelsea. I neither saw the Robbery nor the Coach, but Mr. Jones who keeps the White-Hart in the Kings-Road near Chelsea, came to me and said, a Gentleman at his House wanted to see me. I went with him and by the way a Man rid by us towards London, in such a manner that I suspected him, going a little farther I met two or three Men on Foot, in pursuit of him and presently after, I met the Doctor, who said he had been robb'd, and enquired if we had met such a Man, This was about one hundred and fifty or near two hundred Yards, from the place where I heard the Robbery was done. I saw no other Person on the Road - It was a clear Night but it had been rainy.

Richard Jones . (who was with Mr. Coats( depos'd, to the same Effect

John Baker . Attorney. I live in Fulham Parish. In the close of the Evening it was near nine a Clock ( but as light as it is now at half an hour past four) I went over the Fields with a Gentleman, on Foot from Hidepark Corner, and going towards Bloody-Bridge, there was a Crowd of People about the House. They said a Person had been robb'd presently a Horseman came full speed from Fulham. One of the Company said he believed that was the Man upon which the Gentleman who was with me, having a Bayonet at the end off his quarter Staff. Stopt the Horse and examined the Man. He told us he was no such Person as they took him to be, but that he had met a Man riding the other way - I saw no other Horseman on the Road.

Mary Lovell . I keep the House at Bloody-Bridge. I was sitting in my Kitchen, which is next the Road. and hearing a Coach stop I went to the Door. The Doctor came out of the Coach, and asked if I had any Men in the House, for the had been robb'd. My House was as far from where the Robbery was done as it is from hence to Newgate-street. I saw no body in the Road, but those that belong'd to the Coach, and a Soldier and a Woman that past by my Door.

Wreathock. As you sat in the Kitchen next the Road, if any Horsemen had past by, do you think you should have heard them?

M. Lovell. The Road is but five Yards broad in that place - it had been a dull wet Day.

John Thompson . I was Smoaking a Pipe at my Door, and talking to an old Man, when a Horseman came riding full speed, towards Fulham: Says I, that Fellow rides as if he were drunk or Mad - I saw no Horseman on the Road but him; two Men on foot came up, and said that Man had robb'd a Person, between the lion and Bloody-Bridge and that the Parson between the Red Lion and Bloody Bridge, and that the Person would give a reward for pursuing him, they pull'd of their Coats, and left them in my House - The Doctor than came up, and told us he had been robb'd. The Turupike is just above my House, and was open, I stay'd at the Door till ten at Night.

Richard Thomas . I was at the Red Lyon in the Kings-Road, and was called out to pursue a Highwayman, and on the promise of Crown, I followed to Fulham Bridge, but saw no Horses except one in a Chaise, and a Cart Horse, which a Man was riding on near Fulham.

Wreathock. On the eleventh of June, I attended the Court of to try a Cause before my Lord Hardwick, after which I went to Serjeant's Inn Coffee-House, where I stay'd from six 'till eight in the Evening, and went from thence, to the King's Head Tavern in Holborn, where I stay'd till twelve at Night - But before I call Evidence to prove where I was that Night, I would settle one Point. It has been sworn, that Mac Cray rid towards Fulham: Now I would once more ask the Doctor, whether when Mac Cray robb'd the Coach, he rode directly that Way or towards London.

Dr. Lancaster. He did not ride towards London, but he rid the other Way.

Wreathock. I thank you Doctor ! This is a full Contradiction to Brown, who swore that when Mac Cray left the Coach, he rid directly towards London.

Thomas Bullock , of Clement's Inn. On the eleventh of June in Trinity Term, I delivered a Copy of a Notice to Mr. Ray, Mr. Wreathock's Clerk.

William Ray . The Notice was delivered to me at Serjeant's Inn Coffee-House, between six and seven in the Evening. Mr,Wreathock coming in, I gave him this Notice, for executing a Writ of Enquiry - He was then concern'd in a Cause, between Lun and Ormond. He staid there 'till near eight, and then went out with Mr. Brookshank, and I saw him no more that Night - the Cause was try'd on the sixteenth of June; but the Entry was made in the Marshall's Book the eleventh of June.

I have lived Clerk with Mr. Wreathock twelve Years, he had full Business for three Clerks, by which he has got much Money, and is now worth two or three hundred Pounds a Year - He bears a very good Character.

John Totteridge . I live In Westminster, and have worked as a Carpenter to Mr. Wreathock, four Years. He told me he had a Mortgage on an Estate, in Little-Britain: The Houses not being finish'd, he asked me what it would cost him to finish them, and I computed it at two thousand Pounds: He said his was a second Mortgage, and he wanted some Goods upon the Premises to be remov'd, he desired me to do it on the eleventh of June, because that being a Holyday, the first Mortgagee could not then prevent it. Accordingly I got Assistance, and on the eleventh of June we moved the Goods from Little-Britain, to the Windmill Ale-House by Hicks's Hall. When this was done, we went to inform him of it: We found him at Mr. Lincolns the King's Head in Middle-Row Holborn. It was five or ten Minutes past eight when we came there, I supp'd with him upon Calves Liver and Bacon fryed, and staid 'till twelve at Night, and he was never our of my Company but once, when he stept into another Room to speak with a Gentleman - I am certain it was the eleventh of June, both by my Father's Books, and my own.

Abraham Brookshank . I have known Mr. Wreathock sixteen Years, and did Business for him. I made the second Mortgage; and afterwards waiting upon the first Mortgagee; I thought by his Discourse, we had Reason to fear a Writ of Execution, upon which I advised Wreathock, to move the Goods; which he concluded to do, on the eleventh of June, because an Ejectment could not be taken out that Day, it being a Holyday. In the Evening I was with him at Serjeant's Inn Coffee-House, At near eight of the Clock, we went from thence, to the King's Head Tavern: Between eight and nine, Totteridge and Whitman came in, and said, they had moved the Goods; we said 'till twelve, and then Totteridge and I went out at the Back-door. I went through Chancery-Lane, and coming to the Temple-Gate, I saw the Embers of the Bonfire, that had been made that Night.

- Whitman. I live at Fulham, and work for Mr. Totteridge. He told me. that on Wednesday the eleventh of June, he should want me in the City, to move some goods. We mov'd them accordingly, and then went to the King's Head, where Mr. Wreathock was: He said, you are in a miserable dirty condition- and so indeed I was, with moving the Goods = I wash'd my self, and then sat down. We sup'd upon Calves Liver and Bacon. I staid there in Mr. Wreathock's Company till between twelve and one. He has an extraordinary good Character.

Mr. Andrews. I live near the King's Head. I do not remember the Day of the Month, but the Day the Goods were removed, I went to that Tavern, and bid the Cook fry me some Liver and Bacon for Supper. She fryed some, but Mr. Wreathock coming in, I ordered her to do more - Wreathock and I supt together - two Workmen came, and said, they had removed the Goods - We staid there till twelve.

Gregory Big , the Drawer at the King's Head. Mr. Wreathock came in at eight a-Clock, and staid till past twelve, and I lighted him out - He had a Fry (as we call it) of Liver and Bacon - Totteridge came in very black and dirty, and went and washed himself. I am not sure what Day of the Month it was.

Margaret Lloyd , the Cook at the King's Head. Wreathock came in between seven or eight a Clock, and staid till past twelve. I drest the Liver and Bacon for Supper, and they supped in the Kitchen. Totteridge came in very black and dirty, and said he wanted to wash himself. I told him he had need have a whole Cistern of Water. I carried him a Candle. I don't know what Day it was.

Juryman. What Occasion was there for a Candle, at eight o' the Clock?

Wreathock. The Place had no Light.

Q. Is it usual for People to take a Candle when they go to wash themselves there?

M. Lovel. Yes at Night when it's dark.

Q. It was not dark at eight in the Evening on the eleventh of June?

Dr Butler. I have been his Physician eight Years, and have attended him in three Fevers. He bore a very good Character.

Thomas Poulter , Brewer, in Chiswell-street.

I have known him fifteen Years, I have employ'd him as an Attorney: He behaved as a very honest Man. I never knew, nor ever hear'd any harm of him.

John Searle . I have known him from a Child, and never hear'd an ill Character of him. He has employed me several times as a Proctor, and he paid me honestly.

Mr. Garnham, Richard Culson , Mr. Jones, Mr. Cook, Wiliam Wilson, William Rhodes , and others, deposed, that they had known him several Years, and most of them, that they had employ'd him as an Attorney, and they all said, he was a Man of a good Reputation.

* For Peter Chamberlain .

* Chamberlain, was a Witness for Mac-Cray, and swore he saw him take up the three Keys in a Bunch at Charing-Cross, on the twelfth of June; which Dr. Lancaster swore Mac Cray robb'd him off, and which were found in Mac-Cray's Pocket, when taken in White-Chapple.

Chamberlain. I am a heavy bulky Man, and very unfit to ride on Horse-back - I have several Friends to my Character.

Charles Horsey , of Clare-market, Mr. Thomas, Mr. Dews, Mr. Cooper, (formerly a Poulterer, but now a Victualler in Vere-street, Clare-market) deposed that they had known him several Years, that he had an honest Character, and that they had never heard he was charged with any thing of this kind before.

Edward Kennell , of Clare-market, deposed that he never heard he was guilty of Theft, but only that he had been wild.

For George Bird , the younger.

Bird. I shall prove where I was from three till eleven that Evening the Doctor was robbed.

George Bird , a Victualler, and Bailiff in Clare-market. The Prisoner is my Brother. On the eleventh of June, I went to Acton, and returned home at six in the Evening, when I found the Prisoner in my House, and he staid there till eleven at Night. It was a very wet Day, and when I came home, I shifted my Cloaths - I remember the Day, because the next Day he took a Bail Bond of Mr. Lampton, and that Bond was dated the twelfth of June.

Jonathan Gumey , Shoemaker. I was present when the Bond was filled up, but I did not read it.

Edward Chace , in Fox Court. The Prisoner is a Sheriff's Officer, he arrested a Man on the eleventh of June - here is the Warrant - I left him at five in the Evening at his Brother's House.

Christopher Higginson . On the eleventh of June, I was three times at Bird's House, and saw the Prisoner there. The first time was at noon, the second between four and five in the afternoon, and the third between nine and ten at night.

James Norton , George Lines , John Lewis , Robert Davis , Samuel Norton , Benjamin Pickering , John Burley , John Giles , Thomas Jones and James Agur , deposed, that they had known the Prisoner several Years, and that he had a very good Character.

+ For Campbell

+ Campbell was an Evidence for John Smith , who was tryed in February last for stealing the Money of Nicholas Pollamounter at the Angel Tavern the Corner of Sheer Lane. And at Maccray's Trial, Campbell swore he was at the Stagg and Hounds, a House in Holborn, with Ruffhead and Julian Brown (his two Clients) and Maccray, from six in the Evening till eleven at Night, on the eleventh of June; and that neither of them stirred out of the Room.

Francis Howard and William Salisbury , deposed, that he had a good Character

++ For Ruffet.

++ Rufhead was a Witness for Mac Cray, at his Tryal, and swore he was with him at the same House.

Edward Railton . I have known the Prisoner from a Child. I was Apprentice to, and afterwards Partner with his Father, who was in good Circumstances, and left him three hundred Pounds, and a Share of his Goods, He was a sober honest Lad - He has not been of Age above these five Months, but his Friends have let him have Money - He had Ten pound in March last.

James Hall - Evans , Robert Sanders , Joseph Griffith , John Lemon , John Ballard , William Briton , Tempest Brown and William Killingworth , gave him the Character of a sober honest fair dealing Man.

Justice Deveil. When Chamberlain was taken I prest him to be an Evidence. He said he was unconcerned in the Robbery, But as to what he swore at Maccray's Trial about finding the Keys he confest he was perjured - When Bird was examined he said he did not know Julian Brown . But finding that Brown knew him, he then said that Brown would not have known him but by his Frock, What! says I, had you that frock on when you committed the Robbery?

Dr. Lancaster. I heard Chamberlain own himself Perjur'd, and to confirm what I say, I desire Mr. Crofts may be called.

Mr. Crofts. Chamberlain being somewhat related to me, when I heard he was sent to the Gate-house, I was willing to have a little discourse with him, for which purpose I waited on Justice Deveil - I asked Chamberlain if he was concern'd in the Robbery. And his answer was, that he knew nothing of it. But says he, I was never more sorry for anything than I am for the Perjury, and kneeling down he added - As to the Perjury Wreathock is to blame. This I had in trust, and Mr. Deveil promised me that I should not be called upon to his hurt, I told this in Confidence to Dr. Lancaster, and I am much mistaken if he did not make me the same promise.

Mr. Deveil. Sir, it was not I that called upon ye to give Evidence to this.

Mr. Crofts. No Sir, but Doctor Lancaster did.

Dr. Lancaster. Upon honour, I made no such promise.

The Jury found all the Prisoners Guilty . Death .

72. Elizabeth Barker , was indicted for stealing a Gold Coral, with two Gold Bells, two Gold Shoe-Buckles, two Gold Rings, one Gold Spoon, two Silver Cannister-Tops and six printed Books , the Goods of Rebecca Freer Nov. 29th .

She was a Second time indicted for stealing two Gold Rings set with Diamonds one Gold Locket set with Pearls, one Gold Stay-hook, Ten yards of Silk and Lace, and twenty five pair of Gloves one pair of Gloves wrought with Gold and bound with Gold Lace, one pair of Gloves wrought with Silver and bound with Silver-Lace, seven China Saucers, three China Cups, three China Sauce Bowls, one China Punch-Bowl, two yards of printed Callico, two red Silk Aprons, a yard and quarter of yellow Silk Damask, one yard of Silk Pink Damask, three Silver Girdles, thirteen Silk Girdles, one pair of blue Silk Damask Shoes with Silver Lace, eight Cambrick Handkerchiefs, two Fans, one scarlet silk Night Gown, one yellow silk Night Gown, one yellow silk Petticoat, one pair of breeded Shoes, twenty eight ells of Linnen, eighteen yards of Cambrick, two pieces of Cambrick, two pieces of Muslin, one piece of Dimity, two Towels, and other things the Goods of Sir Wolstan Dixy , Baronet , November 28th .

First Indictment.

Rebecca Freer . The Prisoner lived eleven years with my Sister Elizabeth Freer in Russel-street. And when my Sister dyed which was in March last, the Prisoner went to live with my Niece Lady Dixy at Bosworth in Leicester shire , the Seat of her Husband Sir Wolstan Dixy, The Prisoner came from thence to London in August last, and the Goods mentioned in the Indictment were found at several places she had left them.

Mr. Herbert, Constable. These Goods I found at Mr. Smith's in Theobalds-Court Red-lion-Square. This parcel at Mr Bingham's in Drury-Lane. This at Mrs. Spericks in Bloomsbury-Market, an this at Mr. Medley's in Compton-Street St. Anns.

Mrs. Freer. I am Executrix to my Sister and as her Executrix this Coral and these Goods are mine.

Q. Were they never in your Possession.

Mrs. Freer. No.

Q. How long before her Death had you seen the Goods in her possession.

Mrs. Freer. Not for several Years.

Elizabeth Freer . I have often seen this Coral in my Mamma's Scrutore I saw it there just before her Death - This enameld Ring was my Mamma's. It was lost from her House seven or eight Months before she dyed. As for this other Ring, I can't say it was mine or my Mamma's because we had several such, I know nothing of the Buckles or the Canister-tops.

Q. Was not the Prisoner often entrusted with Madam Freer's things?

Mrs. Freer. Yes, my sister and all of us had a very good Opinion of the Prisoner till the Goods were mist - When Sir Wolstan was going into the Country, the Prisoner came to settle Accompts with me, there being five years Wages due to her at my sister's Death - I desired her to deliver me up every thing that belong'd to my sister. She gave me a Box, a Gold Ring, and three pieces of Callicoe, I asked her if she had any thing else of my sisters, and she said no.

Council. Did she say nothing about putting things up in a hurry?

Mrs Freer. No - When the Goods were found in her Custody, she said, that I bid her take every thing that was in the Drawers, and so she took those things among the Rest. I told her indeed she might take all her Lady's (my sister's) Linnen and when she brought the Gowns and Petticoats to me, I took what I thought fit, and gave her the remainder.

Council. At whose desire did you engage in this Prosecution?

Mrs. Freer. My own.

Council. Did you never declare that you did it at Sir Wolstan's desire.

Mrs. Freer. No.

Mary Smith . After the Prisoner left Sir Wolstan's Service she came to my House and told me Mrs. Freer, had taken 2 suits of Cloaths, a Black Velvet, and a White Damask from her, but she was even with her another way, for she had got a Gold Coral and a Gold Spoon. This was three Months ago, and about one Month ago she went into Essex. and left three Boxes at my House, In one of them this Coral and this Mourning Ring, was found.

Prisoner. I lived twelve Years with my Old Lady Madam Freer. I kept all the Keys, and was entrusted with every thing that was of Value in the House. After my Old Lady dyed, my Young Lady Married to Sir Wolstan Dixie. In a little time we left of House-keeping in Town, and the Goods were all pack'd up in great haste, to go to Sir Wolstan's Country-Seat in Leicester shire. And its very likely that I might, when we were in such a hurry and Confusion, put some of my old Lady's things among my own. The Night before we went away, I would have settled with Madam Freer (my old Lady's Sister and Executrix) but she said she had not leisure then, and she would settle with me when the Family came to Town again - Sir Wolstan turn'd me away suddenly, and I return'd to London in August last, but Mrs. Freer has never yet called in to settle the Account, and the Five Year Wages and other Money is yet due to mes.

Mrs. Freer. Tis true the Account is not-yet settled and I believe there is five Years Wages due to her

Mr. Herbet, Constable. I went down into Essex to take the Prisoner and when she was told that Sir Wolstan had sent Baron Thompson 's Warrant, she said Sir Wolstan need not have given himself that trouble, for if he had but sent her a Letter she would have come to him and let him have look'd over all her Boxes. Upon this, I took no Charge of her, but came away and left her to come as she thought fit, she took Horse and came to Town with a Friend of hers, without being in any Custody.

Mrs. Bainton. I knew her twelve Yeard when she lived with Old Madam Freer, anr, she always behaved in the best Manner and so much to her Mistress's satisfactiod that she left her a Legacy of Ten Pound Madam Freer dyed the 13th of March anron the first of May her Daughter was married to Sir Wolstan Dixy and they went directly to Lewisham. Sir Wolstan and his Lady came to Town again on Friday the rest of the Familiy came on Saturday. And on Sunday the Goods were pack'd up in a great hurry and Confusion, in order to set out the next Morning for Bosworth in Leicester-shire. The Room was strewed all over with Goods, and the Prisoner was putting them up in Trunks and Boxes, she said she scarce knew where to put things, and believed that by mistake she had put up some of her Lady's Goods with her own.

Mrs. Collins. I have known her eleven or twelve Years, she was House-keeper and Head-servant , and had the best of Characters from the Family.

When I heard she was in Newgate, I was amazed, and should as soon have thought of hearing the King was there - I live at the Colour Shop. in King's Gate Street.

Cornelius Maddox , Porter. I assisted her in cording up the Boxes, and Trunks. I said, Here is a great many Things, what must I do with them. Aye, says she, Here is a great many things of my Ladies, as well as mine, I think I will send them to Lewisham. But Mrs. Bingham, and Mrs. Smith, told her she might leave them at their Houses, and accordingly, the Boxes were carried to their Houses publickly.

Mrs. Wright, The Day Sir Wolstan went out of Town, the Prisoner said to Mrs. Freer, Mam, there is a great many things put up, but if in this hurry there should be any thing of my Lady's intermixt with mine, here are my Boxes, we shall not stay for ever in the Country, and when we return we will put all to rights.

Mr. Nelson, Jeweller in Bow-lane. I am related to Madam Freer - Since the Prisoner was discharged from Sir Wolstan's service, and before she was taken up, she called at my House, and said, she was going into Essex to see her Friends; that Mrs. Freer owed her forty Pound, and my Lady Dixy owed her one hundred Pound; that she believed in the hurry she had packed up some things belonging to the Family among her own, but when they came to Town she would settle with them, and look out what was theirs, and return them. Sir Wolstan's Family was then in Leicestershire, and Mrs. Freer was at Lewisham - The Prisoner had the Character of a very honest. faithful Servant, she was intrusted with the Jewels.

Mr. Smith, again. I was by when she was packing up the Goods in a great hurry: she asked me if she might send some of them to my House. I told her, yes, and welcome. No Body came to enquire after her, till Sir Wolstan came with a Constable.

Mr. Betts. I had her from her Friends, when she came about fourteen Years old, she lived with me two Years, and went from me to Madam Freer. I never heard a Word a-miss of her before, for she had an unspotted Character, and I always valued her for it.

Mr. Witham. I knew her before she lived at Mrs. Freers, she always bore a very good Character, without the least Aspersion.

Mrs. Preir. I have known her ten Years, she had a very honest good Character - I visited her Lady, who had a very good Opinion of her.

The Jury acquitted her.

Second Indictment.

- Herbert, Constable. These two Diamond Rings were found at Mrs. Smedley's; this Gold Locket and Gold Hook at Mrs. Smiths.

Mrs. Freer. Both these Diamond Rings were Lady Dixy's, but I do not know the Locket.

Miss Freer. This Ring was lost a Year ago by Lady Dixy. The Prisoner said she had lost two Moidores, and her own Ring, and this, and that she believed one Mark Sayer , had taken them; but this Ring was found in her Box - This Gold Hook was Lady Dixy's, and this Locket is hers, it was given her by Sir Wolstan, and she said she would never part with it.

Herbert. Here is a parcel of China-saucers, three Cups, three Sance-bowls, and one Punch-bowl - but several of them are broke.

Sir Wolstan Dixy. This Locket was my Mother's, I believe there's my Grand-mother's Hair in it. I gave this to my Wife, with a Picture of one of my Ancestors (set in Gold) who was Father to the Lord-Mayor of London in 1585. I gave it to her in Leicestershire in July last, and have never seen it since: she said she would never give it away - I lost eleven Shirts, and fourteen pair of Stockings. This China was found at Smith's, all but one sauce Bowl, and that was at Smedley's; the last time I saw it, was at Bosworth Park. That Punch Bowl had a Cover, and cost me three pound; it was crack'd, but not broke when I had it last. This Blue Winesauce Bowl was whole in August. My Wife had a Respect for the Prisoner at first, but soon grew sick of her, for she used to sit up till two or three in the Morning, for which, and other Reasons, I was resolved to part with her: she was seven Days or more in packing up her Things: she endeavoured to keep out of my sight, but I met with her on Sunday, and told her she should go the next Morning: so she sent away six Boxes, and Trunks of Goods to the Waggon before I was up -

Herbert. Here is ten Yards of silk and stuff Lacing, twenty five pair of Gloves, one pair trim'd with Gold, and one pair trim'd with Silver, part of these were found at Smedley's.

Sir Wolstan. This Lacing is the Remainder of what went round my White Damask Curtains in Leicestershire - The Gloves I cannot swear to, but I have paid twenty pounds for Gloves since I was married.

Mr. West, a Glover. I know one pair of these Gloves, but I cannot tell whom I sold them to.

Council. Two Yards of printed Callico.

Sir Wolstan. This I had in the Country before I was married.

Council. Two Red-silk Aprons.

Sir Wolstan. I do not know them.

Council. A piece of Yellow Damask.

Mrs. Smith, Mantua-maker. This Damask is part of a Gown I made for Lady Dixy a Year ago.

Juryman. How can you swear to that? Did you compare the Figure and Selvedge - I would not swear to a piece of Silk that was in my shop a Year ago.

Smith. I heard her say she had a Yellow Gown of her Lady's, which Sir Wolstan bid her leave, but that she took part of it, and hoped her Lady would send her the rest.

Sir Wolstan. She had taken the Yellow Gown to pieces.

Miss Freer. She had the Gown of Lady Dixy to pack up, but Lady Dixy asked for it again, and bid her leave it all; But the Prisoner said she would have part of it.

- It was Lady Dixy's Night Gown at Bosworth. The Prisoner had it, and my Lady bid her leave it; and she said she would leave it; but then she said she would have half of it back; so that it should do no body any good.

Juryman. It seems then it was given her, and she said publickly before the Family, that she would keep part of it.

Council. A piece of pink Damask, three silver Girdles, thirteen silk Girdles, one pair of blue silk Damask Shoes, with silver Lace.

Miss Freer. I believe these are Lady Dixy's Shoes, but I am not sure.

Council. Eight Cambrick Handkerchiefs, two Fans.

Miss Freer. These are Lady Dixy's Fans, she had them at Bosworth - She had a great Number of Fans.

Council. One Scarlet silk Night Gown.

Mrs. Smith. I believe I made this for my Lady; I have made her three, four, or five such in a Winter.

Prisoner. Would not you have bought that Gown of me when I was going into Mourning for my old Lady?

Smith. She offered to sell me a scarlet Gown before they went into mourning, which was about eight Months ago; and she said, her Lady gave it her - This may be the same for ought I know.

Council. One Yellow silk Gown and Petticoat.

Smith. I made such a Coat and Gown for my Lady.

Q. How many new Gowns might you make the Lady in a Year?

Smith. A great many - I believe a Dozen in a Year.

Q. And what could she do with so many, if she did not give some of them to her Maids?

Smith. The Lady used to give the Prisoner a great many Clothes, and she never denied or concealed them, but wore them in publick - She told me when her Lady married, she had given her all her Clothes.

Q. Is it not usual for single Ladies of great Fortunes to give away their Maiden Clothes when they marry?

Smith. Yes, it is usual - And all these Clothes in Court were made before my Lady married, for when she married she was in Mourning.

Madam Freer. My Niece had a good Fortune, and Sir Wolstan has a large Estate.

Council. Here is a parcel of new Linnen.

Sir. Wolstan. I doubt that Linnen was taken from me, for I had a great Bill to pay Mrs. Bingham for Linnen - I have had above one thousand Pound to pay since I have been married for things that I knew nothing of - It is very corroborating that the Prisoner should have fourteen or fifteen large Trunks, Boxes, and Scrutores filled with Goods.

Juryman. You said, she sent but six Boxes from your House.

Sir Wolstan. Yes; but in searching, we found eight more, though as I found nothing in them that I knew to be mine, I did not charge her with them.

Council. Have you not declared you would have her hanged before Christmass, if it cost you one thousand Pounds.

Sir Wolstan. No - I was told it would be an expensive Prosecution; and I said, I would have Justice done me, if it cost me one thousand Pounds.

Council. You say your Lady was sick of the Prisoner, How comes it that she does not appear in this Prosecution?

Sir Wolstan. She is at my Country Seat in Leicestershire - She is with Child, and in her Condition, and the badness of the Roads, it might endanger her Life to come up.

Council. Have you not said that you had prevented her coming to Town?

Sir Wolstan. No.

Council. Have you not commanded that your Coach should not go above four Miles from home?

Sir Wolstan. I am not to answer all Questions.

Council. Have you no Papers, or Notes due to the Prisoner?

Sir Wolstan. No.

Council. Did you seize none when you seized the Goods?

Sir Wolstan. I had some - The Constable found two. I think one was at Smith's, and the other at Smedley's; but he told the People at whose Houses he found them, that he had such Notes.

Q. What became of them?

Sir Wolstan. I have them not - They might be left in the Boxes where they were found.

Council. Had you no Letters?

Sir Wolstan. Yes; I found some of my Wife's and some of my own, and a Letter to one of my Footmen.

Q. Where are they?

Sir Wolstan. I have them not here.

Q. Why did you take Letters that did not belong to you?

Sir Wolstan. Some of them are my own.

- Produce the Letters.

Sir Wolstan. They are of no consequence. The Papers were chiefly Bills upon me - Shoemakers, Drapers, and other Bills of Parcels for Goods.

Prisoner. Did not you say to me at the Tavern the Night I was committed, that if I did not tell you what past between Capt. - and - you would send me to Newgate.

Sir Wolstan. She writing to my Wife since I came away, mentioned the Names of Capt. - , and a Baronet; and told my Wife it was unfortunate she married so soon, for she might have had such, or such a Gentleman.

Council. Officer, Call Lady Dixy - We have subpoena'd her, and will prove that she was willing to come.

Then Lady Dixy was called, but did not appear.

Thomas Weaver . This Subpoena I served Lady Dixy at Market Bosworth, on Day last. I told her I came from Mr. Nelson, who desired she would come to Town to clear her Servant. She said, she was never more surprized; that she believed the Maid was very innocent; and that she would come with all her heart, but that Sir Wolstan had sent her down a Letter, and threatned it should cost her her Life if she came - she said she had been served with one Subpoena before by Mr. Street - I set out on Saturday Night last at half an Hour past eight. I took post at Littleworth, and rid a-cross the Country with the Post-boy.

Robert Nelson . The Prisoner sent for me to Newgate, and I knowing how she had been trusted, and what Character she bore, I took Horse this [Satur] day was a Fort-night, and arrived at Bosworth on Sunday. I told Lady Dixy, that Sir Wolstan had sent her Maid to Newgate. She said I am surprised that Sir Wolstan should offer such a thing, I believe she is as innocent as the Child unborn. He must know that she had a great many things of mine which I gave her. I told her among other Things, that she was charged with stealing a Locket and some China. She answered I gave her the China, and as for the Locket it was but a paultry Thing, that Sir Wolstan gave me, and I bid her lay it by among her other odd Things till I came to Town, and then I would settle with her, for I owe her a hundred Pound, I told her, when I came to London I would send her a Subpoena. She cryed, and said she would come with all her Heart, and would pack up her Things to be ready against next Friday - After the Prisoner came from Bosworth, but before she went into Essex, and before there was any Warrant against her she dined at my House, and told me, she had got a Locket of Lady Dixy's, that the Lady owed her a hundred Pound, and when the Lady came to Town they should settle, and the Locket should be returned. And she said too that Mrs. Freer owed her ten Pound for a Legacy and thirty Pound for Wages.

Mr. Richards. When Sir Wolstan took out a Warrant against the Prisoner, we spent that Evening at the Tavern. I told him it was natural to believe that his Lady gave her the Cloaths, and therefore it would be proper to send for her up. No D - me if I do, says he, for then she'll be acquitted. Mr. Burdock was with me and heard the same - I remember in particular the Locket and Rings were then mentioned.

Mrs Yates. My Husband is a Silk-Dyer, we live in King-Street Bloomsbury - Last Saturday was seven-night Sir Wolstan came to my House, and said he had a Warrant to search for Betty Barker's Things, and seeing some Silks in the Shop, he said, These are some of my Lady's Silks I suppose No says I, you should consider this is a Silk Dyers shop. Then he said Betty Barker had robb'd him of several hundred Pounds, and he had got her in Newgate and she should be hang'd. And yet at that very time, she was not taken, but was with her Friends in Essex. I told him I was sorry to hear him charge her with any such thing, when I knew she had behaved so well to good Mam Freer - I have known her seven Years and she was a very honest Industrious young Woman.

Mrs. Colly. Sir Wolstan came one day to our House, and went up stairs and talk'd with my Sisters - My Sisters came out with him, and one of them said, Indeed it was none of I that said so He answer'd, Then it was your Sister. But she denyed it too, and then he turned to me and said, Then you say that she will return all the Things, and confess the Felony - No, God forbid! says I, for I believe she is as good and as honest a Servant as any in England. - He said if Mrs. Freer would not indict her she would not be hanged.

Mrs. Bainton. Sir Wolstan came to my House two Days after she was committed, and said, she had stoln a thousand Pound and was gone to Newgate. I was so surprised that I was ready to fall into fits. He told me and spoke it with great passion and violence, that he would hang her, let it cost what it would. Next Week he came again and said, I see you have all forsaken me, you all go to Newgate. I told him no, I had not been there, I hear says he, that my Wife is coming up, but if she does, she comes none to me, for I'll throw her off, and she shall never live with me again. I have ordered my Servants not to carry her in the Coach above three or four Miles from Home.

Mrs. Betts. I have known the Prisoner fourteen Years, she lived with me two Years and always had an excellent Character.

Mrs. Rogerson. I have known her nine or ten Years, she lived in good Reputation, and came of a good Family - Sir Wolstan came to my House, to search for Boxes, and said she had robb'd him of two thousand two hundred Pound.

Mrs. Bridges. I have known her fourteen or fifteen Years, she has a very honest Character.

Miss Freer, I have heard Nelson say, at our House, that he would forswear himself to serve his Friend.

Q. Was that in a Serious or Jocular way?

Miss Freer. I think my Aunt was by when he said it.

Mrs. Freer. I don't remember it.

Mr. Nelson. I never made such a Declaration.

Mrs. Smith. I have heard him say in a ratling merry way, that he would say any thing to serve a Friend.

Mr. Hubert. I have known Mr. Nelson four Years, and believe him to be an exceeding honest Man, and cannot think he would forswear himself on any account - I lent him five hundred Pound, and no security, but his honesty for it.

Mr. Whitehead. I have known him six Year, he bears a very honest Character.

Mr. Cary, deposed to the same effect.

The Jury acquitted the Prisoner, and the Court granted her a Copy of her Indictment.

72 Richard Paine , was indicted for stealing two Shirts, and a Wig , the Goods of Sir Wolstan Dixey , Baronet , December the eighth

Sir Wolstan Dixy. The Prisoner was my Butler , I lost eleven Shirts, several pair of Stockings, and a Bob Wig. I was informed, that the Prisoner had my Wig, and two of my Shirts. He was carried before a Justice, and confest he had them.

Prisoner. Did not I usually dress, and shave you, as Valet de Chambre?

Sir Wolstan Dixy . I asked him where my Bob-wig was, and he said he had taken it to pieces, and made it up again.

John Thurwell . When he left Sr. Wolstan's, he came to my House in Covent-Garden, and had two old Shirts, and a Bob-wig, which he said Sir Wolstan gave him; they were very old Shirts, and not fit for Sir Wolstan to wear.

Prisoner. I lived with Sir Wolstan from May the first, to June the twenty second. And when I went into his service, I agreed to have his old Cloaths. One day as I was puting on his Shirt, he asked me why I gave him a torn Shirt, Sir, says I, they are all so bad the Maids can't mend them. Well, says he, I have got some new Cloth, and I 'll have Caps made of the best of these, and do you see that the Maids do not make Aprons af the rest. I told him I would take care of that for my own sake; but Sir, says I. you have got several old mouldy Wigs, what shall I do with them? He bid me take 'em, and do what I would with them.

Sir Wolstan. I never said so.

- Kynaston, Esq; Five Years ago the Prisoner left my Fathers Service, and had a very honest Character.

Mr. Moore. The Prisoner has been my Servant since he left Sir Wolstan. I have trusted him with considerable Sums of Money, and found him very honest. Sir Wolstan 's Brother's Lady recommended him to my Sister.

Mrs. Freer. I thought him very honest, tho' Sir Wolstan did not.

Mr. Griffith. Six Years ago I knew him at Oswestree, where I lived, and he served his time, and I have known him since in London. He had a very good Character.

Elizabeth Barker , (the last Person that was try'd.) He was my Fellow-servant, at Sr. Wolstan's, where he behaved in a very civil honest manner - Two Weeks before he was discharged, I heard him say publickly, that Sir Wolstan had given him two old Shirts, and an old Wig.

John Herbert Constable. The Prisoner confes'd before the Justice, that he took two Shirts, and a Bob-wig; which he said were old things, and he thought Sir Wolstan would not use them any more.

The Jury acquitted him.

74. Charles Gardner , was indicted for the Murder of Edward Hall , by striking, beating, and throwing him against a wooden Form, in a Drinking Room, and thereby giving him one mortal Bruise on the back Part of his Head, November 27 /, of which mortal Bruise he languished till the next Day, and then died .

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

Henry Passer . I was at the White Horse Ale house in Castle-Alley , on the twenty seventh of November, between five and six in the Afternoon. Philip Harris , a Porter, was in Liquor, and the Prisoner was playing the Rogue with him. The Deceased came in, and sat down in a Box. He was in Liquor too, and very much, but not so drunk as a beast, for he did not reel about the House. Harris had lent his Coat to the Prisoner, who went out and whited it, and coming in again he tost the Coat about till it fell upon the Deceased, and whited him He got up in a Passion, and went to the Prisoner's Brother and Sister (who kept the House, and were then at Dinner) and complained that he had been abused by their Black-guard Brother. Mrs. Gardner desired him to be easy; but he kicked the Grid-iron about, and threw the Candle and Candle-stick against the Grates. Upon this, the Prisoner struck him first, and gave him three Blows on the Face; I think it was with his open Hand. At the first Blow, the Deceased stood about half a Minute, and then fell back with the Nape of his Neck against the Bench. I took him up, his Eyes were fixt. An Apothecary's Apprentice being in the Room, let him blood, and then he spoke, and was something better, and I went away. He lived about twenty two Hours. He and the Prisoner were intimate Acquaintance, and had been at Breakfast together but two Mornings before.

Prisoner. Was the Fall occasioned by the Blow, by his being in drink?

H. Passer. I cannot say, which. He said himself when he came in, that he had been drinking Punch, and was full of Liquor,

Prisoner Did he offer to sit down when he fell?

H. Passer. I do not know.

Thomas Critchet . I am Servant to Mr. Gardner, the Prisoner's Brother. Phillip Harris , a Watchman had been fuddled all Day. The Deceased came in much in Liquor. Harris's Coat was whited, and thrown upon him, and he flirted it off upon the Deceased, who I believe was a sleep. He got up, and thinking the Deceased had done it, he went to my Master and Mistress in the Bar-room, and said, D - me, must I be abused by your Blackguard brother? Then returning to his Seat, he took a Candle-wick, threw it violently against the Grates, and said, D - your Black guard House; and brustling up to the Prisoner, called him Names and abused him, and I think held up his Fist at him. The Prisoner struck him three times on the side of his Face pretty quick; but whether with his Hand open, or not, I cannot say. The Deceased spoke not a Word more, but stood half a Minute, and whether he was going to sit down, and thought the Bench just behind him, or was stunned with the Blow, or the Liquor was the Cause of it, I do not know; but he fell down backwards. The Prisoner is as good natured a Man as lives, and I believe there was no Enmity between them.

Nathaniel Manton . While the Coat was gone out to be whited, to make Sport with Harris, the Deceased came in, I asked him to spend a Penny in Brown Two-penny. No Boy, says he, I have been drinking Punch all Day; he leaned his Head upon the Bench, and seemed to be sick with drinking, when the Prisoner came in with Harris's whited Coat on, and frisked about, and then pulled it off, and shook it upon Harris, and Harris put it on the Deceased, and whited him with it. The Deceased got up in a Passion, and curst, and swore, and called him Names, and kicked the Gridiron about, and threw the Candle-stick against the Grates. I do not know whether he threw it at the Prisoner, or not. The Prisoner said, who do you abuse, and struck him three Blows. He stept back, and fell with the side of his Head on the Bench. I blooded him, and then he was a little better. He died about six in the Evening. I believe the Fall was the Cause of his Death, and not the Blows the Prisoner gave him.

Prisoner. Did he fall by the Blows, or the Liquor?

N. Manton. If he had fallen by the Blows, he would have fallen immediately, but he stept back, and made a little pause.

Prisoner, Did not Harrison tell him that it was he and not me that threw the Coat upon him?

N. Manton. Yes.

Daniel Woodham , Surgeon. On Denuding the Skull, on the back part of the Head, I found much extravasated Blood between the Skull and the Skin. I took off the Top of the Skull, and found the Brain tumified. I found no Bruise on his Temples, and I believe the Blow he received by the Fall was the Cause of his Death.

Capt. Picksat and Mr. Lawrence, deposed that the Prisoner was a peaceable quiet Man.

The Jury found him guilty of Manslaughter .

[Branding. See summary.]

75. Murder of Philip Williams , was indicted for the Martha his Wife , by kicking and beating her, and throwing a Tin Kettle at her, and thereby giving her several mortal Bruises, and one mortal Wound on the left Side of her Head, of the length of one Inch, and depth of a quarter of an Inch, November 18 , of which mortal Wound and Bruises the languished till the ninth of December following, and then died .

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

Mary Wilson . The Prisoner, and his Wife and I, were all acquainted, she kept a Milk Cellar in Queen-street , and he is a Soldier in the First Regiment of Guards, and a very honest Man he is, and his Wife had been ailing a long time, and was dropsical, and he did not strike her at all. But as I was a going to say, I went to see his Wife at this Milk Cellar, and we sat down to eat, and by and by in comes the Prisoner. Pat, says he, It is a strange thing that I can never come home but my Neighbours find fault with you for scolding and quarrelling, and with that, she took him by the Shoulder, and threw him against the Wainscot, for which he gave her a slight Kick on the Tail of her things, and she took him by the Hair of his Head, and threw herself on the Bed, and dragged him to her, and gave him several Blows on the Face, and scratched him till the Blood came. I did what I could to part them, and then he went towards the Chimney to take his Hat, and she flung the Cow at him, and struck him on the left Side as he could scarce recover his Breath.

Q What Cow?

Mary Wilson A Sign-board of the Cow, that stood next the Street - And so in his Passion, the first thing he took up was a Tin Milk Kettle, he threw it at her, and hit her on the left side of the Head, and it bled very much, at which he seemed to be frighted, and ran to fetch a Surgeon - Next Morning she went to milk her Cow, and I found her with the Kettle upon her Head. I wonder Mrs. Williams, says I, that you will carry the Kettle upon your Head when you know it is out of order - O, says she, It is not my Head that I stand upon, but it is my side, for I got a drop in my Eye, and fell over the Churn and hurt my side - At one o'Clock next Morning she was got so drunk at a milk Celler in the Strand, that she had much ado to get home; and when she was dead there was nothing but a bit of Oyl-skin on the Wound.

Mary Prat . I heard say, that the Prisoner had killed his Wife, and so I went to see how it was, and meeting a Man coming up the Stairs, I asked him if she was dead; he said, No, she stirs; and the Prisoner said he was sorry for it.

Richard Hales , Surgeon. On the twenty or twenty first of last Month, the Deceased came to my House in Pall-mall, and complained of a Wound in her Head - I found the Skull bare about an Inch long, a little above her left Temple, but no Fracture, nor Fissure. I drest it eight or nine times. She complained of a pain in her side. I let her blood, and gave her a Plaister for it, and she came no more. When dead, I took off the Top of the Scull, and all was right in respect to the external Wound. Taking off the Dura Mater (a strong Membrane that every where nes the internal Part of the Scull, and covers the Brain.) I found in the Top of the left Lobe of the Brain, two small Ulcers, from whence a small Quantity of Matter was discharged - These Ulcers might be the Cause of her Death; but I cannot say that the Blow was the Cause of the Ulcers; but I rather think they might proceed from some Obstruction in the small Capillary Blood Vessels of the Brain, which might be occasioned by an ill Habit of Body. On opening the Breast, I found a small Adhesion of the Lungs to the Pleura, and a pretty large Quantity of Matter on that side of the Breast: This with the Matter in the Brain, might be a concurring Cause of her Death: And I can hardly think that the Wound was partly the Cause - I found nothing else particular in the Breast, or any other of the Cavities.

John Goodwin . The Ulcers in the Lobe of the Brain might proceed either from a Concussion of the Brain, or an ill Habit of Body; and the Matter in the left Cavity of the Breast might proceed from the same ill Habit.

Prisoner. My Wife and I lived very happily till I was lame and could work no longer; and then she used to get drunk, and lye out a Nights, and when she came home, would cry out Murder; and so I lay in the Barracks - She wanted Money to pay her Cow man; I told her, My Dear, I have spent three Half pence out of the two Shillings; and then she fell upon me, upon which, I told her I would have no more of this Milk Trade, and so I took the Pail, and threw it up Stairs, not with any Design to hurt her; but it unluckily hit against the Corner of the Stairs, and so struck her on the Head.

The Jury acquitted him.

76. Mary Ashby , alias Ashly , was indicted for stealing a Brocaded Silk Gown value eight Pound, the Goods of Nathaniel Smith , in the House of John King , October the 10th .

Ann Cosins . The Gown was sent me to alter, I have Lodgings in John King's House, I went out on Friday and when I returned I heard the Gown was lost. I enquired who had been there and was told only a Woman, who went up stairs to one that lodged above - I went to several Pawnbrokers, and among the rest to Mr. Heatons and shewed a pattern of it to his Servant, who said he could not or would not ( I forget which) tell me any thing about it. I advertised it with two Guineas Reward, and then Heaton came and gave me notice, that he had got the Gown, which he said was pawn'd for forty Shillings, but he expected two Guineas Reward. Next Day the Prisoner came to justify herself to me. I sent for Heaton and asked him if she was the Woman that pawn'd it. He said No, and then she fell upon me and abused me, and he seemed to be concerned for her. I afterwards got an Attorney to write him a Letter, that if he would not produce the Person that brought him the Gown, he should be Prosecuted, and then he said it was the Prisoner. When she was taken she offered to pay me a Crown a Week till the two Guineas were paid, if I would make it up.

Amos Heaton or Hayton. She brought the Gown on the 10th of October, and pledged it for Thirty Shillings and redeemed her own Gown with part of the Money. When I came home I saw the Brocaded Gown on my Counter, She came again next Day, and I sent her Ten Shillings more upon it. Mrs. Cosins sent for me in the Evening, and I had taken so little notice of the Woman in the Morning, that I could not be positive to her But afterwards when she was brought to our House, she own'd herself to be the Person that took the Gown, and then I sent for Mrs. Cosins, Guilty 39 s.

[Transportation. See summary.]

77. Elizabeth Tooler , alias Tooley, alias Goodbury, alias Walton , was indicted for stealing two suits of Head-Clothes, a Shirt, an Apron, a pair of Ruffles and a Napkin , the Goods of Cecilla Watkinson , Sept. 8th . Guilty 10 d.

[Transportation. See summary.]

78 Charles Jones , was indicted for for stealing Linnen the Goods of several Persons, November 19th Guilty 4s. 10 d

[Transportation. See summary.]

79. Margaret Tibbs , was indicted for stealing one Apron , the Property of John Cook . Nov. 22 . No Evidence/. Acquitted .

80 , jun. was indicted for stealing twenty five Printed Books . the Goods of Charles Beesly , September 7 . Guilty 10d.

[Transportation. See summary.]

81. Merial Purdon , was indicted for stealing a Carpet , the Property of John Joyce , November 13 . She was found Guilty to the value of 10 d.

[Transportation. See summary.]

82, 83. Sarah Elliot , and Elizabeth Garland , were indicted for stealing a Mob, and and an Apron , the Goods of Joseph Canton , Sept. 2 , Guilty 10 d. each.

[Transportation. See summary.]

84. Gabriel Swift , was indicted for stealing a Basket called a Wilchin, with three hundred Lampreys, and one piece of Rope and a Stopple, fixt in a Stowage in the River Thames . Nov 14 .

Stephen West . This Wilchin of Fish was cut away from our Stowage. November 14. where I have fifty or sixty pounds worth of Lamperns.

- Creech. As I was going to my Craft at Hammersmith, I met the Prisoner and another who is not taken, and they thought proper to take this Wilchin of Lamperns, and I was in my Skiff at the same time.

Prisoner. Did I take them, or he that run away?

Creech. You row'd in the Boat, while he flung the grapplings over board, and haul'd the Wilchin to him. Then we row'd to Justice Barker's Rails. We went a shore and they were drest at night and I eat one Meal of them.

Q. Then you were concern'd?

Creech. Concern'd? yes, or else what did I go there for? I could not be concern'd if I was not there, tho' I never laid finger upon them, till they were brought on Shore. Guilty .

[Transportation. See summary.]

80 Ann Dowton , was indicted for stealing a Cloak and a Shirt , the Goods of Robert Draper , October 21 Guilty .

[Transportation. See summary.]

81 Margaret Wilson , was indicted for stealing a sauce-pan the Property of Seth Cary , October 20 . Guilty 10 d

[Transportation. See summary.]

82, 83. Margaret Newman and Patrick Morris , were indicted for stealing a Skirt of a Coat, a Sheet, two Table Cloths, Six Napkins, a piece of Burdet, and other Things, the Goods of Sarah Campbell , in her House , November 20 . acquitted .

84. Edward Jones , was indicted for Ravishing Sarah Evans , May the First .

Sarah Evans. The Prisoner keeps a Pawn-broker's Shop in George street, Spittle-Fields . He was my Father's particular Acquaintance, and I going to School hard by, I used to go to his House in a Morning, and leave my Victuals there, and come back there to Dinner, and so go home at Night. I went there first in March, and one Morning about eight a Clock the latter end of April, as I was in the Prisoner's Shop, and no body at home but he and I, he shut the Street-door, and as I sat in an Elbow Leather-Chair, he first meddled with me with his Fingers, and I fell upon the Ground. He then took me up in his Arms, and set me in the Chair again, and then put my legs over his, and - into - half an Hour - Yes.

Q Did you make an Resistance?

Sarah Evans. No - I don't know what Resistance is.

Q Did you struggle, or cry out?

Sarah Evans. Yes, I struggled as much as I could, and cry'd out as loud as I could all the while, but no Soul could hear me; for the Shop is in a narrow Street, and the backside of the House is a great Vacancy, tho' People go along the Street; but the Door was lock'd and the Window next the Street was filled up with Goods. Then he shewed me a naked Sword, and said he would kill me if I told any Body what he had done to me; and so I went to School and said Nothing. In two or three Weeks afterwards, I began to break out, and he told my Father it was the Itch; and so the Prisoner took me in Hand, and gave me Physick for six Weeks; and then it proved to be the Foul Disease, and I was forced to go into the Hospital. I never told any Body how the Prisoner had used me, till eight Weeks after he did it, and then I told my Mother - I was fifteen Years old last May - No Man ever medled with me but the Prisoner, and he never did but that once.

Edward Evans . When my Daughter had discovered this, I asked the Prisoner how he could serve her so? He said, if he did do it, he could have done it at other times if he would, and he bid me get out of his House, and said if I gave him an ill Word he would trounce me. When the Girl first broke out (about Whitsuntide) he said it was the Itch, and undertook to Cure her, for he pretended to be a sort of a Surgeon, but it proved to be the Foul Disease, and so I got her into the Hospital.

Jane Blackman . I live near the Prisoner. The Girl was in Health and had no Blemish when she went to him.

Judith Sykes . The Prisoner's shop is in such a Thoroughfare that if she cryed out, the People in the street must needs have heard her. She had been my Apprentice two Years, and went away about three quarters of a Year ago, she behaved but very indifferently, for she was a very bold Girl, a great Liar, and a Pilferer. She sometimes used to stay out late at Night, and has seem'd to be in Liquor, and hardly able to stand when she came home, and her Clothes have been very Dirty as if she had fell down in the Street. Her Father used to tell me next Day she had been at his House, and therefore desired me to excuse her.

Samuel Jones , the Prisoner's half-Brother. Long before any thing of this, her Father complained to me, that Mr. Sikes her Master had attempted to ravish her. I sent for Mr. Sikes, and when the Girl saw him she run away. Her Father desired she might be discharged from her service, for fear she should be ruined, and he perswaded me to go with him and the Girl before a Justice, to get a Warrant against her Master for an intent to Ravish. And the Girl there said that he used her rudely with his Fingers, but that she did not offer to cry out. I have heard she is a loose Girl, and kept Company with a Barber that was Pox'd.

Sarah Olney . (the Prisoner's Daughter.) The Girl has a very base Character, rather lewd than otherwise, and her Parents were always litigious People. When her Father first brought her to my Father it was to complain that Mr. Sykes had been rude with her, and had lain with her upon the Hearth - I lay in my Father's House in all April last, and the House was always open by six in the Morning, tho' its possible the Door might be shut by chance, and if she cryed out but half as loud as I speak now. she might have been heard on both sides of the House by the Passengers that were constantly going by. My Father is hard of Hearing, and therefore. I or my Mother were obliged to be in the way to attend the Customers - My Father and I have both charg'd her before her Father's Face, with having the Pox, but she always deny'd it. Her Mother had a sort of a Leprosy, and the Girl her self was a little broke out before she came from Mr. Sykes's, for Mr. Sikes had 'nointed her, and given her Flower of Brimstone, and made her wear a Smock two Weeks on that Account, and her Father desired my Father to give her Physick. She used to go from our House to her Writing Master, at Six in the Afternoon, and her Father has often come with a Candle and a Lanthorn at eleven and twelve at Night, or one in the Morning, to enquire for her - After I had told him I believed she had the Pox, he came the next Day, and said he had searched her himself, and was sure she had never known Man.

Ann Scott . I have known her Father come several times to look for her at Midnight - she had a loose Character, and would keep Company with any Man, tho' she did not know him, if he did but say, Come Sal go with me.

Margaret Atkins . I live so near the Prisoner that if she had cryed out I should have heard, and so would the People that past the Street. The Prisoner has the Character of a very sober modest Man.

Mrs. Cockin. After the Rape was sworn, I ask'd her if he had entered her Body. She said no. I asked her if he was a Man, or a Woman, and she said she could not tell. I had sent her Mother for a Pot of Beer, but she stood upon the stairs to listen; and hearing me ask these Questions, she came in and said, she was betrayed, and flung me down seven stairs.

John Yallop . I heard one ask the Girl who gave her the Pox, and she said she could not tell.

Mary Proctor . The Girl had a breaking out, last Christmass. I asked what it was, and her Father said, he believed it was the Leprosy, for her Mother broke out so when she was with Child. In September he told me the Prisoner had ravished his Daughter; and if the Prisoner would give him one hundred Pounds he would make it up. I told the Prisoner this, and he refused - Her Father told me that his Wife was a base Woman, and had advised the Girl to swear this Rape, and was the Occasion of all the false Swearing about it - I have heard that she is a wicked vile base lying Girl, that she used to lye out till twelve or one in the Morning, and that a Barber gave her the Pox.

Several gave the Prisoner the Character of a sober modest honest Man, and not inclinable to Women.

Lydia Hyley . The Girl has the Character of a very harmless honest sober Girl, and I never heard that she loved Company. The Truth is, she is not over burthened with Sense, but was always more for playing with Children, and Baby's, than keeping Company with Men.

Several other of the Girl's Neighbours deposed, that her general Character was that of a very sober modest Child, and her Father a very honest Man, and that they could have brought the whole Street to have said the same, if there had been occasion for it.

The Jury acquitted the Prisoner.

85. Elizabeth Smith , was indicted for stealing two Candlesticks, &c. the Goods of John Barns , November 7 . Guilty 1 d.

[Transportation. See summary.]

86. Jane Mitchell was indicted for stealing two silver Spoons, a Tea Spoon, &c. the Goods of Francis Bundy , in his House , March 14 . Acquitted .

87. William Beesly , was indicted for stealing two Shillings , the Money of a Person unknown, June 1 . Guilty .

[Transportation. See summary.]

88. Elizabeth Walker , alias Mollineux , was indicted for a Misdemeanor, in conspiring with Isabella Eaton alias Hambleton, now at large, to accuse Robert Willis , and Michael Willis , with a Robbery, and thereby to deprive them of their Fame, and Credit, and Reputation, and subject them to the loss of their Goods and Lives .

The Jury found her Guilty .

[Imprisonment. See summary.]

[Fine. See summary.]

[Provide sureties for good behaviour. See summary.]

89. Charles Horn , was indicted with another Person unknown, for assaulting John Metcalf , with a drawn Sword called a Scimitar with an intent to rob him of his Money and Goods .

John Metcalf . On Sunday last, I went to visit a Friend at Kensington, and returning homeward about one in the Morning, I turned the Corner of Maxwell street, and went down Gerrards-street towards Princes-street. And going into Princes-street , two Men came up. One of them said, D - him! I have him, and attempted to take hold of me, but mist his Aim: The other, which was the Prisoner, said, D - him! Murder him! I ran, and cryed out Thieves! Murder! The Watch in Princes street came up, I told them I had like to have been robbed. They pursued, and took the Prisoner by St. Ann's Church - Sir, says he, I am the Son of a Gentleman, Mr. Horn, an Attorney in King-street, and I am his Clerk - Neither of the two Men bid me stand, nor did they demand my Money. I did not see that the Prisoner had any Arms, but the other (who escaped) had a Scimiter, or Hanger.

William Hubbard , Watchman. Standing at the Corner of Dean-street going into Compton-street, I heard a Noise, and the Prisoner, and another Man came apace to the Corner. I seized the Prisoner, but the other started away. Then the other Watch, and the Gentleman came up.

Thomas Cole , Watchman. I stood at the Corner of Maxwell-street, where the Prosecuter come by, and bid me good Morrow. Then he turned down Gerrard-street, and went towards Princes street. I presently heard an Out-cry of Murder, and Thieves, and I went out directly, and met no body in Gerrard-street, and coming to Hubbard, I heard him say to the Prisoner, You are one of them. So we took the Prisoner to the Watch-house.

Richard Pye . I am Watch-man of St. James's Parish. I heard an Out-cry of Murder, and Thieves, and saw two Men running towards King Street, St. Ann's. They out-ran me, but when I came to the End of Compton-street, Hubbard had got hold of one of them, and he was carried to the Watch-house - Mr. Metcalf sent four or five of us to see if we could find any thing, and I saw no body in the street.

William Tarling . I heard Murder and Thieves cryed out - and by and by the Prisoner was brought into the Watch-house. He seem'd to be in a great Heat, and said, D - me, let's have some Beer, The Prosecuter came in and charged him with an attempt to rob him. D - me, says the Prisoner, Detain me at your Peril, my Father is Mr. Horn an Attorney in King-Street Bloomsbury. I have been to Brumpton, where he has got an Estate, and coming home I pick'd up a Girl at Hide Park Corner, and have been with her ever since.

Prosecuter. When he said he was Mr. Horn's Son, I bid him send for his Father, but he said he would not, for if his Father knew it, he should be ruined.

Prisoner. By the Virtue of your Oath, did you not say, when you first came into the Watch house, that you could not swear to my Face?

Constable. When the Prosecuter came into the Watch-house, he view'd the Prisoner, and said he was positive to the Lines of his Face. - Coming from Justice Deveil's, the Prisoner jumpt into the Coach, and said, Coachman! drive me to the Start - I don't know what he meant by the Start.

Henry Sumner , Esq; I have known the Prisoner from a year old, and thought him valuable for his Modesty and good Behaviour.

Dr. Metcalf. I knew him from a Child, he was well educated and had a good Character,

Mr. Fairchild. I have known him fourteen years. He was very sober and honest - I have lived twenty Years in the Neighbourhood.

Theodore Cleaver . I have lived nineteen Years in the Neighbourhood, and never heard any thing amiss of him.

John Giles . I was his School Master, and educated him till he was fifteen or sixteen, and then he went to be his Father's Clerk and behaved himself diligently in that employment.

Mr. Taylor. He was honest and sober in his Father's Business.

John Fortescue . I am a Fishmonger in Holborn, just by the Prisoner, and never knew till now that he kept ill Company.

Francis Smith , in Little Queen's-Street. I have known him Ten or Twelve Years, he was diligent in his Father's Business, and I never heard any Complaints of him before.

Mr. Debell. I have been his Neighbour Six or Seven Years, and never heard any thing amiss before.

Thomas Horn . I have known him from his Birth, but I never knew any hurt of him, and he always had a very good Character.

Mr. Benoh. His Father was my Attorney, I always found him diligent in his Father's Chambers - He was so modest that he would never drink a Glass of Wine.

The Jury found him Guilty .

[Transportation. See summary.]

The Hurry, in which the Trial of Wreathock and others, was printed, has caus'd the following Errata, which the Reader is desired to correct.

P. 22. col.2. 1.5. for his Man, r. This Man. P. 22. col. 2. after 1. 36. add

Coachman. No; He went the same way as I did, and he turned his Horse short from the Hedge.

P. 23. col.2. 1. 36. for Thomas Bullock , of Clement's Inn, r. Thomas Bullcock .

P. 24. col.2. l. 45. for Mrs. Lovel, r. Mrs. Lloyd.

Whoever prints any Part of these Proceedings, shall be prosecuted with the utmost Severity.

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

Received Sentence of Death 11.

Joseph Cole , William Mackenny , John Alder , Robert Swannel , Burton Brace , Ralph Refue , William Wreathock , Peter Chamberlain , James Ruffhead , George Bird , the younger, and Gilbert Campbell .

Burnt in the Hand 3.

Charles Mecklin , Charles Gardner , Jane Miner .

To be Whipt 1.

Thomas Perrin .

To be Transported 37.

Lewis Pool , Margaret Burlow , Sarah Manly , Christopher Hughs , Thomas Marshal , Ann Drury , John Jenkins , Charles Horn , Jenkin Evans , Elizabeth Jones , Arrabella Clark , Ann Gough , Sarah Hartly , George North , Sarah Baily , Margaret Clamor , Robert Sibbalds , Ann Brine , Ann Hall , John Vaderwood , Hester Robinson , Ann Edmonds , Humphrey Belmosset , Benjamin Rushin , Catherine Dunwell , Mary Ashly alias Ashby, Elizabeth Tooley , Charles Jones , H - G - , Meriel Burdon, Sarah Elliot , Elizabeth Garland , Gabriel Swift , Ann Doughton , Margaret Wilson , Elizabeth Smith , and William Beesly .

Elizabeth Walker , to be imprison'd six Months, to pay a Fine of five Pounds, and find Security for one Year.

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