Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 23 November 2014), June 1736 (17360610).

Old Bailey Proceedings, 10th June 1736.

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

Thursday the 10th, Friday the 11th, and Saturday the 12th of June 1736. in the Tenth Year of His MAJESTY's Reign.

Being the Fifth SESSIONS in the Mayoralty of the Right Honourable Sir JOHN WILLIAMS, Knt. Lord-Mayor of the City of LONDON, in the Year 1736.

NUMBER V.

LONDON:

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

M.DCC.XXXVI.

(Price Six Pence.)

The PROCEEDINGS, &c.

BEFORE the Right Honourable Sir JOHN WILLIAMS , Knt. Lord-Mayor of the City of London; the Hon. Mr. Justice Probyn, Mr. Baron Thompson , Mr. Serj. Urlin, Deputy Recorder of the City of London; and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

John Glover ,

Jonathan Bellamy ,

Richard Foddy ,

John Barlow ,

Matthew Wood ,

Jasper Konst ,

Thomas Driver ,

Fleetwood Clark ,

Anthony Milliship ,

William Boultby ,

Anthony Mason ,

Richard Bellwood .

Middlesex Jury.

Benj Timbrel ,

John Luttman ,

William Hale ,

Robert Scott ,

John Blakesly ,

Francis Hipworth ,

William Frith ,

++ Isaac Clark ,

++ Friday and Saturday, James Gardell , for Isaac Clark.

Frederick Waldron ,

Thomas Hameston ,

Thomas Brown ,

Philip Speed .

1. Stephen Cramp , was indicted for stealing four Cows, value 11 l. the Goods of Richard Heather , May 6 .

Richard Heather. I lost my Cows from Woodford in Essex , and on the 6th of May, I saw the Prisoner with them in Smithfield; he own'd that he drove them out of my Ground at 12 o'Clock at Night, and that no one else was concerned with him.

Edmd Pinfold , Constable. The Prisoner acknowledged he took the Cows; an ill Thought coming into his Head, after he had lost all his Money by Gaming.

John Badger Welham , spoke to the Prisoner's Character, and said he took him to be an Honest Man, and had known him from a Child. Guilty 39s.

[Transportation. See summary.]

2. Charles Jarvis , was indicted for stealing 22 lb. of Copper, value 20 s. the Goods of John Godfrey , May 12 . Guilty 10 d.

[Whipping. See summary.]

3. Sarah Greenwood , was indicted for stealing four Linnen Sheets, value 12 s. two silk Handkerchiefs, value 5 s. a Shirt, value 2 s. four silver Tea-Spoons, value 4 s. a silver Tea-strainer, value 1 s. three large silver Spoons, value 20 s. and other Things , the Goods of Isaac Astley , May 13 . And

4. Ann Franklin , for receiving a Parcel of the said Goods knowing them to be stolen .

Isaac Astley. The Prisoner was my Servant , about 7 or 8 Months; then I gave her Warning; when her time was up, I asked her for the several Things she had in use; at first she would not tell me what was become of them, but at length she own'd they were pawn'd. Three large Spoons, 4 Tea Spoons and 2 pair of Silver Buckles were pawn'd for between 30 and 40 Shillings. I thought these were all I had lost, so I let her go; but upon examining farther, I found my Linnen gone then I made it my Business to find her out. and took her before Sir Richard Brocas , where she confess'd, and by her Direction we found 2 Sheets, a Shirt, 2 Silk Handkerchiefs and a pair of Stockings at one Mrs. Curtis's, a Pawnbroker, 2 Shirts at Mr. Wybourn's on Saffron Hill; 2 Pewter Dishes and a Sheet at Mrs. Young's and another Sheet at Mrs. Howards; a Saucepan and a Pewter Plate, the Prisoner Franklin pawn'd at Howard's, she has lain many Nights in my House unknown to me, and they have taken all Opportunities to wrong me.

Thomas Wood , Constable. The Prisoner confess'd she had pawn'd the Goods at Curtis's, Howard's and Wybourn's; when Franklin was taken up we carry'd her to Mrs. Curtis, and she shew'd us before her Face, what Things Franklin, and what Greenwood had brought.

The Pawnbrokers appear'd and gave an Account of the particular Times, when the Prisoners pawn'd the Goods. Sarah Greenwood Guilty 4 s. 10 d. Franklin Acquitted .

[Transportation. See summary.]

5, 6. James Scott , and Francis Macguineys , were indicted for breaking and entring the House of Robert Cotes between the Hours of 2 and 3 in the Night and stealing 2 Velvet Coats lac'd, value 30 l. 2 pair Velvet Breaches, 2 Padesoy Wastcoats lac'd, a Gold Watch, a Silver Hilted Sword, a Hanger and a silk Belt, 18 Holland Shirts, 6 pair of Cotton Stockings, and one pair of silk Stockings, the Goods of Nicholas Bailey , Esq ; and 4 large silver Spoons, and 2 Tea Spoons , the Goods of Robert Cotes, May 9 .

Mr. Baily. I live in Mr. Cotes's House in Bond-Street . On Monday, May 10, about 3 o' Clock in the Morning, I wak'd and by the light of a dark Lanthorn, I saw 2 Men in my Chamber: I was very much surpriz'd, and got up; then they run out of the Room; one of them had my Sword, and the other had snatch'd up a Gold Repeating Watch which lay on the Table. I call'd out who's there? but they made no answer. I lost several Things more out of the same House, which were taken out of a Room at some distance from my Chamber; 2 Suits of Velvet Cloaths, one Dove Colour, embroider'd with Silver, and one Chocolate Colour lac'd, eighteen Holland Shirts; a Hanger mounted with Silver; eight pair of Cotton Stockings; a Dozen of Cambrick Stocks, and Padesoy Wastcoats to the Velvet Coats I know nothing of the Prisoners, but from the Information of the Accomplice.

Council. D'd you take any particular Notice of the Men, that came into your Room?

Baily. I could only observe that one was taller and thinner than the other; I saw them by the imperfect Light of their dark Lanthorn: the two Prisoners are near their Size and Shape.

Council. Do you know the Evidence that was the Accomplice?

Baily. He was Mr. Cotes's Journeyman.

Council. Have you made any Enquiry after the Goods?

Baily. Yes; and some of them I have recover'd: I have got the Chocolate Velvet Suit, but all the Lace is stripp'd off it was found in one Davis's House, in Short's-Gardens, in a Box with four or five of my Shirts, a pair of my Stockings, my Gold Watch, Sword and Hanger.

Patrick O'Henlon . I was Mr. Cotes's Servant, in his Business as an Apothecary, and have been three Months acquainted with the Prisoners. Macguineys had got the Venereal Distemper and apply'd to me for Cure, so began our Acquaintance. About a Fortnight before the Fact was committed Macguineys came to me and desired me to swear something: I asked him what, he said I must swear never to discover what he had to propose: I did; and then he propos'd that I should let him in: The first Time I would not consent, but he was always at me; telling me he would get another Partner if I would not consent. I condescended at last to let him in, and it was agreed that I should leave the Kitchen Window open. It was the 10th of May (I think) that the Robbery was committed: Macguineys and Scott came in at the Window, and went up Stairs to Mr. Baily's Chamber directly, while I staid in the Shop: Macguineys carry'd the dark Lanthorn, and each of them a Pistol. I did not see that Night, the particular Things they took, but I saw them come down Stairs and go thro' the Shop with their Burden. I saw one of them have a Sword in his Hand as they were coming down the Stairs, but I can't swear that this Sword now in Court is the same: They had open'd the Street Door before they went up, that they might go out again without hindrance. I staid at Home all that Night; we had agreed not to meet for twelve Days afterwards to avoid Suspicion, but I thought proper to call at Macguineys House next Morning: He was not at Home, so I saw him not. I was taken up, before either of them came to me.

Q. When was you taken up?

O'Henlon. Two Days after the Robbery; I had been nine or ten Days in Bridewell, before Macguineys came to me alone; and in Bridewell he told me, he was afraid I should discover: I assured him I would not: Then he told me what they had got, but said, he was very much afraid they would make me discover; I have consulted People about it, says he, and nothing can hurt us, if you can keep your own Counsel. He told me they had got two Velvet Suits, eighteen Shirts, eight pair of Stockings, a Sword and Hanger, a Gold Repeating Watch, three large silver Spoons, a Child's Spoon and a Tea Spoon, and he assured me the Goods were safe, and should not be touch'd, nor pawn'd for two Months, and after two Months, they should be equally divided. Scott did not come to see me all the Time I was in Bridewell.

Q When did you make the Discovery?

O'Henlon. About a Fortnight after the Fact was committed; I was eight Days in Bridewell, and was discharged before I made the Discovery.

Q. Did you see either of the Prisoners after you was discharged?

O'Henlon. I saw Macguineys at the Corner of Swallow-street, by Appointment, four Days after I was discharged; and he gave me a Shirt, and a pair of Stockings; he then told me he had advised me right, to keep my own Counsel, for now I saw they could not hurt me; and when he gave me the Shirt and the Stockings, he told me they were part of Mr. Bailey's Things, and if I wanted any Thing before I saw him again, I might come to his Lodgings in Piccadilly; assuring me again, that they would not touch the rest for two Months. I saw Scott likewise several times after the Robbery; about five Days after I came out of Bridewell, he and I dined together, and he told me the Things were all safe, and now there was no Danger.

Q. Are you sure they both came into the House together?

O'Henlon. Yes, and Macguineys had a piece of black Crape over his Face.

Q. Where did you make the Discovery?

O'Henlon. At Justice De Viel's.

Q. What, did you go of your own accord to him?

O'Henlon. I was carried before him by a Constable, and there I made a Confession, tho' Macguineys had persuaded me to keep my Counsel, and told me he had got another Patient for me, for he had given the Distemper to a young Woman where he liv'd.

Q. Did any more of the Goods come into your Possession, besides the Shirt and the Stockings?

O'Henlon. Yes, one Stock, and nothing else.

Council. Were either of the Prisoners with you at one Savage's House before, or after the Robbery?

O'Henlon. No; there was one Savage I let into the Secret; I was afraid they would wrong me, and I desired him to go to them, and get the Goods divided; this was after I came out of Bridewell, and I did not see Savage a-again till I was taken up the second time.

Q. Where did you direct Savage to go?

O'Henlon. To Macguineys Lodgings, at the Queen's-Head in Piccadilly.

Council. Did you never see Savage at one Davis's House?

O'Henlon. Yes, several times, but not after I had intrusted him with the Secret.

Council. Did you see any of the Goods at Davis's House when Savage was there?

O'Henlon. No, but I brought the Shirt and Stockings to the House, when Savage was there, Macguineys when he gave me these Things gave me a Guiney and a half, and told me they had stript the Lace from one of the Suits of Cloaths, and that Money was for my Part.

Mr. De Viel. After this Felony and Burglary had been committed, Mr. Bailey desired me to come to the House, to examine the Maid and this Fellow: the Maid I committed upon strong Circumstances; But on Re-examination, she was discharged: I examined this Spark, and he prevaricated very much, so I sent him to Bridewell, and he was there seven or eight Days, and there not being sufficient Proof to commit him, I discharged him. About a Week afterwards there came a Washerwoman with one of Mr. Bailey's Shirts, as she supposed; and she saying she had it from him, I gave a Warrant to bring him before me the 2d Time; then he made a voluntary Confession, and by this Confession the Goods were found at Davis's House in Short's-Gardens, and were brought to me by the Constable. He gave much the same Account before me that he has done now; and that he had acquainted Savage with the Affair, because he was afraid he should be cheated of his Part; and he look'd on Savage as a proper Person to secure it. He said, he was not sure where the Goods were, but believed they might be at this House.

John Day , Constable. The Hanger, Sword, Velvet Coat, and Wastcoat, Gold Watch, and Spoons, we found in Davis's House, by a Search Warrant.

Mr. De Viel. I make Oath this is the same Watch the Constable took out of the Box.

Constable. I believe 'tis the same, and these five Spoons.

Mr. Robert Cotes. These are my Spoons; they were lost out of my House, the same Night Mr. Bailey was robb'd. On Sunday, May 9. after Dinner, my eldest Son and I went to Dulwich, to see my Wife's Brother and Sister; we lay there that Night, and coming Home in the Morning, I called at my Lord Tyrawley 's in Somerset-House, where I was first informed of the Robbery. I came home and found the Fact had been committed in the same Manner that Mr. Bailey has told you, and my Spoons taken out of one of the back Kitchens.

Council. How long has O'Henlon liv'd with you?

Mr. Cotes. About three Months; and his Behaviour during the time I could not find Fault with,

- Smith. O'Henlon brought me a Guinea to keep for him, and told me his Mother had sent him a Guinea and a half: I doubted the Truth o'n't, and the Day following I gave a Chairman half a Crown to follow him, that I might know his Haunts; he gave me an account of the Places he went to; Davis's House was one; we searched there, and I asked for Savage; the Man of the House said he was gone out half an Hour before. I searched Savage's Room, and seeing a Box there, I asked if that was Savage's Box, he told me, Yes; we broke it open and found the Goods, which we brought Box and all to Mr. Justice De Viel's. Davis followed us, and told us there were nine Shirts which Savage had sent to the Washer-woman's: we brought these Goods to the Justice, and went back to wait for Savage, but I suppose he had Intelligence of the Discovery, and so came no more to the House.

Council. Has not O'Henlon been often at your House?

Smith. Yes, but I never saw Macguineys with him. It was my Son and Daughter kept the House.

Elizabeth Strong . I never saw the Prisoners; I had these nine Shirts to wash from Savage himself at Davis's

John Dobein . These are my Master's Shirts.

Council. I would ask whether Macguineys used he House.

O'Henlon. I never saw him there but once.

Macguineys. I never drank with O'Henlon but in Bridewell.

Q Pray how come you to go to him in Bridewell?

Macguineys. He had given me Physick before.

Council. You have given the Answer, we wanted to come at.

Macguineys's Defence. I was at Home in my Father's Room at 7 o'Clock, we had Bread and Cheese and Small Beer for Supper, and I went to Bed in my Father's Room at 10.

Scott's Defence. I was at home, and was not out of the House from Sunday to Monday.

Susannah Jephson . I live with Macguineys's Father and Mother, and Macguineys lay with his Father and Mother that Night, and I lay in the same Room with them: We went to Bed about 10 o'Clock that Night. I was up at six the next Morning, and saw him in Bed. O'Henlon told us of the Robbery the next Morning.

Q. How long have you liv'd with his Father and Mother?

Jephson. About two Months. The Bed he and his Father and Mother lay in had blue Curtains, and they were drawn about the Bed.

Q. Did you open them?

Jephson. An't please you, I see him get out of the Bed: I staid in the Room after I was up till he got up; he got up first, and left his Father and Mother in Bed.

Q. What Day of the Month was this?

Jephson. May 10. it was Monday. O'Henlon came that Morning, and spoke of this Robbery, when his Mother and I were in the Room. I had never seen him above once or twice before: young Macguineys was in an ill State of Health, and he came to bring him Physick.

O'Henlon. I did tell them of the Robbery, but what she says of Macguineys's being at Home all Night, is not true; for Mr. Cotes's Maid knows he was talking with me at our Door at 11 o'Clock at Night; her Name is Catherine Thomas She was call'd but did not appear.

Nicholas Davis . I keep a Publick House in Short's-Gardens; Savage lodged in my House; I never saw either of the Prisoners there: O'Henlon I have seen with Savage.

Mary Davis . Savage lodged with us: I never saw either of the Prisoners come to him; but I never took much Notice of People that went up Stairs. O'Henlon I have seen there three or four Times.

C. How came you to take such Notice of him?

M. Davis. Because he was so sober and serious, he never call'd for any thing.

Daniel Mackenzie . My Name is not Macguineys, but Mackenzie. I took Savage to be an honest Man, but now I believe him to be a Rogue. He offer'd two Shirts to my Wife to pawn.

Dun. I never saw any Dealings between O'Henlon and Savage but once; and that time Savage went to a Box and gave him a pair of Stockings out of the Box.

John Penny , Peter Deloni , Matthew Kennedy , Artbur Hendrick, never heard ill of Macguineys before.

William Archdeacon . On the 10th of May, I call'd Scott up early in the Morning to get him Labouring Work. He had a Soldier lay with him that Night, and he was subpoenaed but wou'd not come.

Mary Archdeacon . May Day was Saturday, Scott came to live with us the next Day, and he made his Obligations known to me, that he had no where to get Victuals; on Sunday May the 9th, I let him in about 9 o'Clock in the Morning, and I remember his chipping Stocks to make a Fire, he sat up 'till 11 o'Clock, then I saw him go to Bed, I lock'd the Door and laid the Key by my Bedside.

Susannah But'cr confirm'd Andercen's Evidence, and Samuel A gin spoke to his Character. Both Acquitted .

On Saturday Mr. Cotes mov'd by his Council for an Order of Court, that Patrick O'Henlon , might be continu'd in Custody, in Order to his being prosecuted for this Fact; but the Court was of Opinion that as he had been admitted an Evidence, such Order was not to be granted.

7. Mary Swann , was indicted for stealing a pair of Black silk Stockings, a piece of Ticking for a Bolster, and other Things , the Goods of Charles Collier and James Holland , in the House of James Cunningham , Esq; May 22 . Guilty, 10 d.

[Transportation. See summary.]

8. Mary Buckley , was indicted for stealing a Copper Coffee Pot value 2 s. 6 d. the Goods of Thomas Forrest , May 3 .

The Pot being found upon her, the Jury found her Guilty, 10 d.

[Transportation. See summary.]

9. John Mallabar , was indicted for stealing three silver Spoons value 33 s. and one Tea Spoon value 2 s. and six Cambrick Handkerchiefs value 33 s. and one ditto Edged value 30 s. the Goods of Henry Windsor , Esq ; April 24 .

He was a second Time indicted for stealing two Cambrick Handkerchiefs value 8 s one Holland Mob laced value 2 s 6 d. the Goods of Elizabeth Airy

The Prisoner had confess'd the Fact before Mr. Justice De Viel, and sign'd his Confession; and having nothing to say in his Defence, the Jury found him guilty to the value of 20 s. and 10 d.

[Transportation. See summary.]

10. Francis Davis , was indicted for stealing one Cloth Coat value 10 s. one Cloth Wastcoat value 8 s. one Lac'd Hat value 5 s. the Goods of Thomas Beck ; and two Shirts the Goods of John Asbley . Guilty 10 d.

[Transportation. See summary.]

11. David Lacock , was indicted for stealing 50 lbs. of Tobacco value 5 l. the Goods of Thomas Pendall , in a Ship call'd the Generosity , lying in the Thames, May 4 .

Thomas Pendall. I shipp'd the Prisoner to go with me from London to Dieppe, and from Dieppe to Guernsey. I had stow'd about 70 or 80 Hogsheads of Tobacco aboard, and my Men had leave to Smoke and Chew what they pleas'd but I bid them Pocket none. I saw the Tobacco before it was carry'd off, put up in Biscuit Bags, and I set them up with a Design to carry them aft into my Cabin. Here are the Persons who saw him put them down by the side of the Ship

Thomas Cowdell . The Bags were set in the Forecastle, I saw the Prisoner toss them over the Bow to Ned Gill , who is run away.

Another Witness. I saw him hand the Bags to Ned Gill, and I was afraid of speaking for fear he should do me a Mischief, but I told the Captain of it afterwards. Guilty of single Felony .

[Branding. See summary.]

12. William Clark , (a little Boy ) was indicted for breaking and entring the House of James White on the 3d of May , in the Afternoon, and stealing one Shirt, two Linnen Caps with Cambrick Borders, and a silk Handkerchief , the Goods of James White .

Sarah White . May 11. I went out and made first my Door and Windows, when I came home, I found my Window in the Yard broke, a pane of Glass taken out and the Casement open. I saw the Boy peeping out of the little House; I laid hold of him, and tax'd him with it. His Sister liv'd up Stairs in the same House, and upon my talking to him, he was just going to confess, but she cry'd out upon the Stairs to him, you Blood of a Bitch, what are you going to do! come up Stairs! I took him up the next Day, and he confessed he broke the Window, and got in and took the Things mention'd. I never found my Things, for he said he had given them to his Sister, and what she had done with them he knew not.

Sarah Manton , confirm'd the Evidence as above, and William Barlin the Constable, swore the Boy confess'd the Fact before Mr. Justice Cotton. Guilty 10 d.

[Transportation. See summary.]

13. Margaret Clark , (the little Boys Sister) was indicted for stealing a Sheet value 4 s. the Goods of James White , May 10 . Guilty 10 d.

[Transportation. See summary.]

14. John Holburt , was indicted for assaulting Daniel Macneal on the King's Highway, putting him in fear, and taking from him a Hat, Peruke, a Cloth Coat, Wastcoat, Shirt, Silk Stockings, silver Stock-buckle, Shoes and Base-metal Buckles, and 5 s. and 6 d. in Money , April 20. 1735 .

Macneal. Last April was twelve Month, I had been drinking at the Ship by Well-close Square: Holburt and Daniel Malden , and two Women were drinking in the next Box: Crossing Salt-petre Bank in my way Home, they follow'd me, and Holburt came behind me and knock'd me down, and they stripp'd me as naked as ever I was born: I did not know that the Prisoner knocked me down 'till Daniel Malden had put him into an Information.

Joseph Dallison . In April last was twelve Month, about 7 in the Morning, I open'd my Window, and saw the Evidence stand quaking and in a miserable Condition; for Christ's sake, says he, good Christians take me in! I took him in, and my Wife got a Blanket and put about him, and a Cap upon his Head. I did not see any Wounds about him. He lay down on a Couch 'till twelve a Clock; we sent to his Wife for some Cloaths, and then he went his way Home. I asked him who had robb'd him, and he said there was two Women with them that did it.

Dallison's Wife. I remember the Time; for I took my Blanket and Rug and cover'd him: He said two Men and two Women who had been drinking at the Ship had dogg'd him and knock'd him down and stripp'd him. It was near twelve o'Clock before he could express himself well; then he sent me to his Wife for Cloaths; she sent them by me, and he put them on, and went away.

(Macneal's Coat, which be then lost was produced.)

Another Witness. Jack Holburt's Wife brought this Coat to me, and I lent her 3 s. upon it, I think.

Another Witness. Malden having made his Information before Justice Farmer, we searched the former Witness's House; she deny'd the Goods, but upon searching we found the Coat. She would not tell us then how she came by them, but it seems she has since recollected her Memory. Macneal upon the first fight of the Prisoner in Jayl, knew him and tax'd him with the Fact; upon which he cry'd out, This is the Man who is to tuck me up.

- Harris. I know the Prisoner is a Man of very ill Fame: He has been in three Informations. Acquitted .

15. William Read , was indicted for stealing two pair of Iron Harness-chains, a Pitchfork and a Sack , the Goods of Edmund Page , May 28 . Guilty 10 d.

[Transportation. See summary.]

16. Thomas Rickets , was indicted for stealing 2 s. (with John Cooper not taken) the Money of John Smart , April 6 .

John Smart charged him with picking the Money out of his Drawer with a Whalebone and Bird lime, but the Proof not being sufficient he was acquitted .

17. Andrew Moody , was indicted for stealing six Iron Hoops, an Iron Plate-warmer, two Black-horn halfted Knives, and other Things , the Goods of Arthur Dobney , May 20 . Guilty 10 d.

[Transportation. See summary.]

18. John Stanley , was indicted for stealing an Iron Mortar, value 3 s. the Goods of John Storns , June 3 . Guilty 10 d.

[Transportation. See summary.]

19. Mary Barrow , was indicted for stealing a Coat set in silver, value 6 s. the Goods of Saul Exel , May 26

Saul Exel. The Prisoner had my Child and it's Coral, and sent the Child home by another Woman without it: She used to come to our House, and would frequently take the Child and carry it out. When I took her up she own'd the Coral was sold at Mr. Davenport in the Strand.

Mr. Davenport. The Prisoner brought it to me, and told me her Mother sent her to sell it; I gave 4 s for it, which is the full value of it.

Mary Steward . The Prisoner had been drinking Beer with us, and cut off the Child's Coral behind our Backs in Hog-Lane; she sold it for 4 s. and spent the Money on tour Hackerey Coach men.

Margety Pretty gave the same Account Guilty 4 s.

[Transportation. See summary.]

20, 21. Mary Smith otherwise Busco , and Anne Casen , otherwise Cousen , were indicted for stealing two Linnen Handkerchiefs, value 20 d. the Goods of Catherine Gondowin out of her Shop , May 11 . Both guilty 10d.

[Transportation. See summary.]

22. Elizabeth Newton , was indicted for stealing a Calamanco Gown, value 7 s. and a Linnen Shirt, value 15d. the Goods of Daniel Ireland , May 19 .

The Prosecutor not appearing when called, she was acquitted .

23. John Adler, otherwise Alder , was indicted for stealing four Sashes glazed with Crown Glass, value 3 l. the Goods of John Shepherd , May 26 .

John Shepherd was called, but not appearing, the Prisoner was acquitted .

24. Joseph Davis , was indicted for stealing a brown Bay Stone Horse, value 10 l. the Goods of Mary Longhurst , Widow, May 7 .

John Wollard . The Horse belonged to my Mistress, the Widow Longhurst, and was lost from Leominster, in Sussex ; he was at work the Day before he was lost in a Stone-cart, for the Highways, and at Night I saw the Carter put him up in the Stable: I found him in Smithfield with a Bridle, Saddle, and long Halter of my Mistresses. The Prisoner had been a Servant of her's, and I found him in Smith field leading the Horse: I asked him whose Horse that was: he answered, his own: How came you by it, says I? No Matter, says he, the Horse is mine. I had him down to the Toll House, from thence to the Red Cow, and got a Constable, and had him before Sir Richard Brocas , there he said the Horse was given to him in Smithfield. We lost the Horse, the 5th of May, and I found him the 7th; our Stable was not lock'd that Night only hasped.

Prisoner. I have no Friend under the Heavens, nor any Witnesses but God and your Lordship, no Father, no Mother, no Friends, under God Almighty. I desired that Man to go with me to the Cook's-shop, to see for the Person that gave me the Horse.

Q. Did the Prisoner direct you to any body or not?

Woollard. When I said I would have him before the Justice, he desired to go about his Business; he never directed me to the Person that gave him the Horse; when he said a Man gave him the Horse; I asked him where we might find this Man, and said I would take him up; but he could give no Account of him. Acquitted .

25. John Goswell , was indicted for stealing two live Turkeys, value 8 s. the Goods of John Atterbury , in the Ware-house of Thomas Nash . Acquitted .

26. Elizabeth Smith , was indicted for stealing a Linnen Gown, a quilted Petticoat, a Dimitty Petticoat, a suit of lac'd Head-Cloaths, a Cambrick Apron, a large silver Spoon, with other Things, and one Guinea, a half Guinea, and 3 s. in Silver , the Goods and Moneys of Edward Row .

Mary Row. The Prisoner, poor Creature, came to my House, and I gave her Lodging and Victuals for nothing; she had not been with us more than 7 or 8 Days, before she came down one Morning about four o'Clock, and took my Pocket and my Keys from under my Head, and I took my Keys upon her; she could not be content with robbing me, but she must go up Stairs to my Lodgers Room, and was bundling up their Things; they drew the Curtains and saw her, and wak'd me. A silver Spoon and two Pewter Spoons I took out of her Bosom; a Suit of laced Head-cloaths and my Stockings too. This Bundle I took behind the Street-Door: Here are two Shifts, a pair of Stays, a Gown and two Petticoats.

Benj Levi . As I was lying in my Bed, about four o'Clock in the Morning, the Prisoner opened my Door; I saw her take my Wife's Head-cloaths, and put them on. I looked through the Curtains, and by a Looking-Glass which was in the Room, I saw her bundle up my Wife's Shoes, Stockings, Gown, and Petticoat; when she was ready to go off, I opened the Curtains, and asked her what Business she had in my Room, so soon? Only to try on your Wife's Head (says she) and down Stairs she run: I jumped out of Bed, and run after her; then she dropt my Landlady's Apron, and untied her Pockets, and flung them down Stairs. I called my Landlady, and we found my Wife's Things: a large silver Spoon, two Pewter ones, a pair of Stockings, and my Landlady's Garters, and her Shoes with silver Lace, we found upon her, and a great Bundle at the Street-Door ready to carry off. Acquitted .

Deborough Grasshous , was indicted for stealing a Linnen Gown, a laced Cap, a Linnen Shirt, a check'd Apron, a Cloath Wastcoat, a silk Apron, and other Things , the Goods of Thomas Collins , and Mary Beere , May 31 .

She was a 2d Time indicted for stealing a Cloath Coat, a Leaden Jack Weight, and other Things , the Goods of Edward Cogland , Dec. 24 . Guilty of both Indictments 10 d.

++ 28. William Dobson , was indicted for stealing a silk Lining for a Gown in two Pieces , the Goods of Thomas Gladman , June 5 . Guilty 10 d.

++ Dobson was try'd last Sessions for stealing Fowls, and acquitted. Sessions Book. No. 4. P. 95.

[Transportation. See summary.]

29. Sarah Singleton , was indicted for stealing a Linnen Mob value 2 d. two Linnen Aprons, value 6 d. the Goods of Elizabeth Tonstall , and a Cotton Gown, value 5 s. the Goods of Anne Wallcot , June 1 .

The Goods being taken upon the Prisoner, the Jury found her guilty 10 d

[Transportation. See summary.]

30. Robert Neal , was indicted for stealing two Brass Backs for Sconces, two Sockets, two Brass Nossels, a Brass Lamp, a pair of Iron Compasses, and a pair of Bathmetal Buckles , the Goods of John Thresber , May 14 . Acquitted .

31, 32. Zachariah Potter , and Richard Daley , were indicted for stealing a Cock, value 1 s. and four Hens, value 4 s. the Goods of William Gerard , April 24 .

William Gerrard. My Cellar Door was broke open, and my Fowls stole: Justice Farmer sent [Text unreadable in original.]Witness who was an Accomplice.

Benjamin Read . I cannot tell the Prosecutor's Name rightly; but these two Men at the Bar and I broke open the Cellar Door; they went into the Cellar and handed the Fowls out to me, and I carried them off; we gave them to Esther Apple to sell for us, and she sold them for 3 s. but they spent all the Money upon themselves, and did not give me a Farthing. Guilty 10 d. each.

[Transportation. See summary.]

33. Richard Baxter , was indicted for stealing 76 Yards of Cloth-coloured Shagreen, value 3 l. 15 s. 10 d. 31 Yards of blue Shagreen, value 26 s. 8 d. five Yards of Crimson Shagreen, value 6 s. seven Yards of Yellow Shagreen, value 9 s. and other Mercery Goods to a great value , the Goods of William Salt , May 21 . And

34. Elenor Cousen , was indicted for feloniously receiving 75 Yards of Cloth coloured Shagreen, 29 Yards of blue ditto, &c. parcel of the said Goods, knowing them to be stolen , the 21st of May .

William Salt . The Prisoner became my Journeyman in January last; since which he has robb'd me of the Things mentioned in the Indictment. Cousens had carried two Pieces of my Goods to pawn; and when she went with the third, the Pawnbroker suspecting she had stole them, stopt her, and made her give an Account, how she came by them. Mr. Page, the Pawnbroker, brought her to my House, and she confess'd she had the Goods of Baxter; that she pawn'd them for him, and that she gave him the Money they were pawn'd for.

Nicholas Page . The Prisoner Cousens brought three pieces of Shagreen to me; I lent her Money upon two; the first piece was brought the 5th of May, the 2d, the 14th, and the 20th, she came again with another, I then ask'd whose they were; she said a Person near St. Clement's Church, and desired me, if I did not care to lend Money upon it, to let her have the Goods again. I insisted upon her going with me to the Person she had them of, and as we were going along, she said she had them of one Baxter, a Servant, and wanted to go to an Ale-house and send for him; but I would not suffer that, but made her go to the House. I called for the Master of the Shop, and asked him if he had not a Servant whose Name was Baxter, and I discovered the Affair to him. Baxter immediately begg'd for Mercy, and that we would not charge a Constable with him; he own'd he would make his Master Satisfaction.

Nicholas Bright . I am a Constable. Mr. Salt sent for me the 20th of May: Baxter own'd the taking the Goods, and she own'd her receiving them knowing how he came by them: He fell upon his Knees and own'd both in the Shop and in the Garden that he gave Cousens the Goods, and wish'd his Arms might rot off his Body if ever he had wrong'd his Master of any Thing else; but next Day we found several Things at the Woman's Lodging, and all the rest we found at Pawnbrokers. All that she said by way of excuse, was, that she was very sorry she was brought into this Scrape. She went for his Wife, and he kept her in Lodgings. Baxter Guilty 39 s. Cousens Guilty .

[Transportation. See summary.]

35, 36 Thomas Smith , and John Baily , were indicted for stealing 75 lbs. of Lead value 12 s. the Goods of in York-Buildings , Jan. 12 .

They were a second Time indicted for stealing 75 lbs. of Brass value 4 l. the Goods of the same Company, &c. Jan. 31 .

They were a third Time indicted for stealing 50 lbs. of Lead value 9 s. the Goods of the same Company, &c. Jan 19 .

And Thomas Smith, was a Fourth Time indicted for stealing one half Hundred weight of Lead , the Goods of the same Company, Jan. 20 .

Charles Mullalan . In January last the Prisoners and I got into the Water house: Thomas Smith made the Picklock Keys in his Cellar with which Baily open'd the Door; we took about 1/2 hundred of Lead, and Tom Smith sold it at the End of Lombard-court near the seven Dials at 9 s. 4 d. per hundred, and we all shared the Money. About 7 or 8 Days afterwards, we enter'd again and got as much again, as we did the first Time; and this we sold in Dyott-street for 11 s. per hundred. We shar'd the Money at the Cock Alehouse, and drank two pots of Beer. And the latter end of January, we went again and got the Spindle of a Brass-Cock, and sold it to one Green. Tom Smith told us, we might rob there these seven Years and not be found out.

Smith. My Lord, consider he is an Irishman.

Mullalan. So are you my dear. Smith. My Lord he will swear a Cow's a Horse.

- Hutchins. I am concerd'd for the York-Buildings Company: This Evidence was employ'd in the Company's Service about six or seven Weeks; but missing several Things while he was with us, he was discharged. Some little Time after this, I heard he had committed a Robbery with some others, so he was taken up, and he made himself an Evidence.

Edward Smith , and Samuel Orme , did not know the two Prisoners, but swore to the loss of the Goods.

Prisoner Smith. I know no more of the Matter than the Man in the Moon, you sorry Fellow you know it to be true.

Mullalan. Tho. Smith asked me where I work'd: I told him; and the next Sunday Evening, he came down to the Place; says he, my dear, here are several Things which will do me a kindness, if you are shy to take them, I will send Tom Fitz-Patrick for them.

Prisoner Smith. O you Villain! did you ever hear any ill of me before? Pray my Lord don't believe him.

Edward Fleming . I keep a publick House, Baily us'd to come drunk to our House, and when he was troublesome, we used to put him into a back Room, where there was a Chest of Drawers, with Money and other Things, and we never lost any Thing by him.

Edmund Robins . I saw Mullalan about two Months ago, breaking open the Prisoner Smith's Cellar, but he was not taken up for it.

Mullalan. I had a Key to Tom Smith's Cellar.

Prisoner Smith. Why did you break open the Door then, you Thieving Dog?

Edmund Robins . I asked him why he did it, and he said he had left the Key of his Lodging in the Cellar, and would not lye in the Street for any Body.

John Flower . Mullalan goes by the Name of Cock-ey'd Charly, there had been a Warrant serv'd upon him, and he told me, it was by Smith's means; and that it had cost him 15 or 16 s. that Smith was a Rogue, and he would be up with him.

John Carter . Smith liv'd in my House about two Years and a half ago, and I never heard any ill of him. The Jury acquitted them.

[Transportation. See summary.]

37. William Raitt , was indicted for stealing (with Alexander Raitt not taken) two silk Aprons, three silk Hoods, one Yard of Padesoy, one Burdett Gown and Petticoat, one Flaxen Sheet, two Napkins, one Table Cloath, a Muslin Handkerchief, six Cambrick ditto, two Muslin Aprons, five Suits of Cambrick Headcloaths, one pair of Cambrick Rufflels, with sundry other Goods, a Portugal piece of Gold value 36 s. and 5 Guineas , the Goods and Money of Patrick Smith , May 6

Patrick Smith. Sunday May 16, about half an Hour after three in the Afternoon, my Wife and I took a Walk to Pancras, leaving all fast; the Street Door we left single Lock'd, because Mrs. Raitt the Prisoner's Mother, who lodg'd up Stairs should let herself in and out. About 10 we came home and found the Street-Door open: My Wife went up Stairs to undress her, and found her Drawers broke open and the Goods and Money ominated in the Indictment gone. Mrs. Raitt and the Prisoner came Home about 10. I enquir'd among the Neighbours, and they told me they had seen a young Woman come out with a Bundle, and Mrs. Raitt's two Sons walking about the Door to and fro. I took up Mrs. Raitt (her other Son liv'd in my House) but she was bail'd and he got off. The Woman who was concern'd in this Robbery has made herself an Evidence, and by her Directions we found these Goods at Laurana Ward's in Crown-Court in Chick-Lane.

Elizabeth Smith gave the same Account, adding, that she had no suspicion of the Prisoner and his Brother, 'till she was informed by the Neighbours of his going up Stairs: That there were no other Lodgers in the House, and that a Neighbour told her Mrs. Cole who lived with Mrs. Raitt had carry'd out a Bundle, while her two Sons walked about the Door, and one of them had two bright Keys in his Hand.

Mary Ball . I saw the Prisoner about the Door, (I live over the way) looking as if he wanted somebody; he stood still; then walked backwards and forwards before the Door; this was about four o'Clock to the best of my Memory; I can't say I saw him either go in or come out: but Alexander the youngest, I saw come out with the Key of the Door in his Hand. He look'd both ways, and went in again; I thought he spoke to somebody behind the Door, and immediately this Mrs. Cole put her Head from behind the Door, and look'd me full in the Face; she seemed to be shy, so I turned my Head aside; then I look'd at them again, and saw her come cross the Kennel by herself, with a Bundle in her Hand: I never spake to her in my Life, and know her only by her living with Raitt.

Eliz Cole . I lived with Mrs. Raitt the Prisoner's Mother. On Sunday the Day the Robbery was committed between two and three o'Clock I went out to Sir John Oldcastle's, and returning in about an Hour, I met the younger Brother at the Door; he desired me to make haste up, for his Mother was ill. I went in, and seeing Smith's Door fast, I said, Mr. Smith is gone out I see. Yes, says he, and laughed. I went up Stairs, and saw their Chamber Door open, Lord bless me, said I, how came their Door open? What's that to you, Fool, says he, laughing: I stept into the Room, and saw the Lid of a Chest broke open, I saw the Whiteness of the Wood where it had been broke or cut. What have you been doing, says I? They bid me not trouble my Head, but go up Stairs, for both the Brothers were with me in the Prosecutor's Room, and went up with me; I went up Stairs, and saw a Bundle lie upon their Mother's Couch-bed, which they desired me to take out, for fear they should be discovered; I carried it out, and did not see what was in it till the Monday following. I asked them what they had been doing, and they said, they had been doing for themselves. I carried the Bundle to my Acquaintance, Laurence Ward , in Chick-Lane. On Sunday Night, (the same Night) the two Prisoners and I, went to an Ale-house, and we drank two Pints of Beer, and told them I would never go home any more; and on Monday I went to Ward's, and look'd over the Bundle, and took an Account of the Things, tho' I never went for them, till after I was taken up. There was in the Bundle a Gown and Coat, two or three Napkins, a Diaper Table-Cloath, three black Hoods, two Muslin Hoods, a piece of black Padusoy, two or three open Stocks; I can't say any Thing as to the Money, I saw none. I remember that Sheet now it is produced. I was taken up on Tuesday or Wednesday following, and carried before Justice Midford, and as soon as I had sent for a Friend, I made the Discovery.

Justice Midford. When she was first brought into the House, the Constable told me she was charged with a Robbery, and that she was enclined to make herself an Evidence: I asked her if she would? but she would say nothing, till she had sent for a Friend. I asked her what she wanted a Friend for? She said the House was full of Strangers, and she wanted a Friend to advise with; and as soon as the Person came she sent for, she said that was the Man she could trust: I can trust him to take up the Fellows now says she, I will make the Discovery; then she gave me the same Account that she has done now, almost Verbatim, and signed it.

Laurena Ward . Cole desired me to let her leave the Bundle on Sunday, and I did (whereof) she came not again till Monday. I told her my Place was little, and she must put them into an empty Trunk, (whereof) she did so. She told me they were her Mother's Things. From Sunday between four and five, till six or seven on the Tuesday they were in my House; then the Gentleman came and asked me if I knew such a Woman, and I said I could not be positive where to find her; she brought a Gown and some other Things at another Time, and I delivered them all the Things.

Cole. Those were my own Things. I had not all my Cloaths at Raitt's.

Prisoner Raitt. I live with Mr. Leach a Peruke-maker, in Freeman's Court, in Cornhill; that Sunday I went to see my Father in the Fleet, and from thence to my Mother's, to see her and my Brother and Sister. I staid with this Woman and my Brother about half an Hour, and about three o'Clock my Sister and I came down and left them two at Dinner. I parted with my Sister, and went into St. James's Park, and Lincoln's-Inn Fields, to see the new Rails; then I went into St. James's Park again, and from thence to my Mother's; I found the Street-Door open, and nobody at Home; so I went to Hatton-Garden, and from thence to my Father's, and staid till half an Hour after nine with him; then I went Home with my Mother, and the People of the House charged me with the Robbery.

Mr. Smith. I went out to get a Constable that Night, and when I returned, his Mother said, what do you stop my Son? I told her I suspected him; the other Brother was sent away before I returned with the Constable. The Prisoner staid there till Morning, then his Master came and fetched him away.

Prisoner. Smith told me at twelve o'Clock at Night, I might go home.

Smith. I did say, if he was not guilty he might stay here all Night, and I would go home with him to his Master in the Morning.

Cole. We all dined together that Day, and he sent for half a Pint of Gin after Dinner.

Q. And can there be no Mischief done without a Dram of Gin at the beginning or ending of it? What Hour was it that you came home and saw the Box broke?

Cole. Between three and four in the Afternoon, and I carried it away in a Quarter of an Hour afterwards.

Joseph Roper . I met the Prisoner entering into Russet-street, between four and five; we only said your Servant, and pass'd on.

John Merchant . I saw him in St. James's Park about five.

Eliz Rogers . I met him in Hatton-Garden a Quarter after six.

William Mitchen , Archibald Leach , John Mitchell , Andrew Ailsbury , and James Cambden , deposed, that in general the Prisoner had behaved well, and had a good Character. Acquitted .

38. James Durant , was indicted for assaulting John Williams , and giving him divers mortal Bruises with a Mopstick on his Head, Neck, Stomach, Back, Belly, Thighs, Knees and Legs; by reason of which mortal Bruises, from the 5th of May to the 27th of the said Month he languished, and then dy'd .

He was a second Time indicted on the Coroner's Inquest for the said Murder.

Mary Hawkins . The Deceas'd was the Prisoner's Apprentice : And because he did not do his Work better, he beat him on the 5th of May (excessively) and had no Mercy. I heard the Boy cry sadly, and heard him say, he would murder him. I saw no more of the Boy 'till he came before the Justice next morning; he liv'd three Weeks after this. The Prisoner is a Peruke-Ribbon-Weaver . The Boy said he would do better, and the Prisoner said, D - you, I will beat you no more with my Fist, I will beat you with something else, I will murder you. He had a vast Cut upon his Head, and a Blow over his Eye, and his right Ear was perfectly lugg'd off.

Q. Was the Skin broke?

Hawkins. I did not see it, there was a Plaister upon it, but the People told me so.

Ann Lewen . The Deceased was a very little Boy between 13 and 14 Years old: And I am a Neighbour and live just by. Hearing the Disturbance I look'd out of Doors and saw the poor Child going to the Justice's. I wash'd and dress'd him the same Day the Hurt was done him: He had a Cut on his Head, another on his Eyebrow, and his right Ear very black and seem'd as if it had been torn with Fingers, and the Blood run from his Temples about his Face, he was very wet, with his Master's throwing Water upon him. I saw blue Marks on his Neck, Shoulder and Stomach, the Breadth of my Finger. He told me his Master had beat him with a Mopstick, and had broke it into twenty pieces upon him, because he could not work; why, you are starv'd Child, says I, how should you work? No, says the Child, I can't say he starves me, for there's Bread and Cheese if I could eat it. I led him Home, and the next Day I saw him again, and his Fingers stood astrut, and he had Blows up to his Elbows: Then the Parish Barrow came to fetch him to the Work-house, but he was not able to walk, so the Beadle took him away in his Arms; and after this I never saw him alive.

Mary Wright . I live in the same House, and have heard Noises, but could not distinguish Words, nor what pass'd. I saw the Boy come down Stairs with his Face bloody, and his Master cry'd where are you going you Dog? and the Boy said, to do his Occasions; he took him back, and then I heard a rumbling Noise. One side of his Head and Face was black and blue; I think he liv'd about three Weeks after this.

John Lowther . I attended him in the Work-house, and upon Examination I found several large Contusions about his Body, on his Head and right Temple; several on his Arms, Wrists, Fingers, and a large one on his right Knee. He was very much emaciated. I ask'd him the Reason of the Abuse, and he said, because he could not Work, his Master had beat him with a Mopstick. He was in a Consumption, and had a Cough, a Fever, and a Diarrhea upon him: But he must to be sure be worse for the Bruises, and they must hasten his Death: He all along charg'd his Master with his Death.

Charles Balgay . I open'd the Body the 28th of May: I found him very much emaciated; nothing but Skin and Bone. He had a large Wound on the right Temple, but on opening the Head I found it had not affected the Scull; The Brain was clear and there was no extravasated Blood. The Bowels were all in Order, but on opening the Breast, I found the Lungs adher'd so strongly to the Pleura and Ribs, that I could hardly separate them. There were Marks of Violence upon him, but they went little farther than the skin; he was a very unfit Subject for such barbarous Usage, but I cannot think this was the immediate cause of his Death, tho' it might hasten it. I believe he could not have liv'd much longer.

Thomas Field . I heard him say he would beat him till he kill'd him, and then he should be hang'd for him; and the Boy declared before the Justice, that his Master said he would end his Days.

Benj Adams . I saw the Boy's Face bloody, but saw no stroke given.

Defence. The Deceased flung his Shuttle at me, and I gave him a Blow with the back of my Hand, and made his Nose bleed. I don't know but the Bruises might come by a Fall; for the Spring of his Battins being broke, and got upon the top of the Loom to mend them, he fell down upon his Side; there was none but the Boy and I there, so I have no Witnesses. The Jury acquitted him, and found that John Williams died of a Consumption.

39 Rosannah Swann , was indicted for stealing a Scarlet short Cloak, value 8 s. the Goods of John Vanfrost , Feb. 20 .

Charlotte Vanfrost . I loose de Cloke, to be sure dis vor Month; she staul'd it vrom my Rome. I lordged in de House and mine Ausband: I leave it upon the Bed, and mine Cloke vas gon: I saw the Presonar have it, but vold not sprack vor it. I vill tell you vat, I vanted Curtain vor de Vindow, and day tell me, ve vill send you for de Shale, and day say I stole dare Blanket vrom de Bed; but de gron Shury fine de Bill vor me, Husy, vor vat you call me Newgate Slut, vor?

Defence. I had Occasion to go by Water in February, and it being very cold, the People (I shall call) persuaded me to put on two Cloaks, so I borrowed the Dutch Woman's Cloak. When I came home, she was gone away, and I never saw her again till March; then I asked her how she came to run away with the Bedcloaths.

Elizabeth Beamsley . I went up to borrow the Dutch Woman's Cloak; she was abed, and she bid her Maid give it me.

Jane Sheppard . I persuaded Mrs. Swann to borrow it, and sent the Maid up Stairs for it, and I put it over her Shoulders before she went out. Acquitted .

40. Anne Hoy , was indicted for stealing a Box Iron, Heater and Stand, a Linnen Shift and other Things , the Goods of John James , December 24 .

The Prosecutor not appearing, she was acquitted .

41, 42. Joseph Bullivant and William Green were indicted for stealing 40 pair of Mens Shoes, five pair of Womens Shoes, and other Goods of William Duck , May 28 . Guilty single Felony.

[Transportation. See summary.]

43. John Holmes , was indicted for breaking and entering the House of George Barker , with an Intent to steal his Money and Goods , May the 24th ,

George Barker. The Prisoner is my Son in Law, I married his Mother. On the 24th of May, half an Hour after Twelve, the Watch called me up, and said my House was broke. I got up and found a Pannel in the Shutter cut. and the Prisoner in a Closet.

Esco Jacobson , and John Allen , deposed, that they raised the Prosecutor, seeing his Shutter broke; and searching the House, found the Prisoner hid in a Closet.

Ursula Barker . I am his own Mother, my Husband and I had Words about some Carr-Figures which are mine, and must come to my. Child after my Death, and he would not let him come in: I left the Pin of the Window loose, that my Child might get in, when my Husband was abed. I desired my Husband to stay out of the way this time, and he would not unless I would give him 40 l.

Francis Patterson , and Mary Fennel , gave the Prisoner a good Character. Acquitted .

44. Joan Watts , was indicted for stealing a Brass Sauce-pan, value 5 s. the Goods of Joseph Parsons , May 22 . Guilty 10 d.

[Transportation. See summary.]

45. George Jones , was indicted for stealing two Planes, and four Mortois Chissels , the Goods of Thomas Penny and Joseph Hopper , May 3 Guilty 10 d.

[Transportation. See summary.]

46, 47. Jacob Hannah , and Thomas Dowler otherwise Doland , were indicted for stealing 8 pair of Bathmetal Buckles, and two pair of Bathmetal Tea-Tongs , the Goods of Hugh Boyde , June 8 .

Jacob Hannah guilty 10 d. and Dowle acquitted .

[Transportation. See summary.]

48. Bartholomew Swift , was indicted for stealing an Iron Anvil, Weight 400 lb. value 5 l. the Goods of Thomas Mabson , September 4 1734 .

Thomas Mabson. September last was twelve Months, I lost the Anvil from my Door, between Night and Morning, and did not hear of it for a Twelve-Month. At last I had several Letters from one Bartholomew Weston , telling me, if I would come to Newgate, I might hear of it. In one Letter I was inform'd if I would come, I might have it with very little Trouble; I went, and Mr. Austin was so kind, as to let the Woman come into the Lodge; she told me she could inform me where the Anvil was, but she would not, unless I would give her two Guineas. I gave her one Guinea and was to give her another if I found the Anvil. She told me Mr. Swift had bought it; that he was at home when it was brought, and that he paid the Coach-hire. I found it in Mr. Swift's Shop: It was under the Stairs, but I cannot say it was secreted, any Body might see it that went into the Shop. I told him, it had cost me two Guineas to come at it, and if I could come by it safely, I would take it again. He said he was willing I should have it again; but I would not take it without Advice, and my Advice was, that I must indict him here. I went to Justice Jones, and he would not grant me a Warrant. Mr. Swift did not deny the Anvil, yet I have never had any Satisfaction for it; and when I came here to enquire how I must come by it, I was told, I could not have it without prosecuting. I swear the Anvil is mine; 'tis worth 6 l. - and he gave but 30 s. for it. I did not want to prosecute him, if I could have got it safely, and without Charge; it was a Trifle for him to give (30 s.) for a Thing worth 6 l.

John Jones . I had the Anvil in my Custody a Year or a Year and half, to sell for Mr. Mahson: I was to sell it for four pence half penny a pound, I was bid three pence half penny, and he would not take it. I thought I might lose it from my Door; so he took it home, and from his Door it was stole. I went with him to the Prisoner's House, and there we saw it. He did as good as offer to send it back, but Mr. Mabson say'd, it was not safe for him to take it back, and he had been at two Guineas charge about it. I hear a good Character of you in one sense, but the Price does not shew it; For the Anvil weighs about 4 hundred, or 4 hundred and odd Weight, and 30 s. is not a Market Price.

Robert Ince . I saw the Anvil brought into Mr. Swift's Shop; I helped to take it out of the Boat, and heard the Agreement at 20 s. per Hundred, to be paid half Cash, and half in Iron Plate; and the Gentleman came afterwards and made a strong Demand for more Money than the Agreement; my Master refus'd to give him more Money, and would have him take the Iron according to his Agreement; he went away, and never came afterward to demand the Plate. Mr. Swift was not at home when the Anvil came; it had been two Hours in the Shop before he saw it: We question'd whence it came, and the Man told us, it came from above-Bridge; that it was his own, and that he sold it out of necessity. When my Master came home, he said he did not want any such thing, he had enough by him. 'Tis a good Price that was given for it, and is as much as any Body will allow: There was 2 l. 3 s. and 6 d. paid for it in Cash, and the Difference between paying in Iron Plate and Cash, is not above 4 s. in a Hundred Weight.

John Jones . When Mr. Mabson and the Prisoner and I were at the Tavern, the Prisoner said he knew the Man he bought it of, and that he liv'd somewhere about Golden-Lane.

Josiah Roper . I am Mr. Swift's Foreman: This Anvil came to our Shop in a Wherry: I order'd the Men to heave it up. I asked who it belong'd to; he said it was his own; that Necessity drove him to sell it; and he was to have 20 s. a Hundred and half in Plate. I have made them, and I think this is a Market Price.

Q. Is it part of your Master's Trade to buy and sell Iron in this manner?

Josiah Roper. I can't tell that.

Thomas Howard , depos'd to the same Effect.

Justice Jones. Mr. Swift had told me the Story before; that he was charg'd with buying 2 stolen Anvil. Mr. Mabson and Mr. Swift and another Man came to my House; Mr. Swift said, this is the Man that claims the Anvil: well says I, what would you have of Mr. Swift? Mr. Mabson reply'd, either that he would let me have my Anvil, or that you will give me a Search Warrant. Why you know where it is, says Mr. Swift, and if you will swear it is your's, you may have it: I believe he designed to make some Advantage of him; For he demanded two Guineas, and said he was so much out of Pocket: Let me have a Search Warrant then says Mr. Mabson; I told him I would not grant a Search Warrant, he knew where the Anvil was; if you will not let me have a Search Warrant, says he, I'll have him sent to Newgate in half an Hour's Time: You'll hardly do that, says I, for he is a reputable Man. Mr. Swift has been Smith to me many Years; is a general Dealer in Iron, and is an honest and just Man.

Justice Cross, Zachariah Cave , and others, gave Mr. Swift the Character of an honest, just, and reputable Man.

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

49. John Chidley , was indicted for stealing a Pocket Book, and a Linnen Handkerchief from the Person of William Newman . May 26 . Guilty 10 d.

[Transportation. See summary.]

50. Thomas Jones , was indicted for stealing twelve Deal Boards , the Goods of John Collet , May 12 . Guilty , Single Felony.

[Transportation. See summary.]

51. John Hargrove , was indicted for stealing three Iron Hoops, value 1 s. the Goods of Wm Mears , June 3 . Guilty 10 d.

He was a second Time indicted for stealing a pair of Iron Chains, value 3 s. the Goods of Grace Nugent , June 2 . Guilty 10 d.

[Transportation. See summary.]

52. Ann Hutchinson otherwise Hudson , was indicted for stealing three Linnen Shirts, value 4 s. the Goods of James Willis , and a Linnen Apron value 6 d. the Goods of John Osborn , May 26 . Guilty 10 d.

[Transportation. See summary.]

53. William Pooley , was indicted for stealing an Iron Grate, value 3 s. and 50 lb. of Lead, value 5 s. the Goods of John Ashburn , March 5 Acquitted .

54. Mary Atkinson , was indicted for stealing four Linnen Sheets, a Blanket and a Bolster , the Goods of Edward Whitcher , May 3 . The Prosecutor not appearing, she was Acquitted .

55. Phillis Tyler , was indicted for stealing a Copper Stew-pan, a Linnen Sheet, two Linnen Pillow-biers, and other Things, the Goods of Mary Udall , from her Lodging , May 5 . The Prosecutor not appearing she was Acquitted .

56. Thomas Doleman , was indicted for breaking and entring the House of William Dodsley'd and stealing a Portugal Piece of Gold, value 36 s. a Guinea, and 6 in Silver, and 4 s. in Half-pence, and other Goods, the Property of William Dodsley , April 15 .

Thomas Morris . The Prisoner and I broke open the Prosecutor's House,) the Fleece Alehouse in New-street by Whitechappel Bars ) the 15th of April. A little after 12 at Night, we took down the Shutter, on the backside of the House, and got in at the Window, we took the Money mention'd in the Indictment out of a Cupboard, and a Porrage-pot; the Money we shar'd; and the Prisoner sold the Pot for 6 s. and gave me 3 s. for my Part. He liv'd in Tenner-Row, and for five or six Weeks I liv'd with him and lay in the same Bed with him and his Wife. I was taken up for another Fact the 14th or 15th of May, and then I made this Discovery, because his Wife came to Prison to me and laugh'd at me.

William Dodsley . My House was broke open in April last; the Window-shutters had been opened and all my Money was gone: I lost between 15 and 20 l. out of a Corner Cupboard.

Morris. Doleman took the Money out of the Cupboard, and he shar'd no more with me than 36 s. a Guinea, and 4 s. 6 d. I took his Word for my Share. The Night before we committed the Robbery, we poison'd his little Dog with Nux-Vomica and Butter.

Benjamin Wood . When we were carrying Morris before Justice Farmer, he said he did not know Doleman.

Francis Radwell . I took the Prisoner to be an honest labouring Man; I have heard he had an ill Character, but I knew nothing ill of him myself. Acquitted .

He was a second Time indicted for stealing a Box, a Russel Gown, a Camblet Gown, two Linnen Night Gowns, a silk Cloak, and other Things , the Goods of Grace Gee , May 10 .

Grace Gee. The Goods were in a Box behind a Stratford Coach; I know nothing of the Prisoner.

Thomas Morris . He and I were concern'd in this Fact. We took the Box from behind the Coach, a little beyond Whitechappel Barrs , about 10 o'Clock at Night.

Thomas Bourn . I saw the Prisoner and Morris stand together at the Black-Horse Alehouse. I pass'd them; they follow'd and were not twenty Rods before me before Morris got the Box, and Doleman was by him at the Coach-Wheel. I cry'd out Stop Thief, Morris was seiz'd, and Doleman got off.

Benjamin Wood . I assisted at the taking of Morris, and as we were carrying him to the Justice, I heard him say he did know Doleman.

Another Witness. I heard the Out-cry of Stop Thief, and found Doleman hid in the Nagg's head Cellar, behind the Butts. Guilty Single Felony .

[Transportation. See summary.]

57. Delina Poole otherwise Totley , was indicted for stealing a Cotton-Gown, two Shirts, a silk Petticoat and a Linnen Handkerchief , the Goods of Daniel Smith , May 20 . And

58. Ester Wyat , for feloniously receiving two Shirts, a Handkerchief and the Petticoat, knowing them to be stole . Pool Guilty 10 d. Wyat, Acquitted .

[Transportation. See summary.]

59. John Hall , was indicted for stealing a silver Watch, value 21 s . the Goods of Thomas Anyon , May 30 . Acquitted .

60. John Baily , (indicted three Times yesterday) was indicted again, for stealing six Iron Bars fixed to the House of Mark Wynne , Esq , May 12 .

Elizabeth Bunting . I saw the Prisoner go into the House between 1 and 2 o'Clock, and let in another Person: It was an empty House.

Charles Welston . Mrs. Bunting inform'd us that she saw two Men go into the House; we got the Key of the Door to see who they were, but we could not get in; they had bolted it on the inside. We went backwards and got over the Garden Wall, and took the Prisoner at the Backdoor of the House, and Mullaly with him. We found nothing on them but a bunch of Picklock Keys.

Anthony Bunting . My Wife thought they were disaffected Persons when she saw them go in, so she gave Notice of it; we could not get in at the Fore-door, but we went round and took them at the Back-door: There was nothing found upon them; but there was six Iron Bars missing, which went cross the Windows, and the Lead of the Sink was pull'd up and lay on the Floor.

- Dansie depos'd to the same Effect.

Charles Mullaly . The 11th of May in the Morning I was at Tom Smith's Cellar, and Bailey was there; Charles, come along with me, says he, I have been at a Place this Morning, and have got six Iron Bars, and I have sold them; but there's a Piece of Lead, I have not brought off, take the Sack, and we'll go and fetch it. I took the Sack, and with Tom Smith's Keys we went in; we had not been there half a Quarter of an Hour, before two Men came to the Door; we bolted it, and they went round and took us. Guilty 10 d.

[Transportation. See summary.]

61. Thomas Careless , was indicted for stealing two Iron Bars, value 5 s. belonging to the House of James Palmer , May 26 .

He was a 2d Time-indicted for attempting to break the House of Christopher Trueman , May 27 . Guilty of both Indictments .

[Transportation. See summary.]

62. Richard Rawd , was indicted for stealing three Half-peck Loaves, - and twelve Quartern Loaves , the Goods of Benj. Pottinger , May the 26th . Acquitted .

63, 64, 65. George Watson otherwise Yorkshire George , was indicted (with William Hemming , and Robert Heming , not taken) for assaulting Samuel Alexander , and giving him with a Whip, value 6 d. one mortal Wound on the upper Part of the Left Side of the Head, of the Length and Depth of one inch, of which Wound (in the Parish of St. Luke Middlesex ) he died , May 17. in the 6th Year of his Majesty's Reign .

George Walker . I have known the Prisoner at the Bar these four Years: The first Time I rid with him was last March four Years. May 16. three Years ago about seven in the Evening we set out from William Farrow's at Red-hill, Between Cobham and Ripley; we rid cross the Country to Highgate; we were in Company 15 or 16 Men, and 20 Horses, at Highgate we separated; some came to London, and the rest went back to Mussel hill: We came through Islington seven or eight of us; at Goswell-street we separated again: Tom Brick and Blue Dick, went towards Wood's-Close to a Grocer there; (we had three Hundred and a Quarter of Tea: I had one Hundred and a Quarter with me) we came down Old-street as far as the Dog-house Bar; and in the Stone-Yard over-against the Dog-House, the Prisoner waited with his Hundred Weight of Tea, for People who were to fetch it from thence. Robert Heming and I went into Bunhill Row with our Quantity; when we got almost to Chiswell-street, Heming went before to put off his Tea; but being surprized by the Watch, he came back, and said he could not do it there. While we were coming back, a Watchman came by; Bob, says I, give him a Shilling; the Watchman asked who's there? Friends, says I, and we gave him a Shilling to drink. Coming back, (in the middle of Feather-stone-street ) we met Tom the Shoemaker, and Bess the Carrier, who were to take Watson's Tea: D - ye (says Robert Heming, what makes you so late? I ordered you at two o'Clock, and you make it three. Watson waited for them in the Stone-Yard; and we were consulting where to go. While we were considering, Tom the Shoemaker came to us; for God's Sake, says he; come back, the Watch has taken our Tea from us: Watson's Tea was gone, and Jack Heming had unstrapp'd his Horse, and threw his Load off: Watson rode a Grey Horse, with a long Tail; Robert Heming a Chesnut Sorrel; Jack Heming a Milk-white, and I rode a Coal black one. When Jack Heming went away he bid us come immediately after him; but I did not think sit to leave my Load there, so I cross'd the Road and laid it on a Dunghill (or Laystall) in Old-street, and then I rid after them, and came to a Porch, where I saw Jack Heming and his white Horse; his Horse's Head was within the Porch, and he had his Whip in one Hand, and a Pistol in the other, and he cry'd, D - you you old Rogue, I will shoot you. This was in Mr. Everet's Porch, in Brown-street by Bun-hill-Row : The Porch is four Feet and a half before the House. I came up and asked, what's here to do! says he, here's the Rogue who took the Tea: No Pistol-work, for God's sake, says I, don't beat him any more; and a Man look'd out of the Window, and asked what was the Matter; and immediately Bob Heming and the Prisoner came out of an Alley, and came up to us; we turned from the Porch and met them; we went to the Stone-Yard, and Watson and I rode side by side. I said, George, 'tis strange you could not re-take the Tea! No, D - 'em, says he, they are gone through the dark Alleys, but D - 'em, I have noynted one of 'em handsomely, and shewed me his Whip, which was broke at the But-end.

Council Prisoner. You say it was John Heming who was beating the Man in the Porch?

Walker. Yes, Watson and Robert Heming rode before me to the Porch two or three Minutes. Robert Heming and Watson came to us up Coleman Alley about fifty Yards from the Porch, and Watson shew'd us his Whip: it was a very heavy one, and the But-end broke; Watson and Robert Heming rode after the Watch-men about a Minute and a half before John Heming and all of them about three Minutes before me. I had my Tea to unstrap and throw off before I could follow them.

Prisoner. You have kept Company with me ever since; why did you not take me up before?

Walker. I have rid with him many a Time since; but I had no Inclination to do it before. I made my Information before Mr. Baron Commyns in November last; and there was no Opportunity to take you before; besides, I went a Smuggling with him, and was in the same way. A Smuggler is not to be taken at any Time, we are here and there and every where; I may be shot for what I have done now, and I did not care to expose myself to the Danger then.

Prisoner. Why do you discover now?

Walker. Truly, George, because you know we are always in Jeopardy, and I am weary of the Trade; and as to the Reward, I declare as I am a living Man, I did not know there was any Reward till a Fortnight after I had made the Discovery. I don't say I saw you strike the Man; not one Word of mine ( George ) shall hurt you, more than is Truth.

Edward Lawrence . I live over-against the Porch. May 17. about three in the Morning, I heard a great Noise, and got up and went to the Window, and I saw a Woman have hold of the Deceased, crying out, Thieves! Murder! then I saw some Horsemen galloping down; and when they came up, the Woman quitted her hold, and he crept as far into the Porch, as he could: One of the Men was upon a Gray, and the other upon a Brown or a Sorrel Horse. I am positive to the Gray Horse; the Man rode his Fore-feet into the Porch, and with the Handle of the Whip, gave the Deceased a great many Blows; he cry'd out, Oh! Oh! and at last, Oh Lord! you have kill'd me! Then he drew his Horse out of the Porch, and the Man on the Brown Horse would have got his Horse in, but he had a long Stick in his Hand, and he struck him with it four or five Times. I threw up the Sash, and cry'd out, You Villains, have you a Mind to murder the Man; they went off, and I dress'd myself, and went to the Window again, but the Deceased was gone, and in the Afternoon I heard he was dead. It was just Twilight, and in a narrow Street: I am not mistaken, if it was not a perfect white Horse; I wrote down the Colour the same Day, while it was fresh in my Memory: here it is set down, a light Gray Horse.

Walker. Watson's Horse was a dark Gray, 15 Hands high, with a long Tail.

Jonathan Everet . I live in the House where the Porch is. I heard a great Noise of Horses, and got up to see what was the Matter; I heard grievous Blows given, and saw two Men on Horseback: One was on a light Gray Horse, and he got into the Porch as far as he could; the other was on a Sorrel Horse and he was Startlish, and the Man could not get him in. I heard them say, you Old Rogue, go to rob a Woman! I'll knock you o th' Head. When I came down Stairs, the Porch was sprinkled with Blood, and the Deceased was gone. He dyed the same Day.

Mary Taylor . I live at the Corner of Featherstonm-Street. On the 17th of May about 3 Years ago, I heard a Noise of Thieves and Murder, and presently I heard Horses come Galloping down the Street, I look'd out and saw one Horse with his Fore-feet in the Porch; I was so frighted I did not observe the Colour of the Horses.

John Willson . I was Brother Watchman with Alexander that Time. We were going our Rounds, and we met a Man and a Woman with Baskets; the Constable asked what they had got, they said they were going to Market: The Constable said, it looks like Linnen, take it down: When we had taken down the Baskets, the Man ran away, and the Woman ran after him, and cry'd they have robb'd us Dicky. We lay'd hold of her, and she threw herself down and clung to some Pallisades, crying Dicky, Dicky, Dicky, why don't you come away. While we were struggling with her, two Horsemen came Galloping from the Dog House Bar, so we left the Woman and made off; he got into the Porch, and I made down Coleman's-Alley: The Man on the Gray Horse push'd by me; he was going towards the Porch, and I got over a Wall and escap'd. He dy'd about 12 the same Day.

Richard Hachlin . I watch in Lombard-Street, and was coming home to Coleman Alley about 3 o'Clock in the Morning, and saw one Man following a Horse. and another Horseman in the middle of Bunhill-Row; they asked me, if I was the Man that was to call up their Folks; I was afraid of them and said Yes, and they gave me something to drink.

Thomas Godman . My Servant attended the Deceas'd that Night, and he told me, he was dying. About 10 o'Clock the same Morning I found him convuls'd. He had a large contused Wound on the left side of his Head, which was the Occasion of his Death. I open'd him two Days afterwards, and took out two pieces of his Scull that were beat in. I believe the Wound was given with a heavy blunt Weapon.

Defence. On the 17th of May, 3 Years ago, I was upon a Gray Horse, but not there. I came from Highgate to Aldersgate Street; at the Coach and Horses I met with John Heming and George Walker , and I asked them what they had done with their Hundred of Tea, and they told me the Watch had taken it away in Bunhill-Fields; but that they had met with one of them, and had beat him sufficiently, and they were afraid he would not recover.

Robert Dimmock . I heard this Tray (we call him so, his right Name is Walker) talking with Towzer in the next Yard to mine on Mussel hill, and telling him they had beat a Watchman, and were afraid he wou'd die. I can't say I heard him tell who did it.

Walker. This is the Man that takes our Goods in.

Henry Press . I was Hostler at the Cock-Inn in Aldersgate-Street, and I believe, it was the Morning the Man was kill'd, that I took in Tray and Towzer's Horses; and they told me a Watchman was kill'd in Bunhill-Fields. One rode a Gray Horse, and the other a Sorrel, and they came in about 4 in the Morning: I saw nothing of Watson.

Walker. After the Murder was committed, we went to Spittle-Fields to deliver some Goods there, and I believe Watson might be half an Hour before us, for I had Goods to deliver in the back Shed of the George, near Shoreditch-Church; I did indeed come to the Cock with another Horse, but Towzer was not with me.

Q. You know them all by their Nick-names, how many Smugglers us'd your House?

Press. I had eleven or twelve Horses at that time.

Mary Pultney . I heard the Evidence Lawrence tell Watson in Newgate, that Tray came to him half an Hour after the Accident happen'd, and asked him where he was when the Mischief was done: and Lawrence told him he was at the Burying-Ground. Lawrence deny'd this.

Walker. This Woman is one of our Dealers.

Samuel Jones . I am a Weaver, and was in Company with Walker, somewhere about the Custom-House, and he told me he should do George no harm, but he must act for the Safety of his Family.

Walker. This Samuel Jones is a Smuggler and an Informer.

Q. How come the honest Weaver to talk so freely with a Smuggler about another notorious Smuggler.

Samuel Jones. I own I was a Smuggler.

Q. Then why do you come here as an honest Weaver?

- Pullen. I am a Waiter and a Searcher. I informed the Commissioners of the Customs, I had found out George Watson. I got a Capiat for 450 l. and a Writ of Assistance; I got a Soldier, and told him he must fight for the King and at Coppet's Farm we got another Man. Then we went to the House. I went in first, and he did not behave like a Murderer; for he had three Pistols and a Blunderbus, which he might have made use of. Then my Assistants came up, and I said, here take this Pistol, and this, and this, and this Blunderbus; then I told him he must go with us, and George, says I, your's are foolish Arms to mine, and out I pull'd my Brace of Horse Pistols. I asked him about the Murder, and he said he would not tell me the Truth.

James Capstick and Sarah Capstick . We never knew but that the Prisoner was an honest Man; he has used our House three Years.

Q. Did you never hear he was a Smuggler?

Capstick. Yes.

Q. How could you take a Smuggler for an honest Man? Guilty of the Indictment. Death .

66,67 John Stokes , and Aster Stokes , were indicted for stealing a silver Watch, value 5 l. and a Gold Ring, value 5 s. from the Person of William Exton , May 24 . Both acquitted .

68. Benjamin Durant , was indicted for stealing a Book, entituled a Commentary on the Prophet Isaiah, value 2 s. the Goods of Charles Marsh . Acquitted .

69. Martha Holcomb , was indicted for stealing a Hat, value 10 s. 6 d. the Goods of Charles Bowler , May 27 Guilty 10 d.

[Transportation. See summary.]

70. William Cryer , was indicted for stealing 10 lb. of Mild-Lead the Goods of Persons unknown June 5 Guilty 10 d.

[Transportation. See summary.]

71. William Gough , was indicted for stealing a pair of Shoes value 2s 6d. the Goods of James Thacker . The Prosecutor not appearing when called, the Court ordered his Recogni-zance to be estreated .

72. David House , was indicted for stealing two Rasps, two Files, and other Things , the Goods of Joseph Bush . Acquitted .

73. William Hadley , was indicted for stealing a Linnen Gown, and five Linnen Handkerchiefs and three Aprons , the Goods of Eliz. Burnet , May 6 . The Prosecutrix not appearing, the Prisoner was acquitted .

74. Nathaniel Walkwood, otherwise Walker , was indicted for defrauding Richard Wyat , of a brown bay Gilding ; but it appearing the Prosecutor had taken a Note of 6 l. 6 s. from the Prisoner for the Horse, the Jury acquitted him.

Thomas Bannister , of London, Packer , was indicted for stealing 30 Books intitled, The Laws and Customs of the Stannaries, in Sheets, the Goods of Daniel Brown , John Trimly and James Newton . One other Book intitled, A Practical Exposition of the Church Catechism by Matthew Hole , D. D. One other Book intitled, A Practical Exposition of the Church Catechism, with several Discourses on all the Parts of it, by Matthew Hole. D D. One other Book intitled, Four Treatises on the Doctrine, Discipline, and Worship of the Mahometans. One other Book intitled, Marcus Antoninus his Conversation with himself, with Preliminary Discourses. &c. to which is added, The Mythological Picture of Cebes translated into English by Jeremy Collier . One other Book intitled, Lex Constitutionis , or the Gentleman's Law, &c. by Giles Jacob , Gent. One other Book intitled, The Fable of the Bees; Part the 2d by the Author of the first, the Goods of Francis Clay , Samuel Birt and Daniel Brown , in the Warehouse of Daniel Brown , April 23 .

Mr. Brown. About the middle of April last, I saw a Catalogue of Books which were to be sold by Mr. Osborne, at Gray's-Inn, and among them, I saw The Laws of the Stannaries; I question whether there was one single Book under this Title to be sold but what was the Property of John Trinley , James Newton and my self. I apply'd to Mr. Osborne to know if he had a Num-ber of them to sell; he said he had several, and that he bought them of one Whitaker. I went to Whitaker, and he told me he had them of one Savage a Book-binder in Lothbury; and Savage told me he had them of Mr. Bannister, the Prisoner at the Bar: Mr. Whitaker inform'd me he had sold 18 of these Books to Mr. Wer-ral in Bell-Yard. When Mr. Savage informed me about these Books, I asked him if ever he had had any more, or any other, from the Prisoner: and he gave me an account of 49 different Books, every one of which I am satisfy'd had been in the Warehouse; among them, there are four or five which are mention'd in the Indictment, and to which my Servant will speak more particularly. The Laws of the Stannaries were printed for Mr. Newton, and my Father a dozen Years ago; and they have lain in Stock (as we call it) ever since. The Books are the Property of Mr. Trinley, my self, and Mr. Newton; the Warehouse belongs to Mr. Trinley and I. The Prisoner made use of a large long Room, as a Warehouse, and at the End of it there is a Room, which we make use of as our Warehouse: There is another Warehouse up three or four Steps, at some Distance from this; and when I sent the Laws of the Stannaries, by my Servant, they were put in either of the Warehouses, as there was room; and the Doors were secur'd by Padlocks. I let to the Prisoner the Room which he occupy'd, and his Room is situate between the two Rooms we make use of. I had miss'd several Books out of the Warehouse, but the Laws of the Stannaries I did not miss, 'till I happened to see them in a Catalogue, and I knew there were none of these Books in Trade, but what were in my Custody. I traced the Matter, and found Mr. Osborne had bought 14 of Mr. Whitaker and 18 more that Mr. Whitaker had. I miss'd Hole on the Catechism, 2 Vols. Lex Constitutionis, t'e Gentleman's Law. Marcus Antoninus. The Fable of the Bees, Part the Second; and Discourses on the Doctrine of the Mahometans.

In order to prove the Property of the Books, (the Laws of the Stannaries) the Original Agreement between Mr. Newton and Mr. Brown was produced, and being prov'd, was read.

Council. This shews the Property to be in two, and they have laid it to be in three in the Indictment. Did not you know that the Prisoner made use of waste Paper in his Business?

Mr. Newton. I don't know whether he does or not.

Council. Did you never hear that your Porter had sold him waste Paper?

Mr. Brown. No.

Mr. Riley. I printed part of these Books; they were printed for Mr. Brown and Mr. Newton, the Father of this Gentleman; he died before they were finished; and he as Executor to his Father, is entitled to the Pro-perty.

Mr. Newton. I don't say I was Executor to my Father; I paid for them myself. I was Partner with my Father; when he died, my Mother was left Executrix; I had, as a Partner, a Share in the Stock, and the other Part I purchased of my Mother.

Mr. Osborne. I bought fourteen of the Laws of the Stanneries of Mr. Whitaker, who fre-quently came to my Shop to buy Books: He asked me several times if I cared to buy any of these; and one Day I told him if they did not come to much Money, I would take them; he brought 14; I paid him and took his Receipt. I bought them this Month was Twelve Months ago, and about three Months ago there was a Catalogue of Books published, which brought Mr. Brown to enquire of me, concerning these Laws of the Stannaries, which were in the Catalogue. I told him where I bought them, and shew'd him Mr. Whitaker's Receipt. I ordered my Man to put my Seal upon them, and I am positive these are the very books I bought of him; they have been in my Custody ever since, and are entered in my Quire Book. These Books were objected to, the whole Tities not being set forth.

Mr. Brown. Here is the Practical Exposition of the Church Catechism, &c. This was objected to, on the same Account

The next is the Emperor Marcus Antoninus, his Conversation with himself. &c supported by the Authorities of Dr. Stanhope, &c. 10 which is added, The Mythological Picture of Cabes. This was objected to likewise.

Council. The next is Lex Constitutionis, &c.

Council. There is no Name in the Indictment, who it was printed for; nor to the next Book, The Fable of the Bees.

The Indictment being defective, the whole Titles of the Books not being set forth, the Court directed the Jury to acquit the Prisoner ; and inform'd the Prosecutors they might prefer a new Indictment.

The TRYALS being over, the Court pro ceeded to give Judgment as follows:

Received Sentence of Death 1.

George Watson , otherwise Yorkshire George.

Burnt in the Hand 1.

David Lacock .

Whipt 1.

Charles Jarvis .

To be Transported 36.

Stephen Cramp , Sarah Greenwood , Mary Swan , Mary Buckley , John Mallabar , Fran. Davis , William Clark , Margaret Clark , Andrew Moody , William Read , John Standley , Mary Barrow , Mary Smith , otherwise Busco, Ann Cason , Deborah Grashouf , William Dobson , Sarah Singleton , Zachariah Potter , Richard Daley , Richard Baxter , Elenor Cousens , Joseph Bullivant , William Green , John Watts , Geo Jones , Jacob Hannah , John Chidley , Pelina Pool , Thomas Jones , John Hargrave , Ann Hutchinson , John Bailey , Thomas Careless , Thomas Doleman , Martha Holcomb , and William Cryer .