Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 April 2014), July 1740 (17400709).

Old Bailey Proceedings, 9th July 1740.

THE PROCEEDINGS AT THE SESSIONS OF PEACE, Oyer and Terminer, FOR THE CITY of LONDON, AND County of MIDDLESEX, ON WEDNESDAY the 9th, THURSDAY the 10th, and FRIDAY the 11th of July.

In the 14th Year of His MAJESTY'S Reign.

BEING THE Sixth SESSIONS in the MAYORALTY OF THE

Right Honble. Sir John Salter, Knight.

LORD-MAYOR of the CITY of LONDON.

NUMBER VI.

LONDON

Printed, and Sold by T. COOPER, at the Globe in Pater-Noster-Row.

[Price Six-pence.]

Of whom may be had compleat Sets of the Proceedings in the last Year, Price 4 s. And any of the former Parts in this, Price 6 d. each.

THE PROCEEDINGS AT THE Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON,&c.

BEFORE the Right Honourable Sir JOHN SALTER , Knight, Lord-Mayor of the City of London, Mr Baron CARTER , Mr Justice CHAPPLE, Mr Justice WILLIAM FORTESCUE , Sir JOHN STRANGE , Knt. Recorder, Mr Serjeant URLIN, 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.

William Parker ,

Robert Willis ,

Daniel Jones ,

Stephen Banton ,

Thomas Watson ,

Joseph Pomfret ,

John Wood ,

John Veezy ,

Brian Robinson ,

William Collins ,

Daniel Whinniat ,

Thomas Drewet .

Middlesex Jury.

Walter Lee ,

John Perry ,

John Willis ,

Andrew Morran ,

Francis Powell ,

Joshua Holland ,

Robert Harrap ,

William Lewis ,

Edmund Stowel ,

Francis Tredgold ,

Thomas South ,

Owen Saintsbury .

284. Collumb Connel , of St Stephen Coleman-Street , was indicted for stealing a King Charles's Medal, value 4 s. a Silk Purse, work'd with Silver, val.6 d. a Silk Handkerchief, val.18 d. the Goods of Thoresby Cotton , May 31 .

Mr. Cotton. The Prisoner robbed me of several Things, at the late Fire in Swan Alley in Coleman-Street . He is a Watchman , and came to assist me, I ordered him to carry nothing away,'till I saw immediate Danger, and gave Directions for so doing. When the Fire was over, I miss'd a Silk Purse, a Silk Handkerchief, and a Silver Medal,- a King Charles's Medal I take it to be. The Night after the Fire, it was my Watch night,(I being a Constable) and about 12 at Night, the Purse and the Handkerchief were found on the Floor, in our Watch-house. I knew them to be mine, and suspecting the Prisoner to have dropped them, I took a Watchman with me, and went to the Prisoner's Stand; where I told him he must go with me to his own House, When we came there, I asked him if he knew any thing of the Purse and the Handkerchief? At first he told me No; but afterwards he confessed he took the Things out of my House, in the Extremity I was under, during the Fire, and own'd he had pawned the Medal for 4 s. at a Pawnbroker's in Grub-street. He went with me thither, and I had it again, upon paying Four Shillings and Three-half-pence. I had many other Things lost and destroy'd at that Time, which are not in the Indictment, and which I have heard nothing of.

William Gwynn . Mr. Cotton came to my Stand in a great Passion, and told me he suspected that Villain (the Prisoner) to have robbed him, for he had come to the Knowledge of a Purse, which had some Things in it, and no one had been at his House but the Prisoner. I advised him to carry him home from his Stand, to his (the Prisoner's) House. He did so; and upon his being asked about the Goods, he deny'd his knowing any thing of them, with Oaths and Imprecations; but Mr Cotton shewed him the Purse which was found in the Watch-house, and told him, if he would confess where all the Things were, he would only turn him out of the Watch-house for his Punishment. He then own'd he had dropped the Purse and the Handkerchief in the Watch-house. The next Morning Mr Cotton came to me, and told me, he missed other Things, and that the Prisoner had undone him, by destroying some Writings. Upon this we went to him again, and he own'd he had pawn'd the Medal, and carried us to the Pawnbroker's, where it was found, and Mr Cotton shewed it to the Prisoner, who own'd it to be the same he had pawn'd. It was a Medal of the same Stamp with this now produced, and I believe it to be the same.

Prisoner. I have nothing to say for myself but this. There was a Fire happened near Mr Cotton's, and I went to his House to assist him. Some of his Goods were pack'd up, and some were not. He and his Wife were in a great Flurry, and she desired me to help her; So I pack'd up 4 or 5 Beds, and put them into the Kitchen; but the Purse, the Medal, and the Handkerchief I put into my Pocket: and after the Fire was over Mrs Cotton gave me a Dram - I believe I drank 3 or 4, because I was in a great Sweat. Afterwards I pawn'd this Medal, for want of Money; but how much I had upon it I can't tell - I thought I had had but a Shilling, if I had more, I don't know what became of the rest of the Money. No body can say any thing else against me, and for this, I lie at the Mercy of the Court.

Mr Cotton. My Goods were brought down into the Kitchen: and as I am a Constable, and Sir Harcourt Masters's Beadle, I did Duty at the Fire, and ordered the Prisoner, not to carry any thing away from my House,'till I gave him Directions. I bid him pack up the Goods, but not remove them 'till I saw there was Occasion; and he being one of our Watchmen, I thought I could confide in him.

William Negus deposed, That the Prisoner confessed he had the Purse and the Handkerchief in his Possession; that there was some Writings in the Purse, and that he put them into his Pocket when he was packing up Mr Cotton's Goods. Guilty .

[Transportation. See summary.]

285.+ Samuel Badham , of St Giles in the Fields , was indicted for that he not having the Fear of God before his Eyes,&c. May.20 , in and upon Susannah, the Wife of Simon Hart , feloniously,&c. did make an Assault, and both his Hands in and upon the Throat of the said Susannah, did fix, and fasten; and with both his Hands, so fix'd and fasten'd, the Throat of the said Susannah did squeeze, and press, by reason of which squeezing and pressing, the said Susannah was choaked and strangled; of which choaking and strangling she instantly died .

He was a second Time indicted by Virtue of the Coroner's Inquest for the wilful Murder of the said Susannah.

Arabella Clark . I saw the deceas'd on Tuesday Morning, between 10 and 11 o'Clock,( I can't tell the Day of the Month) but she was alive and well, to my thinking. She spoke to me, and I thought her not to be at all in Liquor . In the Afternoon (of the same Day) between 2 and 3 o'Clock, I heard she was dead, and laid out. I saw her on the Thursday following; she had a black place on her Throat, and another on her left Temple, like a very bad Bruise.

William Cock . I know nothing of the Murder, I only helped to carry the Corps of the deceas'd about a dozen or 14 Yards.

Paul Lewis . I was employed by the Church-Wardens of St Giles's , as a Surgeon, to open the Body of the deceas'd. I found the Woman bruised all over. Her Head, Face, Hands, Back,- she was all over bruised. There was one very remarkable Bruise on her Throat. The Mark on the right Side, resembled a Man's Hand,- or Fingers; that on the left side was not so large, and was like the Print of a Thumb, and this seemed to be the Death of the Woman. I looked at these Marks, and take them to have been made by a Thumb on one side, and Fingers on the other, and that they were the Cause of her Death. One Symptom which corroborates my Opinion, is, that the Vessels seemed to have been full, and turgid; tho' that is not an absolute Symptom, for in Apoplexies they will be the same: but this, with the Bruises on the Throat, strengthens my Opinion (I think) very much.

Ann Collins . The Prisoner liv'd in the House of one Richard Booker , up 2 pair of Stairs, and I lodged up one Pair in the same House. Between 10 and 11 o'Clock in the Forenoon, one Tuesday in May,(but I can't tell the Day of the Month) I was in my own Room, and the deceas'd came into the House. I desired ( Booker ) the Landlord, to tell her I wanted to speak with her. She sent me Word, she was afraid to come up Stairs, for Fear of the Prisoner; but she sent me up a bit of Veal and Pork, for my Child. In about a quarter of an Hour, I heard her go up Stairs with the Landlord; he came down again directly, and in two Minutes after she had got up Stairs, I heard her cry out, Murder! and presently she cried out again,- Murder! Murder!- the Rogue will murder me! I called out to the Prisoner, and he called me Bitch, and bid me mind my own pocky, itchy Child. The deceased called out for Booker, and cried, Murder! Booker! Booker! the Rogue will murder me! And I heard three or four Blows which sounded loud into my Room; I can't tell whether they were given with his Hand, or what else,- they sounded like Blows with a Stick. After she had cried out three or four Times, I went out with my Child; not thinking she was murdered, because they often quarreled; and when I came home between 5 and 6 o'Clock, the Prisoner said to me, The Woman is dead,- sure enough!- What Woman, said I? my Wife, said he:- Then, you Rogue, you have murdered her.- You had best take care what you say, for (says he) I will lay you in Prison. The deceas'd was not the Prisoner's Wife, but she went for such,- at that Time. I saw her Body after she was dead; there were several Marks upon her; and one round her Throat. I saw them the day after she died.

Eliz Macdonald . I can't say I saw any beating; but she shew'd me some Blacks and some Blues about a Month before she died, and she told me they were given her by the Prisoner.

Anne Allen . I saw her black Marks about her Throat, after she was dead,- that's all.

Richard Booker. I can't tell the Day of the Month; but I saw the Deceased when she came in on the Tuesday.'Twas about 10 o'Clock, and she was as well then as any Woman,- what happen'd afterwards,- I can't tell. She was deadly fuddl'd, and I help'd her up Stairs because she was fuddl'd, but I did not see her into her Room: I help'd her up within 4 or 5 steps of her Chamber, and then she went up the rest herself.- I can't tell whether the Prisoner was in her Company afterwards.- She was alive some Hours after this,- before he kill'd her,- but I know nothing about it,- no I know nothing of it, I heard no Outcry, for I went out directly; to get half a Gill of Wine for my Wife who was very ill.

Kimbrow Murphey . I live in the next House to Booker's, and as they tell me, the Deceased's Room was next to the Side of mine. I heard a Woman's Voice cry out Murder, more than once or twice. This was about the Hour of 11, to the best of my Knowledge. I can't swear whether it was He or She; but it was on the Day she died.- I can't justly tell the Day of the Month, for I did not keep it in my Memory.

Margaret Wood . I heard the Woman cry Murder several Times, very low, and it was the Deceased's Voice. I went twice or thrice into the House that Afternoon, but I saw no Disaster, nor heard of any, till about 5 o'Clock; then a Woman told me she (the Deceas'd) was dead. I said,- if she was dead, I was sure she had been murdered, and I went immediately to the House, and met the Prisoner upon the Stairs; I asked the People why they did not stop him? and they replied,- why did not you stop him? When I came up into the Room, I saw her lie in her Bed: she was dead, and had a Blemish on her left Temple. To be sure she was murdered by some body; for I heard her cry out Murder, and for certain he must be in the Room, because I met him upon the Stairs about Five.

Martha Hough . On the Day the Deceased died, I saw her go by, about 11 o'Clock, very sober, and very well. Between one and two I heard she was dead.

Mary Bates . About 11 o'Clock I heard the Cry of Murder , and knew her Voice: My Mother's House joins to theirs, and I was in the Entry at the same Time. While she was crying Murder, I heard the Prisoner call her ugly Names, Whore, and Bitch, a great many Times, but I did not see him that Afternoon. I was acquainted with the Prisoner, no farther than by his lodging in the Neighbourhood, but I am sure it was his Voice, and am positive to both their Voices, and that she cried out Murder 5 or 6 Times, but I heard no Blows given. This was on Tuesday about 11 o'Clock. In the Afternoon I saw the deceased, and observed a Bruise on her left Temple.

DEFENCE. Booker told me, that this Susan Hart fell down a Step in the long Entry; that he took her up, and she afterwards went into the Room where he and his Wife lay, and there they drank Liquors together an Hour and half. After this, Booker brought her up Stairs: I was a-bed and asleep, and Booker took me by the Shoulder, and wak'd me. Then I saw her so much in Liquor that she could not undress herself, so I got up and pull'd off her Cloaths, and got her in bed. After which I call'd to Booker for some Liquors; he brought some up; we drank them, and then I spy'd she was dead.

Booker. The Woman did not fall down the Step, nor did I go into his Room and wake him. I saw him awake, and he took her into the Room, when I carried her up, but I did not then go into the Room, but went out for the Wine, and staid about a Quarter of an Hour. When I came back, I heard no Noise.

Prisoner. Ask Booker if he was not in my Room?

Booker. About a Quarter of an Hour after I had helped her up Stairs, I went into their Room, and saw her with the Prisoner, very well; then I went out again, and was out about a Quarter of an Hour.

Prisoner. Did not you bring up Liquor after she was in the Room?

Booker. No, I carried up nothing.

Prisoner. He brought up Liquor, and because I had no Money, he had a Pair of Grey Stockings for it.

Ann Collins. This Booker did carry up Liquor: I saw him go by my Door with a Half-pint Pot, but I don't know what was in it.

Booker . Yes, I did carry up 3 Half-quarterns of Gin, after I had carried her up Stairs, but I drank none of it .

Prisoner. Collins made oath before Mr De Veil , that she (the Deceased) had been drinking an hour, or an hour and half, before Booker brought her up to me.

Collins. She was not in Liquor to my thinking, when she went up Stairs: nor did I declare before Colonel De Veil, that she had been drinking an Hour and half before. I did not see her drink any thing, and I believe she was not in Liquor. Guilty . Death .

286+ Christian Watkins was indicted for stealing a plain Gold Ring, val.10 s, the Goods of William Soame , in his Shop , in the Parish of St Peter's Cheap , May 26 .

Robert Peers . I live with Mr Soame , a Goldsmith , in Cheapside . The Prisoner, with another Woman, came into my Master's Shop, the 26th of May, about 9 o'clock in the Morning, to buy a Gold Ring. I put about 3 or 4 upon the Counter, that she might fit herself. None of them would do, so I took them up, and put them into the Glass, to take out more; but before I shut the Glass, the Prisoner put her Hand in, and took out one of those Rings which I had before shewn her, and put it on her middle Finger. Then she put her Finger into her Mouth, and pulled the Ring off in her Mouth, and gave me this brass Ring instead of it. As soon as she gave it me, I told her it was not the same Ring she had put on her Finger. She said it was. I said it was larger than what she had taken, for the Gold Ring was very tight on her Finger, and the Brass one went on and off very easy. She insisted upon it, that 'twas the same, and I could not get the Gold Ring again; so I called my Master, and he tryed the Brass Ring on her Finger, and told her, she had no need to wet her Finger in her Mouth to get that Ring off. She said, her Hand was hot when she came in, but now it was cold, which was the Reason it went on easier than before. Then my Master sent me for a Constable, and while I was gone, either she or her Companion dropp'd 3 or 4 brass Rings in the Shop, and when we searched her,(at a Publick House in Milk-Street) there was no more than 6 d. found upon the Prisoner, nor could we find the Ring upon either of them, as I was informed by the People, who searched them.

Defence . I was seatched at the Gentleman's House, and the young Woman who was with me, was searched there too. They found nothing up on us, but because some brass Rings had been dropped in the Shop, they charged us with this Thing, when perhaps it might be some other Person who dropped them.

Mr Peers. I know nothing of their being searched at our House. Guilty * 4 s.6 d.

* The Ring not being produced, nor the Value proved, the Jury might fix what Value they thought proper. The following Case differs in both those Circumstances.

[Transportation. See summary.]

287+ Elizabeth Davis , of Allhallows the Great , was indicted for stealing a Silver Tankard , val.6 l.2 Silver Salvers, val.8 l. a Silver Mug , val.30 s.4 Silver Spoons, val.30 s.3 Silver Tea Spoons, val.3 s. a Silver Pepper Box , val.8 s . a Pair of Woman's Shoes laced, val.2 s.6 d. a Holland Shirt, val.5 s. Half a Yard of Damask , val.2 s.6 d and a Cambrick Apron, val.5 s. the Goods of Paul Brown , in his Dwelling House , June 14 .

Mr Brown. The Prisoner was my Servant , and on the 14th of last Month, between 2 and 3 in the Morning she went away, and took the Plate, and Wearing Apparel out of my Dwelling-House.(The Prisoner mentioned the Particulars in the Indictment.) I keep a Tavern ; the Prisoner lived with me as a Cook , and I missed the Goods out of my Bar. I had had Company in my House till 2 that Morning, and at 12 I bid her go to Bed. At 2 l went to Bed myself, after I had fastened the Door and Bars, and had seen all the Candles out. About 6 in the Morning, my Boy came up for the Key of the Vault, and asked if his Mistress had given the Maid leave to go out? She came down Stairs and found the Goods gone: Upon which I got up, and immediately took proper Methods to detect the Prisoner. I went to the Goldsmiths Company, and got Advertisements delivered to the Trade: and after I had taken all the Care that was necessary, Business calling, I went to Greenwich, and was fetch'd from thence by one of my Neighbours, who informed me the Prisoner was taken. As soon as I came to her, she made a Confession, and gave me the Half-pint Mug out of her Pocket, telling me where the rest of my Goods were, and the different Pawnbrokers where they were pledged. The large Salver was stopped, Mr Chambers has it now in Court, and it is mine. This 2 Quart Tankard she delivered to me herself out of her Box, and this Wearing Apparel, which I did not miss,'till I saw it in her Box. This Salver she pawn'd for a Guinea and a Half and there's the Pawnbroker's Mark upon it, which he will swear to. The second Time I went to her , I told her she had not given me all the Things I had lost, and then she gave me another of the small Spoons.

William Chambers . This Salver was offered to me, by the Prisoner; but I not liking the Account she gave me of herself , I stopped it: upon which she told me she would fetch her Mother, and so went away . The next Day I saw the Advertisement, and gave Mr Brown Notice of the Salver: He came, and I produced this Salver before Colonel De Veil , and he owned it.

Mr Brown . This Salver is mine.

Chambers. She wanted to borrow 6l. upon it; it was worth something more. I am positive the Prisoner was the Person who brought it to me, on the 14th of June.

Walter Creedon ,(a Drummer.) On Saturday the 14th of June, I was at Work till late at Night, and then went to an Alehouse in Drury-Lane, to get 6 Pence of a Man who owed it me. When I came there he told me, he could have paid me, if I had come in the Morning, for he could have got something from a Woman, who had been there, and had committed a Robbery in Thames-Street . I thought proper to enquire after this Woman, and got Intelligence where she lodged. I went into the House and enquired for the Woman who had brought in a Box; but I was informed she was gone out. I told the People, that she was a Serjeant's Wife in our Company, and that I was sent by her Husband to bring her Home, for she had taken away her Husband's Things. I bid a Man who was with me sit down, while I went into Thames-Street, to give Mr Brown notice. Mr Brown was out of Town; but a Neighbour of his came up with me, to swear to the Prisoner, and we all sat together till 12 o'Clock; and then she came in with a Watchman, who lit her Home. As soon as she got in, I laid my Hand upon her Shoulder, and charged her with a Robbery committed in Thames-Street. I asked her if the Goods in her Box were her own? She said yes: but I desired this Gentleman,(Mr Tarp,) who came from Thames-Street with me, to assist the Watchman, while I fetched another: and then we carried her to the Round-House. She said the Box was her's; the Silver laced Shoes, some Linnen, and the silver Tankard were in it, which she said were her own. There was 5 Guineas Reward offered in the Advertisement, for taking the Prisoner; I was the first Man that laid hold of her, and I asked my Colonel leave to come from the Camp, about the five Guineas.

John Tarp . This Man, Creedon,(the Drummer) came to see for Mr Brown, but he being gone to Greenwich, I was desired to go with the Witness. He carried me to a House, in Thomas-street, where I found his Comrade waiting, and looking after the Box till we came. The Prisoner came in between twelve and one, in a hurry, and said she had like to have been knocked down in the Street. I said to her, Cousin! How do you do? Cousin, says she, I don't know you! That's very likely, says I, but do you know this Box? Yes, says she, why then you and I must be better acquainted; and so I bid the Watchman fetch a Constable. He refus'd, and asked me why I charged the Woman? I told him, I charged her for robbing her Master; then (says he) I charge you to assist. Upon this I bid the Drummer go and fetch a Constable, and I held his Sword while he was gone. When he came back, he told us the Constable ordered her to be brought to him. Then (says I) take one of you the Box on your Head; and do you take hold of the Woman; and I'll take the Lanthorn and follow, to see that she drops nothing; so we carried her and the Box to the Watch-house, where she refused to open it; but upon the Constable's telling her he would break it open, she gave him the Keys, and the first thing I saw was this Tankard. I knew it, for I have drank out of it several Times and upon a farther search into it, we found Mrs Brown's Shoes, Stockings, Aprons, and several Things. I know the Tankard to be Mr Brown's.

Mr Allen. On Saturday Morning, the 14th of June, the Prisoner came to my Shop with a Salver. I looked at it, and asked her whose it was? She told me it was her Mother's and that she knew of her bringing it. What is your Mother's Name? Mary Davis . What is your Name? the same. Where does your Mother live? In Gracechurch Street. Then I asked her what she wanted upon the Salver? She told me,- a Guinea and a half, which I lent her upon it, and she went away. But as soon as I saw the Advertisement, I carried the Salver to Mr Brown's House, and gave it his Wife. This is the Salver I took in from the Prisoner.

Mr Brown. This is one that I miss'd.

The Prisoner in her Defence, pleaded that her Master was very fond of her, and bid her not mind her Mistress, who was jealous of the Intimacy between them. And after she had told a long Story to this Purpose,(no Part of which, she could prove by any Witness, she insisted upon it, that her Master ordered her to pack up the Plate and go over with it to France; that accordingly she carried off the Goods, but her Mind altering, and she not being willing to go to France, pawned the Goods, that he might have the Trouble of redeeming them for his Pains; and that she intended to have sent her Mistress Word where the Goods were pledged.

Mr Tarp in Contradiction to this Story deposed, that Mr Brown complained to him the same Morning the Robbery was committed, about 7 o'Clock, that the Prisoner was run away , and had robbed him of his Plate.

Mr Brown farther deposed, that he had heard of this Story the Prisoner had raised ; upon which he took Mr Tarp with him to Newgate, and taxed her with being the Author of this Report: and she then declared, that whatever she might have said of this kind, was false and groundless.

Mr Tarp confirmed Mr Brown's Evidence, in this Respect.

The Prisoner denied she had seen either Mr Tarp or Mr Brown while she was in Newgate , but they both proved to the contrary; and both deposed, that when they saw her there, she had pawned an Apron for Garnish-Money , which Apron proved to be her Mistress's , and Mr Brown paid three Shillings for it.

The Prisoner owned she had pawned the Apron, and said her Master paid but a Shilling to redeem it.

Mr Brown added, that after the Prisoner was in Custody, she wrote him a Letter, informing him where she had pawned a laced Cap and a Hood, which were not missed, till that Information was received, but were then found according to her Directions. My Plate was worth 30 l. I could not replace it for 35 l. Guilty 39s.

[Transportation. See summary.]

288,289,290.+ James Haughton , Eleanor Haughton his Wife , alias Eleanor Haughton, Spinster, and Elizabeth Jemmet , of St Paul Shadwell , were indicted for privately stealing a silver Watch, val.3 l.4 Guineas, and 2 Half-guineas from the Person of , March 5 .

The Counsel having opened the Charge, the Witnesses were called.

Prosecutor. On Saturday Morning the 23d of February, I came from London,- I lay at a Friend's House on Friday Night, and next Morning walked as far as Haughton's House. I believe it was about 10 o'Clock in the Morning when I went in. I drank 2 or 3 Pints of Two-penny, and smoaked a Pipe or 2 of Tobacco, and not having eaten any thing, the Beer began to 'toxicate my Head. Upon that they asked me to go up Stairs, and when I was got up Stairs , they asked me what I would drink? I said, I did not care what. So they brought up Liquor called Bembow, and they supplied me with that, pretty much, whereof I staid there all Saturday, and all Saturday Night . I cannot say I was thoroughly disguised , but I was the worse for drinking, so I sat up all Saturday Night a drinking with them. I was drinking with them, from Saturday Morning to Sunday Morning , and the Prisoner Haughton , his Wife, and Elizabeth Jemmet were in my Company; Haughton's Wife supplied us with Liquor,- that great Woman in the middle there,- and there was another Woman with us,- one Susan Archer , but she is not here. I drank plentifully, and after I had drank plentifully , I began to be drousy, and being drousy on Sunday Evening I staid all that Night ,- I staid till Monday. I began to be drousy on Sunday Night, and fell asleep in the Chamber, in my Chair ,- I did not go to Bed, and so I saw Mrs Haughton give something to her Husband when I awaked ,- but what it was, I cannot say . A little after that, I put my Hand in my Pocket and examined my Purse, whereof I found nothing at all in it. I had seen my Purse in Eleanor Haughton's Hand, and asked what Business she had with my Purse? She said nothing , but delivered it to me again , and I put it into my Pocket, without looking to see whether it was gutted or no.

Couns. Between the Time you put the Purse in your Pocket, after you had received it from Haughton, and your examining it, could any one else have taken it out of your Pocket?

Prosecutor . No. No body came between us, from the Time she delivered it to me, and my finding nothing in it,- but Jemmet.

Couns. How much Money was in your Purse?

Prosecutor. Four Guineas,2 Half Guineas, and a Shilling; but when I took out my Purse, the Money was - all gone. I asked Ellen Haughton about it; she said, she took nothing out,- they all denied taking the Money out. I told them I had so much Money in it, and would have it again: upon which they every one of them bid me not make a Noise, and I should have my Money again. Then Jemmet came up to me, and said, come, if you will go along with me, you shall go up with me into my Chamber. Accordingly I went with her , and with that she brought up a Quartern of Brandy , which we drank; and with that I began to be drousy again .

Couns. When was this?

Prosecutor . This was on the Saturday Night.

Couns. And after you had drunk the Brandy what then?

Prosecutor. Then I was drousy again, and then I missed my Watch. There was no body with me, when I drank the Brandy, but Jemmet; and when I wak'd, I missed my Watch, there was no body in the Room with me but Jemmet .

Couns. And what did you do upon this?

Prosecutor . I asked her where my Watch was: She said she had carried it down to James Haughton, without giving me any Reason for it. I am sure I had it in my Pocket , when I went to sleep in Jemmet's , Room. I asked her what Business she had to meddle with my Watch? She told me, it was to let Mr Haughton see what it was o'clock. I bid her fetch it me again; and she went down Stairs, but instead of That, she brought up another Quartern of Brandy, and then the Watch went out of my Head. After this, I sat a drinking , and asked after my Watch; and I asked Mrs Haughton, what was to pay? I had paid 2 or 3 Reckonings before,- I believe I had paid to the Value of 23s.6d.

Couns. When was it you asked Mrs Haughton what was to pay? And what Answer did she make you?

Prosecutor. I asked her what was to pay for the new Reckoning on Monday Morning, and she told me,- nothing at all. Indeed I had nothing to pay, for they had got all my Money. When I felt in my Pocket, and found all my Money gone, I told them 'twas very hard to be served in this kind.

Couns. Did you tell them what Money was in the Purse?

Prosecutor. Yes. I told Mrs Haughton, but she said nothing at all to it.

Couns. You say you told her how much Money was in the Purse?

Prosecutor. Yes; She told me she took it for the Reckoning. She did not deny that she took it, but said she took it for the Reckoning. I told her it was impossible that I could drink so much Liquor as came to all this Money,- for there was 4 Guineas, and 2 Half-Guineas in the Purse, but they told me I had had it all in Liquor.

Couns. What 5 Pounds 6 Shillings-worth of Liquor?

Prosecutor. Yes; they told me I had had so much.- and more.

Couns. Pray had you any Eatables?

Prosecutor. No,- none at all;- nothing at all,- nothing but Brandy and Bembow; and there was only I, and the 3 Prisoners, and one more.

James Haughton. Please to ask him how long I was in Company with him, and when I parted with him .

Prosecutor . He was there on Saturday till 6 o'clock; and then he was in Company on Sunday, and on Sunday Evening . On Saturday he was in Company from 10 to 6, and all Sunday - I can't say directly all Sunday , but he was there a pretty while on Sunday Evening.

J. Haughton . Where was I in Company with you?

Prosecutor . At the Kitchen Fire, and likewise up Stairs on Sunday Afternoon, and in the Evening.

E. Haughton. Was you in our House, or Jemmet's all this Time?

Prosecutor . At your House - She's a wicked Hussey,-'tis a wicked House.

E. Haughton. Then how came you to come into it? Where did you lie on Sunday Night?

Prosecutor. At Jemmet's House. Jemmet lives at next Door, and is one of their Plyers.

E. Haughton. Did you see my Husband, when you went from my House on Sunday Morning, at 11 o'clock?

Prosecutor. I did not go from your House then. I went from your House on Monday Morning.

E. Haughton. Did not you lie at my House on Monday Night?

Prosecutor. No; I went away on Monday Morning.

E. Haughton. Where did you go when you left my House?

Prosecutor. I went to Stepney, to the Sign of the Rose,(a Publick House,) on Monday,- no,- that was not the first House,- the first House I went to was the Green Dragon, at Stepney, that was in the Morning; the last House I was at was the Rose at Stepney; I went thither about 10 o' clock at Night.

J. Haughton. Did you make any Complaint at Stepney, of your having been robbed?

Prosecutor. No; What Occasion had I to tell them of it? Two or 3 Days after I had got home, I said I had been robbed.

J. Haughton. When did you get out a Warrant to take us?

Prosecutor. I can't tell the Day,- I believe it was about 3 Weeks afterwards: and then they were not taken up, for Justice Jones took Bail for them.

J. Haughton. After you went from our House, did not you lie at the Rose at Stepney, and was not you asked when you went to Bed there, whether you had a Watch, or any Money?

Prosecutor. Nobody asked me the Question; for I drank a Pint or 2 of Beer, and paid my Reckoning there, so they had no Occasion to ask me what Money I had in my Pocket.

E. Haughton. Ask him if he did not borrow 3 Shillings of me when he went away, because he had a dirty Shirt on, and did not care to go home 'till it was dark?

Prosecutor. I did borrow 2 or 3 Shillings of them.

E. Haughton. Did you not go out on Sunday Morning, before Mr Haughton was got up?

Prosecutor. I did not go out at all. I staid there all the Evening, and was not a-bed all the Time I was there.- I believe it might be about 10 o'clock at Night, when I went to Jemmet's.- I did go there, and I lay there that Night, and returned to Haughton's House next Morning(Monday).

Jemmet. Did not you tell Haughton that you had pawn'd your Watch for 2 Guineas?

Prosecutor. No: Jemmet took it out of my Pocket, at her House, about 10 o'Clock at Night, as nigh as I can guess.

Haughtons. Did not we tell you we would lend you Money to give her, that you might have it again, and did we not lend you Money for a Coach to go home?

Prosecutor. No,- no such Thing:-'tis a notorious House.

Haughtons. How long did you stay out upon the Ramble, before you went home?

Prosecutor. I staid out a Week,- I am sure I lost the Money in Haughton's House. I saw it in my Purse about 12 o'Clock on Sunday Noon, and missed it about 9 at Night. I had some Silver in my Pocket, besides the Gold, when I first went into their House, but that I paid them for Reckonings. I lay at Jemmet's on Sunday Night, but I missed my Money before I went there.

W - F -. There or 4 Days after the Prosecutor had been at Haughton's House, he complained to me, that he had been robbed, and had lost his Money there;4 Guineas, and 2 Half-Guineas. He told me, that Haughton and his Wife took the Money, and another Woman afterwards took his Watch from him. At his Desire, I went to Haughton's House, and found them both sitting by the Fire. How came you to be so wicked says I) to serve my Friend so?- To let him spend all his Money, and then take 4 Guineas, and 2 Half-Guineas from him? Says Ellen Haughton, I took his Purse and Money. What did you take it for? Why,(says she) to pay what he ow'd, and his Reckonings. Then presently she said,- No, I gave a Guinea to one Woman, and a Guinea to another. Yes, says James Haughton, my Wife had the Money , and she gave it me to pay Reckoning: She gave (said he) one Guinea to one Woman; another to another Woman, and the rest she kept for the Reckoning. She did not say from whence she took the Money, but she own'd she had it; that she took it from him, and gave him the Purse again. She likewise owned that she had given Jemmet one Guinea, and Susan Archer another; and she said farther,- D - mn him, if he had had 20l. in his Pocket, she would have taken it all, for he would be ashamed to prosecute .

Couns. Did she declare in what Condition the Prosecutor was, when she took the Money?

F -. She said he was between sleeping and waking, when she took the Money out of the Purse, for he had been drinking a great deal of Bembow, and was drowsy; and that he happen'd to see the Purse in her Hand, and asked her what Business she had with it, upon which she said nothing, but gave him his Purse again, and he put it up into his Pocket, after she had taken the Money out of it; and when he called for the Reckoning, she said, she told him he had nothing to pay. Why then, says I, if you had got his Money, and he had nothing to pay, what did you take his Watch for? It was not I,(said she) who took his Watch from him,- it was Jemmet, for he was up with her in her Chamber. I never spoke to Jemmet about it, but the Haughtons told me, she came down to them with the Watch in her Hand, and shewed them what it was o'Clock: that she fetched 2 or 3 Quarterns of Brandy, and then went away with the Watch.

Jemmet. Ask the Prosecutor if he did not leave the Watch with me for the Reckoning; for he was at my House 2 Days and a Night,- from Sunday Morning eleven o'Clock, till Monday Night about six.

Prosecutor. I was there from Sunday between 10 and 11 at Night, till Monday Morning about 8, and then I went away to the Green Dragon at Stepney. I did not leave the Watch with her for the Reckoning, she took it.

Jemmet. Did you pay me any thing?

Prosecutor. She belongs to Haughton; she was a Tender there, and brought up most of the Liquors in Haughton's House. She is a 'Tender there, and a wicked Gang it is.- No, I paid her nothing.

Jemmet. Did not I come with another Person,3 Weeks after, to your House, and ask you whether you would redeem the Watch; and did not you say, you had ordered Mr F - to bring me the Money, and redeem it?

Prosecutor. She did come, I believe, about the Time she speaks of ; but I told her, I owed her no Money, nor any Money would I pay her; nor did she say any thing about redeeming the Watch. There was a Man with her,- one of their Gang, who would swear a Cow is a Horse, for 'tis a notorions Gang - I did not say, I had ordered Mr F - to pay her any Money for the Watch,- I said no such Thing .

Jemmet . He ask me,(when I went to him about it) how much the Watch lay for? I told him -3 l. odd Money. I'll give you two Guineas,(says he) and if you will not let me have it, I'll swear a Robbery; against you .

Prosecutor 'Tis all false.

Mr F -. Mrs Haughton told me the Watch was pawned for 50 s. That's false says I, for no Pawnbroker will lend above 2 Guineas upon it She told me, I had Money enough , and if I would let her have 2 Guineas I should have it again: but I told her I would not be concerned in compounding a Felony. They made their Brags, that the Great Miller had been with them, and that they had got his Money and Watch.

Ann Draper . I happened to be at Haughton's House, and she desired me to go to Mr F -'s, and tell him, if he would send 2 Guineas, his Friend's Watch should be redeemed. I went to him with this Message, and the same Day, and he told me he would not redeem it,- he would not do any such thing.

E. Haughton. Please to ask her, what brought her to my House that Day?

Draper. Indeed I can't justly tell.- I go out a Washing and Scowring, and Mrs Haughton knew I used Mr F -'s House.

James Haughton in his Defence said, the Prosecutor came into his House on Saturday Morning, and called for a Pint of Two-penny; that he drank part of 6 or 7 Pints with him, and about 2 o'Clock went out to Limehouse, and did not come home till 12; that he then went to Bed, and saw no more of the Prosecutor till Monday Evening,6 o'Clock; and then he told him he had left his Watch as a Pawn, for 3l. odd Money, at Mrs Jemmet's, and desired him to lend him Money to redeem it because he thought it was not safe with her. That he refused to lend him so much Money, but offered to lend him Money to pay for a Coach, if he would go home. That when he went away he borrowed 2 or 3 Shillings to go to Stepney with, because he was too dirty to go home by Day-light. That he continued at Stepney 7 or 8 Days, and made no Complaint of this Robbery,&c.

Elizabeth Jettee . The Prosecutor came into Haughton's House about 9 o'Clock in the Morning, on Saturday the 23d of February, and called for a Pint of Two-penny. My Master came down Stairs and the Prosecutor asked him to drink with him; and they drank together till 12 o'Clock, at Noon, and then my Master went out, and did not come home till between 12 and one o'Clock, and then went directly to Bed. The Prosecutor went to Bed, up one pair of Stairs, about 9 o'Clock in the Evening;- I am sure he went into the naked Bed.

Couns. Who kept the Prosecutor Company?

Jettee. He was in his own Company a considerable Time;- with no Body but himself. From 9 o'Clock in the Morning till about 2 in the Afternoon, he sat below Stairs, with no body but himself, and had a considerable Parcel of Liquor. Between 4 and 5 he went up Stairs into the Bedchamber; I went up with him, and lit a Fire in the Room, and there he sat.

Couns. And who sat with him above Stairs.

Jettee. There was a young Woman with him, that lodges in our House; one Sue Archer .

Couns. Was not your Mistress, and Jemmet with him above Stairs too?

Jettee. No. About 8 o'Clock the next Morning (Sunday) he got up, and came down Stairs, and drank very considerably till about 11 o'Clock, then he went out, I don't know where, and it was before my Master was up. On Monday Evening, about Candle-light, he returned, and not before.

Couns. So you are positive he went out of the House before your Master was up?

Jettee. Yes; and he did not come back before Monday Afternoon;- no,'twas Monday Night, and then my Master was at Home, and the Prosecutor asked him to drink with him, but he refused it, because he was ill. He was very much in Liquor at this Time, and seemed very good natured; and said he had left his Watch at next Door, but did not tell us why he left it there, nor where he lay on Sunday Night. That Monday Night he lay at our House, and the next Day,(Tuesday) he went away between 3 and 4 in the Afternoon, and asked my Mistress to lend him 2 or 3 Shillings.

Couns. Was you there when he first came into the House?

Jettee. Yes; and he sat and drank, and smoaked several Pipes, and was very sober,(to my thinking,) when he came in; and no body came to him, but the young Gentlewoman who lodges in our House, and is a Sailor's Wife,- but I never saw her Husband in my Life. She has lodged in our House, between 4 and 5 Months, and was no Stranger to the Prosecutor, for he asked her, when she first came in (between 12 and one) to sit down and drink with him. She did not sit down with him at first, but went up Stairs, and staid in her own Room for about an Hour and a Quarter, then she came down, and he asked her again to drink with him. She accordingly sat down and drank with him for two or three Hours in the publick Room. Then the Gentleman ordered a Fire to be made in another Room,[the Kitchen.] The Sailor's Wife went and sat some Time with him, and then she went out of the House, and he sat a good part of the Time by himself. Between 5 and 6 he went up Stairs into the Chamber, and no one but myself went up with him, and he staid there till 9 o'Clock, then he went to Bed.

Couns. Did not Archer go up Stairs with him?

Jettee. Not till I went to shew him his Bed. From 5 to 9 he sat alone, and drank and smoaked above Stairs all alone.- I cannot say positively, whether he was, or was not alone, all the Time;- most part of the Time he was alone. I was in the Room when he went to bed, and took away his Candle.

Couns. And what Quantity of Liquor did he drink before he went to bed?

Jettee. About 30 or 40 s. in Punch.

Couns. Why he could not drink all this alone; Who drank with him?

Jettee. Mrs Archer.

Couns. You said just now she was not with him.

Jettee. He drank a great deal himself. My Master drank none, and my Mistress never sat down in his Company. As soon as he got up in the Morning,(Sunday) he had a 3 s. Tiff, and more Liquor after that. He went out that Day about 11 in the Forenoon, and between 8 and 11 he made up a Reckoning of 11 or 12 Shillings, which my Mistress brought on Sunday Morning: But then there was somebody or other drinking with him; for he asked every body that came in to drink. All this while, there was no Dispute at all; I neither saw, nor heard of a Purse; and as to the Watch, he told my Master where he had left it; and told him if he would take it into his Custody, he would call in 8 or 9 Days, and fetch it again. I was in the House when Mr F - came about the Watch, and my Mistress told him, she had none of it; and that it was not left there, nor did she offer him the Watch again for 2 Guineas .

Thomas Glanville .[The Landlord at Stepney.] The last Tuesday in February, Tuesday or Wednesday, the 26th or 27th Day of the Month,- I am sure it was one of those Days, the Prosecutor came into my House about Half an Hour after 10 or 11 o'Clock at Night, and setting himself down by the Fire-side, he called for a Pint of Beer. I scrupled drawing it, because it was late; but he desiring one Pint, I drew it him, and he drank it up at a Draught, and held out the Pot for another. I told him I would draw no more: then he begged I would let him have a Pint of Small Beer. I fetch'd him that, and he drank half of it, and desired me to mend it. I mended it, and we drank 10 or 11 Pints together;- In short, we both got drunk, and then the Prosecutor wanted a Fire to be lighted. I told him he should have one if he would pay for it; and a Fire being made, we both sat drinking till 7 or 8 in the Morning. After which I happened to see a Miller going by, whom I knew, and I asked him if he knew the Chap I had been drinking with? Yes, says he,-'tis 'Squire F -, let him have what he will: if he runs up 10 L. your Money is safe . About 10 o'Clock he pull'd off his Newmarket Coat, and laid down upon the Bed.- He staid at my House from that Night, to the Wednesday se'nnight following. When he had been at my House a day or two, I went and told his Miller where his Master was, and in the Evening a Man came, and would have taken him home, but he could not get him away: So the next Evening I went down to Madam F -, and told her, where he was.'Tis his Humour, said she,- I am glad he's in an honest House; let him have what he will. What he will! says I, Why then he'll kill himself!'Tis his Humour, let him have what he pleases, he'll pay you. While he was in my House, a Gentleman came to him, and they had some Discourse together; and when he went away, he told me the Prosecutor had been robbed; I asked him about it; He was in Liquor, and did not care to speak, but at last he told me his Watch was safe.

Thomas Littlewood . I saw the Prosecutor at Haughton's on Saturday the 23d of February, and spent 6d. with him there. Haughton is a Marshal's-Court Officer, and I am a Brewer, and serve him with Beer. I look upon him to be a very honest Man, and would trust him with 40 or 50 L. to-morrow . I have not heard a general ill Character of the House.'Tis not a bad House, as I know of,- any more than any other, that is a Publick House.

Frances Saunders , Mr Glanville's Wife's Nurse at Stepney , deposed, she heard the Prosecutor tell her Master , his Watch was safe .

Sarah Ainsworth . This Gentleman (the Prosecutor) came on the Sunday Morning to Jemmet's House, and asked if she sold any thing to drink. Yes, she said, he might have any thing to drink that he pleased. He called for Punch, and had a Bowl or two. I cannot tell how much he paid for a Bowl,- I believe it was 3s. a piece. Then he went up Stairs, and desired the Company of me, and another young Woman who was with me. We went up and drank with him; and he called for more Liquor, and drank plentifully - I believe to the Amount of 16 or 18 Shillings. He staid from Sunday, to Monday about 5 o'Clock in the Evening, and made a Present of Half a Guinea between the young Woman and me for keeping him Company. The Reckoning was high, before he went away, and Jemmet beginning to be uneasy about it, she asked him for Money. He told he had none, but desired her to take a Note of Hand. She did not care to do that; so he put his Hand in his Pocket, and bid her carry his Watch to pawn: She took it in her hand, and told him it was Sunday, she could not pawn it then, and gave it him again: But he gave it her back again, and bid her keep it in her Custody, and he would come in a Week or 10 Days to redeem it. He would have had more Liquor, but Jemmet refused him, and desired him to go about his Business, else he had no Desire to go away.

Jemmet. Did not you score the Reckoning upon the Table before him.

Ainsworth. Yes; and it was not rubbed out a Week after.

Jemmet. What did the Reckoning come to?

Ainsworth.3l.7s. and 1d.

Jemmet. And the odd Penny was for a Penny-worth of Tobacco. Did not you sit up all Night a drinking with him?

Ainsworth. He lay down upon the Bed, and drank as he lay down: he was a Beast of a Man,&c.

Couns. Pray does the Prisoner Jemmet keep a Publick House?

Ainsworth. No,- only a House to lodge in. She is poor, and sells Liquors, tho' she never keeps any in the House.'Twas Punch we drank;- I don't know what it was made of, but there were no Jellies in it, nor can I tell what House it came from. I know she never keeps any Ingredients by her to make Punch with,- except Sugar.

Henry Blundell . Jemmet told me she had a Watch left with her for 3 l.7s.1 d. and I went with her to the Prosecutor's House about it. He was not at Home, but she told his Wife that her Husband had left his Watch with her for 3l.7s. and 1d. and she must have her Money, or must part with the Watch. The Gentlewoman desired her not to part with it, and sent us to a Place to enquire for him, We went thither and we saw the Prosecutor, who told us,- he thought Mr F - had been with her and had paid the Money. She said no, he had not, and she would not part with the Watch to any one but himself. The Prosecutor then told her, he would give her 2 Guineas if she would return the Watch. No, said she, I can't take that for 3l.7s.1d. Why then says he, I'll serve you as I did Moll Thomas, a little while ago; I'll swear a Robbery against you.

Couns. Pray where do you live ?

Blundell. I live in Dirty Lane, by Blackman street,- I am a Dyer.

Prosecutor. There was a Man with me about the Watch, but it was not this Man;- I take him to be a very vile Fellow.

The Jury acquitted all the Prisoners.

291. James Milroy was indicted for stealing 30 lb. of Tobacco, val.10s. the Goods of a Person unknown, June 25 .

Thomas Watson I am a Watchman belonging to Aldgate: as I was on Duty the 25th of June, between 11 and 12 at Night, I saw the Prisoner coming along with a Parcel on his Back, and I asked him what he had got there? He refused to tell me; upon which I insisted upon knowing. Then said he, I will go back to the Place, and tell you where I had it. I went a little Way with him, and he threw down the Bundle, and ran away. He got a little Way from me, but we took him in a few Minutes.

Prisoner. Ask him where he detected me first?

Watson. I stopped him in Poor Jewry Lane, near Aldgate, at the Backside of the Three Tunn Tavern. He ran to Towerhill before he was taken; I am positive the Prisoner is the Man.

A Witness. I happened to be going home to my Lodging, when the Watchman first detected the Prisoner, and asked him what he had got upon his Head. He desired him to go to the Watch-house, and shew him what it was. The Prisoner told him, he would go and shew him the Place from whence he had it, and it being in my way home, I went with them. But when he had got 10 or 12 Yards from the Place where he was first stopped, he threw down the Goods and ran away; and the Watchman followed him crying stop Thief. He was first stopped in Poor Jewry Lane, near Aldgate.

Prisoner. I was come from on Board o'Ship at Deptford, and was going home to my Lodging in Wheatsheaf Alley; and as I was going over Tower-hill in my Way home, a Man stopped me, and they said I was the Person. I asked them what I had done, but they took me to the Watch-house, and said I was the same Man, because I had white Cloaths on, trimmed with the same.

- Weaver. I am a Watchman belonging to Aldgate, and was at my Stand, when the Prisoner escaped from Watson. He cried stop Thief; I followed, and the Prisoner ran thro' Savage Gardens , where I lost Sight of him for 4 or 5 Minutes, by his turning the Corner, but I recovered Sight of him again, in that Time, and never lost it again till he was taken.

Prisoner. How far was you from me when I was taken?

- Weaver. About 7 or 8 Yards.

Another Witness. As the former Witnesses were crying stop Thief, I stopped the Prisoner about the middle of Towerhill . He was coming round towards George-Yard , and I caught him by the Arm.- He was upon a full run.

A Witness. I have know the Prisoner 3 or 4 Years; I never knew him wrong any body of a Farthing in my Life. He was a Gentleman's Porter , and belonged to a Wine Cellar.

A Woman. He is my Husband; I have nothing to say against him, to be sure.

A Witness. I have known him 6 Years; and never knew him guilty of a Fault in my Life.

The Jury acquitted the Prisoner.

292. John Sargery was indicted for stealing 2 Silver Forks , the Goods of Thomas De Veil , Esq ; June 18 .

Mr De Veil. On the 18th of June, I employed that young Man as a Cook , to dress a Dinner at my House. These two Forks were lost out of the Kitchen: the next Witness will inform you, how he came by them.

Richard Rivers . On the 18th of June, the Prisoner (a little in drink) brought me a Bundle in a Paper, sealed with three Seals: and says he, put this by for me till I call for it. I put it into my Cupboard, and did not look at it for a Week. But on the Thursday following I happened to be in a Wine-Cellar, where I heard that Colonel De Veil had lost 2 silver Forks. I said I believed they were in a Bundle I had from the Prisoner. I carried the Bundle to the Colonel's, and would not let it be opened till I came there. I asked him if he had lost any Forks on such a Day? Upon his saying yes, I told him I had a Bundle left with me by Sargery, which I shewed him. He opened it, and there were two Forks in it which proved to be his: he got another Fork of the same sort, and compared them together . The Bundle was never opened all the Time it was in my Custody; nor till it was carried before Colonel De Veil. This is the Paper they were wrapped up in.

Prisoner . I was vastly in Liquor, and have nothing to say, but to beg the Mercy of the Court.- I was vastly in Liquor when I did it , and did it for no Manner of Occasion.

Mr De Veil. These are the Forks the Witness brought to me; they are mine, and have my Crest upon them. Guilty .

[Transportation. See summary.]

293. Mary Depenn of St Mary Whitechapel , alias Mary the Wife of William Anderson , was indicted for stealing a Watch with the inside and outside Cases made of Silver, val.40s. a silver Chain, val.12 d. and 2 steal Seals val.1d. the Goods of Thomas Dukes in his Dwelling-House , May 23 .

John Dukes. My Sister having lost a Watch out of her House, and suspecting the Prisoner, she came to me, and asked me if I knew her? I told her yes, and she desired me to go with her to get a Warrant for her. This was on the 23d of May; and on the 24th I took her at Bow, and brought her before Justice Fowkes, where she owned she took the Watch off the Nail by the Side of the Chimney, and had intended to take it, a good while before she actually did it, if she could have known how to have disposed of it. But one Mrs Jons telling her she could vend such a thing for her, she then took it. The Watch was produced before the Justice; and he asked her, if that was the same Watch she took from my Brother's House? She said it was the same, and owned she took it away.

Daniel Gwynn . John Dukes came to me about this Affair, and we got a Warrant to apprehend the Prisoner, and carried her before a Justice: she owned to me before we carried herthither, that she had taken the Watch, and had pawned it, but would not tell us where it was pawned; because the Woman to whom she had given it to pawn for her, had lent her Money upon it herself. This is the Watch, and she owned she took it.

Thomas Dukes . This is my Watch.

Prisoner. Whatever they say ,- I used to wash at Mrs Dukes's House, and she owing a Quantity of Money to a certain Person, told me, if her Husband should come to the Knowledge of it, she should have a good deal of Anger: So she gave me the Watch out of her own Hand to pawn for her, and when her Husband missed it , she came and swore to me downright. The Prisoner having no Witnesses either to the Fact, or her Character, the Jury found her Guilty of Felony only .

[Transportation. See summary.]

294,295. Elizabeth Grazeff Widow , and Elizabeth Grazeff Spinster , of St James's Westminster , were indicted for stealing a Silk Scarf, val.19 s. a Linnen Shirt, val.18 s . and a Linnen Gown, val.25 s. the Goods of the Reverend George Lumley , Clerk, in the Dwelling-House of Edward Darling , Dec.2 .

The Rev. Mr Lumley. What I have to say in the Affair is this. That the Goods contained in the Indictment were my Property. That those Goods were actually locked up in a Box. That in that Box were a Scarf, a Gown, and a Shirt. That they broke open - A - Box belonging to me. That the Box was in the House of Edward Darling. I can't positively say his Name is Edward Darling,- but his Name is Darling, and I take it to be Edward Darling. I have more Reason to apprehend his Name is Edward, than the contrary. That this Box was broke open, and it was in the House of Edward Darling, in the House where the Prisoners lodg'd. That this house is in Queen-street, Westminster , by the Haymarket,- by Piccadilly. The Things were in that House on the 2d of December; that is, the Box in which the Things were contain'd. Besides,- several other Things were then,- and there,- deposited in the Custody of the 2 Prisoners. I my self consented to have them put into their Custody: and in their Possession they were,- and they were so by my Consent. Now what I have to observe farther is,- I have already observed that these Goods were mine, and I do declare, as I am upon my Oath, that the 2 Prisoners at the Bar did say, They broke open this Box, and took the Goods out of the Box, in order to pledge them,- in order to raise a certain Sum of Money upon them. I did not lodge in the same House,- I came from Portsmouth,- I am Chaplain of the Centurion Man of War; and when I came to Town, I put the Box into their Possession. My Spouse was acquainted with them,- I never was acquainted with them above a Month, or 6 Weeks, tho' my Spouse had known them some time before. This particular Box was sent to them, by my Direction.- It was not only directed to them, but was left in their Custody. This Box did not come from Portsmouth, for the Box,- this Box, my Lord, was a Box that my Wife had to put her Linnen in, and several other necessary things; and when I took it to Town, I put in my Scarf, and the Shirt, and the Linnen Gown; and this Box (my Lord) was broke open. Now this Box I did not send it from Portsmouth,- My Wife took it from Lambeth: and this Box had afterwards a Lock put to it, after it came from Lambeth. That this Box was lock'd,- is out of the Question,- it was sent immediately from Lambeth to Darling's House, and my Wife sent it. I have already told you,- that this Box did not come from Portsmouth; that these Things were not contained in the Box, when it came from Lambeth; but I put these Things into it, in the House of Darling, and locked it with my own Hands.- I put them in with my own Hands, after the Box came there. If I might be so bold as to trouble the Court with a long Detail, as Sir Edward Hill is not here,- but if Sir Edward Hill was here, he could inform you, that if I did not prosecute them, they would prosecute me; for they had a Warrant out against me: I went before Sir Edward, and he discharged a Warrant they had against me. I have no Malice in the Thing, but if I would not prosecute them, they would prosecute me. My Lord, this Box was in their Custody, and it was locked both then, and before, and, my Lord, I lock'd it with my own Hands, after I had put the Things into it; and the Key I have now,- I took it away with me. Sir, With regard to the Shirt that I put into the Box, my Servant was present, when I put it in, but he is at Portsmouth. The 2 Prisoners were then present, and this was on the 2d of December, as I was telling you before,- if I was to go into a Detail of the thing. I missed them on the 3d of December,- the Day following; for I lodged in the same Street, and on coming there for my Shirt, as I came from Portsmouth with but 2 Shirts, I went for this, and on my coming there, the Box was broke open,- I found it broke open; and on finding the Box broke open, I told my Spouse, I was surprized at a thing of that Nature; and my Spouse was gone to Breakfast with the 2 Prisoners at the same Time. What I observe farther on the Affair, is this,- finding myself deprived of my Effects, I probably made a Noise, and so a Warrant was granted against me by Sir Edward Hill, on Account of that Noise I made, about these things. But (with Submission) I made so much Noise, that Sir Edward discharg'd me, he did not think proper to commit me. Afterwards I sent to the Prisoners at the Bar.- I told them,- provided they would let me have my Effects again, I was willing not to prosecute them.- This I did say; and upon this, in order that I should not prosecute them, they arrested me, in an Action for 50 s. on Account of my Brother and my Wife; which Action I have their full Discharge for. All I have to say, is this,- they did actually declare they pawned these things at one Mr Grubb's, and this I know by their own Confession, when I went before Sir Edward Hill; and to the best of my Remembrance it might be about the 14th of Dec. then or thereabouts. But, as I observed before,- they confessed the thing at first,- they confessed it the 3d of December. I have already observed what they said the 3d of December. They both said, they had actually taken a Scarf, a Gown, a Shirt, and had pawn'd them actually, in the Hands of Grubb; and they had nothing to say in Excuse, more than this,- That my Wife was consenting to it. That I suppose they will say now, and That is all the Case I suppose.

Jury. How long is it since you was arrested for 50 Shillings? And when did you pay it?

Mr Lumley. It was paid to the best of my Remembrance, last Good Friday. My Agent's Clerk - Mr Jasper's Clerk paid it. They actually arrested me, and put me into the Marshalsea, to prevent the Prosecution.

Defence. Grazeff jun. Mr Lumley being at Portsmouth, I used to visit Mrs Lumley; and while I was there one Day, her Landlady seized her Goods; upon which she begged, I would let her come home and lie with me. I took her home, with her Brother-in-Law, and her Servant. Mrs Lumley lay with me for a fortnight; and I helped the Brother to a Lodging in the Neighbourhood, where he continued 3 Weeks, Mr Lumley promising to pay for it. He had Stockings, Handkerchiefs, Gloves, and other Things of us before he went to Portsmouth; and signed the Bill, that we might receive it at Mr Jasper's; but Mr Jasper refused to pay it unless the Prosecutor was present: Yet Mr Lumley wanted a Receipt from us in full; and one Sunday Night he made such a Riot in the House about this Bill, cursing and brawling, that the Landlord of the House came, and begged he would not make such a Noise; but he persisted in making the Riot, and threatened to break a Glass, which cost us Four Pounds. He never demanded any Goods, for the Box was delivered to him. And, on Account of this Riot, Mr Darling got a Warrant for him, but Sir Edward Hill would not commit him, because he was a Clergyman. As to the Goods, Mrs Lumley would never trust us with any, for fear we should stop them; and all the Things that were pawned, she pawned herself; and those which he charges us with, were never at our House at all.

Mr Lumley. By those whom they presume to call to their Characters, it will be found on their Examination, that they were in the House.

Prisoners. We never pawned any of the things. We are near Neighbours to Mr Grubb, and he might have had him here to have proved it, if we had done it.

William Bird . I know nothing of the Prisoners, but happened to be casually going by this Place, and heard, that Mr Lumley was carrying on a Prosecution, I came in; and all I have to say, is this, That I know him, his Wife, and his Mother, and know them to be a very base, vile People. I take him to be a very vile Fellow, and do believe that he would not speak Truth upon Oath.

Mary Crossman . Mr Lumley and his Wife lodged at our House between 5 and 6 Months. Elizabeth Grazeff the younger used to come to see them; she was a particular Acquaintance of theirs, and, as I thought, a Friend. To my Knowledge, she has lent them Things to pledge, to serve them in their Necessity.(The Box was produced.) This small Box was all they brought to my House, with all the Materials they had; and it was in the same Condition as it is now, without a Lock, and but one Hinge to it. He went away in December, and his Wife went in the same Month.

Mr Lumley. I desire she may be asked, if I had not a Scarf in that Box, which cost me 19 s. and 9 d. half-penny.

Crossman. He had a Scarf, but that was gone: and he had another which he brought from Portsmouth, and that was not worth Half a Crown.

Mr Lumley. Why, which way did the Scarf go?

Crossman. Why, I believe the Way that all the rest of his Things went;- they had pawned them all, and had nothing to put on their Backs. I seized what was left, for my Rent, and here is an Inventory of all the Goods that I seized .

Tho Cross . Grazeff the Younger was acquainted (I know) with Mrs Lumley; she used to come to see the Lumleys, and I believe was a Friend to them. He gave an Account of Mr. Lumley's trifling with him on Account of a Debt, but this had no relation to the Matter in Question.

Elizabeth Hoskins . Some Time ago, I was going along the Strand, and saw Mr Lumley and his Mother. The Mother said, this is one of Mrs Grazeff's Kinswomen. Mr. Lumley damned and cursed both Mrs Grazeff, and her Daughter; and said, he would do their Business for them. He said he had got one of them in Newgate, and that he would have them both transported.

Mr Lumley. I desire she may be asked, whether she did not come to me once or twice, in order to make up this Affair.

Hoskins. I came to your House to speak to your Mother about it, but it was at your own Request.

Nathaniel Brown . I have known the two Prisoners at the Bar, for some Time. They know nothing of my being here; nor did I know any thing of this Affair, till now but as I happened to be here, I can say, they live not 100 Yards from me, and bear as honest Characters as any People in the World. They keep a Milliner's Shop, and sell Gloves; I never heard the least ill Thing of them in the World.

The Jury acquitted the Prisoners, and the Court granted them a Copy of the Indictment.

296. William Bird of Pancras was indicted for that he not having God before his Eyes,&c. in and upon Mary Bird his Wife , felonoiusly,&c. did make an Assault, and with both his Hands, in and upon the top of the Head of the said Mary, divers Times, feloniously did strike and beat, giving her a mortal Bruise of which she instantly died . June 22 .

He was a second Time charged by Virtue of the Coroner's Inquest, for feloniously slaying the said Mary.

Mary Slate . I lodged in William Bird's House almost two Years. On Sunday Morning, the 21st or 22d of June, when the Accident happened, the Prisoner's Prentice Girl came up and called me between 3 and 4 in the Morning. When I came down Stairs, I found her lying dead upon the Floor, and he lay by her. Then I called the Prisoner's Sister Barker, who lodged a little higher up the Road, at the Dog and Duck. When we came down to the House again, he staggered himself up, and went up Stairs, in a staggering Manner. I found her dead in the Shop, upon the Floor, and he lying by her. After he had staggered up Stairs, he laid himself on the Bed. About 12 o'Clock, a Woman (whom I never saw before or since as I know of) came up and asked him how the Accident happened? His Answer was,- it was unlucky. I, and another Woman, stripped the deceas'd, and all the Marks I saw upon her, were 2 Blows,- black Marks, one on one Shoulder, and one on another; and a little Pinch on her upper Lip. The black Marks were just on the Top of her Shoulders. They lived together pretty well, except some Times, when he had a little Liquor in his Head: then he would swear at her, but I never saw him strike her in my Life. He has a Child by her which is now between 23 and 24 Years of Age.

Paul Lewis . I was employed as a Surgeon, to open the deceased's Head; and I found a small Wound upon the very top of the Head, which I suspected was the Occasion of her Death I took off the hairy Scalp, and underneath the Scalp, upon the Skull, I found 2 small Fractures, about the Length of half an Inch each, which did not pene trate farther than the first Table. Then I opened the Skull, and under those Fractures, between the Dura Mate and the Pia Mater, I found a large quantity of extravasated Blood, which I imagine was the cause of her Death. The Prisoner had stabbed himself, as soon as he found his Wife was dead, and the Sword had penetrated 6 or 7 Inches into his Body, his Sword was bloody above 5 Inches. Upon finding the Wound to be a Puncture, I opened it above 6 or 7 Inches; and during the Time I attended to dress him, Mr Wilson asked him how the Accident happened? He said he gave the deceas'd an unhappy blow, with his Right-Hand, for being a Left-handed Man, he was afraid if he struck her with his Left-Hand, he should have done her a Mischief. With that Blow he said the deceas'd reeled from one side of the Room to the other, and fell against a Sand-Binn; for they kept a Chandler's Shop, and had a Birm in the Shop to put Sand in. He said she reeled and fell with her Head against the Sand-Binn. She had one Bruise upon her Shoulder, but I don't remember she had any other Marks about her. The Prisoner always seemed in a distracted condition, every Time I went to dress him; which I took to proceed from his Concern for the loss of his Wife: for he always said when I went to him, that she was the best Wife that ever lived with any Man, and that he would give all that ever he had had in the World, if she could be restored to him again. Nor would he suffer her to be taken out of the Room, tho' she smelt strong, till the Coroner had sat upon the Body. I saw him about 8 o'Clock in the Morning after the Accident, and we could not imagine how he gave himself the Wound: upon which he desired us to let him see his Sword, and he would shew us (he said) how he did it; but we kept it from him, and were obliged to keep People about him, for fear he should do himself a Mischief. I can't believe that the Wound on the Head of the Deceased was given by a Blow with the Fist,'tis more likely it was done by the Fall: The Wound corresponded with the Mark on the Shoulder, and I apprehend it must have been done with the Fall, and could not possibly be done by his striking her.

John Barker . The Deceased was my Wife's Sister . I can say nothing about the Accident. I have known the Prisoner 13 Years, and by all that I have seen, I know they lived very happy together. Now and then they might have a few Words, but I never saw any Blows given in my Life.

Jane Barker . I am the Deceased's Sister. About 4 o'Clock in the Morning I was called to her House; and when I came, she lay dead upon the Floor: My Brother had stabb'd hi mself, and lay upon the Ground by her, side by side. I know they liv'd as lovingly together as any two People could do. They were married the same Month that King George the First was crown'd in, and have had a matter of 10 or 12 Children born and christen'd, besides Miscarriages. They always lived very lovingly together, except sometimes. He was passionate, and she was as passionate as he. The best in the World may have Words sometimes. I live within 4 Doors of them, and never saw him strike her in my Life. I have heard him threaten her, but if she went out of Doors, he never offered to follow her. I was always with them from the time I got up,(if it was 5 in the Morning)'till Night when I went to Bed.- I was always there, but never see him strike her. I can say, he is as honest a Man as ever the Ground carried, and is far from being quarrelsome.

Jury. The Surgeon says there were 2 small Fractures, half an inch long; we desire he may be asked again, Whether he believes they came by the Fall against the Binn?

Mr Lewis. Yes, I believe they did; for they were within a quarter of an inch of one another. They were so near, and so small, that they did not make an Inch in all, with the Distance between them. There were 2 Fractures in the Skull, and but one Wound on the hairy Scalp.

Brigadier Foliard. I have known the Prisoner 20 Years, I served in the same Regiment with him. He is a very sober, quiet, peaceable Man; I never knew him quarrel in my Life.

Major Hunt . I have known him 20 Years. He is a very humane, good-natur'd, quiet Man, and not given to quarrel. I have had him several times upon Guard with me, where he has had frequent Opportunities to shew his Temper, and I always found him a quiet, peaceable Man .

Capt. Carey. I have the Honour to be in the Regiment with this Gentleman. I have known the Prisoner 15 Years, and have had some Opportunity to observe his Temper. For a Friend of mine being ill, he had a Mind to have this Man to attend him, and he was with me (on that Account) Nine Months, Day and Night: every other Day, he begg'd leave to go home and see his old Woman, as he called her, and he constantly went every other Day to see her, and came back in an Hour and an half; during which Time he gave her his Pay, and liv'd himself, on what I allowed him. He is a quiet , peaceable Man, and a good Man, else I would not have entrusted him with a sick Man, and one who was a Person of Quality.

The Jury found him Guilty of Manslaughter .

[Branding. See summary.]

297. Thomas Ayloffe alias Ayliffe was indicted for stealing 2 Sheep, val 36s. the Property of William Waller , May 17 . Guilty .

[Transportation. See summary.]

298. William Argus was indicted for stealing a Pair of Breeches, val.8d. the Goods of Thomas Harris , May 30 . Acquitted .

299,300,301. William Winter , Samuel Williams , and Henry Barnes , were indicted for stealing a Copper Sauce-pan, val.2 s. a Brass Stew-pan, val.2 s.6 d. a Tin Kettle, and other Things , the Goods of Elizabeth Manlove , June 8 . All Guilty 10 d.

[Transportation. See summary.]

302,303. Thomas Perkins , and John Cable of St. Luke's Middlesex , were indicted for stealing a Holland Shirt, val.5 s. the Goods of John Serjeant , and one Ditto, val.5 s. the Goods of John Ormond , July 2 . Perkins Guilty ; Cable Acquitted .

[Transportation. See summary.]

304. John Powel , was indicted for stealing a Wooden Firkin, val.2 s. and 9 Gallons of Small Beer, val.2 s.6 d. the Goods of John Green , Esq ; June 28 .

John Hill . As I was coming along Leather-Lane , the 28th of June, I saw that honest Man at the Bar there, taking a Firkin of Beer off 'Squire Green's Dray.'Twas Small Beer,- I don't justly know the Value of it, for I did not belong to the Dray. I thought the Prisoner had no Business with the Beer, so I said to him,''Friend you don't '' belong to the Dray, you had better let the Beer alone.'''' I am only going to carry it a little Way, says he, and so he took it away. Upon this I called in at Mr Green's Yard , and told his Men; they went after the Prisoner, and took him.

Thomas Lovelage. Hill called to me in the Yard, and told me, a Man was taking a Barrel of Beer off the Dray: I went after the Prisoner, and just as I came to Hatton Wall , I saw he had pitch'd the Firkin of Mr Green's Beer , upon a Bench. When I took him, he said a Man was to give him a Pint of Beer , to carry it to the Place where he had pitch'd it.

Prisoner. There was a Man at the Dray, who promised me a Pint of Beer to carry it to the Farrier's Shop. and there leave it. Guilty .

[Transportation. See summary.]

305. Elizabeth Cane was indicted for stealing a Waistcoat, val.5 s. and a Pair of Breeches, val.3 s. the Goods of John Riddle , May 30,1739 .

Dorothy Riddle . My Husband lost his Waistcoat and Breeches out of our Dining-Room, May 30,1739. They were afterwards found in Mr Jackson's Shop in Holborn.

Thomas Jackson . On the 6th of June,1739, the Prisoner was coming by our Shop; a Woman met her, and asked her where she was going? the Prisoner told her she was going to sell a Waistcoat and Breeches,(which she had fetch'd out of Pawn) in Order to raise Money to pay her Brother's Fees at the Gatehouse. I heard this, and asked her what she would have for them? We bargain'd for 12 Shillings, and I afterwards sold the Waistcoat. But the Breeches hanging out of the Window, tho' the Gold Buttons which were on them were cut off, and others put on, yet Mr Riddle coming by the Shop, knew them, challeng'd them, and said he had lost a Waistcoat with them; and upon this I discover'd the Prisoner.

Prisoner. My Husband * brought them to me and told me he had bought them: but they not fitting him, I first carry'd them to pawn, and afterwards sold them to Jackson.

* Her Husband John Cane was convicted last April Sessions, for robbing Mr Wren, in New-street, Covent Garden, of Sundry Wearing Apparil. See his Trial No.230.

Mary Smith . I liv'd with the Prisoner almost 4 Years: Her Husband used to sell black Balls about the Streets. He brought the Waistcoat and Breeches home, one Day, and said he bought them to wear on St Patrick's Day. He afterwards gave them to her to pawn, and then order'd her to sell them. Acquitted .

306. + Elizabeth Bennet was indicted for breaking and entering the Dwelling-House of Mary Green ,(the said Green being in the House,) and stealing 3 Blankets, val.8 s. a Pair of Sheets, val.2 s. and a linnen Quilt, lin'd with Woollen, val.3 s. May 31 .

Mary Green . My House was broke open the last Day of May, and I lost off my Bed,3 Blankets, a Pair of Sheets, and a Quilt, about the Middle of the Day, between 10 and 12 o'Clock. When I went into the Room, I was surprised to see the Bed naked, knowing how I had left it, about an Hour, or an Hour and Half before. Lord bless me says I,- I have lost all my Bedding! And looking about, I saw a Pane of Glass broke, and the Bolt of the Window had been open'd. I was in the House the same Time, and wonder'd how it could be. When I found my Goods, they were in the next Witness's Possession.

A Witness. The last Day of May, the Prisoner brought me 2 Blankets, for which I gave her 6 Shillings. In less than 2 Hours I heard they were Part of Mrs Green's Goods: upon which I went after the Prisoner, and detain'd her; and sent for Mrs Green, and deliver'd the Goods to her.

Prisoner. I have sold China, and old Cloaths these 24 or 25 Years, and never sold any Thing yet, in my Life, which was not honestly come by.

Three Witnesses gave the Prisoner the Character of an honest, industrious, Pains-taking Woman. Guilty,4 s.10 d.

[Transportation. See summary.]

307. Thomas Green was indicted for stealing a Sail of a Boat, val.5 s. the Property of James Hughes ; June 19 . Acquitted .

308.309. Charles Miles of St. Lawrence Jewry was indicted for stealing 5 linnen Bed-quilts, val.3 l. and a Flander's Bed-tick, val.25 s. the Goods of John Watson the elder , and John Watson the younger , June 21 . And

Mary Thomas was indicted for receiving 2 Bed-quilts, knowing them to be stole .

Mr Watson. The Prisoner Miles was my Servant . On the 21st of June, one Mr Cripple came to me, and told me he believed my Servant had robb'd me, and if I would take up Grace Morgan, and Mary Thomas , I might hear of my Goods again. I took up Grace Morgan, and she told me she had sold a Quilt to one Lee, at Admiral Carter's Head, in Bartholomew Close, and 2 others to one Brown who keeps the Blue Anchor in Little Britain. I went to them, and they said they would return them to me again. Soon after this, the Man at the Stationers Arms, in Little Britain, came to me, and said he believed my Servant had robb'd me of a Tick, and if I would send my Servant to him, he should have it. I cast up my Stock of Ticks, and miss'd one, but I can't be positive that this was mine William Cripple the Constable went after the Prisoner Thomas, and she was tax'd with receiving the Quilts, knowing them to be stole. Then I came Home to Miles, who was detain'd in my House, and says I to him,- You're a pretty Fellow, to wrong me in this Manner,- I have found 3 Quilts; have you robb'd me of any more? He told me, he believed he had taken 5. The Prisoner Thomas, when she was going before my Lord Mayor, own'd she had receiv'd 2 Quilts, and if I would be quiet, and easy with her, I should have them again, for they were at the Pawnbroker's. I carry'd Miles and Thomas before my Lord Mayor; and he would have committed them to Newgate, but I desired they might be sent to the Counter; and as we were carrying them thither I desired the Constable to take Thomas to the Alehouse, to see if he could get out of her, where the Quilts were; he carry'd her into a House, and in about 2 Hours Tim, the Quilts were brought to me, by a Man, she (Thomas) told me she had sent for them to the Pawnbroker's, and that they were the same Quilts my Servant Miles had brought to her House. This Quilt I can't swear to; the other 4 I can. My Son is in Partnership with me, and the Goods are mine and his.

William Cripple . I had Information by Grace Margan , that a Fellow had brought several Quilts to her Mistress, and Mrs Thomas, and that the Gentleman who owned them liv'd in Guildhall Yard. I went to the Prosecutor, and he got a Warrant against the 3 Persons. We charged Miles first: then we took Morgan, and she confessed 3 Quilts, and I went with her to the Places where they had been disposed of. Then he went to Mrs Thomas's; and she own'd she had had 2 Quilts from Miles, and Miles confessed he had carried 2 to her. These are the 2 Quilts: They are sealed, that we might know them again. When my Lord-Mayor committed them, Thomas made a great Outcry, upon which Mr Watson desired they might only be committed to the Counter, because it would be easier for him to have Access to them there, than in Newgate. While we were going from my Lord-Mayor's, Thomas desired Mr Watson would be easy, and she would send for the 2 Quilts. Accordingly, we went into the Golden Fleece, and she sent a Man for them, and I saw them delivered to Mr Watson

Mr Watson . Thomas keeps a Gin shop, and sells Greens.

Mary Cripple . I have seen Miles come to Grace Morgan, and deliver Quilts to her several Times , but on what Account, I can't tell .

Samuel Smith confirmed Mr Cripple's Evidence ; adding, that Miles declared when he and Thomas were carried before my Lord-Mayor, that he had but 9 s . in Money from Thomas for the 2 Quilts , the rest he had in Liquors; but this was not said in Thomas's hearing .

Prisoner Miles . As far as I know,- this Woman here, and the other (Morgan) did induce me to do it. They both keep a Dram-Shop , and I was drinking there, and happened to do this .

Prisoner Thomas. Grace Morgan brought this young Man,(Miles) to my House, with 2 Quilts in her Lap, and desired my Servant to pawn them for her. She took them and pawned them , and gave him the Money: what it was, I cannot tell.

Ann Carnaby . Grace Morgan brought Miles to Mary Thomas and desired her to let me pawn 2 Quilts; she gave me the Quilts out of her Apron: I pawned them, and gave Miles the Money, and then they went away together. Mrs Thomas sells Gin, but Miles spent none of that Money there then.

Ann Eglington , Hannah Rowden , Ann Husband , Roger Barret , Joseph Belch , John Rowden , Thomas Brickhill , William Bowles , and Samuel Brook , gave Thomas a good Character. Miles guilty 39 s. Thomas acquitted .

[Transportation. See summary.]

310.+ Ann Harris , of St. Sepulchre's , was indicted for stealing 7 Yards and a half of Cambrick, val.34 s. the Goods of George Savage , in his Shop , June 3 .

George Savage. The Prisoner came to my Shop for a Piece of Cambrick, telling me it was for Mrs Webb; she desired to have a Piece at 3 s.6 d. a Yard,- the same sort with which I had served the Prisoner, for Mrs Webb, once before. I shewed her one Piece, but she did not like it; then I took 2 other Pieces out of a Box, and she said she liked the first Piece best. So I bid my Servant take the Book, and enter the Piece (which the Prisoner had chose) to Mrs Webb, and I went to the Compting-House, to make a Bill of Parcels. In the mean Time, my Servant put up the two Pieces which we had shewn the Prisoner, and one Piece was missing. I bid my Servant look carefull, over the Pieces, lest we should make a Mistake. He told them over, and still one Piece was missing. The Prisoner being gone out of the Shop, I bid my Man go to Mrs. Webb's and enquire after her, but Mrs. Webb said she had not sent her. Upon this I went to Mrs. Webb, and asked her where the Prisoner lived? She told me she did not know, and made some Words. Then I went to another Friend, and having got Directions, I found the Prisoner, and charged her with a Fraud for one Piece, and with stealing another. I told her Mrs. Webb denied her being sent for Cambrick by her, and the Prisoner immediately said,- then I am ruined and undone' I then asked her where the Piece of Cambrick was, which she said was for Mrs. Webb? She told me it was at the Pawnbroker's; I went according to her Direction and found it; and on Account of this Piece, I indicted her for a Fraud. But I am sure I missed one Piece beside; and I have had several People with me, who have offered me Money not to prosecute; but we are so pestered with these Shoplifters, that we are not able to stand in our Shops .

Prisoner. I bargained with him for one Piece at 27 Shillings.

Mr. Savage. Yes, for Mrs. Webb at the Crown-Tavern in Smithfield as she said. I accordingly delivered it to her, and she desired me if I went to Mrs. Webb's, to take no notice to any Body,- not even to her Daughter, for Mrs. Webb, she said, would be a Customer to me, but there were so many Drapers in the Field, that she could not.

Miles Wennington confirmed the Evidence of Mr Savage.

Mary Webb . I sent the Prisoner once to Mr Savage's for Cambrick, but not on the 3d of June. When I sent her, she paid for what she had. I have known her a pretty many Years; and believe she has been guilty of pawning things, but I imagine what she has pawned was returned again. I don't know of her ever having wronged me.

Mary Selby , Mary Gibson , and Jane Collier , never knew her guilty of Theft in their Lives. Acquitted .

311. Richard Cheshire was indicted for stealing a silver Spoon, val.11 s. the Goods of William Hunter . July 1 .

William Hunter. I keep the Crown-Inn in Holborn , and lost a silver Spoon last Wednesday was sevennight; and it being Term-time, we were very busy, so we did not miss it,'till 3 Days afterwards. The Prisoner used to clean Boots and Shoes, and I used to give him our broken Victuals: I did not suspect he had taken the Spoon, till he absconded, and left his Shop (that is, his Brushes and Blacking) in our Stable. Upon this I enquired after him, and a Poulterer in the Neighbourhood gave me Intelligence where to find him. As soon as I found him, I asked him why he did not come to our Inn, as usual? Why Master (says he) they say you have lost something, and that you'll put me in Goal. No, no, said I; I want to send you with a Horse to Rumford , so I took him with me, and shewed him the Fellow to the Spoon? I had lost, asking him if he knew that Spoon? Indeed Master say's he, I have not the Spoon. I asked him where it was? He told me he had sold it for 10 s. at the Silversmith's Shop at Holborn-Bridge. To the best of my Knowledge I gave 13 s.6 d. for it, as second Hand. He went with me, and shewed me the Shop; and told the Silversmith, he had given him 2 Half-crowns and five Shillings for it: but the Silversmith denied it, and would not let me see it, telling me he would sue me for making a Rout, and charging him for buying it.

Prisoner. Yes, Sir, I did own it.

Mr Hunter. The Prisoner is foolish; for I could not get a Constable the Day I took him, but he kept along with me, and I could not get rid of him all Day. I set a little Child of 6 Years old to look after him.'till I got an Officer, and he look'd more after the Child, than the Child after him. He own'd the Fact.

Prisoner. No, Sir,- no, Sir.

Mr Hunter. I have entrusted him several Times, with Half a Dozen Pair of Silver Spurs, and have bid him clean them cleverly, and he has brought them me again honestly. The Silversmith is to blame to buy such a Thing, of a poor Fellow without either Hat or Shoes. I believe 'tis his first Fact. Guilty 10 d.

[Whipping. See summary.]

312.+ Anne Price , of St Brides , was indicted for privately stealing a Guinea and 5 Farthings, from the Person of Samuel Davis , March 19 . But the Prosecutor not appearing the Prisoner was acquitted .

313. Mary Fitz was indicted for stealing a Linnen Sheet, val.14 d. the Goods of Rebecca Stuart , in a Lodging let to be used by her , and Nath. Fitz, her Husband. June 3 . Acquitted .

314. Mary Lutwich , alias Ludigate , of St Andrews Holborn , now the Wife of Daniel Anner , alias William Campbell , was indicted, for that she on the 2d of December, in the 10th Year of his Majesty's Reign, at the Parish of St Ann's Aldersgate, married Daniel Anner , alias William Campbell ; and afterwards, on the 17th of April, in the 12th of his present Majesty , at the Parish of St Brides , feloniously married John Woolfe , Esq ; her former Husband being then living .

The Counsel for the Prosecutor having opened the Cause, the Witnesses were called.

William Lake . I know Mary Anner , the Prisoner. She went by the Name of Lutwich, when I first knew her. She changed her Name, by marrying William Campbell . They were married at St Ann's Church near Aldersgate,4 Years ago, come December next.

Couns. Was you at the Wedding?

Lake. I was asked to go, by her, and her Spouse Campbell .

Couns. Who was the Clergyman that married them?

Lake . I can't say who he was, but they were married according to the Ceremonies of the Church of England.

Couns. There was another Ceremony to be performed after that: where did they go afterward?

Lake. To their own Home: We went from the Church to the Tavern,- to the Mourning Bush; but the Dinner was provided at my own House, which was very near her's: We were Neighbours together. I live at the Butcher's Arms in Chick-Lane , and she and I had been Neighbours together,3 or 4 Years, or more.

Couns. So they dined at your House in Chick-Lane?

Lake. Yes; and they continued there all Day, and then they went to their own Home; or to her Aunt's.

Couns. Did they live together afterwards?

Lake. I know of their living together a Week, or thereabouts; but I know nothing of the Husband now, nor whether he is living.

Couns. You say she lived with her Aunt.

Lake. No; I said she lay at her own House, or at her Aunt's; she and her Aunt lived next Door to one another.

Couns. Did you know the Man she was married to?

Lake. She was married to one Campbell , I never saw him till about a Fortnight before the Marriage .

Couns. What Hand had you in the Marriage?

Lake . No Hand ,- any farther than they asked me .

Couns . What Business was he of?( Campbell )

Lake. A Gentleman , I think; he appeared as such, and his Name was Campbell.

Couns . How soon after the Marriage was he taken up?

Lake . About a Fortnight after. I heard he was taken up for Felony, but I don't know where he was carried .

Couns . Was it not reported that he was carried to Scotland ?

Lake . Not as I know of.

Couns. What Age was she of, when she was married?

Lake. I don't know.

Couns . Was she registered in the Church?

Lake . Yes; and you'll find the Register-Book in the Court.

Couns. Did they afterwards live together?

Lake. I cannot tell ; they moved out of the Place where they were, in about a Week's Time. but I do not know where they took a House afterwards. It was said, they went to live in Salisbury-Court , but I do not know it myself.

Couns. When did you see him (Campbell) last?

Lake. I saw him about three Years ago. I have not seen him since; nor do I know any thing of him, any more than you do.

Q. Where do you live now?

Lake. At the Butchers-Arms in Chick-Lane, where I did then.

Couns. How came you acquainted with his Woman?

Lake. Her Father and Mother and she, lived in the Neighbourhood (in Chick-Lane .) Her Father was a Shoemaker; but he and she were both dead before she was married.

Thomas Reynolds . This is the Register-Book of St Ann's Aldersgate:

Couns. See if you find a Marriage between William Campbell and Mary Lutwich ?

Reynolds. The Marriages are by themselves in this Book.[The Book was produced, and the Entry read.]'' December 2,1736. William Campbell '' of St Margaret's Westminster , Widower, and '' Mary Leodwodge of St Andrew's Holborn, Spinster,'' with Licence, per Matthias Symson .''

Reynolds. That was the Curate, who married them. I was not Clerk then, but I am now: and the Register is always kept in the Clerk's Hands. I know he was then Curate, tho' I was not then Clerk. I know nothing of the Parties who were married.

Mary Crosier . I really think I know this Lady, and that she was married at our House. This is the Lady. I remember her being married ; I think I do, and I am sure of it.

Couns. Was you in the Room when they were married?

Mrs Crosier. I cannot say I was in the Room when they were married; but my Husband was. I took particular Notice of her, before she was married.

Couns. Then she was married .

Mrs Crosier. She was married to one Mr Woolfe at our House,- the Hoop and Bunch of Grapes, near Holborn-Bridge: But I was not in the Room, when she was married, though I was up in the Room several Times with the Lady, and carried 3 or 4 Half-pints of Wine.

Couns. This was a publick House, was it not?

Mrs Crosier. Yes; but we sell nothing but Wine and Tobacco.

Couns. Did you ever see her before?

Mrs Crosier. No; but I took a great deal of Notice of her.

Couns. Have you ever seen her since?

Mrs Crosier. Not to my Knowledge: but I can swear to her Face, because I took such a particular deal of Notice of her.

Couns. How long ago was this?

Mrs Crosier. I think it was in February was Twelvemonth.- I cannot tell how long ago it is, since the Lady was married: but it is very seldom that such agreeable Faces come to us, and that made me remark her Face.

Couns. You have a great many Wedding, in a Day at your House, I suppose.

Mrs Crosier. Yes, we have had many a Score, in a Year.

Couns. And many a Hundred,-

Mrs Crosier. Yes,- I cannot tell.

Couns. Have not you a Wedding a Day, all the Year through?

Mrs Crosier. I cannot tell.

Couns. I suppose she was not in the same Dress, when she was married at your House, that she is in now?

Mrs Crosier. No; she was then in a green Gown, and her Head was not dressed as it is now. Indeed I am positive to her, and am certain she is the Lady, for I never remarked any Person more,- the Agreeableness of the Lady made me remark her, though to be sure we have many agreeable Persons married at our House.

John Crosier , There was one Mary Campbell married to John Woolfe , at our House, but to swear to the Lady, I cannot.

Couns. Can you swear it was the same Lady your Wife saw?

Mr Crosier. I cannot say that. I knew Mr Woolfe before; and I know he was married to a Woman by that Name, the 17th of July was Twelvemonth. I can't be positive it was last July was Twelvemonth, or last July, but here is the Book; the Minister put it down.

Couns. Whose Hand-writing was it?

Mr Crosier.'Tis not my own,(The Count would not allow the Book to be read, it being a Fleet Register.) To the best of my Remembrance, it was about this time 2 Years.

Couns. Why your wife said it was in February .

Mr Crosier. She said, she believed it was in February.'Tis as it was set down in the Book , by the Man; and on my Oath, there has been no Alteration in the Book, I knew Mr Woolfe before; he came with a Lady, and was married to her, according to the Ceremonies of the Church of England. I saw him married; and Mr Woolfe asked me to give her away; I gave her away; and one Mr Dave married them .

Couns. Did you ever see the Woman before?

Mr Crosier. Not as I know of .

Couns. Is the Woman that stands there , the Person that Mr Woolfe was married to?

Mr Crosier. I can't tell. She was married in the Name of Mary Campbell , Widow .

Couns. Do you know any thing of Mr Woolfe ?

Mr Crosier. I have seen him at the Custom-House divers Times.

Couns. Have not you heard that he was dead?

Mr Crosier. No, I have not . I have heard he was at Newfoundland.

Sam. Duckworth was sworn , and ask'd, if he knew Daniel Anner , otherwise Campbell.

Duck worth . I knew one Campbell ; he was a Widower, as far as I know .

Couns. Is he living or dead?

Duck worth. I can't tell . I have not seen him upwards of a Year . About a Year ago, I saw him in Fleet-street . I knew him, when he was married to this Gentlewoman. I was at the Marriage .

Couns. The Gentleman that you say you saw married to that Gentlewoman , when did you see him last?

Duckworth . About a Twelvemonth ago, as nigh as I can guess; I was with him in Fleet-street; and drank 2 Pints of Beer with him there, at the Magpye and Horse-shoe.

Couns. I think you lived in Wych-Street. What Time did you leave your House there?

Duckworth Last Michaelmas . It was before that Time, I saw him, but I won't say how long.- It was about a Twelvemonth ago. I had known him about a fortnight before .

Couns. Are not you a Relation to him?

Duckworth . No; I am to the Gentlewoman.

Couns. Did not you make up this worshipful Match?

Duckworth. No. I did not, though I might be at the Marriage .

Couns. Pray what was this Campbell?

Duckworth. He was a Man: I don't know what he was.

Couns. How old was she when she married him?

Duckworth. I can't tell.

Couns. Was she a Dozen or 13 Years old?

Duckworth. You talk wide. She does not look like a Person of that Age - I know nothing of her Age. I married her Aunt, and was her next Neighbour: We both lived under one Roof.

Couns. How long did Campbell live with her?

Duckworth. About a Week, or 8 Days. What became of him afterwards I don't know.

Couns. Did not he go to Scotland?

Duckworth. I can't tell. They were parted, as she said; but I know not where he went. She would not live with him, the Reason I don't know.

Couns. What Business was he?

Duckworth. I don't know: He appear'd seemingly, a Gentleman. He was a Scotchman.

Couns. Did not you hear he was sent into his own Country for a Misdemeanour?

Duckworth. No, never in my Life. The last Time I saw him, was about Twelvemonth ago. I can't tell exactly the Day;- when I meet a Person upon the Road, I don't take particular Notice of the Time I meet him; nor did I take particular Notice of the Time I met Him. I am sure it was in the last Summer Season. I have not seen her, upwards of 2 Years, nor do I know any thing of her marrying Mr Woolfe .

Prisoner. I was with him but 3 Days, and never saw him since. I heard he was dead. I heard he died in Scotland. He was taken from me, and I heard that he died there.

Couns. to Mrs Crosier . Have you ever had any Discourse with the Lady, about this Marriage with Mr Woolfe?

Mrs Crosier. No. I never had.

Couns. Did you know Mr Woolfe?

Mrs Crosier. No: nor did I know his Christian Name.

The Second Marriage not being sufficiently proved, the Prisoner was acquitted .

315. James Waldron , of St Lawrence Jewry , was indicted for stealing a Pair of turn'd Leather Pumps, val.10 d. the Goods of John Hose , June 28 .

Mr Hose . Last Saturday was se'nnight, about half an Hour after 8 at Night, I had a Customer or two in my Shop,(I live in Cheapside ) and a little Girl cry'd out - Mr Hose, a Man has got a Pair of Pumps. I being lame, could not run after him; but my People pursued him, and took him in Bow Church Yard, and told me he had dropped the Pumps, by the Corner of the Church Yard. When he was brought to my Shop, he fell down on his Knees, begg'd Mercy, and desired I would let the People pump him.

Prisoner. I know nothing of the Pumps; I touch'd no Pumps.

Cornelia Harrison , Sarah Smallwood , and Roger Lewis , never knew him do such a Thing in their Lives. The Jury acquitted him.

316.+ Rebecca Ladiman was indicted for privately stealing a silver Watch val.3 l. a Silver Chain, val.5 s. a Silver Knee-Buckle, val.3 s. and 3 s. in Money, from the Person of Patrick Houston , June 14 .

Houston. She carried away my Watch and Chain the 14th of June last. I happen'd to be taken in Liquor that Night, and this Woman met me in Rosemary Lane , and carried me - I can't tell where. She told me she'd carry me to a good Lodging; and when she had got me there, she stripped me of all. I afterwards got Intelligence of my Things, by her, and by others, whom she had employed to sell them. My Watch this Gentleman has in Custody now, but I had it in my Fob, before I missed it. As to the House - I can't tell what House it was,- for I was so drunk. that I don't know where I went with her. I lost my Watch, and there was a Silver Chain to the Watch; and I lost a Silver Knee-buckle besides, and 2 Silk Handkerchiefs, and about 7 s.6 d. in Money; and several other little, small trifling Things, not worth mentioning; but I neither know where I lost them, nor where she carried me. I was in no Company but her's,- as I know of And she was the Person that offered to sell my Watch and this Man was so good as to stop it.

Prisoner. Do you know who you was in Company with?

Houston . I neither know where I was, nor who I was in Company with,- I can't tell where I was when I found my Senses;'Twas somewhere about Rosemary Lane, but I can't tell the Name of the House, nor the Name of the Street, but I know I was in no Bed that Night.

Thomas Warner . On the 13th of June an old Woman brought this Watch to my House,- I forget her Name; but she was bound over to appear here,- I asked the Old Woman some Questions about it, which she not answering to my Satisfaction, I told her I must stop it, till I found the Owner. She told me, she would bring the Owner to me presently, and so she stepped to the Prisoner (who stood about 3 or 4 Doors off) and brought her to me. I asked her, How she came by the Watch? And she told me, her Brother gave it her. This was the 13th of June, and on the 14th she was committed.

Prisoner. The Prosecutor gave it me for lodging with me.

Houston. It was Friday the 13th of June,- in the night-time, when I was in Company with the Prisoner.

Warner. It was on Friday she brought the Watch to me. This is the Watch; it was brought to me without a Chain.

Houston . This is mine: I know it by the Man's Name who made it.

Warner . The next Day the Prosecutor came to me, and said, he was informed I had stopped the Watch. I asked him if he could find out the Prisoner; if he could,(I told him) I would go before a Justice, and he should have the Watch. The next Day he produced the Prisoner, and Justice Dennet bound him and me, and the Old Woman over to appear against the Prisoner.

Prisoner. He pick'd me up one Night, as I was going Home; He was drunk, and I was not very sober. He asked me, if I had a Room to go to? I told him Yes; then he said, he would go home with me, and when he came there, he laid himself down upon the Bed. Then I asked him to give me a Pot of Beer; He gave me 6 d. to fetch the Beer, and I gave him the Change. After this, he gave me 6 d. and then he gave me his Watch; I put it into his Hand again, but he forced me twice to have it. Acquitted .

317.+ Susannah Bramah , of St George's Hanover-Square , was indicted for stealing 6 Diaper Clouts, val.3 s.6 Diaper Napkins, val.4 s.2 Pair of Silk Stockings, val.4 s. a Pair of Worsted ditto, val.12 d.3 India Fans, val.1 s.3 Pieces of Silver Lace, val.4 s.2 Gold Rings, val.14 s.2 ditto set with Stones, val.23 s.6 d.2 Pieces of Foreign Coin, val.1 s.12 Guineas, and 16 s.4 d. in Money, the Property of Peter Dupuis deceased, in his Dwelling-house , May 27 .

A Witness. I took the Prisoner, and the things mentioned in the Indictment were found upon her - in her Boxes. They were the Property of Mr Dupuis, who is since * dead. When the Prisoner was before the Justice, she owned that she stole them from the Gentleman, and that they were his Goods. This is her Confession. The Confession was read, the Substance of which was, That she was a Servant to Mr Dupuis, Coffee-man in Conduit-Street : That she quitted her Service the 4th of May, and for a fortnight before that Time, had taken Opportunities to steal Napkins, Silk Stockings. Worsted Stockings, Fans, Sugar, Wine,&c. And one Time, finding the Flap and Drawer of a Bureau open, in which was contain'd Gold and Silver Coin, she took out 12 Guineas,5 Crown Pieces, and several other Pieces of Silver Coin, and 4 Gold Rings. She farther confessed, that she made this Confession freely and voluntarily, and without any Menaces or Threatnings; and farther she said not.

* The Prisoner was committed on the 7th of June, her Master (who had been some time disordered in his Senses) killed himself on the 9th of June, by ripping open his Belly.

The Confession was taken the 7th of June 1740, and the Prisoner was committed by Sir Edward Hill.

Prisoner. What I had, was given me by my Master; and as to the Confession, I never was in any Trouble before, and I was frighted, and they set down what they thought proper.

The former Witness. Her Master charged her with stealing 35 Guineas. The Prisoner owned 12, and 9 Guineas and a Half were found upon her, and 5 Crown Pieces.

A Witness. I have known the Prisoner a pretty while, and I never heard any thing like this of her, in my Life before. Guilty , Death .

318. + Elizabeth Mason , of St Martin's in the Fields , was indicted for stealing 6 Guineas, the Money of Richard Rivers , in his Dwelling-house , July 4 .

Mr Rivers . On the Day mentioned in the Indictment, I sent the Prisoner to fetch some Cloaths out of my Chest , that I might shift myself, and then I sent her to put up the foul ones. I did not then imagine she had took any thing out of the Chest, so I went to Cbelsea , and did not come home till 11 o'Clock at Night. Then my Wife told me, she missed the Money, and in order to fright the Prisoner, she charged me with taking it. Well, says I, we'd go up to the Chest and look for it ;- but I did not take it. Accordingly , we search'd in the Chest, but could not find it. Then we look'd for it in the Prisoner's Room and could see nothing of it. Why the Girl must have it, says I, and I will send for a Constable, and she shall go to the Round-House. Upon this the Prisoner confessed she took the Money, and had hid it in the Cellar; and she went down into the Cellar, and fetch'd it. I had all the Money again but 26 s. which she had paid , to fetch her Gold Necklace out of Pawn . This is the Necklace. I have it, and 4 Guineas and a half, and 3 s.6 d. of my Money again. The Money and the Necklace were wrapped up, and hid under a Butt in the Cellar. She's very young, and I beg you would be as easy with her as you can. Guilty,39 s.

[Transportation. See summary.]

319. Stephen Saunders was indicted for stealing 2 Pistols, val.10 s. and 2 Pair of Leather Shoes, val.5 s. the Goods of John Willis , June 21 .

[Mr Willis being one of the Middlesex Jury, Mr John Preston was sworn (upon this Trial) in his stead.]

Mr Willis. Those Pistols, and Shoes, I swear to be mine: I lost them the 21st of June, and hearing afterwards that a Thief was taken, I ask'd, if any Shoes were found upon him? I heard there was; and when I went to see the Shoes, I saw the Pistols in the Constable's Hands, and knew them to be mine.

John Pitham . Some time ago the Prisoner hired a Horse of me, and there being a Dispute between us, about 10 s. for Horse-hire, I sent a dunning Lawyer to him, to make a Demand for the same, and after this he absconded from his Lodging. But on the 21st of June, he came to my House, and asked my Wife where I was? I happened to be in the Stable; and the Prisoner came to me, with these Pistols in the inside of his Coat, one on each Side ( in his Bosom , concealed under his Coat.) Well Friend, says I, what do you want with me? I tell you,(said he) your Lawyer and you, may wipe your A - s with the Writs,- D - mn you, I'll do for you. What will you do!- G - d d - mn you, I'll blow your Brains out - and out he pulled a cock'd Pistol, and presented it to my Breast. I told him, if I could not secure him by a Writ, I would send him to Goal for this, and I attempted to lay hold of him; but he fell back, and swore he would blow my Brains out, if I drew near him. But I seized him by the Collar, and got his Pistol. He denied his having any more about him, yet upon searching him, we found the other Pistol, and the Shoes, a Child's Frock, a Woman's Smock, and 3 Handkerchiefs. All which were taken out of his Pockets.

Thomas Mear confirmed the former Witness.

Prisoner. I bought the Pistols, and the 2 Pair of Shoes; and being in Liquor, I came to Mr Pilham's House. If I had stole them, to be sure, I should not have come so near Mr Willis's House; for Mr Pitham and he live just by one another. And neither of the Pistols were charged when they took them.

Mr Pitham. But here are 4 Bullets, and several Parcels of Powder which were found in the Prisoner's Lodging.

A Witness. The Prisoner was a very honest Man, as far as I know,- I have nothing more to say. Guilty .

[Transportation. See summary.]

320. Ann Lee , of St Andrew's Holborn , was indicted for stealing a Gown made of Silk and Wollen, val.2 s. and a stuff Petticoat, val.2 s. the Goods of Thomas Fox , June 25 .

The Prosecutor not appearing, the Prisoner was acquitted .

321. Susannah Devinoy , alias Devenes , of St Andrew's Holborn , was indicted for stealing a Dimitty Gown, val.6 d. a Linnen Shift, val.10 s. a Linnen Apron, val.8 d.2 Muslin laced ditto. val.7 s. and several other Things, the Goods of Catherine Claxton , in the Dwelling-House of Thomas May , March 17 . Guilty 4 s.10 d.

[Transportation. See summary.]

322.+ John Foster (a Chimney Sweeper ) was indicted for that he not having God before his Eyes,&c. in the Parish of St Giles's Cripplegate , June 25 , in and upon Margaret Shovel , otherwise Garret , did make an Assault; and with a certain Hair-Broom, val.1 d. which he, the said Foster, had and held in both his Hands, her the said Margaret with the Hair-Broom did strike and beat, giving her on the right side of the Head a mortal contused Wound, of which she languished from the said 25th of June to the 1st of July, and then died .

He was a second time charged by Virtue of the Coroner's Inquisition for the said Murder.

Ann Vawdrey . The Prisoner lived in Golden-Lane, in Coxhead-Court , in a House there up two Pair of Stairs. The Prisoner and his Wife, and the Woman who lodged there, had been drinking in the Lodger's Room, and being all very much in Drink, they all 3 fell fast asleep on the Floor. The deceas'd used to borrow Money of the Woman that owned the Room, to go to Market with, and having borrowed 10 d. of her, she came last Wednesday was a seven-night to pay her: and she brought in some Onions and Cucumbers, and such Things as she used to sell, in her Basket with her. She asked me to help her to make two Bunches into three; and while I was doing it, the Prisoner who had been fast asleep upon the Floor, got up upon his Knees, and said to me,- Pray Vawdrey lend me the Chamber-Pot, to make Water. I gave him the Pot, and the deceas'd said to me,- How can you lend such a black-guard Fellow the Chamber-Pot, when you have had better to wipe your Shoes. But I had lent it him, and thought he was setting it down under the Bed,- for there was a Bed in the Room, tho' they all lay on the Ground: and when he had put the Pot under the Bed, he took up the Broom and struck the deceased (with the but-end) upon the Head. Lord, Foster, said she,- I believe you have murdered me. He set the Pot down first; and I thought he was going to lay himself down again, but as soon as he had set down the Pot. he took up the Broom, and hit her over the Head,- on the right side of the top of the Head; and she immediately cried out, Lord have Mercy, I believe you have been my Butcher! And then he up with the other end of the Broom (the Handle) and hit her again on one of her Shoulders, I am not positive, whether the Blow was on her right Shoulder or her left. He struck first with the but-end of the Broom on the Head, and afterwards on the shoulder with the other end. The Blow on the Head was a violent one; it proved so; and I saw the Blood run. She lived 5 Days after it, but the 2d Day she had such Fits that no body could hold her. She had 6 Fits one after another, and 'tis my Opinion she died of the Wound. She went to one Surgeon, and to another, but they would not meddle with it,- They said it would be her Death's Wound: at last she was got in St Bartholomew's Hospital.

Prisoner. I ask her who was in the Room, and whether she did not hit me 2 Slaps in the Face, and take up the Broom, and say she would dash my Brains out?

Vawdrey. There were in the Room with the Prisoner, the Deceased, his Wife, the Woman of the House, myself, and the Prisoner's Child about 5 Years old. The deceas'd never touched him; I am sure of it.

Prisoner. Had not the deceas'd a Broom in her Hand?

Vawdrey. No; I am sure she had not.

Prisoner. Ask her if she did not say before Sir John Thompson , that the deceas'd had the Broom in her Hand, and hit me two Slaps on the Face?

Vawdrey. No; I declared before the Alderman, as I have done now: I made no such declaration as the Prisoner says I did.

Ann Foster . I did not see the Fact committed, but the deceas'd was my Sister; and she knocked at my Door at 6 o'Clock in the Morning, and I asked her, what was the Matter? She asked me if my Husband was at home?- I told her no, he was gone out to work. As soon as I had opened the Door, she told me she had got her Death's-Wound. I said, I hoped not, and asked her, by whom she got it. She told me, by a Chimney-Sweeper in Golden-Lane, and that he had done it with a Broom. I went with her thither, and she shewed me the Room it was done in, and the Broom, and Prisoner's Wife. I desired her to apply to the Church-Wardens, and they got her into the Hospital. The Thing was done on the Wednesday, and on the Saturday following she was got into the Hospital; but the Wound had been dressed before she went thither. I never was in the Prisoner's Room, till she carried me thither, and shewed me the Woman (Vawdrey) who saw it done.

Samuel Lee . The deceas'd came to me, about an Hour after the mortal Wound was given by the Prisoner;'twas about 6 o'Clock, and I was abed. For Christ's sake, said she, get up, and go with me to a Surgeon, for Foster has given me my Death's wound! I hope not, says I; she said, yes he had, and the Blood ran all about her Head. The deceas'd lived in the same House where I live,- here are 3 of her Caps;[they were all very bloody] and she told me John Foster, had done it with the Hair-Broom.

Vawdry. The Woman's Name that lodged in the Room, is Storey; but she has moved away from thence, on this Account, for fear she should come into Trouble.

The Coroner, I enquired after her, and could hear nothing of her .

Mr Manaton (Surgeon) I saw the deceas'd on Saturday, between 11 and 12. On the right side of the Head, was a large Wound, quite to the Scull, an Inch in Length. Upon examination, I found the Scull fractured, about the Breadth of half a Crown; and depressed about half an Inch upon the Brain: and on trepanning her, and moving the fractured Parts of the Scull, I found the Membranes of the Brain wounded, and some small Portion of the Brain oozed from thence, about the Bigness of a Pea. She was at that Time, to admiration, sensible. The Accident happened on Wednesday, and this was on the Saturday following; and there had been nothing more than a small piece of Lint applied to it. She lived to the Tuesday following; then she died; and without doubt, the Wound was the Occasion of her Death. I did not observe any Bruise on her Shoulder, nor was it represented to me, that she had any. She told me she had had Vomitings, and Fits, but she had none of them, during the Time I attended her. I asked her how the Accident happened? and she said she was wounded by a Chimney-Sweeper, with a Hair-Broom, and represented the Thing to me, so strongly, that I had a perfect Idea of the Instrument, with which the Wound was given: and she farther said, it was done without Provocation.

Vawdrey. I am positive she cried out, Lord have Mercy, you have been my Butcher, before the Prisoner hit her the second Blow, but that was not violent, I believe.

Foster, the deceased's sister. The deceased's Maiden-Name was Shovel : She afterwards married Capt. Garret's Son, but he was taken up, for having two Wives. Guilty , Death .

323.+ Margaret Chandler was indicted for privately stealing 11 s. from the Person of Richard Booth .

Rich. Booth. My young Master sent me to Highgate, to see how my old Master did, who was not well there, and it was late before I returned to Town. It was 12 o'Clock at Night as I came along Cheapside ; and there this Woman (the Prisoner) stood with another Woman, between the Posts and the Houses, and they laid hold of me, and asked me, Whether I would have a Dram. I said no, I never drank any. But they held me very close, and asked me for some Half-pence; for they said they could drink if I could not. And while they held me so fast, they picked my Pocket of 11 s. They held my Arms down while they did it, and I could not get loose from them, I am sure I had my Money in my Pocket not half an Hour before; for I called at a House as I came along, and had a Pint of Beer, and changed some Money for my Beer, and my Money was then right in my Pocket; but I missed it in a Minute after they had been with me. It was in this Breeches Pocket, and while they held down my Arms, I perceived the Prisoner drawing it from me, and I caught hold of her Arm, while she had it in her Hand. I know she had it right well.- I knew her before this Day. She had it all in her Right-hand,- eleven Shillings, and I had hold of her Arm all the Time; and I saw her deliver it to the other Woman who was with her, and then I called the Watch; and as soon as the Watch came nigh us, then the Prisoner let the other Woman go away with my Money, down Honey Lane Market, and I never saw her since; but I kept fast hold of the Prisoner, and took her before the Constable, and he sent us both to the Compter,- the Constable at Ludgate sent us thither, and we were there from 3 o'Clock on Sunday Morning, to Monday Noon, and then we went to Guildhall, where I charged her with the Fact, and took my Oath on't too. She had nothing to say for herself,- she could not; but she denied it, and could not say any thing for crying. When they took my Money, they held me so close, that I was afraid of my Cloaths, as well as my Money; for I thought they would have tore them off my Back,- one pulled one Way, and the other pulled t'other Way so.

Prisoner. What Time was it you met me? and what did I say to you?

Booth. Lord, forgive you,- you asked me to drink a Dram, and I said, I did not drink 3 Drams in a 12 Month.

Defence. I had been at Billingsgate to buy Mackarel, and having sold them all but 5, I carried those 5 to my Grandmother ; and as I was coming from thence up Cheapside, the Man met me, and asked me to drink a Dram; he tore me about, and at last I drank a Dram, and then I went away; but he followed me, and swore this against me, because I would not do as he would have me.

Booth. What she says is false, for I did not drink a Dram all that Day; I don't drink 3 in a twelvemonth,- I can't drink Gin. The Constable who took Charge of her, lives in Butcher-Hall Lane, he knows me and my Master, but I did not think of bringing him here.

Elizabeth Kingson , Elizabeth Underwood , Mary Horn , James Lake, and Elizabeth Stephenson gave the Prisoner the Character of an honest Body. Acquitted .

324.325.+ Tobias Isaacs , and Rachael Isaacs alias Rachael Jacobs , of St Catherine Creechurch , were indicted for stealing 8 Yards of Silver Netting for a Gown and Petticoat, val.20 l. a Gold Tissue Waistcoat, val.40 s. a Gold Repeating Watch, val.20 l. a Gold Equipage, val.30 l. a Gold Ring, a Pair of Silver Snuffers, a Silver Tea Kettle and Lamp,2 Pair of Silver Candlesticks , a Silver Pint Mug,5 Silver Spoons, a 12 Silver Handle Forks,6 Silver Tea Spoons, a Silver Tea-strainer, a Diamond Necklace and Ear-Rings and several other Things of great value, the Goods of Moses Demattos , in his Dwelling-house , June 16 .

Mr Demattos. On the 16th of June, upon looking over my Trunk, I found my Silver, Gold, Jewels, Linnen, Laces,&c. lost. I charged the Prisoner Rachael (who had been my Servant 4 Years) with the Fact: She deny'd it, but after a long Examination, she delivered me my Jewels back again, and upon my asking her for the rest of the Things, she told me, they were all very safe, and I should have them again, in an Hour, provided I would let her go for them, and send no body with her. I was willing to have my Goods again, and desirous to know who was concerned with her, therefore I let her go; but I sent a Man to follow her, and to watch where she went. The Man return'd in Half an Hour, and told me she was gone to an Inn, in Leaden-hall-street; I went thither, but Rachael was gone from thence, and I heard no more of her till the 19th, and then I heard she was taken, and carried before Col. De Veil with the Goods; that he had committed her to Newgate, and desired me to wait upon him the next Morning, that I might see the Goods. Accordingly I went thither between 10 and 11 o'Clock, and found the other Prisoner Tobias Isaacs. He had carried a Ring of mine to a Goldsmith, to be stretch'd for him, to fit his Finger, and the Goldsmith gave me notice of it; and he, not being able to give any Account how he came by it, was committed to New Prison. The Monday following he was examined again, and would give no Account where he had it. These are the Goods. These Jewels, these 3 Gold Rings, this Diamond Necklace, this Gold Necklace, and Gold Medal, were deliver'd me by the Prisoner Rachael, and are Part of that I lost. They were in a Trunk, in my best Room, up one Pair of Stairs; and there was 2 Locks upon the Trunk, neither of which were broke. I suppose I left the Key of my Compting-House in the Door,(my Bunch of Keys being kept there) and I imagine , she took them out, and opened the Trunk with my own Keys. I saw the Goods in the Trunk between 2 and 3 Months before I missed them; and when I taxed her with taking them, she deny'd it with Earnestness for 2 Hours, but upon my promising to be a Friend to her, and that I would not hurt it, she confessed -*

* The Prosecutor was not allowed to proceed; and another Witness afterwards offering to give an Account of what she had confessed to him, was likewise stopped; because a Confession obtained on a Promise of Friendship, or by false Insinuations (which was the latter Case) ought not to be given in Evidence against a Prisoner.

Robert Rhodes . This Ring I found amongst the rest of the Goods.

Mr Demattos.'Tis mine, and has my Name in it. This Waistcoat is mine; this Silver Lamp, and all these Things are mine.

Mr Rhodes. I found these Goods by a Search Warrant, granted by my Lord Mayor, and backed by Colonel De Veil, at a Lodging taken for the Prisoner Rachael, at Mr Latham's, by a few Woman, who sells Anchovies about the Streets. This Woman told me she believed the Goods were at this Lodging, and she shew'd me the House; but the Prisoner Rachael being gone out, we asked the Woman of the House, if any Goods had been brought there? She told us, that a Trunk had been brought there, the Night before; we seized it, and found all these Things in it. After this, we went with the Anchovy Woman in search of the Prisoner Rachael ; she carried us to Tower street, and there she called her out of a House to us, and I took her, and told her she was my Prisoner. She would not go with me till I shew'd her my Staff, and then she came along quietly, and we took her before the Justice, who examined her; and that Night she said, she knew nothing of the Robbery, but alledg'd, that the other Prisoner (Tobias Isaacs) brought the Goods to her: He was not with us at that Time?

Prisoner Rachael, Ask my Master if he can swear I took them?

Mr Demattos. I don't swear she took them: I swear she delivered me the Diamonds. The Prisoner ( Tobias ) is married to Rachael, and he used to come to her, till about 6 Months ago; but he frequently beat her so miserably, that I forbid him my House, and I have not seen him for 6 Months; tho' I have heard he has been there within that Time.

Richard Latham . I know both the Prisoners. On Tuesday the 17th of last Month, a Jew Woman, who serves me with Anchovies and Pickles, brought the Prisoner Rachael to my House, and told me she was distressed for a Lodging, and desired my Wife to let her lie a Night or two at our House. She told us, the Prisoner had been lock'd up in a Room by her Husband, and that she had got through a Window, for fear of being murder'd by him. My Wife was sorry for her, and gave her leave to lie with my Mother; and the next Day, the Prisoner Tobias, and another Man, brought the Trunk to our House,- who that other Man was, I cannot tell. When the Constable came to my House; I happened to be at home: He said a Robbery had been committed, and I know there were several Parcels of Plate found in the Trunk, but I can't be particular to any one Thing, because I keep a Shop, and was out and in several Times. I believe I saw this Waistcoat taken out of it. I knew nothing of the Prisoner Rachael , before the Anchovy Woman brought her to our House, and after this, she fetch'd Tobias to her, and told me he was her Brother; she said, perhaps he could not come with her just then, therefore she desired me to give her a Direction in Writing how to find my House.

William Winne . The Prisoner Tobias brought this Ring to my Shop, to be stretched for him, and I knew it to be Mr Demattos's. I know nothing of the Woman Prisoner.

Jacob Isaacs . I was Constable, and found the Goods at Latham's House; I know nothing else.

Prisoner Tobias. Mr Demattos knows I was divorced from my Wife, and he sent to our Minister to know if it was a right Divorcement.

Prisoner Rachael . The Goods were taken out of my Master's House, by the Woman that sells Anchovies, and she carried them to Jacob Isaac 's House; and when my Master gave me leave to go and see for them, I went thither, and he told me they were carried to Mr Latham's .

Mr Demattos. The Goods which Rachael herself delivered me back again, are worth about one hundred Pounds.

- Lopez . I was the Person that Mr Demattos sent after Rachael, when she went to look after the Goods. I dodged her, to see if I could discover where she went, or find any of her Gang; and I saw the Anchovy Woman come to her first, and afterwards Jacob Isaacs: upon which I went back and gave Mr Demattos notice, but when we returned the Women were both gone.

Mr Demattos. I have heard that the Anchovy Woman used to come to my House; and if I was to see her, I believe I should know her.

One Witness for Rachael deposed that he had known her 20 or 22 Years; he never had had any Dealings with her, but took her to be an honest Woman. Two others deposed much to the same purpose.

Phineas Elias knew her when she lived in Mr Salvadore's Family: he deposed, that she had lived there 3 Years very honestly.

Two Jew Women deposed they had known her some Time, and never heard any Harm of her.

Mr Salvadore deposed she had lived with him, at twice, near 6 Years, and that nothing was missing, during that Time.

Mr Demattos. The Jewels were concealed in a Hair-Cap in the Trunk; she took them out, and gave them to me.

Tobias acquitted . Rachael, Guilty, Death . The Prosecutor recommended her to the Court for Mercy .

326. Solomon Isaacs was indicted for stealing 3 Dozen of horn spring clasp Knives, val.4 s. the Goods of Benjamin Horrocks , Samuel Hughes , and John Saint . May 30 .

John Saint. On Friday the 30th of May last, the Prisoner came to our Shop in Birchen-Lane , and asked to see several sorts of Goods. I shewed him some, but by his Method of looking at them, I imagined he did not want to buy any, therefore I kept an Eye on him. And after he had looked out several sorts of Goods, he slipped a Paper of Pen-knives under his Coat, and told me he would just step cross the Street, and fetch some body to pay for what he had looked out. I asked him what he had got? he told me,- nothing belonging to me, and immediately run out of the Shop. I was not able to take him myself; but I called out to the next Witness to stop him; he took him, and these are the Goods I saw him slip under his Coat.

Giles Winkworth . On Friday the 30th of May, the Prisoner ran by me, and Mr Saint called out to me to stop him; I stopped him, and he got away from me; but perceiving a Parcel to drop from him, I ran after him again, and took him, and brought him to Mr Saint. I don't remember what he said, in particular, when he was taken.

Mr Saint. These are the Goods he stole out of my Shop.

Thomas Church . I was Constable, and heard the Prisoner confess he took the Goods, before my Lord-Mayor.

Prisoner. I went to the Shop and looked out 20 Shillings-worth of Goods for a Man that goes over Sea, which I laid by. Then I looked out these for myself, and asked the Gentleman if he had any Body to send home with me for the Money, for it was almost 7 o'Clock, and we Jews don't touch Money after our Sabbath is begun: but the Gentleman told me, he would let me carry them home, and I might bring him the Money. So I went away, and a Man followed me and bid me come back. What must I come back for says I? I am going to fetch a Man to pay for the Goods I have looked out: and as I was going to fetch him, the Parcel I had bought for myself dropped through a Hole I had in my Pocket, and they said I had stole them.

Jacob Isaacs . I have known him 4 or 5 Years: I keep a Shop and he fetches his Necessaries from thence. and paid me very honestly.

Moses Solomon . I have known him 5 or 6 Years, and have had Dealings with him for several Pounds. He always dealt honestly by me, and I never heard any harm of him.

Samuel Levy . I keep a Chandler's Shop, the Prisoner has been often in it, and I never missed any thing.

Joseph Isaacs . I travel with him in the Country, and have gone with a Licence these 12 Years. I trusted him with my Goods, and never lost any Thing.

Sarah Elias . I travel the Countries 28 Years; I meet him very often: I lie in the best Inns, where things lie about, and he lies with me, and I never lose any thing. He lies in the same Inn with me, where the Silver and the Gold are about, and they lose nothing.

- Isaacs, a Jew Woman. I went to the Gentleman's House, because the Prisoner was Acquaintance with me, many Years; and nothing but the Truth I speak. The Gentleman told me, he entrusted him with the Goods, and he was to give him 4 s. for them, but it being our Sabbath, he was to bring him the Money. Afterward he said, the Jews were all Rogues and Thieves, for he had entrusted Aaron Davis a great many Pounds, and he could hang an hundred Jews if it lay in his Power, because Aaron did not pay him.

Mr Saint. I did not say any such thing to her, nor did she say any thing to me.'Tis improbable I should sell him the Goods for 4 s. for I charged them in the Indictment at 4 s. which is what they cost us. Besides, the Prisoner never saw these Goods, nor did he know what was in the Parcel, when he took it. Guilty .

[Transportation. See summary.]

327. Martha Grimes was indicted for stealing 5 Yards of printed Cotton, val.7 s. the Goods of Elizabeth Street . Jan.30 . Acquitted .

She was a second Time indicted for stealing 9 Yards of printed Linnen, val.14 s. the Goods of Samuel Price . April 4 . Acquitted .

328. William Damarin , alias Dameron , of Pancras , was indicted for stealing 60 lb. of Lead, val.5 s. belonging to, and fixed to the House of a Person unknown , March 20 . Guilty .

[Transportation. See summary.]

329. Sarah Bows , alias Hughes , was indicted for stealing 2 s.6 d. the Money of Thomas Anthony , June 28 . But the Prosecutor not appearing, the Prisoner was acquitted .

330. James Watmore , of St Mary Hill , was indicted for stealing 7 Bushels of Wheat-Flower, val.3 l. a Quartern Loaf, val.8 d. half-penny, the Goods of Arthur Findon . A hempen Sack, val.2 s.6 d. the Goods of John Kimber ;1 ditto, the Goods of John Heffeild , and 1 ditto , the Goods of Joseph Strutt , June 27 .

Arthur Findon . On the 26th of June I had Occasion to go out, in the Afternoon, and I came home about 8 o'Clock at Night. My Wife then told me the Uneasiness she had on her Mind concerning the Prisoner, for she said she had reason to believe the Prisoner carried out Flower and Bread in his Breeches; she being uneasy, I resolved to get a Constable to attack him, as he went out with his Bread; and the Constable was ordered to attend next Morning; but he slept too long and did not come at the appointed Time. The Morning after this, my Wife was very uneasy, because (she said) the Prisoner could hardly walk about the Shop, he had got such a Bundle between his Legs; so she called me down Stairs, and as he was going out with his Basket of Bread, as usual, she desired him to come back and set his Basket down. Accordingly he came back into the Shop, and seeing me there, he endeavoured to go backwards into the Bakehouse; I followed him, and perceived he wanted to get something out of his Breeches; but I took hold of him and brought him forwards, and he cried out for Mercy, and begged that I would not expose him. Not expose you! Yes, says I,'tis high Time,- your Deeds have been in the dark long enough; so a Neighbour coming in, we found a Quartern Loaf , of a pretty big Circumference, in his Breeches . I asked him, how he could be such a Rogue? Why the Devil (he said) put him on to do it . We told him, we believed he had wronged us of an hundred Loaves that Way. He said , no, not above 7. and at last he brought it down to 4. Then we sent for the Constable, who was to have come before, and told him we would get a Warrant to search his Lodgings for Flower: Upon which the Prisoner begged we would send him directly to the Counter; that he might (I suppose) have Opportunity to send to his Wife. No; we insisted upon carrying him before a Justice; and then to moderate the thing, he thought proper to confess: but being pretty artful, and knowing he had to deal with one, who never was in any such an Affair before, he desired the Constable would go out of the Room, and that I would go with him, into a secret Place. I went with him into the Bakehouse, and he confessed the Flower, and said it was at his Lodgings. Indeed he did not say, what Flower, but he said the Flower was all at his Lodgings, except a little with which his Wife had made a Pudding. Well, but how much is there at your Lodgings?- Indeed,(says he)'tis all there, and you shall have it all, except what my Wife has made a Pudding of. Upon this I took him before the Justice at Guildhall, and laid the Thing before him, about the Quartern Loaf in his Breeches, and for that, he was committed to Bridewell; and when that was done, I desired I might have a Search Warrant that I might take the Goods he had confessed, but he told the Justice he would let me have them, and I might go and take my Goods: so after he was carried to Bridewell, the Constable, my 'Prentice and I, went to his Lodgings, and found a Sack and a half of Flower, which was upwards of 7 Bushels. One of the Sacks, in which was the Flower, I can't say positively that it was any Person's with whom I deal; but there was one, which belongs to Joseph Strutt , and I know it by the Mark. For Bakers are not accountable to the Meal-men for their Sacks, and 'tis very common for them to lose a great many by the Roguishness of the Journey-men Bakers, and I know 'tis Strutt's Sack, for I deal with him for Flower. There was another Sack of John Heffeild 's , I deal with him for Oatmeal, and know it to be his by by the Mark. I am persuaded he took it out of my House.

Edmund Cunningham . On the 27th of June, I was called to take the Prisoner in Custody , and while I was with him, he confessed he had wronged his Master of 6 Quartern Loaves . I saw the Loaf, which Mr Findon said he had taken out of his Breeches and he own'd he had taken it from his Master. I heard nothing of the Flower,'till he came to Guildhall, and then he confessed that he had Flower of his Master's, but did not mention the Quantity . He was vastly desirons of having Pen and Ink, that he might send a Letter to his Wife, before he went to Guildhall.

Anthony Tubby . The Prisoner confessed at Guildhall, that he had Flower of his Master's, at his Lodgings in Rag Fair, I went with the Prosecutor thither, and there I saw 2 Sacks with Flower, and 2 without. Three of the Sacks I knew; one was John Strutt 's; one John Kimber 's, and one John Heffeild 's the Oatmeal Man's. I can't say, that I know these Men had lost any Sacks, but I know they were their Sacks by the Marks.

Henry Spurdle . When Mr Findon detected the Prisoner, he called me over to his House, and I saw the Quartern Loaf taken out of his Breeches, and then I was call'd home.

William Dunn depos'd for the Prisoner, that 10 Months,(or upwards) ago, the Prisoner bought 2 Load of Flower of Roger Noland , and that he (the Witness) gave a Bond of 30 l. for the Payment of the Money for them; and that afterwards he saw 20 Sacks of Flower in his House. He added, that he had been a Master Baker, but he could not say the Flower found in his Room, was Part of the Flower he had formerly bought.

Eliz. Whatley , who lived with the Prisoner, when he was a Master Baker , depos'd to the same Effect.

Ann Lemon had known the Prisoner about 5 Years, and gave him a good Character.

Mr. William deposed, that Flower will not keep 10 Months, especially if the Weather be hot, unless 'tis sifted over after 'tis lumped. If it was Kiln-dried it would keep some time longer, but no such Flower comes to Queen-Hithe. He farther deposed, that the Prisoner had a very bad Character. Guilty 8 d. half-penny .

[Transportation. See summary.]

331. was indicted for stealing a Looking-Glass, val.10 s. a Callico Bed-quilt, val.2 s. and other Things the Goods of Sarah Burges . And a Looking-Glass, a pair of Sheets, and other Things, the Goods of Peter Eglington , in a Lodging let to her by Sarah Burges , in the House of Peter Eglington , Nov.12 .

She was a second time indicted for stealing a Pair of Linnen Sheets, val.4 s. and other things, the Goods of John Temple , in a Lodging let to her by the said Temple . Nov.14 .

On both these Indictments it was proved, that the Goods mentioned in each were carried out of her Lodgings, by the Prisoner, and her Maid Ann Ellory , and pawn'd at different Times and Places; but Ellory ,(who was called by the Prosecutor on the first Indictment) deposing, that they had been often pawn'd and redeemed; and that she verily believed the Prisoner intended to have replac'd them again when she got Money,

The Jury acquitted her on both Indictments.

332. Johanna Baker , alias Frowen , of Allhallows the Great , was indicted for stealing a Bed-quilt, val.10 s. and several other Things the Property of Thomas Low , April 24 .

Mary Low . Thomas Low is my Husband; but he being abroad, the Prisoner lived with me in a Room in Allhallows Lane , from whence I lost all the Goods mention'd in the Indictment, the 24th of last April. I suspected the Prisoner, because there was no one else in the House; and on her being taken up, she had my little Girl's Knot upon her Head,- the same she has on now. I asked her, how she could be so wicked as to strip my Room? She said I had entrusted her with them; and would fain have made it but a Breach of Trust; but I never entrusted her with my Goods.- I am a Pensioner of a Parish at the Three Cranes, and the Prisoner carried off my Goods, while I was at Market getting Bread for my Children. She was brought to me as a Lodger, on Sunday Night, and she stripped me of all I had on Thursday following, and left the Key of my Room under the Door. From that Time, I could not get Intelligence of her, till last Sunday was a fortnight, and then I heard where she was gone to lodge.

Prisoner. She has sworn as much as she can, and now see whether the next can swear better.- A Curse light on her when I am gone - like an old Bitch as she is.

Ann Wilkinson . The Prisoner having robbed me on the 13th of March, I went with Mrs Low to take her; and we found her in Chick-Lane. She confessed she stole the poor Woman's Goods, and that she had pawn'd them at the upper End of Fee-Lane, by Saffron-Hill.

Low. She carried us to Higginson's, the Pawnbroker's, at Saffron-Hill, and told us the Petticoat was there; but the Quilt (she said) was sold outright to a Friend of her's in Hand-Alley, Bishopsgate-street, for 10 s. and the Brass Lamp was at the same Place.

Patience Bouchier . The latter End of April the Prisoner came to my House, and said she had had a Fit of Illness, and must dispose of some Goods, which her Grandmother had sent her out of the Country: She asked me if I wanted a Quilt. I told her I wanted one for the Children's Bed, and she said she would fetch it out of pawn, and would shew it me. When I saw it, I told her it was too good for me, but she said, I should have it a Pennyworth; for if I would not buy it, she would sell it to the Brokers in the Fields. My Maid then said, I might as well buy it as the Brokers, so I asked her what she must have for it. She said -12 s. I bid her 10, and she took my Money; and put her Hand into her Pocket, and pull'd out a little Brass Lamp, telling me she would give me that into the Bargain. About 3 Weeks ago the Prosecutor came to enquire if I had not bought the Quilt? I did not deny it, but delivered it to the Church-Wardens, who were the Prosecutors.

Low. The Quilt she delivered them was mine.

Jonathan Raven . I was charged with the Prisoner, and she owned she had stole the Goods, and some Pewter along with them, but the Pewter she said was sold, and we could not have it again.

Prisoner. I can't say but something of what they have said is true, some Lies, and there's an End on't. Guilty .

[Transportation. See summary.]

333.+ Rachael Ducket was indicted for stealing 7 Yards of printed Cotton, val.12 s. the Goods of Daniel Demee , in his Shop , July 1 . Guilty 4 s.10 d.

[Transportation. See summary.]

334. Sarah Batchelor , of Christ Church , was indicted for stealing a Green Silk Purse, val.1 d. and 4 Half Guineas, and 10 s.6 d. in Silver , the Property of Mary Dalby , June 7 .

Mrs Dalby. On Saturday the 7th of June, about 6 in the Evening, I went to Mrs Cole's in Newgate Market for Butter, and from thence to Mr. Trueman's , to buy some Bacon. I asked Miss Trueman if she could change me a 36 s. Piece? She telling me she could, I pulled the Piece out of my Purse, and then laid my Purse down upon the Board, where they lay their Bacon, and from whence it could not fall. You never go into those Shops in the Market, so I stood on the outside, while she was changing my Money; and in the mean time the Prisoner ran away with the Purse, in which was 4 Half-Guineas, a Diamond Ring, and some Silver. The Prisoner owns it was 8 s. and a Half-Crown; I did not know she had it; nor what Silver there was in it,'till she mention'd the particular Pieces; for Mr Trueman's Shop, and one of his Maids were searched, and I made a great deal of Enquiry after it, the Moment I missed it, but to no purpose. The Prisoner was taken up about a Week afterwards, and was carried to an Alehouse in Purple-Lane , where I saw her, and did not charge her with the Fact; but when I had told the Gentlewoman of the House how I lost my Purse, she said,- Madam, you do not tell your Story right,- that won't do,- for I found it couragiously, and if there had been an hundred Guineas in it, I would have gone away with it. You don't tell your Story right,(says she) for there was 4 Half-Guineas, and 8 s. and 2 Half-Crowns in it; She found it couragiously , and I might do my worst.

Thomas Rushworth . I received the Purse in which the Gentlewoman's Money was contained, from James Ellis .

James Ellis . After we had taken up the Party's (the Prisoner's) Mother, she told us, as how we ought to take up Mrs Piper. I went to Mrs Piper, and asked her if she had received a Purse from Sarah Batchelor ? She gave it me, and said the Prisoner would leave it with her; and she was advised to keep it, in Hopes an Advertisement would come out about it. I received the Purse from Piper, and gave it to Rushworth.

Sarah Piper . The Prisoner came one Night into my Shop in Church-Lane, St Giles's, to light her Pipe; and pulling out the Purse, she said,- the Money is all gone, will you have the Purse? And down she flung it, at the same Time. The next Morning the Prisoner's Mother came and asked me for it again. I keep a Barber's Shop, and was then shaving two Men:- I gave her the Purse, and she presently said,-- Here, as my Daughter gave it you, take it and welcome; but should you know it if you see it again. This is the Purse, I'll take my Oath on it.

Mrs Dalby This is the Purse which was taken from me at Mr Trueman's .

Prisoner to Piper. Tell the Gentlemen, you don't know no hurt of me.

Piper. No; but she brought the Purse to me, and said, the Money that was in it, was left her by her Mother's Uncle; but afterwards she said she found it.

Mary Jones . I know the Prisoner,- I can say nothing against her, nor for her. I keep a Chandler's Shop in St Giles's, and last Saturday was a Month, she and her Mother (who lodges within three Doors of me) came and had some Bread and Beer of me, and said she was afraid of losing what she had at home, so she bid the Prisoner give me the Purse, and then it would be safe. Accordingly the Prisoner gave me a green silk Purse with 3 Half-guineas and a Ring in it, and 3 Shillings in Silver. The Mother said, she had got a new Gown, new Shoes and Stockings now,- thank God for it; telling me she had a Brother died and left her some Money. But some People being angry with me for taking it, and telling me they supposed the Girl had lain with some body and had robbed him, I delivered it to her again. This was the Purse, I know it again,- here is a Darn in it with green Silk.

Mary Anniball . I keep a Butter-Shop, just by Mr. Trueman's Bacon-shop : and I saw the Prisoner go by my Shop a Minute before the Purse was lost. On Sunday the 15th of June, I went with Mrs Dalby to the Prisoner. She told us she knew what we came about,- You come about the Purse that was lost in Newgate Market,- I wish (say she) I had found it, and I would have new cloathed myself. I knew her no otherways, than by singing Ballads about the Market.

Mrs Jones. I have known the Prisoner six Months: She has been in the Neighbourhood longer. She has been several Nights in my Shop, early and late, and I received no Damage by her.

The Prisoner in her Defence said she found it, and thought it belonged to her. Acquitted .

335. Elizabeth Welling was indicted for stealing a Pair of Stays, a Shift,2 quilted Petticoats, and other Things, the Property of William Pengelly . And a Cambrick Cap, an Apron, a Camblet Gown, a pair of Stockings, and a Muslin Handkerchief , the Goods of Mary Birt , June 14 .

John Freeman . I had a Warrant to carry the Prisoner before a Justice, and the Prisoner had all the Things upon her, and many of them on her Back. The Prisoner returned some of them, but the Justice did not care to strip her quite naked.

Mary Birt . The Things which were found on the Prisoner were mine, and were stole out of my Room.

Defence. We had all been drinking together, and were all got drunk together, and fell to fighting; they beat me, and abused me, and having got some of my Cloaths, I took some of theirs and put them on. Guilty .

[Transportation. See summary.]

336.+ Samuel Burges was indicted, for that on the 13th of May Ann Beaver , of St Giles's in the Fields, being indebted to William Wilks and Joseph Bush Distillers, in the Sum of 24 l.18 s. for Goods sold and delivered; He the said Burges, being Clerk to the said Wilks and Bush , feloniously made and caused to be made a certain false and counterfeit Order for the Payment of Money, which said false and counterfeit Order follows. Madam, please to pay my Clerk, and his Receipt will be all the same. Your's, William Wilks. with intent to defraud Ann Beaver of the said Sum of 24 l.18 s.

He was farther charged with uttering and publishing the same, with intent to defraud Ann Beaver,&c.

He was likewise charged as in the first and second Counts in the above Indictment, with intent to defraud William Wilks and Joseph Bush .

Ann Beaver was called; and the Counsel for the Defendant objected against her being sworn; but it being the Opinion of the Court, that if she proved the Note to be false or forged, she was liable to pay, and therefore must be allowed to be a good Witness to prove the Note a forg'd Note, tho' she could not be a legal Witness to prove it a good one.

Ann Beaver. Mr Wilks and Mr Bush are Malt Distillers , and are Partners in Trade, I believe. I was indebted to them 24 l.18 s. and more, for Spirits I had had of them; and on the 8th of May, the Prisoner, who was their Clerk, came to me and desired to know if I wanted any Spirits. I told him yes, but I desired Mr Wilks to come and take the Money for that Tun I had had. He told me Mr Wilks was not well, and Mr Bush was out of Town. I said, if either of them would come, I would pay the Money; but I refused to pay him, without an Order from Mr Wilks. On Saturday he came again, and said Mr Wilks was gone out to take an airing in a Coach, and could not come so far as my House. On Wednesday the 14th of May he came again, and said he had brought an Order from Mr. Wilks ; he delivered me this Order; I paid him the Money, and he gave me a Receipt in my Pocket-Book. The Order was read, and it being in such general Terms, as to require the Aid of Parol Evidence to explain it and being without Direction to any particular Person; and no mention made therein of what was to be paid, it was too uncertain , and general, to come within the Penal Statute of the VIIth of his present Majesty, The Jury therefore acquitted the Prisoner.

337.+ Joseph Baxter , of St Butolph Aldgate , was indicted for stealing 73 Thirty-six-Shilling-Pieces,13 Guineas,3 Moidores,2 Three Pound Twelve Shilling Pieces, and 4 l.19 s. the Money of Joseph Stephens , in his Dwelling House , June 21 .

The Counsel for the Prosecution having opened the Charge, the Witnesses were called.

Mr Stevens . The Prisoner (Joseph Baxter ) is my Apprentice , and had lived with me about 4 Years. On the 21st of June (Saturday) about 8 o'Clock in the Morning, my Wife and I being in the Chamber, where the Bureau was in which I kept my Money, I counted over my Cash, and settled it; it amounted to 176 l.- After I had so done, I locked my Bureau and came down into my Shop. About 12 at Noon, a Woman having bought a Gold Ring, asked me to give her Gold for 6 Guineas-worth of Silver. I told it over, and finding it all good, I swept it into my Apron; carried it up, and put it into my Bureau, and took out 6 Guineas for it. My Cash was all safe then, and I locked up the Bureau and came down Stairs. About 5 in the Evening a Gentleman in the Neighbourhood sent me a Moidore to change; I went up Stairs and changed it and found my Money still safe: and having locked it up in the Bureau, and put the Key in my Pocket, I came down again into my Shop. About 8 that same Evening, I carried home a Clock to Mile-end; had my Wife been at home, I should have gone sooner. My Son Philip went with me, and carried the Clock, and we returned from thence at a quarter after 9: it was a little before 10 when I got home, and I found my Wife was come home. I went to Supper with my Family, and went out no more that Night. I went to Bed at 11 o'Clock, and the Prisoner was not then come home. My Wife sat up for him till 12, then every Body went to Bed. The Prisoner came home a little while afterwards, and I called up my Son Joseph to let him in. As he went up Stairs, I called to him; and asked him, if he was not ashamed to keep such Hours? He made no Answer, but went up Stairs to Bed. In the Morning my Wife got up between 7 and 8, and about 8 I got up, and went to my Bureau, to empty my Pockets of the Cash I had taken the Day before. But coming to my Bureau, I found it slack and open; and taking hold of the Lid, I found the Lock had been drawn back. I I remember I lock'd it at 5 o'Clock over Night, and finding it thus, I was surpriz'd ; and immediately clapp'd my Hand to the Drawer where I had put my Cash, and found myself stripp'd of all, and not one Farthing of my 176 l. left. Upon this I ran to my Wife,- What shall I do! My dear, what shall I do! I have lost 176 L . Since 5 o'Clock last Night. She went up Stairs with me, and I shew'd her my empty Drawers, at which she was in as great a Surprize as myself. This was on Sunday Morning, and the Prisoner was then in the Shop, cleaning his Buckles, and I being in so great a Surprize, to be sure did not speak softly; yet he took no manner of notice, but while I went up to shew my Wife the Bureau, he went out of Doors. I sent after him, and found him at the Barber's ; and carried him to Gillispy's Lodgings, who is a Person that worked in my House. We found Gillispy in Bed with his Wife; for he works with me, and lodges in my House all the Week, and I give him Leave to go home to his Wife on Saturday Nights. I made Gillispy get up. and I carried them both home to my House; told them of my Loss, and begged of them, if they had any Regard for me or themselves, to make a Discovery of the Money, for I was positive 'twas all safe at 5 o'Clock over Night. I argu'd with them two Hours, and told them the Danger of exposing themselves to the Publick; but I could get nothing out of them. About 12 o'Clock, I charged a Constable with them both, and searched Gillispy's Lodgings, but found nothing. The next Morning they were carried before the sitting Alderman at Guildhall, who after he had examined them both, discharged Gillispy, and committed Baxter the Prisoner. My Family consists of my Wife and 3 Children, one of which went out with me, the other 2 I left at home with the Prisoner: We have no Maid Servant, nor any other Men Servants but the Prisoner and Gillispy: and he (Gillispy) when I went out, followed me at my Heels, for when I was got to Whitechappel Mount , there's a little Field goes round by the Gun, and there we met one another; so he must have come out of my House but a Minute or 2 after me. I live but a little on this side Whitechappel Bars, and it cannot be half a Mile to the Place where I met him. I asked him where he was going? He told me he was going to one Mr Wade's, to see if he could get a Crown which he ow'd him. I told him he might come next Day and take a Dinner with me, and so we parted.[Mr Stevens mentioned the particular Pieces of Money, and the Quantity he had lost, as charged in the Indictment ]. The Prisoner is about 19 Years old. He was about 15 or 16 when I took him, and he had served me about 4 Years. I had but 2 Servants, the Prisoner and Gillispy; and Gillispy has less Time to serve than the Prisoner. For he married a Wife, and left my Service, intending to get into other Business; but that failing, and he being sick, his Wife came to me, and begged I would have some Compassion upon him. Accordingly, I reliev'd him, and ordered an Apothecary to asist him; upon which he promised to serve me out the rest of his Time. Once a Week he begs Leave to lie at his Wife's Lodgings,- on Saturday Night; and he generally comes home on Sunday Night, or Monday Morning. The Witness was asked if he had found the Prisoner honest.- As to that I can't say,- I can't positively prove any thing; but this Question obliges me to say, I have had a strong Suspicion to the contrary; for about 2 Years ago, I missed 20 Guineas out of my Cash out of my Bureau, and my wife and I were very uneasy about it, and the Prisoner at that Time absconded for a Month.

Prisoner. Did you charge me with it?

Mr Stevens . I did not directly charge him with the Fact; but I said I had lost Cash, and a little before that I lost a Watch; I did not know what my Loss was; and I told him it looked Suspicious, and I thought it was an imprudent Thing for him to leave his Service after I had had that Loss. When he came again, he made me a great many Promises, that he would be a good Boy, and mind his Business, and that induced me to take him again; as I could not prove any thing upon him. Indeed while he absconded he sent me a Threatning Letter, intimating, that if I did not hold my Tongue, he'd make me.

Mrs Stevens . I came home about half an Hour after 8, after my Husband was gone out, and I asked my Son Joseph (one of the Children who were left at Home) where his Father was gone?- He said,- to Stepney Green, to put up a Clock, and that he had been gone out about half an Hour. Joe, says I, where are the Keys of the Chamber? for I had lock'd the Chamber Door where the Bureau was, before I went out, and had laid the Keys upon Mr Stevens's Work-board in the Shop. Upon my asking my Son for the Keys, Joe Baxter the Prisoner said,- They are o'top of the Board, give them your Mother; and accordingly the child gave them me. I did not ask any one in particular for the Keys, but in general said - Where are the Keys of the chamber? I am sure the Door was fast locked when I went out. After my Son had given me the Keys, I went up Stairs, and bid the Prisoner bring up the Shew-Glass from the Door; and as I put the Key in the Door, the Door went open without unlocking. This surprized me at first, but I thought,- perhaps Mr Stephens might have been up, since I went out, so after he had brought up the Shew-Glass, I locked the Door and put the Keys in my Pocket, and they were never cut of my Pocket,'till I went to bed. When the Prisoner had set down the Shew Glass, I followed him down Stairs, and he desired he might shut up the Shop, because he wanted to go out to buy a new Hat. He went out about 9 o'Clock, and from that Time, to my Husband's coming home, no one had been in the House. He came home about 12 o'Clock, and one of the Children let him in.

Couns. Did he use to keep such Hours?

Mrs Stevens. Yes; Eleven was a very good Hour,- many Nights he has not come home at all. My Husband and I lay in the Room where the Bureau stood, and no Soul could come into it,- No Creature came into the House the next Morning, for I unchained the Street-Door myself, to take in some Milk.

Couns. You laid the Keys upon the Board yourself,- before you went out.

Mrs Stevens. Yes; and there were 3 or 4 Keys together: for my Husband having lost Money before, and People having said,- when a Man and his Wife has Access to it, nothing (with certainty) can be made out, and that I might take it, as well as another, I resolved never to go to the Bureau again.

Couns. Upon the Oath you have taken, had you been at the Bureau, from the Time your Husband locked it, to the Time he missed the Money?

Mrs Stevens. No, as God knows my Heart.

Couns. You left the Keys,(you say) upon the Boards; is that the Place you usually leave them in?

Mrs Stevens. Yes; when I am going out, my Husband desires me to leave them, else he can't get at his Cash, if he should want it. I went out about 6, and threw them down upon his Board. I returned home about half an Hour after 8, and found my 2 little Boys at home. My Son Philip was gone with his Father.

Joseph Stevens . I am almost 15 years and a half old.

Couns. Do you know the Nature of an Oath?

Stevens. It is in my Catechism that I must not bear false Witness against my Neighbour,- I was at home that Saturday Night, when my Father went out; Gillispy went out about 3 Minutes after my Father, and only the Prisoner, I and my Brother Samuel, were left at Home.

Mr Stevens. Samuel is about 11 Years old.

Stevens. My Mother came home about half an Hour after my Father was gone.

Couns . Between the Time of your Father's going out, and your Mother's coming home, who came into the House?

Stevens . Only a Workwoman who brought a Dozen of Spoons, which my Father had bespoke. She gave her Goods into the Shop, and did not stay 3 Minutes. She never went up Stairs; but the Prisoner did: For after my Father was gone out, he cleared away his Work board, and told me he was going up Stairs to black the Shoes. He was above Stairs half an Hour, and I staid in the Shop to look after it. He was above Stairs half an Hour before my Mother came home.

Couns. When your Father went out, where were the Keys left?

Stevens . Upon my Father's Work board. The Prisoner was come down Stairs before my Mother came in; as soon as she came in, she asked for the Keys of the Chamber, and the Prisoner said,- they are upon the Board.- Joe , Give them your Mother. I am sure no body went up Stairs while my Father and Mother were out, but he.

Couns. What Time of the Night did the Prisoner come in?

Stevens. The Clock had struck 12; my Father called me up, to let him in, and I heard him speak to the Prisoner as he went up Stairs.

Couns. During the Time that your Father and Mother were out, had you or your Brother been up Stairs?

Stevens. No; nor near the Stairs.

Couns. Did you take Notice of the Keys lying on the Board when your Mother went out?

Stevens. I did not take Notice of that: but my Mother whenever she went out laid the Keys there.

Charles Gillispy . I am Mr Steven's Apprentice. I remember the Saturday Night when he went to put up the Clock; but I did not see him go out; for I work above Stairs in the Garret, and was there when he went out, but I overtook him at Whitechappel Mount . He was gone out before I came down from Work, which was about 8 o'Clock.

Couns. Was you in your Master's Room that Saturday?

Gillispy. No; I was not. My Master came to me on Sunday Morning, and I went home with him: He did not tell me what his Business was,'till I came to his House.

Couns. Do you know what Time your Master went out?

Gillispy. No: I had been at work in the Garret, and nobody had been with me all Day, but the children backwards and forwards, and the Prisoner. I was from 6 in the Morning to 8 at Night in the Garret; then I came down and went out?

Couns. What Place does the Prisoner clean his Shoes in?

Gillispy. In one of the Garrets, just by the Place where I work: I can't tell whether he came up to clean his Shoes before I went out,- I believe I should have seen him if he had. His usual Time of cleaning them is after 8 o'clock.

Couns. As you come down from the Garret, do you pass by your Master's chamber?

Gillispy. Yes; and if it had been open, I should have seen it; but I did not take any particular Notice of it.

Couns. to Mr Stevens. When you went up the last Time, about 5 o'clock, did you lock your chamber door?

Mr Stevens. When I went up at that Time, I found my Wife, and a Gentlewoman reading the Exposition of a chapter in the Romans, out of Barkit. Gillispy was then in the Garret, and the Prisoner and my 2 children were below. Acquitted .

338. Mary Newcomb was indicted for stealing a Brass Sauce-pan, val.3 s. the Goods of Elizabeth Savage , June 16 . Guilty 10 d.

[Transportation. See summary.]

339,340. Edward Bullock , and John Harman were indicted for stealing 2 Lambs, val 14 s. the Goods of John Bretteridge , May 28 . Both Guilty .

[Transportation. See summary.]

341. James Purvis * was indicted for stealing a Pair of Stays, val.5 s. the Goods of William Holt , May 28 . Guilty .

* He was indicted last October Sessions with Francis Flack , for breaking and entring the House of Thomas Sinclair , and stealing 2 Silver Tea-Spoons,&c. of which he was acquitted. See his Trial, No.513. Last January Sessions he was an Evidence against John Lineham , who was then condemned for robbing David Patten, Esq; on the Highway. See his Trial, No.137.

[Transportation. See summary.]

342. William Weblin was indicted for stealing a Cloth Coat, val.2 s. the Goods of Henry Page , July 4 . Guilty .

[Transportation. See summary.]

343. Mary Fuller was indicted for stealing a Pewter Candlestick, and other small Things , the Property of James Blake , June 26 . Guilty 10 d.

[Transportation. See summary.]

344. Jane Mooralias Flood was indicted for stealing a Wooden Cask, val.1 s. and 4 Gallons of Small Beer, val.10 d. the Goods of John Blackwell , June 7 . Guilty .

[Transportation. See summary.]

345. Robert Yates was indicted for stealing a Scaffolding Pole, val.10 d. the Goods of Will. Grey , and 4 Deal Boards , the Property of sundry Persons, June 7 . Guilty 10 d.

[Transportation. See summary.]

346. John Phillips was indicted for stealing 3 Saws, val.20 s. the Goods of George Wright ; and 2 ditto, val.9 s. the Goods of George Wills , May 18 . Guilty .

[Transportation. See summary.]

347.+ Isabel Hutchins , of St James's Westminster , was indicted for stealing 15 Yards of printed Linnen, val.20 s. the Goods of Elizabeth Ward , in her Shop , July 9 .

Frances Watson . The Prisoner came yesterday Morning, into Mrs Ward's Shop,(in Princes-Street, Leicester Fields ,) about 8 o'clock;'tis a Linnen Draper's Shop: She asked for Cottons; I shewed her several, but they did not please her, she wanted Purples; when the Purples were shewn her, they would not do for her; and then I pull'd down some Linnens, and shew'd her one, which I said was a very pretty Thing. She neither said she lik'd it, or disliked it; but only that she must have larger Patterns, and she would come again by and by, and bring her Cousin with her, who had been at our Shop (she said) and had bought a Gown; and so she went out. I turn'd up the Goods I had shewn her, and missed this Piece; upon which which I came quickly round the Counter, and overtook her at the next Door, and told her she had got something. No, she had not, she said; but I turned back her Cloak, and saw this Linnen upon her. I told her 'twas ours: she said it was not; I knew it, and took it from her; then she would have got away, but I held her, and got her back to the Shop; after which she was carried before a Justice, where she confessed the Fact, and said she did it through Poverty.

Martha Salisbury deposed, that she was coming by accidentally, and saw Mrs Watson take the Linnen from under the Prisoner's Arm. She was with her before the Justice, and heard her Confession. Guilty 4 s.10 d.

[Transportation. See summary.]

348. Thomas Ruskin was indicted (with Edward Stanley , alias Gipsey, not yet taken) for stealing a wooden Gate, val.7 s.6 d. the Goods of Thomas Pain , Mar.18 . And

349. Simon Lewis was indicted for receiving the same, knowing it to be stole , March 18 . Ruskin guilty ; Lewis acquitted .

[Transportation. See summary.]

350.+ Mary Maccarty , of St James Westminster , was indicted for stealing a Holland Shirt, val.3 s. and a Silk Handkerchief, val.1 s. the Goods of Robert Cotton Pennington , June 25 .

She was a 2d Time indicted for stealing a suit of Cambrick laced Headcloaths, val.40 s. a Necklace, val.6 d. and other Things of Value, the Goods of Lydia Seymour , in her Dwelling-House , June.25.

Mr Pennington. On Saturday the 21st of June, I lost half a Dozen of Shirts: On the 25th, several Pieces, and a Sleeve were found in the Cellar under a Stove. This made me imagine, the Prisoner had taken the rest: so I got a Candle, and searched the Cellar, and odd Places below, and twice she blew the Candle out. And there being a Trunk in the House, which as the Prisoner pretended, belonged to another Woman, we wanted to see it opened, and asked the Prisoner for her Keys. She took them out of her Pocket, but none of them would open it; upon which we borrowed a Key, and got it open; and in the Trunk we found a Shirt sleeve, and several Pieces; and afterwards a Suit of Headcloaths of Mrs Seymour's , and several other odd things of mine, as a Shirt, and a Handkerchief. The Goods which we found of Mrs Seymour's , in the Trunk, were the Headcloaths, several Pillowbiers, Aprons, and Handkerchiefs; and I am sure they were found in the Prisoner's Trunk, and she was present when we opened it.

Mrs Seymour. About 3 or 4 Days after the Prisoner came to live with me, I fell sick, and kept my Bed for some Time. The first Day I came down into the Kitchen, after my Illness, I was asked for a Pattern of a pretty Mob; so I sent her with my Keys up Stairs, for a Bundle of rough Linnen; and I missed out of it, a suit of Head-cloaths. This gave me a Suspicion of the Prisoner; and some body telling me, there was foul Towels under the Stoves, in the Cellar, I searched there, and found a Sleeve and some Pieces of Mr Pennington's Shirts. Then, says I,- here is a Trunk which she brought in, with other Folk's Things, I'll see what is in it; so I opened the top part, and the bottom she opened herself, and there we saw a great many things of Mr Pennington's and mine. There was a Dimitty Petticoat, a pair of Cambrick Ruffles, Pillowbiers, and a great many Things more. I taxed her with the Headcloaths, the Moment I missed them, and she said,- Madam, don't fret yourself,- you'll find them again. I value the Headcloaths at 40 s. and have a Ruffle of the same in my Pocket. I can't really say what they are worth, for I bought them abroad,- in Flanders , cheaper than I could have done here. I can't say I lost the rest of the things at the same Time I lost the Headcloaths, nor that she took them all at a Time. There is a Napkin of mine which her Mantua-Maker brought me, and said the Prisoner gave it her to line the Body of a Gown. This is the Lace belonging to the Head, it was completely made, but she hath ripped it up. I take on me to say it was worth 40 s.

- Lasieur . Mrs Seymour and Mr Pennington sent for me, and I found they had charged the Prisoner with taking the things, and they made a Noise to her about it. She fell down crying and roaring; and owned she had taken them. While Pennington and Seymour were gone up Stairs, I said,- Mary, what makes you guilty of such Things as these? Master Lasieur, said she, the Devil tempted me to it. And why says I, should the Devil tempt you to steal what is not your own.

The Prisoner called a Witness who had been Mrs Seymour's Servant, and she deposed, that all the Neighbours gave the Prisoner the Character of a very honest Person, before she went to live at Seymour's House; and she gave her the Character of a bad Woman.

Another deposed to the same Effect. Guilty 39 s.

[Transportation. See summary.]

351. Sarah Wilson was indicted for stealing 4 Linnen Aprons, val.4 s. the Goods of Ann Worley , and one ditto , the Goods of Catherine Stoner , June 6 . Guilty .

[Transportation. See summary.]

352. Daniel Ballenger , of Southall , was indicted for stealing 2 Linnen Shirts, val.2 s. the Goods of Joseph Warren , June 24 .

Warren. The Prisoner came into 'Squire Merrick's Barn at Southall , last Midsummer Day at Night. and took away a Pair of Sheets, and two Shirts. He took all the Things I had from me. One of my Shirts I found upon his Back; the other he said he had pawn'd, and the Constable and I went and found it according to his Directions. When he was before the Justice he had nothing to say,- only he told the Justice he bought the 2 shirts of a Woman, but he did not know her Name, nor where to find her.

Prisoner . And do you swear to 2 Shirts again?

Warren . Yes.

William Rouse . I saw the Prisoner come over the Gate with a Bundle on his Back, but I don't know what was in it. I was with Warren before the Justice, and there he swore to his things.

Thomas Gibbs , the Constable. The Prisoner owned when he was taken, he had a Shirt of Warren's, which was taken off his Back before the Justice. Another he said he had left at Mrs Weedon's , an Alehouse-Keeper , and there we found it.

Warren . And they were both mine .

Prisoner.'Tis a d - n'd Lye ,- I can't talk . Guilty .

[Transportation. See summary.]

353,354 Ann Lunn , and Ann Halseye were indicted, Lunn for stealing a Gold Necklace val.40 s. and a Gold Ring val.6 s. the Goods of Daniel Mills , June 24 . And Halseye for receiving the same, knowing them to be stole . Lunn Guilty . Halseye Acquitted .

[Transportation. See summary.]

355. Jasper Warren was indicted for stealing a Duck, val.10 d and a Goose, val.1 s. the Goods of John Humphries , June 29 . Guilty 10 d.

[Transportation. See summary.]

356. Hester Thrift , of St James's Westminster , was indicted for stealing 17 Pair of Worsted Stockings, val.17 s. the Goods of Mary Holmes , July 7 . Guilty 10 d.

[Transportation. See summary.]

357. Martha Griffin , of St James's Westminster , was indicted for stealing (with Mary Woolley , and Ann Wilson not taken)3 Blankets, val.4 s. a Linnen Sheet, val.1 s. a Quilt , val.3 s.4 Stuff Bed Curtains, val.2 s. a Feather Bed, val.2 s. a Fire Shovel, val.2 d, and other Things , the Goods of Thomas Butt , June 11 .

Margaret Butt . I went out the 9th of June, and did not come home till the 14th. Then I found my Doors broke open, and my Room stripp'd of all my Goods mentioned in the Indictment, and several other Things.

A Witness. I bought a Bed of the Prisoner, which Mrs Butt has had again: I gave her 16 s. for it.

Butt. Sir Edward Hill ordered her to let me have it again. The Quilt,2 Blankets, this Sheet, and the Curtains, I had from John Tawn , in Peter's-Street.

Another Witness. The Prisoner desired me to fetch the Quilt out of Pawn, and told me, if she and I could agree for Price, I should have it. If we could not agree, she was to pay me the Money I laid down at the Pawnbroker's, the next Day. I fetched it out for 3 s. and Butt own'd it.

Prisoner. What you have said is not true; you paid but Half a Crown, and a Penny for the Interest. I know nothing of the Curtains, nor the other Things. The Bed was carried to Mary Wilson 's Mother, and I carried it from thence, to sell to that Witness. Guilty .

[Transportation. See summary.]

358. James Lawrence , of Finchley , was indicted for stealing 2 Silver Spoons, val 7 s. a Gold Ring, val.18 d. the Goods of Persons unknown; and a Brass Jagger, val.1 d. a Brush, val.1 d. and 18 s. the Property of James Jolling , May 22 . Acquitted .

359. William Townshend , of St Ann's Westminster , was indicted for stealing a Cloth Cloak, val.7 s. the Goods of John Storey , May 28 . Acquitted .

360,361. Jonathan Musgrove , and Henry Ash , of Belfont , were indicted for stealing a Weather Sheep, val.8 s. the Goods of a Person unknown , June 29 . Both acquitted .

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

Received Sentence of DEATH,4.

Samuel Badham , Susannah Brammah , John Foster , Rachael Isaacs , otherwise Jacobs.

TRANSPORTATION for 7 Years,40.

Tho Ayloffe ,

Johanna Baker ,

Dan. Ballenger.

Henry Barnes ,

Eliz. Bennet,

Edw Bullock ,

John Cable ,

Collumb Connell,

Wm Damarin ,

Eliz. Davis,

Mary Depenn ,

Susan Devinoy ,

Rach. Ducket,

Mary Fuller ,

Martha Griffin ,

John Harman ,

Isabel Hutchins ,

Solomon Isaacs ,

Ann Lunn ,

Mary Maccarty ,

Eliz. Mason,

Charles Miles ,

Jane Moore ,

Mary Newcombe ,

John Philips ,

John Powel ,

James Purvis ,

Thomas Ruskin ,

John Sargery ,

Steph. Saunders,

Hester Thrift,

Jasper Warren,

Chri. Watkins,

Ja. Watmore,

Wm Weblin ,

Eliz. Welling,

Sam Williams ,

Sarah Wilson,

Wm Winter ,

Robert Yates .

BURNT in the HAND,1. William Bird .

WHIPT,1. Richard Chesshire .