Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 October 2014), December 1740 (17401204).

Old Bailey Proceedings, 4th December 1740.

THE PROCEEDINGS AT THE SESSIONS of PEACE, Oyer and Terminer, FOR THE CITY of LONDON, AND County of MIDDLESEX, ON

THURSDAY the 4th, FRIDAY the 5th, SATURDAY the 6th, MONDAY the 8th, and TUESDAY the 9th of December.

In the 14th Year of His MAJESTY's Reign, BEING THE First SESSIONS in the MAYORALTY OF THE

Right Honourable Humphry Parsons, Esq; LORD-MAYOR of the CITY of LONDON.

For the YEAR 1741.

NUMBER 1.

LONDON:

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

[Price SIX-PENCE]

THE PROCEEDINGS AT THE

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

BEFORE the Rt. Honourable HUMPHRY PARSONS, Esq; Lord-Mayor of the City of London; the Right Honourable the Lord Chief Justice WILLES, Mr. Justice CHAPELL, Mr. Baron CARTER , Sir JOHN STRANGE , Knt. Recorder of the City of London, Mr. Serjeant URLIN, Esq; Deputy-Recorder, and other 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 Peers ,

Henry Little ,

William Cripps ,

Richard Horrabin ,

Benjamin Oak ,

Thomas Woolley ,

John Green ,

John Child ,

Thomas Milward ,

Francis Strong ,

Thomas Paine ,

William David Kemp .

Middlesex Jury.

Richard Bullock ,

Henry Bonell ,

Thomas Green ,

* Thomas Bastnet ,

* John Wright was sworn on Saturday instead of Thomas Bastnett .

Edward Storey ,

Thomas Brown ,

Ignatius Smith ,

John Simmonds ,

John Cullis ,

Henry Scott ,

Samuel Kirk ,

John Knight .

1. John Cawdell , of St. Mary Magdalen, Milk-Street , was indicted for stealing 25 Yards and half of Mantua Silk, 25 Yards of Silver Ducape, 20 Yards of Cloth colour'd Ducape, 28 Yards of Black Callimancoe, 42 Yards of fine Brown Stuff, 28 Yards of flower'd Worsted Damask, 25 Yards of Green half Ell Mantua , 20 Yards of washed Garlix , the Goods of Timothy Ravenhill and Thomas Barker , Nov. 3 .

Mr. Barker. On the 4th of Nov. I saw three Pieces of Goods which I believe to be mine, at Mr. Hook's a Mercer in St. Martins le-Grand ; I desired to know how he came by them, and he inform'd me he had them from Elliot, who had been his Neighbour. The next Morning I was sent for to the Baptist's-Head in Milk-street, where Elliot own'd that he bought the Goods of the Prisoner. The Prisoner had serv'd us as a Porter, and when he was taken, he confessed that he had robb'd us of all the Goods mention'd in the Indictment, and directed us to go to his House for the 20 Yards of Garlix, which we found accordingly.

Mr. Ravenhill. I saw three Pieces, a black Callimancoe, a brown Stuff, and a wash'd Garlix, at Mr. Hook's, which I knew to be mine. The Prisoner acknowledg'd the Fact, and told us where the Garlix might be found.

Henry Hook . Elliot brought a Piece of blue Mantua to my House, and as he was a Neighbour I bought it of him; he afterwards brought some Silver Ducape, and ask'd me 4 s. a Yard for it, I then had a Suspicion of it, for I knew that most of the Trade gave more, but I bought that likewise, and then sent for the Person who makes these Goods, and by his Means I found out the Prosecutors: I desir'd Elliot, that I might better fix the Thing, to bring me more Goods, he did so, and among them this Callimancoe, and the brown Stuff, which Mr. Barker believed to be his. When Elliot was asked about these Goods, he owned that he bought them of the Prisoner.

Francis Elliot . I bought Goods of the Prisoner, paid him for them in my Ware-house, and afterwards sold them to Mr. Hook. I can't swear that these are the same, for they are not in the same Condition as when I saw them, but they are like what I bought of the Prisoner.

Joseph Clarke . I bought some Goods of Elliot, and gave him a Market Price for them. He was a Neighbour, and bore a good Character, otherwise I should not have bought them. I can't tell what Business he follows, he keeps a sort of a Warehouse for Linnen I believe.

Mr. Sawbridge. I was at the Baptist's-Head with the Prosecutors, Hook and Elliot; the Prisoner was sent for, and acknowledg'd that he had sold these Goods to Elliot, and that he had robb'd his Master ever since 1739. Guilty .

[Transportation. See summary.]

2. John Runsburgh , of Chiswick , was indicted for assaulting William Collier on the King's Highway, putting him in Fear, and taking from him 6 d. in Money ; the Money of the said William Collier , November 19 .

William Collier . On the 19th of November about Eight at Night, as I was returning from Kingston Market , I was met between Brentford and Turnham-Green , by three Footpads; I am positive the Prisoner is one of them. They took me off my Horse into a-Field, pick'd my Pocket of my Money, and put a Groat into my Bag again. I can't say which in particular took my Money, for they were all together. When they had robb'd me, I went a little Way on the Road to Richard Hall's, to get Assistance to take them, and when we came back, they were in the Field, and fir'd at me directly. The Prisoner attempted to get over a Hedge, and was taken with a cock'd Pistol in his Hand; he said he would yield, and that it was the first Fact, and that he should be hang'd for turning his Coat.

Prisoner. There were several Men in the Field, and I did not know but they might be Rogues; so I cock'd the Pistol in my own Defence.

Richard Hall. The Prosecutor told me he had been robb'd, so I charg'd a couple of Guns, and I and my Man went to the Field where this Robbery had been committed. I saw three Men in the Field, and the Prosecutor was immediately wounded in the Neck by one of them. The Prisoner was taken as he was getting over a Hedge with a Pistol cock'd in his Hand, his Coat turn'd, and his Wig in his Pocket. We found a Bayonet, and two Hats in the Place, one of which the Prisoner own'd to be his.

John Wood . I was desir'd by the Prosecutor to assist in taking the Prisoner. I took another Man with me, and we went one Way into the Field, and Collier and Hall another; as soon as they got past the Gate, the Prisoner fired at Collier and wounded him: I saw the Fire fly, and immediately heard a crackling in the Hedge; I jump'd thro', and took the Prisoner with a Pistol leven'd at my Head.

Prisoner. I took him for a Thief, and did it in my own Defence.

George Bridges . I assisted the last Witness, and when Hall and Collier came through the Gate, a Pistol was fir'd, and presently we heard the Hedge crack; we immediately got through the Hedge, and Wood presented his Gun at the Prisoner, and swore if he did not surrender, he would blow his Brains out, he then yielded to us and we took this Pistol out of his Hand.

Prisoner. My Intention was to go to Thistleworth , to see a Friend, and I was weary, so I enter'd this Field to rest myself, and just at that Moment this unhappy Affair happened. I was alone, and carried the Pistol for my own Defence. Guilty , Death .

3. Peter Pairpait , of Pancras , was indicted, for that he, after the 1st of May, 1734, on the King's Highway, with a certain Pistol, &c. on Thomas Weston , did make an Assault, &c. with Intent the Goods and Money of the said Weston to steal, &c . November 19 . Acquitted .

4. Joseph Huddle , of Stepney , was indicted for assaulting Thomas Cain , in a certain Field, near the King's Highway, putting him in Fear, &c. and taking from him two Pounds of Tea, value 10 s. the Goods of Thomas Barfoot , a pair of Shoe buckles , value 2 s. a pair of Knee-Buckles, value 1 d. a Stock, value 3 d. a Stock Clasp, value 9 d. and 16 d. in Money, the Property of Thomas Cain , October 18.

Thomas Cain . The Prisoner came to my Master's Shop, on the 18th of October, about nine at Night, and ask'd for two Pounds of Tea for Mr. Jones, of Stepney; we refused to send it by him without the Money; so I was to go with him for it; and as we were going along a Field, he on a sudden tripp'd up my Heels, fell on me with his Knees, and put a Knife to my Throat, and bid me deliver. He took from me 16 d. a pair of silver Shoe Buckles, a pair of white Metal Knee Buckles, my Stock, and a silver Clasp. The two Pounds of Tea he took from under my Arm when I fell; I had it under my Arm, and in the Force of the Fall it flew from me. About a Fortnight after this, I saw the Prisoner in St. Giles's Round-House , and knew him to be the Man who had robb'd me, and he said, D - n it, it does not signify denying it, for I did do it.

John Barfoot . I saw the Prisoner at the Round-House, and my Man said, This is the Man that robb'd me; he own'd that he was the Man, and said that it signify'd nothing denying it. He likewise confess'd the same, when before the Justice.

Randal Edwards. The Prisoner confess'd this Robbery, and several more to me; he told me where the Prosecutor liv'd, and desir'd that he might be admitted an Evidence. Guilty Death .

5. Lydia Atkins , of St. Mary, White Chapple , was indicted for stealing five Hair Brooms, value 5 s. 18 Birch Brooms, value 10 d. 12 Mops, val 4 s. 6 Pound of Tobacco, value 5 s. and divers other Goods , the Property of Susannah Smith , October 20 . Guilty 4 s. 10 d.

[Transportation. See summary.]

6. Daniel Jackson , of St. George, Bloomsbury , Shoe-maker , was indicted, for that he not having GOD before his Eyes, &c. on the 28th of Nov . on Hannah, his Wife, did make an Assault, and with a certain Pistol, value 12 d. charged with Powder, and small leaden Shot, which he had, &c. in his right Hand, to, and against the said Hannah, he did shoot off and discharge, he well knowing it to have been loaden as aforesaid, &c. and by the Force of the Powder, &c. on the upper Part of the Back, near the left Shoulder, did strike and penetrate; giving her, &c. one mortal Wound, of the Depth of three Inches, and Breadth of two Inches, of which she instantly died .

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

Michael Moore . I took the Prisoner and the Deceased into my Coach at Piccadilly , and sat them down at the upper End of St. Giles's . The Prisoner pull'd a Pistol out of a green Bag, and flash'd it; the Deceased screamed out; and he said, my Dear I know what I am doing of. He then was enquiring for a Gunsmith (as he said) to sell the Pistols, and just as we were got to the Door, I heard a Pistol go off; I immediately turn'd about and saw the Deceased lying dead on the Ground, the Pistols at the Prisoner's Feet, and his Hand bloody. I asked him what he had done? he said, it was his poor dear Sister, the youngest of three, and if he had killed her, he must be hang'd. I did not know that he had Pistols, 'till I saw him draw one from under his Arm; and I was going to knock at the Gunsmith's Door when I heard the Report of the second Pistol.

Jury. Did he present the first Pistol at the Woman?

Moore . I can't say it was more to her than to me, for we were all three a-breast, and nobody was by, for it was a dark Night, and it rain'd very hard.

Margaret Lee . I saw the Prisoner and the Deceas'd married, in the middle of November, 1738, and since that Time, he has used her very ill. On the 10th of October last, he struck her on the left Side, and broke her Lip; the Tuesday after, he gave her a black Eye, and about a Week before she was kill'd, she told me, she was afraid Mr. Jackson would murder her. I charged him twice with using her ill, and he own'd it, and said, he would do so no more. I desired her to come from him, and she did so, but went to him again.

Mr. Macdonnal. I was with the Deceased about a Month , and then the Prisoner used to beat her, and knock her down with his Fist. One Time after he had beat her, he beat me out of the Room, because I told him he would murder her. He had a Hanger, and she us'd to hide it (she said) for fear he should kill her. On the Friday was sevennight , before the Murder, she was going to Mrs. Lee's, and he met her in the Entry, and asked her where she was going? he then struck her across the Nose, and made her bleed sadly.

Thomas Martin . The Deceased came to my House, the Friday Night before she was kill'd, and desired to lie there. She said she had been grosly abused by her Husband a long while, and she could not bear it; she then had two black Eyes, which she said were given her by the Prisoner.

Mr. Lewis, Surgeon. I inspected the Body of the Deceased, and found two Wounds, one on the Forehead, and the other on the upper Part of the Back, which was Mortal, and the Cause of her Death. It had penetrated through the Vertebre, and broke the Ribs. These Shot I took out of the Body, but there are a great many left behind; and I apprehend the Pistol must be held quite close to the Body, to make such a Wound as this; for which I have two Reasons; the first is, if the Pistol had been at some Distance from the Body, the Shot would have seperated, whereas they all went in at one Orifice: My other Reason is, because the Lips of the Wound were actually burnt with the Powder. I believe the Pistol must likewise be held upwards, for the Wound penetrated obliquely downwards, and I think it could not be under his Arm, but even with this Posture.

Mr. Colebroke, Surgeon, confirm'd the above Deposition.

A Witness. This is the Pistol which flash'd in the Pan; it is ten Inches in the Barrel, and loaded 8 Inches deep.

Thomas Levett . I am a Constable, the Prisoner was brought to my House by two Coachmen on the 28th of Nov. he said he believ'd he had killed his Sister, and was afraid she was dead. I asked him how he came to do it, and he said we might hang him, or do what we would with him, for he was afraid the poor Girl was dead.

Ann Day . I fetch'd the Deceased to Mrs. Lee's, but she would not stay for fear he should kill her when she went Home.

Defence.

The Morning before this happen'd, I was going out thinking to receive 30 l. and she went with me, but being disappointed of the Money, I took these Pistols out to Sell, and we went to my Mother's in Clarges-Street to Dinner. I went from thence when I had din'd, and left the Pistols with her, I came again, and as we were going along Piccadilly in our Way Home, it Rained, so I took her to a Tavern, and we dry'd ourselves by the Fire; she then wanted a Coach, and she said, as I had no Money she knew where to sell the Pistols, so I got a Coach, and she directed the Coachman where to stop; and as I was pulling one out of the Bag, it snapp'd, I took the other out by the Head, and that went off; I was quite stupid, and don't remember any Thing afterwards.

Thomas Poole . I h ave known the Prisoner from his Infancy , and never saw any Thing but what was handsome by him.

Ann Poole . The Prisoner and the Deceased dined at our House that Day, and were very loving together; I have been at their House, and never saw her bruised or beat, nor ever heard her complain.

John Dolley . I knew the Deceased before she was married, but I have not seen her above three or four Times since.

William Hare . I work'd with the Prisoner, and he always behav'd very well, I never saw him beat her, and I don't know that I ever heard her complain.

Hester Jackson , the Prisoner's Mother. They lived very lovingly for any Thing I know; I have been at their House, and never observ'd her to be bruised: I did once see a little yellow Speck about her Eyes, but I never asked the Occasion of it.

Thomas Dump . They lived by me about three Quarters of a Year, but I have not seen them these twelve Months.

Arthur White . I have known them about a Year and a half, I never saw her bruised at all that I can remember.

Benjamin Lockyer was called, but could not say any Thing on either Side.

Prisoner. My Wife has often desired a 'Prentice of mine to shew her how to load a Pistol, she has seen him do it, and I believe she loaded these herself. Guilty , Death .

7. Sarah Newlove , was indicted for stealing 6 Pewter Plates, 3 pair of Stays, a Copper Coffee Pot, and other Things , the Goods of James Smith , Oct. 23 . Guilty 10 d.

[Transportation. See summary.]

8. Hannah Hall , was indicted for stealing two Rows of Gold Beads, a Cotton Gown, and other Things , the Goods of Ann Richards , Nov. 9 . Guilty 4 s. 10 d.

[Transportation. See summary.]

9, 10, 11, 12, 13. Thomas Coates , and Thomas Nash , of St. Ann, Black-Fryars , were indicted for breaking and entering the Dwelling-House of Hugh Dixey , between the Hours of 1 and 2 in the Night, and stealing 1 large Pottagepot, value 25 s. 1 Copper Pottage-pot, value 10 s. a Copper Tea-kettle, 30 Pewter Plates, 12 Pewter Dishes, a Copper Warming-pot, a Funnel , a Pewter Gallon Pot, a Box-iron and Heater, a Wooden Box, 6 lb. of Tobacco, and 13 Knives and Forks, the Goods of Hugh Dixey , Nov. 11 . And

Atty alias Hester Walker , Sarah Laxton , and Elizabeth Matthews , for receiving them, knowing them to be stolen .

Hugh Dixey . On the 11th of Nov. between 1 and 2 in the Morning, my House was broke open and robb'd of the Goods mention'd in the Indictment. The Plank which goes a-cross the Cellar Doors where I let down my Beer, was taken up, and another Door which comes into the House was broke open; I am sure all the Doors were safe when I went to Bed, and when I got up in the Morning I found them open, and my Goods were gone.

John Lilliston . On Monday about the 10th Day of last Month, Coates, Nash, and I, went into Black-Fryars , I knock'd at Mr. Dixey's Door, (it was between 8 and 9 at Night) and asked for one Mr. King in White-Fryars ; I saw the Pewter lying on the Shelf, and went to tell the Prisoners, who were on the other Side of the Way, what I had seen, and then we went Home to Sarah Laxton 's in George-Alley, by the Ditch-side; we got a Tinder-Box, and staid there till about one o'Clock, Laxton, Matthews, and Walker, were all there, we were contriving how to get into the House; about one o'Clock we went to the House, and lifted up the Plank of the Window, Coates and Nash took up the Plank, and put me down the Cellar with my Tinder-Box, and they stood at the Top to watch. When I was down I burnt all the Tinder out, and could not get a Light, so I came up Stairs in a Hurry, because I was not willing to stay by myself in the Dark; when Coates found that I had not got a Candle, he gave me a Knock, so I got a Light of a Watchman at the End of the Street, and he and I went down into the Cellar, and Nash stood on the outside; we went up a pair of Stairs which goes into the House, and wrenched a Door open with Coates's Chissel; after that we open'd the Street Door, and let the Prisoner Nash in, I went to pull the Lock Spring back, but I made a Noise with it, so Coates opened it himself; when Nash came in we went into the Bar, and broke a Locker open, but found nothing in it; we then took down all the Pewter, a large Brass Pottage Pot, and another Copper Pot, a Warming Pot, a Tea Kettle, a Box of Knives and Forks, a Pewter Gallon Pot, a Box Iron and Heater, and a Box of Tobacco. After we had taken them, I wrap'd up the Pewter in my Apron, and Nash put them on his Head, the least Pottage Pot we put into a Bag, which we took out of the Cellar, and carried them and the rest of the Things to Laxton's Lodgings. When we came there, Laxton was a Bed, and the Landlord would not let us in; so Bess Matthews came down and open'd the Door with a Poker, we went up Stairs into Laxton's Room, and found Laxton asleep on the Bed; Walker was there at the same Time, the Prisoner Coates and I lay there all Night, and we desir'd Matthews to put the Goods up safe, so she took the Keys out of Laxton's Pocket, and lock'd the Pewter up in the Drawers, the Dishes we put between the Sacking and the Bed, while Laxton was asleep, and the other Things we put under the Drawers. The next Morning Nash came to us, the three Women Prisoners deliver'd the Goods to us, and we mov'd them by Degrees into Fleet-Lane, to one Wilson's , and Coates was to sell them, he got 4 s. earnest for the Pewter, and then he took the Tea Kettle and the Copper Pot, up higher in the Lane, where we used to sell, but they were stopp'd ; the largest Brass Pot, and the Warming Pot, Laxton and Walker sold for us, and they knew very well how we came by them; they brought us 6 s. for the large Pot, and 1 s. for the Warming Pot, and Coates brought us 2 s. for the Tobacco, all which we three equally divided.

Prisoner Coates. Ask him how much was divided?

Lilliston I think it was 4 s. a Piece, they gave me no more,

Prisoner Walker. Ask him whether we had any of the Money?

Lilliston. They sold the Pot as I understand, for 7 s. 6 d and the Warming Pot for 1 s 6 d. and they brought us but 6 s. for the Pot, and 1 s. for the other.

William Boomer . I am Constable of the Fleet Market, and hearing that a * Shop in the Market had been robb'd a I went to the Prisoner Laxton's Lodgings, to search for suspected Persons, I found a great many Goods in the Room, belonging to the Shop in the Market, and these Plates, Knives and Forks; the Evidence, Coates, Laxton, and Matthews were then there. I took Coates away, and he said he knew nothing of the Matter; I went back and took the Evidence, who was then a-bed, he told me of this House of Mr. Dixey's, and his Account of the Fact to me exactly agrees with what he has said now. I found a Pottage Pot, according to his Directions, in Water Lane, and the Prisoner Walker told me, where she had pawn'd the Funnel, the Box Iron and Heater, and said, they were brought in by the Prisoners. When Coates found that Lilliston was admitted an Evidence, he sent for me, and told me that he could make the most Discoveries, and would do it if he could be made an Evidence. This Chissel was brought to me by the Prisoner Laxton, before I carry'd Coates to the Lord-Mayor, and she said it was the same Chissel with which Coates broke the House.

* See the following Trial.

John Paget . Laxton and Matthews brought a large Pot to my House, they asked 12 s. for it, and I gave them seven.

Elizabeth Cluff . I live at Wilson's in Fleet-Lane, some Pewter was brought to our House about three Weeks ago, and I saw it behind the Counter, cover'd with a Sack, but who brought it I can't tell. The Prisoner Coates had 4 s. at our House, but I don't know what it was upon.

Boomer again. The Evidence put Nash into his Information, and several People being after him, he was taken and brought to me.

Coates. I know nothing of what he says; he is a vile Fellow, and says first one Thing, and then another.

Nash. I know nothing of him, nor the Affair; I never saw him above twice in my Life.

Walker. I know nothing of the Matter.

Laxton. I was fast asleep when they came in, and I never sold nothing for them in my Life.

Matthews. I never saw them three Times before they came in that Night.

Coates and Nash, Guilty , Death . Laxton, Matthews and Walker, Guilty .

Thomas Coates , was again indicted for stealing 12 Dozen Pair of Worsted Stockings, 8 Linnen Handkerchiefs, 4 Dozen and 7 pair of Shoe-Buckles, 2 Dozen of Necklaces, and many other Things , the Goods of Richard Owen , Nov. 14 . And,

14. Hester Walker , Sarah Laxton , Elizabeth Matthews , and Elizabeth Mickey , for receiving Part of the said Goods, knowing them to be stolen .

Coates Guilty 39 s. the rest Guilty .

15. Thomas Coates, again , and James Newbury , were indicted for stealing 59 Yards of checqu'd Linnen, value 50 s. the Goods of Aaron Kemp , in his Shop , October 2 , both Guilty 39 s.

[Laxton, Matthews, Walker, Mickey, Newbury:Transportation. See summary.]

16. Aaron Gibbs , was indicted for stealing a Sign Iron, value 5 s. the Goods of Christopher Beaty , Nov. 19 . Guilty 10 d.

[Whipping. See summary.]

17. William Andrews , was indicted for stealing 4 pewter Plates, value 3 s. the Goods of James Morgan , Nov. 3 , Guilty 10 d.

[Transportation. See summary.]

18. Mary Peachum , was indicted for stealing two linnen Quilts, a Blanket, and other Things , the Goods of Anthony Hill , November 29 , Guilty 4 s. 10 d.

[Transportation. See summary.]

19. Richard Quail , of St. Clement Danes , was indicted for assaulting John Glass . the Younger, on the King's Highway, putting him in Fear, &c. and taking from him a Linnen Shirt, value 1 s. a Muslin Stock, value 4 d. a Linnen Handkerchief, value 1 s. the Goods of James Fusan ; a Cloth Coat, value 2 s. a pair of Breeches, val. 1 s. and a Linnen Handkerchief, value 2 d. the Goods of John Glass , October 18 .

John Glass . On the 18th of October, about seven o'Clock at Night, the Prisoner met me on the other Side of Temple-Bar, and asked me the Way to Leicester-Fields. I had two Bundles with me, one on my Hand, and the other hanging on my Shoulder; he had several Times ask'd me to let him carry them; but I refus'd; upon which, when we were come to the Back of St. Clement's Church , he knock'd me down with his Fist, and took the Things from me A Coachman happening to see this, cry'd out, Stop Thief, and a Gentleman pursued, and took the Prisoner. He was brought back to me, to a Colour-Shop by the Church, and I said, if it was the same Man, he had a Ring on his Finger; but I suppose he had conceal'd that. I am positive the Prisoner is the Man, for I saw the Ring on his Finger, and I look'd up in his Face several Times as we were going along together.

- Proctor. I was returning from Goodman's-Fields on the 18th of October, about 5 at Night, and just by St. Clement's Church, I heard a Boy scream out; and I saw the Prisoner run a-cross the Way, and drop this Bundle. I never lost Sight of him, but pursued and took him to the Shop where the Boy was; and before I got with him to the Door, the Boy said, if he is the same Man, he has a Ring on his Finger; he knew him to be the very Person; and when we were before the Justice, the Ring was found in his Pocket under some Half-pence. The Prisoner own'd the Ring to be his, and said that he found it. There was a Lamp not 3 yards from the Place where I saw him drop the Bundle.

Glass. This is the Bundle which was taken from me.

James Fusan . The Shirt, Handkerchief, and Stock belong to me; the other Things I gave to the Boy.

Mr. Brogdon. The little Boy has told the same Story exactly now, as when before the Justice, and has not varied one Word.

Prisoner. I was going through the Strand, there was a great Crowd running, I ran to see what was the Matter, and a Man laid hold of me in the Croud. I am entirely Innocent indeed. Guilty , Death .

20. Michael Harrison , was indicted for stealing two pair of Pattins, value 14 d. the Goods of Sarah Bushnell , Nov. 15 . Guilty 10 d.

[Transportation. See summary.]

21. Turville Lash , was indicted for stealing 81 Pounds of Pot Ashes, value 25 s. the Goods of Matth.ew Shipner , Esq ; November 15 , Acquitted .

22. John Legg , was indicted for stealing 36 lb. of Sugar, value 4 s. the Goods of John Campbell , and David Curry , Oct 23 , Guilty 10 d.

[Transportation. See summary.]

* 23 Robert Legrose , of St. Mary, White-chapple , was indicted (with William Yorke , not taken) for breaking and entering the House of John Clack , and stealing 31 Cloth Coats, value 30 s. 23 Cloth Waistcoats, value 20 s. 13 Cloth Jackets, value 10 s. 13 pair of Breeches, value 5 s. 6 Shirts, value 12 s. one pair of Leather Breeches, value 1 s. and 3 Shifts, value 3 s. the Goods of John Clack , Sept. 17 . And,

* For this Fact Edward Mudder , and Tho Clack , were tryed last Sessions.

24. Margaret Frame , of St. George, Middlesex , for receiving 10 Cloth Coats, 3 Cloth Jackets, and 13 pair of Breeches, Parcel of the said Goods, knowing them to be stolen .

John Clack . My House was broke open on the 17th of Sept and robb'd of the Things mention'd in the Indictment; my Doors were fast when I went to Bed, and when I was wak'd, I found 'em broke in a violent manner. The Lock on the inside was broke, and the Padlock taken off; I lost so many Things, that I was obliged to hire a Cart to bring them here last Sessions.

Valentine Harman. The Prisoner Legrose, one Wood, and two Men that were try'd last Sessions, brought some Cloaths to my House: I live in Rag-Fair and deal in Rabbits, and was going to the Brew-house for Grains, when they came in, with each his Arm full of Cloaths; it was the 17th, of Sept. between One and Two in the Morning. They laid their Bundles down on the Ground, and said one to another: Come, let us go back for some more. I asked where they had them from ? and the Prisoner said, from a House in Rag-Fair; they then went down the Alley, and I call'd up Mr. Studder, and shut him into a Closet, because they should not see him. In a little Time they knock'd at the Door, with each another Arm full of Cloaths, which they threw down on the Floor to the rest; the Prisoner was for going for more, but Clack (who was executed) said, No, let us have some Victuals and Drink first. Aye, said the Prisoner, let us have three or four Shillings worth of Bread and Cheese. I catch'd hold of these Words, and said, I would fetch some. I gave them a Candle, and desired them to go up Stairs; they did so, and I immediately went to the Watch-House for an Officer; we came back and let Studder out of the Closet; and took Madder, Clack, and Wood; but the Prisoner was gone, pretending to fetch his Wife. We carried them to the Watch-House, and the Prisoner having told me there were as many more Cloaths at Carlow's, as at my House, we went there, and knock'd at the Door; the Prisoner Frame, came to the Door, and said, she could not find the Key; I look'd through the Key-hole, and saw the Prisoner Legrose go out at the Back Door, and then we were let in. I look'd down the Cellar Stairs, and saw a great many Cloaths which the Prosecutor own'd to be his; he came to us soon after we had secur'd those three Men.

Thomas Studder confirm'd the above Evidence.

Clack, again. When I was call'd out of Bed, I went to the House where that Gentlewoman who stands at the Bar lives, and we demanded Entrance; she kept us some time at the Door before she would let us in, and when we did get in, I saw a great many of my Cloaths on the Cellar-stairs.

Harman. Mrs. Carlow, was at that Time gone to France, and the Prisoner Frame , was left to take Care of the House.

Prisoner Frame. I desire the Prosecutor may be ask'd, whether he found any of his Cloaths in my Room?

Clack. I don't remember that I was in her Room.

Harman. I am positive it was the Prisoner Frame that kept us out, for I saw her thro' the Key-Hole, and the Yard-Door was open, but I can't say that she knew of the other Prisoner's going out.

Frame. I waited in the Room with his Witnesses all the last Sessions, and he said my Name was never mentioned; I drank Part of two full Pots of Beer with him.

Clack. I did mention her Name here several Times; and as to drinking with her, I don't know but I might drink a drop of Gin with her.

The Constable. I had Legrose's Commitment from Justice Fowke to bring him to Newgate, and in the Way thither I told him he had better have gone abroad; but he said, D - n it, it is too late now, but I wish I had the old Rogue (the Prosecutor) in my Place. He desired that I would speak for him, that he might be put in the same Place with his Accomplice Madder.

Legrose. I know nothing of what is alledged against me.

Frame. I was to have 2 s. a Week for looking after this Woman's House; I never saw this Man till I saw him in Prison .

The Revd Mr. Guthrie. The Prisoner Frame liv'd with me as a Servant two or three Years, and I never heard but that she was an honest Woman.

Richard Yeomans . I have known her between five and six Years; I never heard any Ill of her, but she always behav'd herself well.

Margaret Cray . She has been an honest Woman ever since I have known her; I was her Bail, and do not think that she would receive Goods knowing them to be stolen.

Legrose Guilty , Death . Frame Acquitted .

25, 26 Samuel Stark , and John Ozell , of St. George, Hanover-Square , were indicted with ( John Champion , and Laurence Price not taken) for that they not having God before their Eyes, &c. on Hugh Montgomery , in the Peace, &c. feloniously, &c. did make an Assault, and that Samuel Stark with a certain drawn Bayonet, made of Iron and Steel, value 1 s. which he had and held in his right Hand, on the left Side of the Breast, near the short Ribs of the said Montgomery , &c. did strike and stab, giving him then and there, &c. one mortal Wound of the Breadth of half an Inch, and Depth of five Inches, of which he instantly died; and that John Ozell , John Champion , and Laurence Price were present, assisting, comforting, and maintaining him the said Stark, the Murder, &c. to commit and do , Dec. 10 .

Stark was a 2d Time indicted on the Statute of Stabbing.

He was a 3d Time indicted by Vertue of the Coroner's Inquisition for feloniously slaying the said Montgomery .

Capt. Carrel . We had Orders about last June, to raise 200 Men for the Service of the Government, we were recruiting very fast, the Savoy was full, and likewise Tilbury-Fort , so the Deceased took a House in Bond-Street, to put my Men in, and being confin'd to my Bed, I left the Care of the House to him, and always thought him a very active, careful Man.

Thomas Cliff . On the 3d of Dec. between 11 and 12, I was at this House where the Recruits are kept, in Ducking-Pond Alley , in Bond-Street . The two Prisoners, and two other Soldier s knock'd at the Door, Ozell for one Sturges; I let him in, and going to but the Door, the other three forced in. They sent for a full Pot of Beer, and called Sturges down; Stark immediately took him by the Collar, and said, G - d D - n you Sir, you are my Prisoner, and pull'd out his Bayonet, and stuck it into the Door Post. I then called Mrs. Crosley, and she said, there were 38 Men in the House, and if they were let out they could not make them good; but Stark said, that Sturges was a Deserter, and they would take a Deserter any where. I desired the Woman to go for the Deceased, or some Officer, they staid a good while, and the Deceased came; I told him that they wanted Sturges away; he then drew his Hanger and went in, and said, Gentlemen, what do you do here? He put his Hanger up before he came into the Prisoner's Sight, and bid me put them out of Doors. They all went away except Ozell, and the Deceased kept striking them with his Cane all the Way down the Steps, and as he was turning about to come in again, with his Cane under his Arm, Stark drew his Bayonet, and stabb'd him under the left Pap. The Deceased immediately said he was killed; he was carry'd in Doors, and died in about 10 Hours. I pursued the Prisoner Stark, and took him about 200 Yards from the House, and when I came back with him, Ozell was standing by the Fire Side, and did not offer to do or say any Thing. When the Deceased came first into the Room, they were all standing with their Backs to the Fire, and he bid them go along, they mutter'd something, and he then can'd them out.

Stark. On Wednesday last I met with Champion, Ozell, and Price; they asked me to go and assist them to take a Deserter, I went with them, and thought it had been an Ale-House; Sturges came down and they seized him; I own I drew my Bayonet, but it was to keep the Deserter in the Room; we all sat down, and were very easy till the Deceased came in, and then he drew his Hanger, and struck me several Times; he came out of Doors and beat me, and I can't say but that I did take my Bayonet when his Blows came so fast, for I was afraid he would cleave me down.

Stark Guilty Manslaughter . Ozell Acquitted .

[Branding. See summary.]

27. 28. James Maccartney , and Ann Smith , were indicted for stealing a Piece of Linnen, val. 4 s. 6 d. a pair of Worsted Stockings, valu e 5 s. the Goods of Thomas Stokes , in his Shop , November 1st .

Elizabeth Stokes . On the 1st of November the Prisoners came into my Shop in Covent-Garden ; I shew'd them Handkerchiefs first, and afterwards Stockings.

Prisoner, Maccartney . Pray Madam don't laugh; it is not proper when People take an Oath to laugh.

Mrs. Stokes. While I was shewing them these Goods, I saw the Woman stoop down twice below the Counter; I suspected that they had stole some thing, so I counted over my Parcels, and miss'd a pair of Stockings; I call'd out to a Person in the next Room, and the Prisoners were going out of the Shop, but hearing me cry out, they returned, and dropp'd the Pair of Stockings which I miss'd, on the Ground; after they were gone, I missed another Pair, and this Gentleman ran after them and took them.

John Phillips I took the Woman, and saw her drop the Linnen in the Street, it was a Piece of Handkerchiefs.

Ann Bird . I saw the Woman drop the Handkerchiefs .

Prosecutrix . The Man Prisoner bid me three Shillings for a pair of Stockings, and when he was searched before the Justice, he had but 2 s. in his Pocket.

Prisoner, Smith . I never offer'd to touch, or look at any Thing.

Maccartney . Let her tell the Truth before the whole Congregation; - I had 11 s and 6 d. in my Pocket. Both Guilty 4 s. 10 d.

[Transportation. See summary.]

29. Ann Hicks , was indicted for stealing a silver Spoon, value 10 s. two linnen Aprons, value 18 d. a quilted Petticoat, value 4 s. and other Things , the Goods of Sarah Cook , October 29 , Guilty, 4 s 10 d.

[Transportation. See summary.]

30. Sarah Hudson , was indicted for stealing 3 Pounds and a half of sewing Silk, value 3 l. the Goods of Thomas Parting , in his Shop , Oct. 20 Guilty, 4 s. 10 d.

[Transportation. See summary.]

31, Hannah Davis , was indicted for stealing a linnen Table-Cloth, value 2 s. 6 d. the Goods of the Right Hon. the Lord Chief Justice Lee , Oct. 17 . Acquitted .

32. Richard Foster , was indicted (with John Kent , not taken) for stealing 12 Pieces of Shalloon, 4 Holland Shirts, 2 Cambrick Handkerchiefs, a pair of Worsted Stockings, and four Cambrick Stocks , the Goods of Michael Futcher , Oct. 15 . Guilty 4 s. 10 d.

[Transportation. See summary.]

33. Catherine Grice , was indicted for stealing a silver Stock Buckle, value 4 s. 6 d. and 2 s. 6 d. the Goods and Money of Mary Butler , September 22d , Guilty 10 d.

[Transportation. See summary.]

34. Dorothy Cooper , was indicted for stealing 2 Yards of Brussels Lace, and a Cambrick Apron; the Goods of the Lady Stewarta Shirley ; a pair of Thread-Stockings, and other Things; the Goods of the Lady Francis Shirley , Nov. 3d , Guilty, 10d.

[Whipping. See summary.]

35. William Oliver , was indicted for stealing 160 lb. of Pepper , the Goods of the . Oct. 15 .

He was a 2d Time indicted for stealing 320 lb. of Pepper , the Goods of the same, Sept. 30

The Counsel for the Prosecution having open'd the Indictment, and the Nature of the Evidence, the Witnesses were called.

Joseph Burges . In September last was Twelve-months, the Prisoner and I, and another, were on board the Thomas and Mary Hoy , of which the Prisoner was Master. We went down the River to an Indiaman, to take our Loading, and when we came up to Botolph Wharf , the next Witness, and one Greenwood, were put on Board us, as Watchmen. There were a great many Bags of Pepper in the Hold, and we came to an Agreement to take a little, so I opened the Hold Doors, and Greenwood and I went down; we took at that Time about 200 lb. Weight out of the Company's Bags; the Prisoner was at that Time keeping a Look-out on Deck, and he knew what we were about. We put the Pepper into two Bags, and got it into the Cabbin; and the Prisoner and Clowes haul'd it out on Deck. The next Night we took 130 lb. and put it into two Bags which we had of Mr. Ridout; and after we had got it on Deck, the Prisoner and Clowes handed it into the Boat to us. We carried it to Ridout's, and I saw one Bag started into his Cellar; it was carried in at his Back-Door between 9 and 10 at Night, and he paid us for it. The Prisoner did not go with us in the Boat, but came to us by Land; he was present at the paying of the Money, and receiv'd his share of it.

Prisoner's Q. Who had the Keys of the Cabbin?

Burges. They hung up always on Deck.

Prisoner's Q. If any of these Goods which are taken in should be lost, who is to stand to the Damage?

Burges. I can't tell, - the Master I suppose.

Samuel Clowes . I know the Prisoner very well. About the latter End of September, in the Year 39, I was boarded on the Prisoner Oliver's Hoy; and about 8 or 9 in the Evening, Burges opened the Hold Doors, and fill'd 2 Bags of Pepper; the Prisoner and I haul'd them on Deck, and help'd to put them into the Boat . I did not go with them, for I and the Prisoner went by Land. When we came to Ridout's , they had weighed the Pepper, and were casting up what it came to; I think it was 32 l . I took 5 l. for mine, and my Partners Shoes , and I saw the Prisoner and Burges take theirs . I staid there to drink part of some Punch, and then went away. The Pepper was lock'd up in the Hold, and the Keys were given to the Company ; but I believe these were private Keys with which Burges opened the Doors.

Mr. Day. On the 12th of Sept. the Company's Ship Scarborough, came to her Moorings, and was reported at the Custom-House; on the 22d the Thomas and Mary Hoy came up from her, loaden with Pepper and other Goods. I don't know exactly how many Bags there were.

Councel. What Method is taken in locking up these Goods on Board the Hoy?

Mr. Day. The Commander locks up the Hatches, and the Keys are sealed up and given generally to the Husband of the Ship. This is done to prevent any one from getting at the Cargo; and the Captain of the Ship sends up an Impression of the Seal which he intends to use.

Councel. Have the Company ever suffer'd by losing their Goods before?

Mr. Day. Yes, they have been very great Sufferers.

Mr. Foster. At the Arrival of the Ships, they lighten at Long-Reach or Erith; the Captain reports at the Custom House, and an Entry is made, that the whole Cargo may go out at once. It appears by the Register, that Greenwood and Clowes were at this Time on Board the Thomas and Mary Hoy , but Greenwood has absconded from his Duty, although he has given Security for the Performance of it.

Councel to Burges. How many Bags were open'd to take out this Pepper?

Burges. I believe 16 or 18; they were ty'd at the Corners with Twine .

Charles Cheney . I am Owner of the Hoy of which Oliver is Master. There are several Doors, all lock'd with the Company's Locks, and I believe they have a particular Key to each: but my People have no Right to go into the Hold; they only unlock the Hatches, and the Company's Porters sling the Goods out.

Guilty .

The Evidence to support the 2d Indictment was the same in Effect as the former, and the Jury found the Prisoner Guilty of that likewise.

[Branding. See summary.]

36, 37. Charles Little , and John Kilby , were indicted for stealing 40 lb. of Pepper, value 2 l. 10 s. the Goods of the united Company of Merchants trading to the East-Indies , July 15 .

They were a 2d Time indicted for stealing 18 lb. of Tea, value 6 l. the Goods of the same, July 13 .

Both acquitted of the first Indictment , Guilty of the 2d 4 s. 10 d.

[Branding. See summary.]

38. Thomas Ridout , of St. John Wapping , Grocer , was indicted for that at a Sessions of Goal-Delivery , &c. at Justice-Hall, in the Old-Bailey , on Thursday the 4th of Dec. before the Rt. Hon. Humphry Parsons, Esq; Mayor of the City of London, &c. &c. William Oliver was by due Course of Law convicted for that on the 30th of Sept. 320 lb. wt. of Pepper, the Goods of the united Company of Merchants trading to the East Indies , did steal, &c. and that afterwards on the 30th of Sept . he the said Ridout, the said Pepper did receive and have, &c. knowing it to have been stolen .

He was a 2d Time indicted for receiving 160 lb. of Pepper, knowing it to be stolen .

The Councel for the Prosecution set forth, that the Crime with which the Prisoner stood charg'd, was of the most heinous Nature; that it is owing to such Persons that so many Enormities are daily committed; and unless there were People to receive Goods from Offenders, there would consequently be fewer, &c. &c.

The Record of Oliver's Conviction being read, the Witnesses were called.

Joseph Burges . I know the Prisoner very well.

Councel. Was you concern'd in this Hoy?

Burges. Yes , I was Mate of her; we had a Loading of Pepper from an East-India Man, in Sept. last was twelve Months.

Councel. Give an Account where you saw the Prisoner, and what passed between him and you?

Burges. He came to us at Botolph Wharf , and beckon'd me on Shore; when I came to him, he asked me what Craft we? I told him Pepper, he then asked me if he could Trade with me? I said I did not know till I saw what Officers would be put on Board us. He asked me how we got into the Hold? I told him we had Keys, but I had no Bags to put any Thing in; he said if I would go Home with him, he would give me Bags; I accordingly did, and he gave me two Bags, which we filled with the Company's Pepper . After we had filled them, we put them into the Boat, and carried them in at the Prisoner's Back Door, at Wapping New-Stairs, and he paid us for them.

Councel. What Time of Night was it that you carry'd the Pepper to his House?

Burges. It was between 9 and 10 at Night, and quite dark.

Councel. Can you tell the Quantity?

Burges. Each Bag contained 112 lb. but the Prisoner struck off some for Dirt and Tare.

Councel. Who took the Pepper from you out of the Boat?

Burges. Mr. Ridout himself was at the Door, he receiv'd it from us, and paid us 10 l. for it. After he had weigh'd it, he put the Pepper into a Tub, and gave me one of the Bags again to get some more; and the next Night we got 130 lb. Wt.

Councel. Who was this 10 l. paid to?

Burges. Clowes took his own and his Partner Greenwood's Shares ; I took mine, and Oliver his, we had 50 s. piece .

Councel. Was there any Bill of Parcels made?

Burges. No, I never saw any.

Councel. Did Ridout pay you the Money himself?

Burges. Yes, and he was in the Room when we divided it.

Prisoner Q. You say you told me, that you had the Keys of the Hold; where was it?

Burges. It was ashore on the Key; and there was no body but us two present; it was the same Night as we came up, and we took the Pepper directly.

Prisoner's Q. Who put the Pepper into the Bags?

Burges. Greenwood and I; the Master of the Vessel, and the other Officer haul'd it into the Cabbin.

Councel How much was allowed for Dirt and Tare?

Burges. Twelve Pounds.

Councel. Where was the Pepper weigh'd?

Burges. It was weigh'd in his Warehouse, where his great Scales hang.

Councel. Did any of his Servants assist him in weighing it?

Burges. No, there was none of the Family present but himself.

Prisoner's Q You speak of a Back-Door; is it not a common passage to carry in all Goods that come by Water?

Burges. I can't tell; I know they do carry in Goods there, and they call it a Back-Door.

Prisoner's Q Is it not a common place?

Burges . I never carry'd Goods in at any other Door.

Prisoner's Q. On your Oath, did you never declare to any body that this Pepper was run?

Burges. No, I never said so in my Life.

Councel. Was you in the Service of the Company then?

Burges. Yes, we had our Loading from one of their Ships, and this Pepper was taken out of our Hold at Botolph Wharf, where we lay sometimes 2 or 3 Days before any body come to touch our Goods.

Samuel Clowes . About the latter End of Sept. in the Year 39, I was boarded on the Thomas and Mary Hoy , which was loaden with Bags of Pepper. About 10 at Night, Burges open'd the Hold Doors, and fill'd 2 Bags; they were carried to Ridout's House . I did not see him fill the Bags; but there was no body but him and Greenwood below; they were put into the Boat, and I and Oliver walked down by Land to Ridout's, where I saw him pay 10 l. and I suppose on Account of the Pepper. The Money was equally divided amongst us , and the Prisoner said he should be very proud of such another Freight.

Councel. Who was present at that Time?

Clowes. There were Burges, Oliver, and myself.

Councel. Did you hear any Discourse about the Price?

Clowes. No; the Pepper had been weigh'd, and carry'd away before I got there; but I saw the Prisoner pay the Money, and I believe he was present at the Division of it.

Councel. Were any of his Apprentices or Servants present?

Clowes. No, I saw none, - in my Opinion it seem'd to be a private Transaction.

Councel. Was there any Receipt given for this Money?

Clowes. No, not that I saw.

Councel . Did you drink any Thing at the Prisoner's House?

Clowes. Yes, we had some Punch, but we paid for it ourselves.

Prisoner's Q. Did not you pretend that this Pepper was a Perquisite ?

Clowes. No, I never said so.

Prisoner's Q. You say that Burges put the Pepper into the Boat; who went with him?

Clowes. There was no body but Burges and Robinson in the Boat.

Prisoner's Q. Who paid for the Punch?

Clowes. Mr. Ridout sells Liquors; we treated him with the Punch, and paid for it among our selves.

Councel. How many Bags were open'd, to take out this Pepper?

Clowes. I can't tell; - I was walking on Deck with Oliver at that Time.

Burges. About 18 or 20 were opened; we took about 8 or 10 lb. out of each Bag, and sew'd them up again.

Matthew Robinson . I went in the Boat with the Pepper.

Councel. Where did you carry it?

Robinson. To the Prisoner's House, at Wapping-new Stairs.

Councel. What Time of Night was it?

Robinson. I can't exactly tell the Hour; but it was dark.

Councel. When you came to the Prisoner's House, who took the Pepper out of the Boat?

Robinson. Burges took it out of the Boat, and carried it in at the Back-door.

Councel. Did you go into the House with Burges?

Robinson. Yes; I went in, and the Prisoner gave me a Dram, and sent me about my Business, to take Care of the Boat.

Councel. I would ask you whether there were any People at Work on the Keys?

Robinson. No, when we carried the Pepper away, the Porters had done Work on the Keys.

Prisoner's Q. Who paid you for your Boat?

Robinson. It was not my Boat; - that belong'd to the Hoy.

Councel. We shall now shew, that Greenwood is not to be found, although the Strictest Enquiry has been made after him.

Mr. Foster. I am one of the Inspectors of the River; and it is my Business to see that the Tidesmen do their Duty. I find by the Register, that these 2 Men Clowes and Greenwood were at this Time boarded as Watchmen, on the Thomas and Mary Hoy .

Councel. Please to give an Account what Enquiry has been made after Greenwood?

Mr. Foster. Since the Discovery of the Hoy's being robb'd, the strictest Search has been made after Greenwood, but to no purpose; and he has absconded from his Duty ever since, although he has given Security for the Performance of it. This Warrant in my Hand is against him - I received it from Sir William Billers

The Warrant was read.

Mr. Gambier Sworn.

Councel. What was the Price of Pepper in Sept. Sale, 1739.

Mr. Gambier. In that Sale, the Company's Pepper sold from 10 d 78ths, to 11 d. farthing the Average was above 11. They allow the Buyer 6 l. 10 s. Discount, and likewise the home Consumption Duty, which is about 4 d. per lb. so that in the whole Bag it might come to a Groat less than 12 d. per lb.

Councel. What was it worth at that Time, every Duty paid?

Mr. Gambier . The nearest Computation that can be made, is 14 d. farthing, it was worth so much at that Time, Duty paid .

Councel. Suppose a Man had come to you, and offer'd you Pepper at 12 d. per lb. what should you have thought of it?

Mr. Gambier. If Pepper had been offer'd me at 13 d. per lb. I should not have thought it honestly come by.

Councel. Is there a large profit on this Pepper?

Mr. Gambier. In the Wholesale Way, there is not a half-penny per lb I believe all the Year round.

Councel. How much is generally allowed for the Tare of each Bag ?

Mr. Gambier. The Company allow 15 lb. for the Tare of a Bag of 112 lb. for a Bag of 100 lb. 12 lb. Tare is too much.

Prisoner's Q. Suppose the Pepper had been damaged, or put into foul Bags, what then?

Mr. Gambier. Damaged Pepper will not bear the price of good to be sure; but putting it out of one Bag into another will not hurt it, provided it does not come to any Wet, and the Pepper be found at first.

Prisoner's Q. Is there not a great deal of Waste and Dirt in this Pepper?

Mr. Gambier. In the last Sale, 5400 Bags of Pepper were sold, and out of those, there were 116 Bags of Dust; but these Bags of Dust do not weigh so much as Bags of Pepper, although they are of the same Size

Mr. Robert Day . The Scarborough Pepper in 39, after it had been sitted sold for about 11 d. Farthing to 3 8ths per lb. and I believe it might amount to about 14 d, Farthing Duty paid.

Mark Hudson . Mr. Torin sold Pepper after the Company's Sale in Sept. was 12 Months , for 11 d. per lb. and the Buyer paid the Duty, but we never buy any but for Exportation.

It was here urg'd on the Part of the Defendant, that Oliver in Point of Law could not be deem'd a Principal; but that in Order to have brought the Defendant to Trial, Burges and Robinson, who were principally concern'd in stealing these Goods, should first have been convicted, &c. &c.

Defence.

Prisoner. I had known Burges some Years, and believ'd him to be a very honest Man; I have bought China Bowls and Handkerchiefs of him, and when I bought this Pepper, I thought it might be run, but could not think it was stolen; if I had, I never should have given 1 s. per lb. for it. My Servants will make it appear, that I bought it full of Dust; they brought it to the fore part of the Shop to clean, and I sold it again for 13 d. Half-penny per lb.

- The Prisoner's Sister. I remember there was some Pepper brought in at the Back Door, about 8 or 9 at Night; the next Day it was carry'd into the publick Shop, and clean'd; - there were a vast many Stones and Dirt in it.

Prisoner's Q. Did it look like a private Transaction?

The Witness. No; I saw one Bag weigh'd, and it was emptied into some Casks in the Shop, which stood next the Street; - the Shop was not shut up, neither fore Door, nor back Door.

Prisoner's Q. Is not this Door a common Passage for Goods?

The Witness. Yes; all the Goods we ship off, or receive by Water come to this Door.

Councel. Did you see Burges bring these Bags?

The Witness. No: I can't say who brought them.

Councel. Does your Brother use to receive Goods in at this Door, at 9 o'Clock at Night?

The Witness. Yes; according to the Time of the Tide.

Councel. Do you know whose Bags those were which were brought to your House, - are they your Brother's?

The Witness. I can't say they are; I saw no Mark on them?

Alice Obermore . I was Servant to the Prisoner at the Time when this Pepper was brought. I can't say what Time it was; but it was brought in at the back Door, - as publickly as other Goods, and the next Day it was carry'd into the Shop and clean'd for Sale.

Councel. Did you see it weigh'd?

Obermore. Yes, but I can't tell the Weight of it - I did not take much Notice of it.

Councel. Where was it weigh'd?

Obermore. In the same Place with all the large Goods.

Councel. There was some Punch carry'd in, where was that?

Obermore. It was in a Room joining to the publick Shop, and after the Money was paid.

Councel. How much Money was there paid?

Obermore. I can't tell how much, but I saw it paid down.

Prisoner's Q. Was this done in a private Manner?

Obermore. No, it seem'd to be as publick as all the rest of his Dealings.

Councel. Did you see Burges and Oliver there?

Obermore. Yes, but I can't remember that I saw Clowes.

Councel. Who divided the Money?

Obermore. I can't tell, - I was in and out, and did not take much Notice.

Councel. How many Persons partook of the Punch?

Obermore. I can't say, - I remember only Burges and Oliver.

Councel. Do you remember your Master's giving a Dram to any Body?

Obermore. The Lad came in, and I believe my Master did ask him to drink a Dram, and Oliver sent him about his Business.

Councel. Do you know how much your Master was to give for the Pepper?

Obermore. A Shilling a Pound, I believe.

Councel. I would ask you, whether there is not a fore Shop, a back Shop, and a Room between?

Obermore. Yes, there is a Door to keep the Air out, but it was wide open.

Councel. Where do the Casks stand which this Pepper was emptied into, in the fore Shop or the back Shop?

Obermore. In the fore Shop, just by the Door.

Councel. Where was it weigh'd?

Obermore. In the back Shop?

Prisoner's Q. Are there any other great Scales beside those in the back Shop?

Obermore. No, none that will weigh 100 wt. of Goods.

Councel. Were any of your Master's Servants present at the weighing of the Goods?

Obermore. No, he had no Apprentice, nor Journeyman at that Time; he used to serve in the Shop himself.

The Prisoner's Sister again. I used to serve when my Brother was out , and used to sell this Pepper for 14 or 15 d. per lb. and by the Ounce for five Farthings, after it was clean'd .

Mr. Marlow. I bought Pepper of the Company in September was Twelve-months, from 10 d 78ths , to 11 d. 1 8th per lb. 6 and a half per Cent. Discount; which reduces the price to 10 d. Farthing; the Duty is near a Groat.

Prisoner's Q, Suppose you should buy Pepper unclean'd, would you give 1 s. per lb. for it?

Mr. Marlow. I never buy any unclean'd.

Councel. What would you say, it a Person brought you Pepper for 12 d per lb.

Mr. Marlow. It might not be worth the Money .

Councel. I speak Sir, of that Pepper in Sept. Sale, 39, what should you think if it was offer'd you for 1 s per lb.

Mr. Marlow. I would not have bought it at all, for I should have thought it had been run, or -

Councel. Or what?

Mr. Marlow. Or otherwise come by.

Councel. This Pepper was weigh'd; could the Prisoner be a Judge whether it was worth 15 d. or 12 d. per lb.

Mr. Marlow. Yes, I think so. I have known the Prisoner a great many Years; he always bore the Character of a fair Dealer, therefore I don't think he would buy Goods knowing them to be stolen.

Mr. Shippey. I have known the Prisoner 5 or 6 Years; and he always bore the Character of an honest fair Dealer.

Mr. SHERIFF Marshall. I have known him a great many Years; he always behav'd as an honest Man, and I never heard his Character call'd in Question.

Mr Roberts, Mr. Camden, Mr. White, Mr. Neaves, Mr. Burnet, Mr. Pool, Mrs. Ridout, Mr. Earle, Mr. Clarke, Mr. Windsor , Mr. Priestly, the Rev. Mr. Wilson, and Mr. Hudson, gave the Prisoner the Character of a very honest Man, and did not believe that he would buy Goods, knowing them to be stolen

The Jury withdrew, and after a short Stay, return'd and brought the Prisoner in Not Guilty .

He was likewise acquitted on the second Indictment .

39. William Wilson , was indicted for stealing a Silver Tankard, value 4 l. the property of George Atkinson , in his dwelling House , Nov. 30 . Guilty 39 s .

[Transportation. See summary.]

40 Ann Caffey , was indicted for stealing a Damask Table Cloth, value 3 s. 6 d. a Scarlet Cloth Cloak, value 3 s. a Man's Hat, value 4 s. a Muslin Apron, value 2 s. 3 Linnen Shifts, val. 3 s. 6 d. the Goods of John Lowther , October 2 , Guilty 10 d.

41. James Roice , was indicted, for that he on the 1st of Nov. in the twelth Year of the Reign of his Majesty, William III . at South Mims, in the County of Middlesex, and Marry Ann Mason ; and that afterwards, to wit, on the 15th of August , at the Parish of St. Sepulchre , to Wife took Elizabeth Lawrence , his former Wife being then in full Life .

Michael Jorddan . I am above 80 Years of Age, and can remember that I gave away Ann Mason, to the Prisoner; they were married at South Mims , by a Parson on the Church of England, and the whole Ceremony was said over. The Prisoner and Mason afterwards lived together as Man and Wife, and might have lived very well if he had not been a Rascal. They lived together 10 Years I believe, and I am sure she is alive, for I saw her just now, and I will swear that she is the Person whom I gave away 40 Years ago, to the Prisoner at South Mims .

Mr. Justice Wroth. When the Prisoner was before me, he kis'd her, and call'd her his Wife several Times. Acquitted .

41. Mary Bull , was indicted for stealing a Cloth Waitcoat, value 5 s a Pair of Boots, value 2 s. a pair of Worsted Stockings, value 12 d. and other Things , the Goods of John Ford , Nov. 20 , Guilty 4 s. 10 d .

[Transportation. See summary.]

42 William Williams , was indicted for stealing 2 Learner Saddles , value 40 s. a Woman's Saddle Cloth, value 2 s. 2 Sasiogales , and a Leather Bridle , the Goods of Robert Staples ; a Leather Saddle, and a pair of Srrups the Goods of Robert Vandrey , in the Stable of Robert Staples , November 19 , Acquitted .

43. Ann Paxton , was indicted for stealing 2 pair of Pillowbiers, 4 Bed-Curtains, a Brass-pot, and other Things, the Goods of Robert Headly , in a Lodging , October 21 , Acquitted .

44. Dorothy Haines , was indicted for stealing a Cambrick Apron , value 5 s. a Muslin Handkerchief, value 6 d. the Goods of Harry Lee , Esq ; Nov. 2 , Acquitted .

45. Sarah Allen , was indicted for stealing 4 Blankets' a pair of Sheets, a Crape Gown, 5 Linnen Shifts , and other Things , the Goods of Ann Crisley , Oct. 19 , Acquitted .

46. Daniel Flexman , was indicted for stealing a Copper Coffee-pot , the Goods of Mary Houghton , and 2 pewter Pots, the Goods of Alexander Gardner , Nov. 26 . Acquitted .

47 Elizabeth Goodman , was indicted for stealing a Cotton Gown, 2 linnen Aprons , the Goods of John Cotterell , Sept. 11 . Acquitted .

48. Hannah Prince , was indicted for stealing a silver Spoon, 2 silver Watches , a Cotton Handkerchief, the Goods of Nicholas Blind , and divers other Goods, of Persons unknown , Novem. 20 , Guilty 4 s. 10 d.

[Transportation. See summary.]

49. Sarah Dicky alias Johnson , was indicted for privately stealing 5 s 6 d. the Money of Elizabeth Agar , from her Person , Nov. 22 .

Acquitted .

50. Patrick Long , was indicted for stealing 1 Book, called Histories and Novels by the late Ingenious Mrs. Behn, 1 other Book called , Letters from a Persian at London, to his Friend at Ispahan, 1 other Book called, A Journey from Aleppo to Damascus , with a Description of those two Capital Cities. and the neighbouring Parts of Syria , the Goods of John Roland , Nov. 19 .

Guilty, 10 d.

[Transportation. See summary.]

51. Ann Dunstan , was indicted for stealing 2 Guineas, the Money of Richard Knowles , in his Dwelling-house , Oct 17 .

Mr Knowles. The Prisoner was my Servant . On the 17th of Oct. she was sent up Stairs by my Wife, and when she came down again I missed my Money; she went out of Doors, and I took her in Chick Lane, with a Guinea and half in her Pocket, which she confessed was part of my Money.

Guilty, 4 s. 10 d.

[Transportation. See summary.]

52, 53. Avery Joice , and Thomas Nichols , were indicted for stealing 11 Geese, value 30 s. the Goods of George Thomlinson , Nov. 30

Both Acquitted .

54, 55. Francis Simmonds , and Ann Fuller , were indicted for stealing a Camblet Gown, 16 Linnen Caps, 3 Linnen Shirts, 1 Cambrick Handkerchief, 1 Linnen Shirt, and a pair of Leather Breeches , the Goods of Thomas Hannam , Nov. 20

Both Guilty, 4 s. 10 d.

[Simmonds: Transportation. See summary.]

[Fuller: Branding. See summary.]

56. John Crow , of St. George Bloomsbury , was indicted for marrying Mary Ludford , his former Wife Mary Poole , being living , Aug.26 .

Bridget Parker I saw the Register at the Fleet, and the Names of John Crow and Mary Poole in it.

A Woman. I was not at the Wedding, but I receiv'd this Certificate from the Fleet.

It was read.

'' John Crow , married to Mary Poole , at the '' two Fighting Cocks , the middle of Fleet-Lane , '' according to the Ceremonies of the Church of '' England; as appears by the Register in the Custody '' of Michael Picket . '' John Evans , Minister.

There being no legal Evidence against the Prisoner, he was acquitted .

57, 58. Elizabeth Wood alias Thomas, alias Williams , and Mary Riley , of St. Mary le Strand , were indicted for privately stealing a Silk Purse, value 1 d. a 3 l. 12 s. Piece, a Moidore , and 1 Guinea, the Money of Samuel Challoner , from his Person , Oct. 22 .

Challoner. On the 22d of Oct. I was going to my Lodgings, and met these two Women near Catherine-Street End; they asked me to give them a Glass of Wine, so I carry'd them to the Swan Tavern in the Strand; we had two Pints of Wine among us; and after that I went with them to their Lodgings in Eagle-Court , and there was some Liquor brought in a Pewter Pot, but I would not drink any. It was a dirty sort of a Room, and I did but just sit down, for I had not been there a Quarter of an Hour, but I perceiv'd Wood very busy about me; I put my Hand into my Pocket, and missed my Money. I am sure I had my Money when I went into the Room, for I felt it in my Pocket. When I found that I had lost my Money, I made a Noise, but Wood swore, she was a Woman of Credit, and had it not. I went away for that Night, and the next Morning, my Purse and part of my Money were brought me by a little Boy of Riley's. When they were before the Justice, they confessed that they had the Moidore, and the 3 l. 12 s. but said they knew nothing of the Guinea.

Prisoner. We never own'd that we had the Money, he was in Liquor, and was very free with us.

Challoner. I was not; it was between 6 and 7 when I was with them, and by 7 I was at my own Lodging .

William Lord . I live at the Swan Tavern , and remember two Women's coming in with this Man, they had two Pints of Wine, and went away together. I was with them some part of the Time that they were before the Justice, but I did not hear them confess any Thing.

Prisoner Riley. I have nothing to say, - I never saw any Money, nor Purse; and as for confessing, - I never open'd my Lips.

Sarah Knight . I am Servant in this House in Eagle Court, and after the Gentleman was gone, I went up Stairs to make the Bed, and found a Purse on the Bed, with a Piece of Money in it, - they said it was 3 l. 12 s. Piece, but I never saw such a one in my Life before; I gave it to my Mistress and she gave it to Riley's Son. - I had made the Bed before; but they had tumbled it so much, that I was obliged to make it again.

Mary Poole . I lodge in this House in Eagle-Court, and this same Night came Home from Work between 10 and 11 o'Clock; the last Witness desired me to help her in making the Bed, and in pulling off the Cloaths, we found a Green Purse, and 3 l. 12 s. in it; and what became of it afterwards I can't tell.

Both Acquitted .

59, 60. John Glew Gulliford , and Herbert Blackburn , were indicted for stealing 8 Pieces of Velvet, made up for the Furniture of a Hearse and 5 Horses, value 12 l. the Goods of William Hazledine , in his dwelling House , Nov. 5 , both Guilty 39 s.

[Transportation. See summary.]

61. 62. William Phillips , and John Davis , were indicted for stealing a Copper Tea-kettle, 3 Brass Pot-lids, 2 old broken Cocks, an old Brass Candlestick, an old frying-pan, and an Iron Grate, the Goods of Elizabeth James , a Cloth Coat, and a Dimity Waistcoat, the Goods of Tho Williams , November 29 , both Guilty 10 d.

[Transportation. See summary.]

63. Catherine Thompson , was indicted for stealing (with Mary Gerrard , and Eleanor Diggenham , not taken) 150 l. in Money, of a Person unknown , Nov 1 , Acquitted .

64. 65. William Welch , and Richard Jones , were indicted for breaking and entering the dwelling House of Edward Richardson , about the Hour of 2 in the Night, and stealing 10 lb. of Tobacco, value 10 s. and 5 lb. of Pork, value 2 s. the Goods of Edward Richardson , Sept 10 .

Edward Richardson . About the 10th of Sept. I was robb'd of ten pounds of Tobacco, and a piece of Pork; they were taken out of my Cellar, and the Brick work of the Window was broke down, big enough for a Man to enter. I can say nothing of the Prisoners.

Thomas May . The 2 Prisoners and I broke open Mr. Richardson's Cellar-Window a Fortnight before Michaelmas-Day, and took ten pounds of Tobacco, and a Spring of Pork. They went into the Cellar, and gave me the Things out at the Window; the Tobacco we sold for 9 d. per lb. and divided the Money; and the Pork we eat.

Prisoner Welch. To shew the Villanies of this Fellow; he sent this Letter to the Prosecutor, that he knew nothing of it; it is not his own Hand, but his Worship wrote it.

Mr. Justice Chandler. I committed the 2 Prisoners; and as to the Fact, I know nothing; but every one who knows my Hand, will say this is quite different.

Richard Hornlow . I have known Welch 14 Years; and never heard that he had a bad Character.

William King . I have known Welch from his Infancy; - I don't know that ever he did any Body any Harm.

Both acquitted of the Burglary, Guilty of the Felony, 4 s. 10 d.

[Transportation. See summary.]

66. Margaret Poland , alias Irish Peg , was indicted for stealing three pair of Leather Breeches, value 7 s. the Goods of John Evans , in his Shop , Nov. 8 .

John Evans . On the 8th of Nov. between 7 and 8 at Night, the Sash of my Shop was lifted up by some body, and three pair of Breeches taken away. On the Monday Morning I sent my Man about the Trade to stop such Goods if they should be offer'd for Sale; and accordingly on the Thursday after, Mr. Cope sent me Word, that he had such Breeches brought to him to be made up; I saw and knew them to be mine. I went again to his House at Night, and found the Prisoner there; it was then too late to take her before a Justice; so the next Morning we went to the White-Bear, in Row street, and she came to us; she denyed the stealing of the Breeches, but said at first, that she bought them over against St. Andrew's Church in Holbourn; and afterwards, that she had them from a Man, who lives in a Court in Drury-Lane.

John Cope . The Prisoner brought a pair of Breeches to me to be finish'd; I imagin'd them to stole, so I stopp'd them, and gave notice to the Prosecutor.

Sarah Russel . The Prisoner left two pair of Breeches at my Room; and they were taken away by the Prosecutor.

Prisoner. Ask her if I am not a common Dealer;

Russel. Yes, and I always took her to be very honest in her Way.

Peter Sinques . I was sitting by the Fire, at Mr. Evan's, and the Sash was thrown up, and the Breeches taken out; but I did not see the Person who took them.

James Girdler . I was at Mrs. Pickeridge's, in White-Lyon-Street, on the 12th of Nov. and heard the Prisoner say, that she had bought three pair of Breeches, and some, other Things. I have known her 3 or 4 Years, and she bears a very good Character.

Ann Pickeridge . She was at my House on the 8th of Nov from 5 o'Clock, till near eleven at Night, - I never heard an ill Word of her in my Life

Rachael Fisher . I have known her between 5 and six Years. She always bore a very honest Character.

Thomas Fisher . I have known her three or four Years, and never heard no ill Character of her Acquitted .

67. Ann Price , was indicted for stealing four Portugal Pieces, value 7 l 4 s. and 2 Guineas , the Money of Ralph Buck , Nov. 14 .

Ralph Buck On the 14th of November, about eleven at Night, I was walking by Temple-Bar, and a Woman pick'd me up, and carry'd me to the Coach and Horses Alehouse , where we had a Mug of Beer, for which I paid 1 s. I chang'd a Guinea in the House to pay for the Beer, and I had not had my Change a Minute, but another Woman came in; I reprimanded her for coming into my Company, and in a short Time, the Prisoner came in, and pick'd my pocket. I had my Money all but one Guinea, return'd by the People of the House. The Prisoner was secur'd that Night in the Watch-House, and the next Morning, before we went to the Justice, she gave me 21 s. in the Room of the Guinea which was wanting.

Prisoner. How near was I to you?

Buck. Close to me, she was not in the Room a Minute before she pick'd my Pocket - I have two other Witnesses, but one is run away, and the other will not come.

Prisoner. I never was so near him as to offer any such Thing; he told me he would hang the best Neck I had, if I would not give him a Guinea .

The Justice. This Woman being brought before me, I bound the Prosecutor over; afterwards he told me, that he had agreed with her for a Guinea , not to Prosecute, and that he had receiv'd it in Silver.

Joseph Johnson , Richard Eales , and Jane Holbridge , gave the Prisoner the Character of an honest Person, and the Jury acquitted her.

68. Jonathan Birt , was indicted for breaking and entering the House of Thomas Pritchard , and stealing 4 Pieces of Bro Silk, value 40 s. the Goods of Gabriel Leaver , Nov 19 .

Ann Pritchard . On the 19th of Nov. the Prisoner broke my Window and took the Silk away; I ran into the Street, and saw the Prisoner about three Doors from my House, with the Silk lying at his Feet.

A Witness. I saw the Prisoner stand just against the Window, and presently I heard the Window break; I catch'd him in my Arms , and in struggling to get from me, he fell down, and threw the Silk from him .

Prisoner. I was going along , and that Man catched me in his Arms; - the Silk was two Yards from me when he took me .

Guilty. Felony only .

[Transportation. See summary.]

69. Rebecca Brown , of St. Paul, Covent-Garden stealing a Gold Ring set with Cambrick-cap laced , the Goods of James Horne Garnet Ring, the Property of Mary Milner , Nov. 30 .

Sarah Horne The Prisoner robb'd me of a Diamond Ring and a laced Cap ; she likewise took a Garnet Ring , which is the Property of Miss Milner. She confes'd the Fact before the Justice, and the Cap we found upon her, but the Ring she said was lost.

Prisoner. Ask her whether she did not dress me up in the Cap?

Frome. No, I did not?

Mary Milner . This Ring was stole out of my Window by the Prisoner, she confessed it, but not in my hearing.

The Justice. The Ring was sent for by the Prisoner's Order, and she confessed that she stole it.

Prisoner. I was sent for by this Lady to be a Bar-Maid; but she said, I was fitter to be dressed, and go into Gentleman's Company, and these Things she lent to me.

A Woman. I never heard any Thing of the Prisoner, but that she bore an honest, just Character.

Another . I have known the Prisoner 12 Months, she bears a very good Character .

A Man. I have known her from a Child ; she was a very orderly Girl, till she was drawn away by these People .

A Woman. I always took her to be a very honest Girl .

- Hunt. I have known her about twelve Months, and never heard but that she was a very honest Girl .

Matthew Hough . I have known her ever since she was Years old, and never heard any Harm of her till this Misfortune .

Guilty, 10 d.

[Whipping. See summary.]

71. Eleanor Conolly , was indicted for privately stealing 18 Yards of silk Ribbon, value 6 s. the Goods of Thomas Machen in his Shop , Nov. 18 .

Mr. Machen. My Servant detected this Woman with a Piece of Ribbon; I can only say it is mine, - I know nothing of the Prisoner.

John Goodred . On the 18th of last Month, the Prisoner came into my Master's Shop, and I serv'd her with Ribbon to the value of 20 d. Farthing; I serv'd her with more, and while I was doing it she took a Piece and put it under her Cloak, and went away; I let her got to the Corner of the Street, and then took Hold of her; I brought her to the Shop, and she shuffled up against the Counter, and laid down the Ribbon under her Cloak on the Counter.

Richard Peacock confirm'd the above Evidence.

Guilty, 10 d.

[Whipping. See summary.]

72. John Fox , was indicted for privately stealing 18 Yards of Bays, value 14 s. the Goods of Andrew Biggs , in his Shop , Dec. 1 .

Mary Biggs . I was in my Shop, and my Daughter said, a Man had taken the Bays out of the Window; I ran to the Door, and saw the Prisoner running down the Street, with the Bays under his Arm. A Sawyer's Man hearing me cry Stop Thief, took the Prisoner with the Goods upon him.

Richard Tailor . Mrs. Biggs crying out Stop Thief, I took the Prisoner with the Bays under his Arm; he denied that he stole it, but said, that he found it on the Ground.

Elizabeth Muckleston . I saw the Bays in the Window a little while before this; and afterwards under the Prisoner's Arm, about a Yard from the Door.

George Evans . I was Constable; the Prisoner said that he found the Bays, but I saw no Dirt on it.

Prisoner. I was coming along and pick'd it up, and that Man came and took hold of me, Guilty 4 s. 10 d.

[Transportation. See summary.]

73. Ann Whitehead , was indicted for stealing a silver Watch, a silk String, a silver Seal, a pair of Knee-buckles, and 10 Shillings in Money, the Goods and Money of William Godfrey , in the Dwelling-House of Ann Whitehead , Nov. 3d.

Godfrey. Last Sunday was a Fortnight, going up Long Lane , a Woman pick'd me up, and carried me to the Prisoner's House; we had a Quartern of Gin in her Shop, and after that, we went into a little back Room, and had another; we then went up Stairs, and had 2 more I went to Bed, and the Woman went away; a little while after I heard a Man say, What Business has he in my Bed? if he don't come out, I'll murder him. The Prisoner came up and desired me to go, and gave me my Cloaths, but when I had put them on, I miss'd my Watch; I put my Hand into my Pocket, and miss'd my Money; my Knee-buckles were likewise taken away, and my Stock-buckle out of my Coat-pocket, and a Brass one put in its Stead.

Prisoner. He came in with this Woman, and they went up Stairs together; when he went out, he did not say that he had lost any Thing: He came again an Hour afterwards, and ask'd for the Woman; - he told the Watchmen, that he lost his Watch with the Woman that he brought in .

Ann Howard , Elizabeth Kilpack , William Gibson , Ann Parks , Edward Porter , and Mary Dod , gave the Prisoner the Character of an honest, industrious Woman, Acquitted .

74. Thomas Lee , was indicted for that he on the 5th of March, in the Parish of St. Bennet, Paul's Wharf, did marry, Alice Smith , and afterwards, viz. on the 12th of Nov . in the Parish of St. Sepulchre , feloniously did marry, and to Wife took Elizabeth Gumin , his former Wife being living .

Wm Wilks . I was present the 5th of March, at Paul's Wharf, and saw the Prisoner and Alice Smith married according to the Ceremonies of the Church of England.

Walter Wyat I married a couple by the Names of Thomas Lee , and Elizabeth Gumm , but I can't swear that the Prisoner is the Man If he is the Man, he has been in the Wars or in a Skirmish, for he is very much disfigured, Acquitted .

75. George Lacey , was indicted for stealing 3 Shop Books, being Books of Accompts, value 20 s. the Goods of Francis Dalby , November 28 , Guilty 10 d.

[Whipping. See summary.]

76. Thomas Crow , of Ealing , was indicted for breaking and entering the dwelling House of King Gold , Esq ; about Two in the Night, and stealing ten Quart Bottles fill'd with Mountain Wine, value 10 Shillings the Goods of the said King Gold , Sept. 19 .

Mr. Gold. On the 19th of September last, my House was broke; and the next Morning, I found 18 Bottles in my Garden, 2 of which were full, and the rest empty.

Mr. Edmonds. I was present when the Prisoner sign'd his Examination; it was read over to him, and he did it voluntarily.

The Examination of Thomas Crow , taken before me George Butteris, Esq; &c. November 20th.

'' This Examinant faith, and doth own, that '' about the 18th or 19th of Sept. last, his Brother '' David Crow , did persuade this Examinant, '' to go with him to visit some of the Servants '' of King Gold, Esq; in the County of Middlesex, '' with whom his said Brother had sometime before '' liv'd as a Servant; and when they came '' there, his said Brother thought of getting into '' the House, and accordingly his said Brother '' the said Morning of the 19th of Sept. about 2 '' or 3 o'Clock, did attempt to get in, and did '' get into the said House, by opening the Cellar '' Window; and did deliver out of the said Window, '' to this Examinant, about twelve Bottles '' of Wine, the major Part of which, they drank '' in the said Mr. Gold's Garden, and left the rest '' behind them; and whilst they were there a '' Gun was fir'd off from the House, but did not '' hurt this Examinant, or his Brother; and that '' his said Brother took away a Piece of cold '' Mutton, and a Piece of Bread, of which this '' Examinant eat Part.''

Prisoner. My Brother had me away, - I never was at the House before in my Life.

Guilty Felony only, 4 s. 10 d.

[Transportation. See summary.]

77. Sarah Claxton , was indicted for stealing a Linnen Shirt, value 3 s . the Property of William Jones .

Guilty 10 d.

[Transportation. See summary.]

78. Henry Drake , was indicted for stealing a Silver Spoon value 10 s. the Property of Thomas Martin , Esq ; Nov. 12 .

Guilty 10 d.

[Whipping. See summary.]

79. John Jones , alias Captain Jack , of Acton , was indicted for stealing 2 d. 3 Farthings , the Money of Sarah Griffin , Sept. 7 .

Sir Joseph Ayloff . The Prisoner was brought before me, and confessed that he was in Company with several others, when the Woman was ravish'd in the Barn at Atton ; that Curtis demanded her Money, and the Woman did not give it to Curtis, but to him. I believe he was drawn away by them, for he bore a better Character than any of them

Peter Lewis, and Edward Parker, never heard any Ill of the Prisoner before .

Guilty .

[Whipping. See summary.]

80. Ann Gibbs , was indicted for stealing a Cloth Cloak, value 5 s. a Cotton Gown, value 5 s. a Silk Petticoat, value 3 s. the Goods of Rachael Hicks , Nov. 15

Acquitted .

81. John Mace , was indicted for stealing 2 Sows, value 4 l. the Goods of John London , Nov. 29 .

Guilty 4 s. 10 d.

[Branding. See summary.]

82. Margaret Tacey , was indicted for stealing a Linnen Sheet, value 12 d. the Property of Jane Mowet , and a Linnen Sheet, value 6 d. the Goods of William Judd , Oct. 24 .

Guilty 10 d.

[Whipping. See summary.]

83. Sarah Nichols , was indicted for stealing a pair of Silk Stockings , value 18 d the Goods of Thomas Beaver , Nov. 2 .

The Prosecutor not appearing when called, the Prisoner was acquitted

84. Rachel Yeuins , was indicted for stealing 2 Holland Shirts, the Goods of Nicholas Smith , 3 Linnen Shirts, the Goods of Gerrard Fitzgerald , a Linnen Shirt, 2 Aprons, the Goods of Dennis Ferrol , and divers other Goods of several Persons , Oct. 23 .

Guilty 4 s. 10 d.

[Transportation. See summary.]

85. Robert Jones , was indicted for breaking and entering the House of Charles Gardner , about 12 at Night , and stealing a Wooden Box, value 1 d. 6 Knives, value 12 d. 6 Forks, value 12 d. a Pewter Funnel, value 8 d . a Pewter Strainer, value 1 d. the Goods of Charles Gardner , Oct. 3 .

Charles Gardner . I live at Hoxton ; on the 3d or 4th of Oct. last, about 12 at Night, hearing my Dog bark, I got out of Bed, and call'd, Who is there? presently every Thing seeming quiet, I went to Bed again, and in a little Time I heard the same Noise again; I called up my Servants, and made them stay with me 'till all was quiet again. My House is on two sides of the Way, and I have a great Gate which pans them from the common Road; in the Morning I found the Door of the opposite House broke open, and the Goods mentioned in the Indictment taken away .

Sarah Wright . I fastened the Door over Night with 2 Bolts, and when I came down in the Morning, it was wide open; I miss'd a Funnel and Sirsiner which ung up , and likewise a Box of Knives and Forks ; there was a Gallon Pot set under a Bench , ready to be taken away, but I suppose my Master's making a Noise, and the Dogs barking disturb'd them.

Thomas May . The Prisoner and I got over the Wall , which joins to the great Gate, by the Help of a Ladder, and took it over with us. We then got the Man's Doors open, and went into the House; we found nothing but Knives and Forks, a Strainer, and Funnel. Mr. Gardner call'd out, and the Dog made such a Noise that we could not get any Thing else.

Gardner. I could have seen the Ladder against the Wall, but it was so dark that I could not see a-cross the Place.

Acquitted .

86. Isaac Smith , of St. Leonard, Shoreditch , was indicted for assaulting Alexander Mackensie on the King's Highway, putting him in Fear. &c. and taking from him a Duffil Coat, value 15 s. a Hat, value 2 s. a Cap value 2 d. 3 Stocks, value 6 d. 1 Silk Handkerchief, value 2 s. a pair of Brass Buckles, value 4 d a Knife and Fork, value 6 d . a Pocket Book, value 4d. the Goods of Alexander Mackensie , Oct 25 .

Mackensie. On the 25th of Oct. I was going to my Quarters , between 4 and 5 in the Morning, and the Prisoner and two other Soldier s met with me in Kingsland Road ; they stopp'd me, and asked me what I would give them: I said, Gentlemen, I have nothing to give you, you should make a Price of another; they insisted on something, so I gave them half a Pint of Gin, but they would not let me go; I gave them 3 Cambrick Stocks, they were not satisfied with that, but all three came about me, and asked me for my Money. The Prisoner pretended to be my Friend, and pulled off my Coat, and said I might beat them both; they knocked me down twice, and made me bleed, so then I let them do what they would; I lay in the Kennel sometime before I came to myself, and the Prisoner was taken with my Coat upon him; he was carry'd before Justice Chandler , where he confessed the Fact, and said that he was induced by his two Comrades, to come there that Night on purpose to rob.

Thomas Tarrit . I was coming from Ponder's-End with a Load of Turnips, and saw the Prosecutor and the Prisoner scuffling in the Dirt; I went on with my Waggon, and when I came to Hoxton-Square, the Prisoner came up with the Coat on his Arm ; I asked him what he was going to with it? and he said, he was going it to the Man's House: I had hi to New Prison, and from thence to the Justice's where he, that he came out with his Comrades with Intent to rob somebody .

John Tarrit confirm'd the Evidence .

Richard Love . I carry'd the Prisoner by the Justice; he then had the Prosecutor's on his Arm; he cry'd and desired to be made an Evidence, but could name nobody, but one Tom Sanders .

William Webb . I pull'd this Cap out of the Prisoner's Pocket .

Prosecutor. This is mine.

Richard Lane. Mr. Tarrit and his Brother deliver'd the Prisoner to me; Mr. Love carried him before the Justice; and he desired to be made an Evidence, but he could not name his Companions.

Acquitted .

87. George Taskol , was indicted for stealing a silver Watch, and other Things, the Goods of Robert Stone , in the House of Thomas Stone , Nov. 12 , Guilty 39 s.

[Transportation. See summary.]

88. Richard Newman , was indicted for stealing eight Linnen Shirts and other Things, the Goods of John Uphouse , in the House of Nicholas Read , Dec. 2.

Guilty 4 s. 10 d.

[Transportation. See summary.]

89. James Dobs , was indicted for stealing a silver Spoon, the Goods of William Burton , Nov. 8, Guilty 10 d.

[Transportation. See summary.]

90. 91. Christopher Proctor , and James Steward , were indicted for stealing two Table-Cloths, and other Things , the Goods of William Townsend , November 26 .

Guilty 10 d.

[Transportation. See summary.]

92. Arthur Turner , was indicted for stealing 300 Pounds of Lead, fix'd to the Messuage of Daniel Burr , Esq ; Nov. 11 ,

Guilty 10 d.

[Transportation. See summary.]

93. Joseph Anderson , was indicted for stealing a pair of Leather Harness, and a pair of Pole Pieces , the Goods of William Piddington , Guilty 4 s. 10 d.

[Transportation. See summary.]

94. James Hallam , was indicted for stealing 6 Yards of Black Velvet, and other Things, the Goods of Joseph Clarke , in his House , September 9 , Guilty 4 s. 10 d.

[Transportation. See summary.]

95. 96. William Twaits , and John Maine , were indicted for stealing two Mens Shoes , the Goods of Robert Ashbridge , Nov. 8 ,

Guilty 10 d.

[Transportation. See summary.]

97. Sarah Brewer , was indicted for stealing 17 Pounds of Leaden Pipe, fix'd to the House of Nichols Tyler , Dec. 4 .

Guilty 10 d.

[Transportation. See summary.]

98. Frances Selby , was indicted for stealing 18 Pounds of Leaden Pipe, and a Brass Cock, fixed to the Tenement of Thomas Hall .

Guilty 10 d.

[Transportation. See summary.]

99. George Rice , was indicted for stealing 11 Pieces of Timber , the Goods of Richard Dod , Guilty 10 d.

[Transportation. See summary.]

100. John Hood , was indicted for stealing two Shifts , the Goods of Elizabeth Baker .

Acquitted .

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

Received Sentence of DEATH 7.

John Runsburgh , Joseph Huddle , Daniel Jackson , Thomas Coates , Thomas Nash , Richard Quail , and Robert Legrose .

BURNT in the HAND 6.

William Oliver , Charles Little , John Kilby , Samuel Stark , John Mace , and Ann Fuller .

To be WHIPPED 8.

John Jones , George Lacy , Eleanor Conolly , Aaron Gibbs , Rebecca Brown , Henry Drake , Margaret Tacey , and Dorothy Cooper .

TRANSPORTATION 52.

John Cowdell , Williams Wilson , Lydia Atkins , Sarah Hudson , James Maccartney , Ann Smith , Ann Hicks , Sarah Newlove , Hannah Hall , Richard Foster , William Andrews , Mary Peachum , Michael Harrison , John Glew Gulliford , Herbert blackbourn , John Legg , Catherine Grice , William Philips , John Davis , Ann Cape , Hannah Prince , William Welch , Robert Jones , Mary Bull , Patrick Long , Ann Dunstan , Jonathan Birt , George Taskel , Frances Simmonds , Richard Newman , Sarah Claxton , James Dobbs , Hester Walker , Sarah Laxton , Elizabeth Matthews , Elizabeth Meckey , Christopher Proctor , James Steward , Arthur Turner , Joseph Anderson , Rachael Youngs , John Fox , James Hallam , William Twaits , John Maine , James Newbury , Elizabeth Martin , Thomas Crow , Sarah Brewer , Frances Selby , George Rice , and Elizabeth Jackson .